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Playtime Theaters - Correspondence (1982-1986)
c‘Si , -4, �o . 0 THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 n - . BARBARA Y. SHINPOCH, MAYOR • DELORES A. MEAD o To. ,' CITY CLERK • (206) 235-2500 ,9�AE® SEEP���O February 17, 1982 TO: Daniel Kellogg, Asst. City Attorney FROM: ', City Clerk's Office RE: Playtime Theatres, Inc. vs City of Renton , Your letter of 2/8/82 requesting documentation re Ordinance No. 3526 Enclosed please find the following copies: 1 . Letter of 5/22/80 from Mayor Shinpoch to Council President Trimm. 2. Council Minutes 6/23/80 referring subject of adult bookstores , films , ) etc. to the Planning and Development Committee. 3. Council Minutes 9/8/80; Planning and Development Committee referring adult entertainment land use matter to the Planning Commission. 4. Notes of G. Y. Ericksen , former Planning Director re Special Study. 5. Notes of Planning Commission committee re plan of action. 6., Renton Planning Commission Meeting Minutes 9/10/80 re regulation of II adult entertainment land uses. 7. City Council Minutes 10/13/80 adopting Resolution #2368 declaring 120 day, moratorium on licensing of businesses selling/showing sexually ex- ,plicit materials. 8. Copy of Resolution #2368. 9. Planning Commission report of Special Studies Committee. 10. Letter of 11/24/80 from Renton Planning Commission re adult entertain- ment land uses. 11 . Agenda bill 12/1/80 presenting Planning Commission letter to Council . 12, City Council Minutes 12/1/80 referring Planning Commission letter and subject of adult entertainment land uses back to the Planning and Develop- mentI Committee. 13, Letter of 12/3/80 from Mayor Barbara Shinpoch to Planning Commission. 14, Council Minutes 2/9/81 Planning and Development Committee rescheduled meeting for meeting with public. :5. Planning and Development Committee Notice of Public Meeting 2/10/81 for 3/5/81 meeting. 16. Asst. City Attorney letter 3/24/81 . 17. Planning and Development Committee Report 4/6/81 re adult entertainment land ,use, 18. City 'Council Minutes 4/6/81 adopting committee report and first reading ! of land use ordinance. 19. Letter from City Attorney 4/8/81 requesting environmental review. 20, Council Minutes 4/13/81 adoption of Ordinance #3526. 21 . Ordinance #3526 relating to land use and zoning for adult motion picture theaters. I t ,f r' 2/17/82 To: Daniel Kellogg, A5` t, City Attorney I I I 22. Environmental Review Committee Agenda 4/15/81 . 23. Environmental Checklist No. ECF 038-81 . 24. Environmental Checklist Review Sheets from City Departments: (5) I 25. Final Declaration of Non-Significance ECF 038-81 . 26. No'tice of Environmental Declaration ECF 038-81 . \ i If we can be of any further assistance, please do not hesitate to contact this office. i i \ \ I Ii Delores AI, Mead, C.M.C. I City Clerk I11 \ . 1 PS: Also enclosed is tape of City Council Meetings of 4/6/82 and 4/13/82 with excerpts for adoption of Planning and Development Committee Report, I first reading of ordinance and adoption of Ordinance No. 3526. I, I I i I \ I \ I I \ I I I i I I I I I I I 1 \\ 1 I I USA TC`11°Y• TUESDAY, OCTOBER 13, 1987 • 7A �1�V7:;:-,.1. ‘'..!,,:.. . 'c - :. :ti;�•. +� L..v, ar .. ." - L,_ ,r,t -r,. �_ .s.a-.a4r?�. h,, ♦ .s,,.e-, J.. erg,..,.•. Z.. ,. -4. _ e e- , I - . . .- E \ - 'i .%. .F._ "j. �Y...r �{.- �..:-a[. '.k4•.=,. ..•�.F. ::. .. ..` ..�'P1� ��' ;`�.• . - J.�.- ,.. ..�1� +s;. !� p, ..oi` +Y'.y. a��G .i vs.', � ,r•,.,,• rF�f''� _-D%c- s { ,,2'r- i-a�,- ..<•. .tea' �, ,,,„ r „Cif/ .,y,. ,t, ..._ +�i/ -..- .. :..u: .;■mow■ ,a X,y 31r d�i d: J1 t h p S- "� LK. ? - • 'm T —' .. M J 9 '3. ir.4 � �. --.c.,., ," .^'�iir;� _� � .Fr�a;. ,�. ,.,.�.3 .... .«_ ..,.,.�. - ..�, ,, __..'�•i,�•�. _ ... .. ,.,v, �q a ._- - ..... �tr- -.,. >r.�-��`:t�••-_�. Z•r. •x _Y*.-c. �;`�.-.�..". .�., •�-'��-• �• 0 3 60 or ' • • - -- �t lad®n ®f t s t e� mile '.Wash: � � • ��� �181�t�� `!'-�' N : • .A plan to..remove what the'cl calls nau h and:tac T,shirt shops -' er A rney Warren. The intent, h — 'City .9 .tY . kY . P �. usADTODAY lams said, wasn't o run pornography out : Bourbon Street in-New.Orleans has man merchants u in arms::More crt- ^ :. ; Renton place that,wouldn't y P "we wanted it in a les•.across• .ahe:.USA.are:finding ways-to`clean up`their red-light districts. , RENTON,Wash.-It took four years hurt neighborhoods. Here's a Took at just a few: .`. • •• ;,,, and over$500,000 for this town to win Police estimate that Renton The- - the right to restrict adult entertainment.: ater's adult movies attracted fewer than - x. , > ._r. -..._. _- je‘m : The U.S.Supreme Court last year up- six viewers each. . held Renton's ordinance banningadult But 14,000 people signed petitions s,,, u i --OrlAwCtilla ---—-- --:.-==.�:,..-;:°�� ,x � ,,� e >� t . Wash. theaters within 1,000 feet of omes, backing the town. "It was all or noth- New €` 16 L ,< e ont. churches,-schools�or-parks. ing"said_organizer Kathy Keolker. a �r1.k I 1' � Today: Renton s only adult movie To theater owner Roger Forbes,who �Ti > "p y y - t r F.,yq-,' """ �` 'vii theater is closed, but a downtown con- now lives in Hawaii,it was a fight over • Sky�� S Y i ,<%'' ,�Y'� `Q• 4 A4"� -.. �� 1.► •��+ �. T t z ® Renton venience store rents X-rated movies. constitutional rights. £tj.. �' * ' '" Ore. Idaho "If Renton is different today,it's a riff- •The outcome leased store owner _= 1 { , : ti P • "l g �•" �... :75 .'" ferent attitude about how much control TonyPorcello:Adult businesses"aren't not s e - £ t_ 1 a? i,Div By Julie Stacey.USA TODAY the city has over its destiny,"said City conducive to a healthy community." .- - _ • • in Quarter ,,,,,,o.,.,,,,,,,„,„:„.:.„..,,,,:,,,,,,,,p_.:„:„: „„:„:„....,:,:;.,,,„,.„2,...,„„,,,.„..,-,,.:-..„,..,,,,,:.",.,.- , ," , - -,,,, o,p,:,!",:,ty:,:-t.,:4.;,N.:,F:1,!;:.;lofqros _ 1.-' ' i ... . *� 11-- a -:-. ECOR101lliCS is achie� ' Ci b l i. ig - By Sharon Donovan �xl#;rf:�:J:'� �A:��� F € t �V �Z P:, y `; :-: ;•-• • USA TODAY i .. :x w } ,� what moralists could not s NEW ORLEANS - The French ,ti 41' j s a . ,, , . • I Quarter-site of a year-round street +:- > k ByJudyKeen down since 1984. • carnival -is on the verge of going fl`i!. "'. - x � � �' x� � � �$ Fitzsimmons Redevelopment of the nearby the- tacky, t:. • city officials fear. f and Pamela f M ',, USA TODAY ater district and shopping areas are It was once known for strip joints, c 1 1 s �', V ,�. making Combat Zone property ripe potent Hurricane Punches at Pat �� : a } 'O'Brien's bar and non-stop partying i. . o ,� � 2� g ty P for sale,city officials sa . z • The mi h dollar is accom lisp Y Officials have made headway :. fi : ing what moral activists have been New York:A$2 billion renovation l ' tie '3 trying do to for years-cleaning up of Times Square is sailing full speed • E,' against the adult shops and movies ' av n= „ -putting a lid on much of it with a the USA's red light districts. ahead, said the city s Public Devel • 1981 moratorium a a ;r i Easy access to X-rated fare on opment Corp.'s James Stuckey. By �.. �� 1992: A merchandise mart, new of- But now,the Quarter is being over- ' �.?.-z home VCRs is playing a part, but, k, t ."`� : , :, :r: with more people movingback to the fices and theaters will replace the F ; run by T-shirt shops. „. , � ;,. : ;. �., p P adult attractions on 77 parcels in the �:g -,.. � .;; r,.,,�: :i w., --;:_: city,land is just too valuable to waste . Pro osed solution: an ordinance v >.; "`ti .`.. P o ty' JTimes Square •-,, ,---,:a.„,,,,...,-.-..,;` < ,: ,..;.:.:,..:.; ; ...:,:.�:. .: >.4.,.;�,..._ ,-.,...... 13-acre area around requirings cialpermits for bust- G,'"�., y3 N-F on peep shows,say planning officials Pe ` ',::< :.: ..... :.:.. _. �: .....:::�� ,.�:�:��-: and along42nd Street nesses with more than 10 percensg t `` , ,_ and land developers. am: �" n< Examples: of cus- hy � � � ,. :;,• ..�. San Francisco: A dearth sales and merchandise in T-shirts. -, . } "�`"" " "'� � .; Baltimore: A police station, higti- "I wouldn't sell it if people weren't "�>�; : F�� � ,� � , : tourers along the North Beach neigh- P . _ � � :,$ ' <' "�� � way, city building and a community borhood and Broadway-its sex-ori- buying it," said Richard Taylor, 41, - �:,� �: `,N. ;< < . By`Sharon Donovan ,;:, . :�-= who owns two Tshirt shops."I don't PROTEST: Store owner Gae Edin takes a stand against a proposed law to college ared squeezing out The sectionon less b strip - has forced some top- thinkgovernment should legislate - an adult entertainment • less bars to close. • limit T-shirt shops in New Orleans' French Quarter. that 10 years ago was three blocks And the Tenderloin area, another • what the public should buy." , He and others are fighting back by • bars,bookstores. `That featuring adult attractions, is 'vie away 1,000 red and white T ;: jammedas shrunk withto about a block, said a strip transformed into a Southeast s giving Y . ,... ....,. form shirts protesting the proposed-law. ._ "We::used toy°: et` _kick:-ou of rea city plannerBarry. Asian family neighborhood.Alfred • "The issue is really more than just } ''.`:; .;,., • `: 3 ` '::°` ` : - Some ousted businesses--moved-_-- Washington,_D.C.: Three blocks • et _ T-shirts," said Gae Edin, who ownst C+-� OIL •t�e ; 5 .�7Ut li S gOCn' .: near Baltimore's convention center, from the White House, 14tfi Street - - -- - - --- - --- ---- -- several T-shirt shops• `What's next .;;_. - - -- r+� �, , . ;;, ;, .. , ,,:. -; ; . .,. � .,...� -- but redevelopment there is forcing was for decades a haven for sex- year?How far will this o?The .:. . g pos- them to move again.--- ------- --shops,-prostitutes-and-drug dealers._ _ �'•'= sibility of favoritism and graft and ;::: - - - - - - - -- - -cam:. , ;;;.,.-.Judson.Sanders,40,:of Mobile,_Ala�'" en years ago, Boston re- But in 1983, a business group select enforcement has no bounds!' :, ::> ::':;';:; :• . oston Boston: all sex oriented businesses to upset that 18 new ofTice buildings But Ordinance author Councilman _ c Mike Early said the law-to be vot- people get an opportunity to be Bourbon Street, manager.Irma La- the Combat Zone - a four block were only.40 percent occupied e- _• • on Thursday - will affect onlyhere?"-Walter Barnes,30,materi- downtown area. worked with city police and hired de- ed : i pene,32,said that when growing up The zone still has about 30 book- tectives. Result: closing 16 of 22 sex about 20 percent of the Quarter's es- als control clerk,Durham,N.C. in the quarter she thought the show stores,peepshows,and X-rated mov- oriented businesses. Offices and oth timated 1,200 businesses. John Jordan, 38, who is one of girls were glamourous ie theaters but at least ten have shut er businesses are being built. ,-.., - = _ _ #r rl c_af=alleat 4-240 �s� pntc-irt the quarter! Today sheis�fot_impres.�ed with - _ :r firiatc estimate there are five to six frets thafthe caliber of�mercliandis`e their3skimpy=costufYfes,-but=noted;- - - - _-_ - __- _ . '; - T-shirt shops per block . in shops is attracting undesirables. "The out-of-towners really enjoy-it" - __ - - - - _ -- ---- - - ---- - - - . .Tourists are divided: "Let's face it,a lot of undesirables Another native,Louise Glynne,90, "I think manyof the T-shirts are have alwayshungt •�•around in the who sells pralines from her shop on .. F , 'f•' vulgar, and I wouldn't wear the French Quarter," he said. "But now Royal Street,is philosophical `,, .4 k ' `1..[ .,: =m ^,- '_ • stuff. - Dinah Patterson, 36, a it's getting overrun,and Tthink the T- "I've seen the Quarter c' rige so - — .4 _-_ ByRick Friedman t-.- ' . clerk in Durham,N.C. shirts are a part of that" much.I'm certain it will just change IN BOSTON:The downtown area where the adult book stores,X-rated mov E- The place is exciting.How many Over at Big Daddy's strip joint on again ;always for the better." ies and strin ara ri is ca rr th adult 7nst November 24, 1986 Renton City Council Minutes Pane 138 CAG: 060-86, NE 10th Public Works/Engineering Department submitted CAG-060-86, NE 10th Street Improvements, Street Improvements, Kirkland Avenue NE to Monroe Avenue NE; and Kirkland Avenue NE to requested approval of the project, authorization for final pay estimate j in the Monroe Avenue NE, amount of $19,753.54, commencement of 30-day lien period, and release of Final Approval retained amount of $1,039.66 to contractor, Gary Merlino Construction Company, if all required releases are received. Council concur. Lease: Control Tower Public Works Department requested renegotiation of Federal Aviation Building, Federal Administration lease rate for Control Tower Building at Renton Municipal Aviation Adminkstration Airport. Refer to Transportation (Aviation) Committee. MOVED BY MATHEWS, SECONDED BY KEOLKER, COUNCIL ADOPT THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPOND NCE Parks/Housing & Community Development Department requested approval of Parks: Trails Mailster EDAW, Inc. as the primary consultant for the City-Wide Master Trails Plan. Plan, Consultant Parks: Cedar River Parks/Housing & Community Development Department requested approval of Natural Zone Master Jongejan Gerrard McNeal as primary consultants for the Cedar River Natural Plan, Consultant Zone Master Plan. Parks: Heather Downs Parks Department requested approval of MacLeod Record as consultant for Park Master Plan, the Heather Downs Park Master Plan. Consultant Parks: Housing & Added: Parks /Housing & Community Development Department requested Community Development appropriation of unallocated 1986 Community Development Block Grant Block Grant Funds, 1986 Funds in the amount of $19,863 into Housing Repair Program, Cedar River Trail Design, and Highlands Neighborhood Center, Phase III. MOVEIp BY STREDICKE, SECONDED BY MATHEWS, COUNCIL REFER THE FOUR ITEMS LISTED ABOVE TO THE COMMUNITY SERVICES COMMITTEE. 1 Streets: Handicapped MOVED BY MATHEWS, SECONDED BY REED, CORRESPONDENCE Parking FROM CITY ATTORNEY REGARDING HANDICAPPED PARKING BE REFERRED TO WAYS AND MEANS COMMITTEE. CARRIED. Tax Levy Ordinance, MOVED BY MATHEWS, SECONDED BY TRIMM, 1987 TAX LEVY 1987 ORDINANCE BE REFERRED TO WAYS AND MEANS COMMITTEE. CARRIED. (See Ordinances and Resolutions.) Fire Department: EMT- Added letter was read from Richard O. Cummins, Medical Director of King Defibrillation Program County EMT-Defibrillation Program, praising recent outstanding,performance of Renton Fire Department personnel in responding to two separate cardiac arrest calls. Individuals involved were EMTs Monoghan, Schulten, Hun] t, Dykes, and Rude, and paramedics Dougherty and Keller. OLD BUSINESS Planning and Development Committee Chairman Keolker announced that the Appeal: Maine, print Maine/Print Craft Sales Corporation appeal, remanded to the Hearing Craft Sales Corporation, Examiner by Council on 11/3/86, has been dismissed by the Examiner since R-067-86, SA-0 8-86 the applicant has withdrawn from the original proposal. WSDOT: I-405 S Curve Upon Council inquiry, Administrative Assistant Parness reported that the last Project date for submission of comments for the final Environmental Impact Statement for the WSDOT I-405 S Curve Project is 11/24/86. Completion of the final EIS document is estimated to take one year. _Curt Case: Playtime Upon Council inquiry, Mayor Shinpoch indicated that the Forbes Playtime case against the City has ended with Mr. Forbes disincorporating in the State of Washington. Since the amount of admissions tax owed the City for Ithe theater operation does not offset the cost of attorney's fees to collect them, the City has decided not to pursue the matter. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee member Trimm presented a report Committee recommending the following ordinance for second and final reading: I. y - vs , ., )op 0 `/ � 0 '' CITY OF RENTON 0 ..sel Lawrence J. Warren, City Attorney la Daniel Kellogg - David M. Dean-Mark E. Barber -Zanetta L. Fontes -Theodore R. Parry Assistant City Attorneys September 24, 1986 Barbara Y. Shinpoch, Mayor's Members of Renton City Council Renton Municipal Bldg. Renton, Washington • Re: Playtime Theatres Dear Madam Mayor and Council Members: The City of Renton holds a judgment against Playtime Theatres for costs in the Supreme Court case. We also hold a judgment for past due admissions tax in the amount of approximately $8 ,000 .00 . The last I had heard, Playtime was no longer doing business in the State of Washington. I have been contacted by many people trying to find Mr. Forbes and his corporations in order to collect judgments from him. From this I feel reasonably securl that any effort to collect our judgment against Playtime would be fruitless. On the other hand, I dislike walking away from a $20 ,000 .00 judgment. The rule is that the judgment ] will remain of record for ten years and then automatically ; 0 will be void. I would like Council direction on whether or not it wishes , the City Attorney' s office to try and pursue collection of this judgment. Of course, an alternative is to wait and see if Playtime begins doing business in this State again. I have hesitated to bring up this topic, partly to make sure all of the appeals were finished. The time has now come and gone and we need to decide on whether to pursue collectionlof our judgments. V ry t ly s, / ?AlA......--- a rence J. Warren LJW:nd • Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 ,i)14, ,....,:„ c , , . OF R4, , ti �� 0 OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON V `o Z POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8678 o p 4 ^ LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 11Q • GB' M. DEAN, ASSISTANT CITY ATTORNEY 09 g'Q MARK E. BARBER, ASSISTANT CITY ATTORNEY • .'Et SEP-E ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY May 21, 1986 - MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY v1---4 f)u. .t'-z-,-:;A i:... I .R.l TO: Mayor Barbara Y. Shinpoch .Members-of City Council co Fa ` FROM Lawrence J. Warren, City Attorney Dear Madam Mayor and Council Members: Plea e find attached 'a copy of an Order from the Ninth Circuit ' Cour 'of Appeals vacating its prior opinion on the Playtime case to the extent as it is inconsistent with the decision of the nited States Supreme Court .and otherwise affirming the I deci ion of the District Court. Just before we received this Order, we also received a Motion) for Leave to File Further Briefs by Playtime' s attorney. We spent the time and effort to respond to the Ninth Circuit arguing that no further briefs should be necessary. However,, before we coul have our response typed and mailed, we received this Order. I If you have any questions, please let me know. Ver my yours, cAAA,Ae . tim,L,_/ 1 Lawrence J. Warren . LJW/jw EnclI I ,' ,yi .- ..s. , , ., , FILED FOR PUBLICATION I MAY131986 UNITED STATES COURT OF APPEALS 2 FOR THE NINTH CIRCUIT CATHYA.CATTERSON,CLERK 3 U.S.COURT OF AP EALS 4 1.LAYTIME THEATERS, INC. , ) - Washington corporation, ) 5 -t all , ) Nos. 83-3805 83-3890 6 laintiffs-Appellants, ) 7 s. ) 0 7._,I.T-IL),F1,1 re,,f1 7,,,,,n ) IUJ 8 HE CITY OF RENTON, et al. , ) MAY 1 r, 1986 ) 9 1Lefendants-Appellees. ) WARREN&KF..LOCG ) By 10 ) ORDER ) 11 HE CITY OF RENTON, a ) lunicipal corporation, et al. ,) 12 ) Plaintiffs-Appellants, ) 13 ) vs. 14 ) PLAYTIME THEATERS, INC. , a ) 15 Washington corporation, ) et al. , ) 16 ) Defendants-Appellees. ) 17 ) 18 19 BEFORE: FLETCHER and FARRIS, Circuit Judges, and JAMESON, District Judge. 20 21 Our opinion .,at 748 F.2d 527 (9th Cir. 1984) in the above 22 entit.ed matteri vacated o the extent it is inconsistent w'th �3 the d cision of ! the United States Supreme Court in City of Renton 24 v. Playtime Theaters, Inc. , 106 S.Ct. 925 (1986) . The judgme t of 25 the d.strict court is AFFIRMED. 26 - * Hon. William: J. Jameson, Senior United States District Jud•e for the District iof Montana, sitting by designation. A OF R41., - � OFFICE OF THE CITY ATTORNEY •• RENTON WA,SHINGTONIN `$ • POST OFFICE BOX 620 100 5 2nd STREET • RENTON, WASHINGTON 08057 266-8678 p LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 11 DAVID M. DEAN, ASSISTANT CITY ATTORNEY .0gTE0 SEPO.° MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA 248 1986 L, FONTES, ASSISTANT CITY ATTORNEY MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY TO: Barbara Y. .Shinpoch, Mayor • Members of City Council FROM: Lawrence J. Warren, City Attorney RE: Playtime Dear Madam Mayor and Council Members: • We were informed on Wednesday, April 23, 1986 that the Supreme Court lad denied Playtime' s Motion for Reconsideration or Rehearing. This was as expected. In fact, we considered Playtime' s Motion so unlikely to get the Court' s attention that we did not file a response. We felt that if the Court was going to consider it at all, the Court would invite us to respond. In a similar vein, I hive recently come to an agreement with Playtime's attorney that Playtime will dismiss its appeal of Judge Nancy Holman' s decision. That would end the State court case. Although the Supreme Court case has to go back through the Ninth Circuit, that case should inevitably terminate in the near future. Playtime' s attorney did talk to me about making some sort of a motion to. the Ninth Circuit. However, I do not believe we are in much danger as the Supreme Court's opinion was rather direct. I ' If I can provide you with any further information, please let me know. Ver truly yours, f . Lawrence J. Warren LJW/jw ! 1 R. W. Wohllaib April 9 , 1985 Page -3- 11. Frost - Claims physical injuries caused by bridge railing going through the window of an automobile in which Frost was the passenger. Both driver and passenger admit to drinking and the driver was legally intoxicated and subsequently convicted of driving while under the influence. The j claim was filed in 1984, with suit in 1985. Liability is difficult to judge at this early date. 12. McGerry - Claims damages for business interruption due to construction by the City. Claim has been tendered to the construction company which to date has done little to settle the claim. There is some City liability which should be recoverable from the contractor. 13. McRae - Seeks repossession of the theater buildings of Playtime Theaters , Inc. No City liability. I � 14. Jackson Development, Inc. - Seeks return of monies under Systems Development Charge. Other Systems Development Charge ordinances have been found illegal. The City' s ordinance is based upon a different theory and may be upheld. Amount in controversy will depend on whether or not the Court will certify a class action. Amount in controversy is over $200,000, plus interest from two to three years in duration. 15. Pemco Insurance - Seeks recovery of subrogated claims paid to third party. City did not own any of the property upon which accident occurred and there appears no liability. Plaintiff 1. Playtime- TheatersiTaxJ- Seeks recovery of unpaid admissions tax. Amount of controversy is several thousand dollars . 2. Clarkrich, Inc. - Seeks to require construction of certain promised improvements and recovery on bond if the City is required to perform the work. ..1 vl . OF R4, e OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON 4., « IO V `$ z POST OFFICE 0Ox 626 100 S 2nd STREET • RENTON.WASHINGTON 91057 365-116711 n C LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY T fir DAVID M. DEAN, ASSISTANT CITY ATTORNEY TFD SEPjE�O�P MARK E.BARBER, ASSISTANT CITY ATTORNEY ‘194ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY MARTHA A.FRENCH,ASSISTANT CITY ATTORNEY April 9, 1985 R. W. Wohllaib Regional Audit Manager Division of Municipal Corporations Office of State Auditor Legislative Building AS-21 Olympia, WA 98504 Re : Audit of City of Renton Records for 1984 Dear Mr. Wohllaib: As per your letter of April 3 , 1985 , you will find discussed below pending litigation and claims involving the City of Renton, first as to defendant and then as to plaintiff. Defenses 1. Playtime Theaters , Inc. - This case is pending for review before the United States Supreme Court. The ! City' s liability hereunder, should the decision of the Ninth Circuit be allowed to stand, would be for attorney' s fees and other damages under 42 USC 1983. t Playtime' s attorneys have been mentioning figures in the vicinity of $300,000. 2. Clark - This claim is pending as of the end of 1984, but was subsequently dismissed upon motion for summary judgment. 3. Kalk - Covered by insurance. Relates to physical injury suffered by a Boeing worker crossing the road- way in an area normally controlled by traffic signals , but uncontrolled on that day because of failure of those traffic signals . There is exposure for sub- stantial damages to the City, but insurance money should pay all such damages . II Renton City Council 1/21/85 Page three Consent Ageida continued Crown Pointe Hearing Examiner recommended approval with restrictive covenants Partnership of ;Crown Pointe Limited Partnership Rezone Request, File N?. Rezone R-067-84, for +8.0 acres of property located between Monroe R-067-84 Avenue NE and Union Avenue NE on the north side of NE 4th Street, from, B-1 , Business, to R-3, Multifamily Residential Zone. Refer to:Ways and Means Committee. BENAIR Lea e Public Works (Airport) Department submitted BENAIR Aviation Revision request to lease additional property east of blast fence adjacent LAG 004-84 to,main entry of Renton Municipal Airport (LAG 004-84) . Refer to Transportation (Aviation) Committee. Six Year Public Works/Traffic Engineering Department requested public Transportation hearing to amend 1985-1990 Six-Year Transportation ,Improvement Improvemen Program by adding N. 3rd Street/Park Avenue N. and N. 4th Program Amendment Street and Park Avenue N. in order to qualify for Federal 1985-1990 funds for the projects. Set public hearing for 2/11/84. Consent Ag=nda MOVED BY REED, SECONDED BY TRIMM, ITEM 6.f. , PLANNING COMMISSION Amended REAPPOINTMENT, BE REMOVED FROM CONSENT AGENDA. CARRIED. Consent Ag=nda MOVED BY REED, SECONDED BY MATHEWS, CONSENT AGENDA AS AMENDED Approved BE APPROVED. CARRIED. Item 6.f. Mayor Shinpoch reappointed Mr. Robert Patterson, 310 Bronson Planning Way NE, to the Planning Commission for a three-year term Commission effective to January 31 , 1988; Mr. Patterson has served on Reappointme t the Commission since 1982. MOVED BY REED, SECONDED BY% KEOLKER, COUNCIL CONCUR IN THE MAYOR'S REAPPOINTMENT. CARRIED. CORRESPONDE CE Letter was read from Wallace R. Wilson, Ph.D. , Pastor of Porno Movi =s Highlands Community Church, commending Mayor Shinpoch and members of the City Council for deciding to take the Forbes porno case to the U.S. Supreme Court since the case could have considerable significance and positive effect on a national basis. OLD BUSINESS Planning and Development Committee Chairman Stredicke presented Planning anlld a report regarding the Fence and Hedge Regulations, referred on and Develop`ent 10/155/84. Following considerable review and discussion on all Committee 1 facets of the ordinance, the Committee concluded that it is in Fence and H dge the best interest of the general public to continue to regulate Regulations fences and hedges. However due to concerns regarding the following, revisions to the ordinance are needed: 1) Intent; 2) Definitions; 3) Standards which would allow staff to evalivate and approve special circumstances or conditions. Submission of this information to the Committee is anticipated within the next three weeks. MOVED BY STREDICKE, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARiIED. Renton Planning and Development Committee Chairman Stredicke presented Environmental a report regarding State Environmental Policy Act (SEPA) Ordinance Policies and Procedures of the Renton Environmental Ordinance. Adoption of the proposed ordinance •is required to establish local authority over certain elements of the environmental review process. Other elements of the ordinance are mandated by, State rules. The Committee recommended tFiat a public hearing be set for February 4, 1985, to receive public comment on the proposed Renton Environmental Ordinance as revised by the Committee, and the ordinance be referred to the 'full City Council for consideration and adoption. , MOVED BY STREDICKE, SECONDED BY KEOLKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. 1 Traffic Councilman Stredicke thanked the Administration for correcting Modification a problem with mandatory stop at intersection of Sunset Blvd. NE and N. 3rd Street; however, he complained about recently in'st:alled lane-marking buttons on Bronson Way, which are either ignored or cause confusion to drivers. Mayor Shinpoch indicated Traffic Engineering staff is reevaluating the markings due to receipt of numerous complaints. lligh1and8 Community Chuith . The Family Bible Church 3031 N.E.Tenth • Renton,Washington 98056,• 255-4751 Pastoral Staff Wallace R.Wilson Senior Pastor Carl Pfeil • Associate Pastor January 17, 1985 Don Parrott ED Missions JryN Chris Renzelman ~f 21 / C�}Jg Student Ministry 7-Y`OFi lg ss Win Van Pelt 4 Y'JR•SQ l4 UJ� Junior,Junior High and Tape Ministries CE • Gary Balyeat Barbara Y. Shinpoch, Mayor Children's Ministries pity of Renton Municipal Bob Stevens I�M P Building Facilities 200 Mill Avenue South and Visitation Renton, WA 98055 Brian Haskell ........_<>,::::-:t....,.;.< .,...�,... as Music Ministry Dear Mayor Shin pach;; •z.• ;f Resource Staff ` It:.was' with interest th a t�'I read. the :fran a . `ar icl e, a t: • Don Delon , : P ,> < 9in the Daily Record ..Chronicle';which stated<, that the City. Minister to Churches . $: Fltenton :has.:decided to,,.take t< s:F.©xb ;<porr�o Mike Smith Supreme Cen t!` :.Good;;de is and Eva eUsfft';.::'1 , giNs-<;case-<could:hau eons dexable significance and„positive effect on not on as s. • You and the City Council are.to be`"commended for;;your leadership in this area. Thank you. Be assured of our support and prayer. Since ely yours, K.rti f Wa ce R. Wilson, Ph.D. Pastor -W/sm • • • • • • \ ,: ,,,, e , . .,__ fe,V7 STATEMENT REGARDING FILING WITH SUPREME COURT ON FORBES MATTER The City Council of Renton has decided to seek Supreme Court review of the recent Ninth Circuit Court opinion on the City of Renton's adult entertainment zone. I is anticipated that the papers will be filed with the Supreme Court on or be ore February 28, 1985, and that no decision from the Supreme Court will be received before mid-April 1985. To date, citizens ' comments received by the City Council have been nearly unanimous in support of the ordinance and continue efforts to establish the constitutionality of the City's ordinance i n -the courts. . Dictated by Larry Warren 1/16/85. I Ilk Renton City Council 12/3/84 Page three Public Hearing 1985 Budget 1985 Budget Moved by Stredicke, seconded by Reed, $8,000 be placed in and Federal Legislative budget for publication of quarterly City Reports Revenue Sharing in ,conjunction with Park Department program schedules. Motion Funds cont. failed. MOVED BY MATHEWS, SECONDED BY TRIMM, MATTER OF I QUARTERLY CITY REPORT BE REFERRED TO COMMITTEE OF THE WHOLE. CARRIED. Continued Councilman Trimm opposed increase in water and sewer rates, decrease in garbage rates, and the utilization of Federal Revenue Sharing Funds for purposes of salaries. Uponlinquiry, Finance Director Mulcahy advised inclusion of a mail stuffing machine in Finance Department budget. Councilman Stredicke indicated that although the budget was one of the best ever provided by the Administration, he would oppose its adoption due to salaries proposed for top level positions. MOVED BY HUGHES, SECONDED BY KEOLKER, COUNCIL CLOSE THE PUBLICIHEAR1ING. CARRIED. MOVED BY CLYMER, SECONDED BY KEOLKER, COUNCIL ADOPT THE 1985 BUDGET AS AMENDED INCLUDING REVENUE SHARING FUNDS. CARRIED. ROLL CALL: 5 AYES: HUGHES, KEOLKER, REED, MATHEWS, CLYMER. 2 NAYS: STREDICKE, TRIMM. CARRIED. (Total amount Budget Adopted of budget including expenditures and receipts: $53,005.316.) Continued Mayor Shinpoch indicated the new budget includes funding for six ''new firefighter positions which will enable reinstatement of: the aid car in the Renton Highlands. Also reflected is a $800,000 return to Renton citizens resulting from utility tax reductions. Councilman Reed cited a problem encounteried by Council committees when discussing a matter proposed for public hearing. The Committee feels constrained in making a recommendation prior to the hearing. Mayor Shinpoch explained Committee members are entitled to express an opinion on matters reviewed by the Committee, and are entitled to reserve the right to support funding of plans, etc. during budget review. Continued Councilman Clymer spoke in favor of employees' wages, noting the community is better served by employees who take pride .in jobs and provide good service, rather than by dissatisfied employees whose morale is affected by wage cuts and may not provide service of the same standard. AUDIENCE COMMENT Chuck Slothower, 517 South 17th, Co-Chairman of Citizens for Fla time Court a Quality Community, asked for information regarding the Case City's next step in the Playtime lawsuit in view of recenij, decision by Ninth Circuit Court of Appeals. -He noted high level of support still exists in the community to prohibit adult movies in the location of Mr. Forbes' theater. Mayor Shinpoch advised the the Ninth Circuit Court has remanded the matter back to Judge McGovern, and Council will be discussing the subject litigation privately in executive sessionithis date. Centron Co p. Ray Gervais, 506 Windsor Place NE, referenced HearinglExaminer SA-099-84 decision on Centron Corporation request for site approval to Roadway allow 264 apartment units on an 8.4 acre site near Edmonds Configuration Avenue NE and NE 4th Street (File No. SA-099-84) . He noted the proposal specifies extension of Edmonds Avenue NE from NE 3rd to NE 4th Street, and questioned whether the City plans any traffic revisions to prevent speeding (noting high vehicle speeds observed on Edmonds Avenue NE in the past) : Mr. Gervais suggested changing the roadway configuration to exit on NE 4th further west. City Attorney Warren advised conformance to site plan approved by Examiner is required unless the matter is appealed within specified periodi (12/5/84) , and Mr. Gervais, as a party of record, would be notified 'f an appeal is filed by the developer to the City Council . ) Mr. Gervais concluded by commending the City for the fine service provided by the Fire and Police Departments. Traffic Signals Larry Vickers, 13419 SE 125th Street, owner of property at 362-304 Wells Avenue N. , complained of unsynchronized' traffic signals throughout the City, and reported traffic moves faster and smoother during power outages when signals: are inoperable. He cited problems with new traffic revision at intersection of N. 3rd Street and Sunset Boulevard NE with traffic backing up in center lane since left turn lane OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON Z POST OFFICE BOX 826 100 S 2nd STREET • RENTON, WASHINGTON 98067 266-8878 INIAL oA �� LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY p9 �Q DAVID M. DEAN, ASSISTANT CITY ATTORNEY q). SEPIEM MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY March 31, 1986 MARTHA A. FRENCH,ASSISTANT CI rY ATTORNEY TO: Dan Clements, Finance Director FROM: Lawrence J. Warren, City Attorney RE: City of Renton v. Playtime Dear Dan: Please find enclosed Barrett Prettyman' s bill for services on Playtime for the month of February, 1986 . A fair amount of the bill is attributable to calls to tell the City of the successful result and getting a copy of the decision to us the same day. If you have any questions , please let m now. Lawrence jAarren LJW: nd Encl. cc: Mayor i I Renton City Council 3/24/86 Page five New Business continued Renton Loop described experiences with 911 representatives, and felt her continued calls had been unsuccessful . Mayor Shinpoch agreed to contact Valley Communications Center to determine how calls to 911 reporting cruising violations are being handled. ADMINISTRATIVE (Notification was received this date that Pl�,y, ,Lme_plans, to request REPORT reconsideration of the Supreme Court decision regardingl adult theaters. Playtime Cou t Case YYYY Specialty Restaurants will soon replace the restaurant operation Airport Restaurant at the Renton Municipal Airport. Further information will be supplied upon receipt. AUDIENCE COM1ENT Kathleen Jett, 583 Kirkland Avenue NE, asked if the option of Renton Loop providing youth with a legal cruising area has been considered. Response by Mayor Shinpoch indicated that the suggestion was reviewed and discarded by the citizens committee two years ago since cruisers prefer cruising in their accustomed area and not in a structured environment. Renton Loop Sandy Webb, 430 Mill Avenue South, expressed dissatisfaction that his suggestions for mitigating cruising problems were not referred to staff or Council committee for review., ADJOURNMENT; MOVED BY STREDICKE, SECONDED BY MATHEWS, COUNCIL ADJOURN. CARRIED. Time: 9:26 p.m. F MAXINE E. MOTOR, CMC, City Clerk Recorder: Marilyn Petersen - I • 1 t 3 n'llY#041& Renton City Council 3/3/86 Page two Audience Comment continued. ; Loop Activities amount of neighborhood support to eliminate the loop problem, Mayor Shinpoch suggested that he serve on a citizens committee, which others have expressed interest in forming, to study solutions to this community issue. . Mr. Dineen agreed to serve. Playtime Court Judge Gerard M. Shellan congratulated and commended ;the City Case I on its recent milestone victory in the U. S. Supreme Court. He expressed appreciation for perseverance in engaging in the long court struggle, and extended special thanks toCity Attorney Larry Warren for a job well done. Valley Rezone On another.matter, Judge Shellan requested advancement to the Planning and Development Committee report on the Valley Rezone. He commended staff for their work, but objected to rezone of a 50-foot by 100-foot lot located on Sid'43rd. Street ' to the Manufacturing Park zone due to the development constraints of that classification. Instead, he supported retention of 'B-1 zoning on small lots. He felt that M-P zoning should be applied only to larger parcels of land, and disagreed with the theory that owners of small lots should buy each other out since each lot is entitled to proper zoning. Moved by Stredicke, seconded by Keolker, Council suspend the regular order of business and advance to Planning and Development Committee report. Motion withdrawn after determination to allow audience comment on other matters prior to lengthy discussion predicted on the Valley Rezone. Loop Activities Larry Vickers, 13419 SE 141st Street, owner of property at 302 and 304 Wells Avenue North, asked that the cruising task force address the problem of commuters. being diverted from their home route by police patrols blocking traffic on certain streets. Playtime Court On 'a second matter, as a member of the Citizens for a Quality Case Community Committee (CQC) , Mr. Vickers commended Mayor Shinpoch and members of the City Council for their supportive action to the citizens on the Playtime court case. Playtime Court ! Gwen and Francis Smith, 1724 Jones Drive SE, co-tresurers and Case !charter members of Citizens for a Quality Community formed in ! January of 1981 , submitted a 'check to the City representing the ! remaining"balance of the CQC contribution fund to be credited jtowards the" City's accrued legal fees. 'Mr. and MrsJ ".Smith presented the check in memory of the Fate John Quinn, one . . 'of CQC's most active members. While the check is alsmall tt0kenf appreciation, they noted that it is given with a . large amount of gratitude. Upon inquiry by Mayor Shinpoch, . City Attorney Warren indicated that since the case is now completed, the contribution. can be legally accepted. Mayor Shinpoch commended the CQC for its cooperation, thoughtfulness, and sophistication 'in reaching a common goal with the City. The Smiths thanked each•member'of the Council , City Attorney, Mayor Shinpoch, Kathy Keolker as founder of the Committee, and. Chuck Slothower"'and Carolyn Yahudi who replaced her as officers of the Committee. Mayor Shinpoch described overwhelming responses from the news media, other cities, legislators _and citizens when the U.S. Supreme Court decision upholding the City 'of Renton's zoning ordinance in the Playtime Court Case was released on 2/25/86. . For the record, she praised City_ Attorney Warren for his complete honesty in apprising the Council at every juncture of pitfalls, potential action, and litigation costs; and giving them the opportunity to decide whether to continue. She praised Mr. Warren for earning the confidence of the Council and staff, and stated that she is personally honored to be associated with him. Congratulatory cards and letters received on the matter, were .entered into the record from: Sally Wright, 12621 SE 158th, 1 Renton; ' Luella Evelyn White, 23480-120th SE, Kent; Nan Campbell , Mattie Timm; Theresa and Jim Zimmerman, ' 813 'North First, Renton; . L., J. Carson, 24009 104th SE, Kent; Barbara I•selin, 15117' Woodland Drive, Lewiston, New York; Pat Thorpe, 1215 Fourth Avenue,, Seattle; : ',, I , I. I Renton City Council 3/3/86 Page three l Audience Comment continued Playtime (Court June Leonard, 11th District .Representative; and Robert F. Logue, Case ' conitinued Dean of South Seattle Community College. Playtime (Court Kathleen .Jett, 583 Kirkland Avenue NE, thanked Mayor; , Council , Case City Attorney and citizens groups for their .effortsin assuring th Playtime victory. Referencing earlier commentslregarding Loop !lActivities ' the loop, she offered to serve on a citizens committee to study possible solutions to the problem on behalf of the entire community. 1 Playtime Court Sandy Webb, 430 Mill Avenue South, offered congratulations for Case i the Playtime landmark decision, which he said did more than"the Boeing Company in preserving a place for Renton on the national j map. He then shared his personal views, on why he thought Renton would lose the case, and claimed that as a result of winning, another building will become vacant in downtown Renton and the judicial right of free expression will be eroded. I Loop Activities Ruth Larson, 714 High Avenue South, President of Renton Hill 1 Community Association, read an anonymous letter from a resident i of Renton Hill suggesting that regulated traffic signals be reinstated through the downtown area to deter cruisers. Mrs. Lincoln Properties Larson also reminded Council members that the emergency access Landscapiing area at the Lincoln Properties development on GrantlAvenue S. has still not been landscaped as required by the City, noting previous explanation that the developer must wait for appropriate i planting season. I Advancement to MOVED BY KEOLKER, SECONDED BY MATHEWS, COUNCIL SUSPEND THE Planning land REGULAR ORDER OF BUSINESS AND ADVANCE TO PLANNING AND DEVELOPMENT Development Report COMMITTEE REPORT ON THE VALLEY REZONE,, CARRIED. Planning ,and Planning and Development Committee report was read indicating Development that the Committee had discussed two unresolved issues associated Committee' with the Valley Rezone': 1) appropriate zoning for wetlands and Valley Rezone open space areas; and 2) designation of Manufacturing Park (M-P) for small or substandard building lots. It was the recommendation of the Committee that the Council approve the portion of the Valley Rezone unaffected by these two issues as presented to Council by the Planning Commission. The Committee was unable to reach an agreement on the two unresolved issues. ' Therefore, each Committee member submitted a separate minority', report to the Council . j i Minority Report - Councilman Reed supported rezone for the majority of the Valley, Councilman Reed but did not support rezoning the 20-acre wetland owned by the City from G-1 to M-P. This property was identifiedin the Wetlands Study as the second most valuable wetland in the Valley and is necessary component of the City's wetland mitigation requirements. The following Valley Comprehensive Plan policies are relevant in this context: The City's 1981 Wetlands Study should be used as a basis for establishing the priority of wetlands for acquisition and/or protection. All City-owned wetlands and natural areas should be managed for wildlife habitat until such time as the City may decide that public benefit would be served by acquisition of other lands of equal or greater wetland value.' I In Mr. Reed's opinion, the property ought to be retained as wetland, and a rezone gives the impression that the, City. has other intentions with regard to this property. In the area between Grady Way and I-405 where the bulk of the small lots are, he felt land use policy was clearly defined inithe City' s Comprehensive Plan for the area. He wants to see the area upgraded and developed with quality business and office uses, such as Cummins Diesel has done with large setbacks' and landscaped areas. He does not want haphazard, incompatible, and fragmented development on substandard lots which under- utilizes the land and` contributes to strip commercial development. The City ought to be encouraging aggregation of these small lots into larger, more productive parcels. The existing zoning does nothing to encourage aggregation, and, in fact, promotes the kind of situation that currently exists. 1 1 ( y CITY OF RC'd0'. ^ 'I ttq!! MAYORS OFF CE Brim,WILSON & Co..INC. MEMBER NEW YORK STOCK EXCHANGE,INCORPORATED 2100 UNIGARD FINANCIAL CENTER 1986 1215 FOURTH AVENUE SE(206)3 W2-3830 1 (206)382-3830 S CAPITAL MANAGEMENT TEAM RUSSELL N.WEIMER • PATRICIA M.THORPE FIRST VICE-PRESIDENT FIRST VICE-PRESIDENT • February 26, 1986 Mayor Barbara Shinpoch City of Renton 200 Mill Ave. ' Renton, WA 98055 Dear Barbara : - Renton makes ,the big time news! Did you ever suspect, when , you "coffee klatched" for school levies back when, that you would some day lead the pack all the way to the Supreme Court? Over dirty movies.yet? From the Record Chronicle to the New York Times: Seriously,. good ,job, good leadership - congratulations! Now, what's'next? • • Sincerely, Pat Thorpe jl _ • it • • • • High Court,Backs Use ofZoning. . ,NIGH "COURT BAC ' TORegulateShoujing ofSexFilnis . ZONING..- ,..-. . . OUT: SMUT ,1 . , . . . • . , ........, . By,STUART-TAYLOR Jr. • • :, _ .. . . ' i special io the New Yo;k:Times Continued From Page 1 .WASHINGTON, Feb. 25'',=The Su- .William H. Rehnquist wrote'for hiln-" preme Court held today that local zon= self and five others,it does not require graphic materials that."subordinate 'mg officials have_broad powers to re- zoning under which they"will be able" womeli" as a form of sex discrimithe . strict the location of movie"-theaters to obtain sites at bargain prices:" - - ; tion, the"Court 'reaffirmed-that the howing,sexually explicit films-. : "First Amendment protects.,most, sex- On Monday,,ill striking down an Indi- . • Extending a'_1976 decision that""al- •ana lis; law."that .;outlawed. Porn-6- • _suppr'explicit materials from'outright" lowed Detroit to prevent,-"skid row" . Po Po suppression:. " : concentrations of adult theaters'by dis- "Continued on Page 13,Column 1 Tision, ruling is consistent with that - petsing them around the city,the Court ' " - decision,but it also reaffirms that the tined that a town may limit such thee- . -Court affords-sexually"explicit niateri- !! hers to a small area away front homes, . ": ` - ' els less protection than other,kinds of 1 acan•.•,• • x� • 'schools, churches and'parks.- z speech, especially political speech.- The Justices announced several i . '" The Co•urt reversed"a Federal'appel other decisions'today, including their i �" �,� ` late decision•that struck.down.the.zon= ruling that states cannot require utility � i :: :A ing ordinance_as a violation of the First companies to include in their billing en- ' ' - Amendment rights'of the owners"of two ' I/elopes the messages-of groups with i • �,� F sG{ 1 theaters�in. downtown Renton' "who which they disagree. [Page 13.] I; ,t,, :. wanted;to show" feature=length Adult !, Limit on Protection Reaff1rmed i y •K,�-" ."• 9 films:• 1 • xr � t�. The city's pursuit of its zoning inter-I I In the sex movie ease,the'seven-Jus- ;' �e .g ',' �. . est's here`was unrelated to the:suppress - lice majority rejected arguments bya ! ;. ,, 6'= �:.. t L xP ., �:,: f ,G sion"of free a ressi e "Justice.Rehn- theater.owner that the zoning ordi- _> ,~< ;i- s.n:.'i ;� z • x s r guist'wrote."He added that "the ordi- nance in Renton, Wash:;might e tic- f ; 'gh ff lik z 7 4 • nance by its-terms is designed to pre- ' tively"ban adult theaters altogether by i , fi # vent"crime;protect the city s:retail restricting them to an industrial area ,'� .." • ." %°. o m trade,-Maintain toain property.values'.'.'and here no"commercially viable' sites K g» " " urbail lly tcj protect "the quality" of { urban life." were available. - '.•. ;��G,..:. •..• s z :^"� He said the ordinance was not • While the First Amendment guaran •Gs .,�r� ,,,' . "aimed"at the content"of the films or , tees.sexually explicit entertainment fa e0 .£" designed to silence unpopular views," cities "a reasonable opportunity to , but was concerned with"the seconds -open-'" and operate," Associate Justice �, ters theBury- roends ofc it num ''includin harm. i HAS THIS COPY OF THE TIMES delivered to you? '''''-, '' ; " , a - t0 childrgen and"neighborhood blight:" W • me'and Office delivery is available in many U.S.cities. Assec�a[ed Ptess - Two Justices Dissent ' Get details by calling toll-free 1-800-631-z500.—ArnT. . Associate. Justice. William- H. ," . B• Associate Justice William J. Bren- "THE FIRST OFFICIAL SPECTATOR'S GUIDE TO Rehnquist, who- wrote majority nan Jr:, :joined by Associate Justice 1 ' •One Lap of America by Brock Yates is The Sunday Opinion in zoning case. . - Thurgood Marshall,.dissented, calling i Ne York Times on Apn1 27. Advertising details •ey _ zlasss alca—AnvT. r the Renton ordinance "plainly uricon- i 'stitutional." . The ordinance"selectively.imposes "limitations on.the location of a movie • theater based exclusively on the con- . . tent of-the'films shown there,"Justice Brennan said:He said its language',-his- tory-and effect-all showed a design""to "suppress the content of adult movies". - because residents were offended by them. Justice Brennan said the notion that the zoning restriction was necessary•to -prevent neighborhood.-blight was "a "purely speculative conclusion," -un- 1 supported,by evidence.and.used as a _ • "pretext."He'alse disputed the majori- ', " ty's assertion that the ordinance left a i - reasonable opportunity for adult thea- - ters to operate. ' . . Associate Justice Harry:A. Black I j mun voted with the majority in;the' "case,City.of Renton v.Playtime Thea -.. tres(No.8441360),but he did-not join in Justice Rehnquist's opinion.He did not .explain. - - - 1 I guess it's time 1 -sys _ pe) for another feather for your cap. ())); y 1 r Q Congratulations! I • Ho 140! BIRD WIT TM So intelligent, a type of brain is named after it. C-016494 Ta115 ©MCMLXXXIII RECYCLED PAPER PRODUCTS,INC. yomwin! Chicago,Illinois Ol ALL RIGHTS RESERVED Canada 1.25 ,,,,JUSA-.85 TM—A Trademark of Recycled Paper Products ` /2 9P When God blesses the people we love, there is good reason to rejoice with them over His grace and kindness. -The upright shall have good things." Prorerhs 28:10 ejoicing With You ,. \N, .,, 41111 Lill,1114 ._ .-,., itcataceite 4yazt4:54 , , . • -4101011.r- • f ilVig MAR 3 1986 100PR639 T©MCML%XRV,MORNING STAR MINNEAPOLIS,MN „"`""'"" MADE IN USA 411.271-6397 MORNING STAR• IN CANADAS130 M1 1sZ\r-) pg, gs CFFIC= EMEI ç 'n , J -c_Q1753(Q . LJ! . ,(,_: .1 .-'- '1 '. ';-'' C260 5 - '- ----R 3 1986 ' zL-,,,\T--Tir . alob Z-- -c (cuarlDooilf cf_Ar-,„1/4__ , tt ' _ a'utii. 1%,Lr .4, NiTzxtAL)t,L,6- 0 c -eiL(__ L,1„) , iii,, j ,,c,.9,_ 0___ -1)LA) 8-kc./(&-o-Y -). ' (:),\J jo-\. ___ 05L____ c)A.)z____, t.. cl co-u.)\_) c--6)-niar\to-or\_2 E,i(N. L 'ti4-'*-u t I)) akliuz___ cunc9--. DA-L-- ,p9itcQaQ,g- tc) %b?-'‘ , A- . - c\tuccL j9cg „.5,LA )1/-\_ _____,,,_, clida:,,,„)±-zav . LT----N2_90 ,,,f -u, ----- ,) , QA.,,__. - urrliirvi:9 mi- - , i, ,iry3 , r c,i-vi-s2-8-- ---i j{ CITE G fcN`iC e I l P:t Y0'S OFFICE J, 3Vt)(S5 February 27, 1986 MAR 3 1986 Mayor Shinpoch Renton As I am not s resident of Renton, perhaps I should not make a suggestion about your "One-way underpass", mentioned in OPINION'S editorial of February 18th in Valley papers. I was amused one day when awaiting our turn to drive thru, the last car coming from the opposite direction wished to make a left turn and my driver had to back up to allow this. Instead of enlarging this, why not keep it and make it a Tourist Attraction? Traffic in a rush could be diverted to one side or the other, or perhaps one-way on each side. L. . CARSON 24009 - 10f Ave. S.E. KENT, WASH 98031 Congratulations on your Supreme Court victory ,..in the anti-porn theater case. itralfcgtg bvi „e if Barbara Iselin NIAR 3 14 44 5117 Woodland Drive �f! Lewiston , New York 14092 26 February 1986 //� i Honorable Barbara Shinpoch , yor Renton , Washington Re : Zoning Restrictions on Porn Houses Ruling Dear Mayor Shinpoch : Our local paper reported in today ' s paper the U . S . Supreme Court rules that Renton and other communities may use zoning laws to better control porn houses . I commend you and your community and others for pursuing this matter . I feel so much needs to be done and this ruling is good sign and a start . I � I have decided to stand up and be counted and start taking a stand . Yesterday , I sent a letter to our paper protesting a sexually suggestive ad promoting a health spa . I am so fed up with this type of advertising . Again , congratulations and keep up your hard work ! Very truly yours , Barbara Iselin � I I I � I I I . I I • ti;Eirivv,177.zej Li JUNE LEONARD ?441 ELEVENTH DISTRICT �.'f` e;, 12444 BEACON AVE. SO. FEB yl_ • SEATTLE 98178 U L. 7 195E li= 4,1 HOUSE OFFICE BUILDING w OLYMPIA, WA 98504 k,iAy o'° (206) 786-7978 House of Representatives STATE OF WASHINGTON February 26, 1986 OLYMPIA The Honorable Barbara Shinpoch Mayor, City of Renton 200 Mill Avenue South Renton, Washington 98055 Dear Barbara: Congratulations on the U. S. Supreme Court ruling upholding the Renton ordinance which restricts adult movie theaters. I am pleased that our town has won its own battle, and I congratulate you on your efforts. The headline I have in front of me reads "Adult theater ruling helps cities draw line. " It is nice to represent a City that is leading the way for other communities ! With best wishes, Sincerely yours, • 'ti e Leonard :be 6 7/1/.6p4,,v‘41f • 1 li FORTY-NINTH LEGISLATURE 1985-86 COMMITTEES: VICE CHAIR, CONSTITUTION, ELECTIONS ÐICS i NATURAL RESOURCES- •SOCIAL & HEALTH SERVICES SOUTH SEATTLE COMMUNITY COLLEGE 6000 Sixteenth Avenue S.W. • Seattle, WA 98106• (206)764-5300 .; Jerry M. l3roclsey, President .;�. rra February 26, 1986 FEB 2 7 1986 The Honorable Barbara Shinpoch Mayor of Renton City: Hall Renton, WA 98055 Dear Mayor Shinpoch: Please accept my congratulations for the victory over pornography. �I Reports that I received noted that Renton was extremely well prepared both, politically and legally. I think it is a great victory for the great people of Renton, and I for one would like to thank you and all those folks that worked so hard for so long to protect us. I am' sorry that I could not make it to your victory party as I had a I' second meeting already scheduled. I am enjoying my time and efforts on the Renton Park Board. It is rewarding and enlightening for this old Renton resident. May spring and summer bring you all that you wish. Sincerely, Robert F. Logue, Dean Student Personnel Services } RFL:heb SEATTLE COMMUNITY COLLEGE DISTRICT•Donald G.Phelps,Chancellor BOARD OF TRUSTEES:Philip L.Burton•Rhonda Hilyer•Tomio Moriguchi•Lee Pasquoiello•Art Siegal NORTH SEATTLE COMMUNITY COLLEGE•SEATTLE CENTRAL COMMUNITY COLLEGE•SOUTH SEATTLE COMMUNITY COLLEGE . RECEIVED igilk JUNE LEONARD � �, ELEVENTH DISTRICT FEB 2LI House of Representatives STATE OF WASHINGTON OLY[MPIA February 26, 1986 The Honorable Nancy Mathews Council President City of Renton 200 Mill Avenue South Renton, Washington 98055 Dear Nancy: Please convey my congratulations to the City Council and to the many people who worked for your recent victory in the U. S. Supreme Court ruling. It is pleasing to think that this ruling will benefit Renton, and that our City will then be leading the way for other communities. I am proud to serve as your representative! With best wishes, çLeonard ' erely yours, (1 JL:be 1 /Lliff41A-"1.1 FORTY-NINTH LEGISLATURE 1985-86 COMMITTEES: VICE CHAIR, CONSTITUTION, ELECTIONS & ETHICS „NATURAL RESOURCES SOCIAL & HEALTH SERVICES 1 CENSOR SHIPDI MSEVER Y V IS I O NOF DEM OCR AC Y PROTECT YOUR RIGHT TO READ Washington Coalition Against Censorship 1720 Smith Tower/Seattle WA 98104/(206)624-2180 tLIi ,i3i '' , RAMS OFF;Cc n 11) _ LEElgoviE li MAR' 3 1986- on , / • --- ------ ---- Renton . . . P • Continued from page Al to her white blouse,occasionally lost against the theater as a private free on Christmas Day. That was Renton's lone dark spot her usual composure.She pronounc- •citizen, said'she never wavered in In a dark red house with green 1 Tuesday.The Supreme Court,by a 7- ed herself"elated and euphoric" at her feeling that the city was right. trim at 321 Morris, warehouseman ' 2 margin, sided- with Renton on the decision. Tuesday evening, she Keolker,who was elected in 1983, Todd Matetich said he was neither virtually every legal point in the hosted council members at her said, "People should have the right sad nor'glad to see the theater close. dispute. home for a round of cold cuts and a to say where businesses go and how "I was never hassled by,anyone Warren said he was not surprised glass of champagne — at her'ex- their communities will grow." there and I don't see a lot of by the victory, although •he was pense,she said. There was -no such unanimity scummy, streetwise people pat- surprised at the margin. The Sup- "The council deserves the credit," Tuesday along Morris Avenue ronizing it," he said. reme Court, which had heard the she said."For four years they fought South, a quiet street of mostly But his wife, Barbara, who is a 1 city's appeal from 'a U.S. Circuit this battle and did not go out on the wooden single family homes that courier for the Puget Sound Multi- Court of Appeals ruling, "does not lunch circuit and make public pro- lies just west of the Renton Theater. ple Listing Service, contended that usually take circuit court decisions nouncements. They didn't treat this ,A pair of married couples—one on the end of the Forbes era could mean to say, 'Good job,' " Warren said as a sideshow or a political con- teach side of the street—sounded at new life for downtown Renton. with a grin. veyance." times like debating societies. 'Inside the theater's maroon-car- ' But he'told a news conference of She said that she and the council "I'm not too happy with it (the peted lobby, meanwhile, a ticket , mostly television reporters that he never had any second thoughts ab- -decision)," said 44-year-old Bill taker pronounced the court's deci- had been a little nervous the day out their course.But if officials had Grosso, a member of Local 1797 of sion "OK." before, after the high court tossed known four years ago that the case the Carpenters and Millwrights'Un- «All zoning is like this," said the out an Indianapolis law that allowed would cost more than a half million, ion and a resident of 322 Morris Ave. ticket taker,whorefused to give his self-proclaimed victims of pornog- she said, "I'm not sure how things S."I think people have got the right raphers to sue on the grounds of sex would have gone." - to do what they want without others name. "You can't really build any discrimination. President Nancy Mathews proc- telling them." thing, anywhere you want to." "There were major flaws in that laimed Tuesday's decision a victory His wife, Barbara, 28, said she The theater itself, its white mar- (the Indianapolis) approach," said for all cities and towns nationwide. would be glad to see the theater shut quee bearing blue, red and green Warren."It transferred police pow- `I would much rather have been down and that she would like it to trim and lighting,promised its stan- ' er from the government to citizens. able to spend money on other become, once again, a place where dard triple bill:Doing It,Good Girls, "But I don't think it (Monday's amenities,"she said."But there was kids can go see movies.She recalled Bad Girls and Country Comfort. An decision)made anyone rest easier," no price tag on principle." the theater's pre-Forbes days,when indoor billboard advertised the lat- he said. Councilwoman Kathy Keolker, it showed mainly general interest ter movie as"an erotic movie of lust Shinpoch, who wore a medium' who had helped kick the issue off in movies that featured large doses of and desire at a backwood farm at the gray suit and had pinned a red rose 1982 by leading demonstrations Walt Disney and would let kids in for end of the Civil War." - i Re"niton s porno theater bAttle�enters Frouna movies has shrunk 50 percent in the organized the 'non -court fight By TONY DAVIS past five years, a claim backed up.by against the theater, contend that the Staff Reporter others familiar with the adult thea theater's poor business and the resi "r the case of City of ter business. He claims `to barely dents' vigilance have kept it from As a legal issue, Y Renton vs. Playtime Theatres Inc. break even on a, gross of $2,500 a being a bigger problem. • could et a national precedent for week. The people.have not accepted an E. `garrett Prettyman -Jr. is a c0 their Even -Renton City Attorney Larry X-rated house in downtown, said heavy -hitter Washington, D.C., at- the ability of cities to use X-rated thea- Warren concedes the theater has not Slothower, an engineer for The Boe torney who wilt stand before the yV. zoning powers against X r s community problem, in Co. and an 11-year Renton resr < ters: been a serious Y P g U.S. Supreme. Court Tuesday re- man residents feared it dent. "If they had, if they were not presenting the City of Renton in its - �- - , -"< • As a :moral nuisance and as a which y theater that is the would be when they started picket interested in the community, it g Playtime Theatres, - business, the adult the case against subject of; this case has not lived up ing it in January 1982. Warren did, might have B.S.," way." Inc. See page A3. < t , subl .,,o.,o, , h;rP fn„r incidents from That's B.S. ,, replies Forbes, now p� 3 and onetime Renton,pol.ice department files that a Hawaii resident w io w as in Me N .. 1} On Tuesday, the city PRIEM emmed from the theater. Bellevue office of his attorney, Jach Lawyers who have stood both l adult theater king Roger Forbes wrll st om lained of Burns, last week. "It's doing.. the T S H id one woman c p with and against him in battles over r 3 < > take their $800,000 battle to the .. Supreme Court. A 4-year-old city a sa a man accosting hey nd her daugh- ter and asking amount of business we'- anticipated, given the climate for X-rated thea topless bars and ;adult movie houses say Jack Burns is one of the ordinance the location of theatres within 1,000 feet of ter in front of the her if she'd likes' o watch dirty tern, All the things they ecntended best First Amendment lawyers in firs Ek 7LOU adult schools, churches, parks or homes movies. Anothe}+;.k male asket e,' he said, a omen near`the just don't happen to be true." Forbes, 43, says the only reason Y Y the Pacific Northwest and one of the top 10 in the country. See page A3. — -- - - - - will be on trial for perhaps the time. patron theater if she'd likeKto have sexual ,, the theater remains open today is ' the court case and the $300,000 to X-rated movies continue at Renton Theater But the question that launche this case — the effect of Forbes' intercourse. In a third case -- the only time $400,000 in legal -bills it has cost him. The City of Renton expects its legal 0 Opposing legal briefs in a court like two sides of a mirror: A Renton Theater on the community has become almost a moot point. police were able to arrest anyone — the theater complained that a cus- fees will total about $500,000. case are summary of some of the major The theater's business is terrible. tomer with a bottle of booze in one and a marijuana joint ' the Once the owner. of 11 adult theatres in Washington, state, he has issues from the City of Renton andr. playtime Theatres; 'Inc., briefs `por- The wave of X-rated videocassettes has swept the nation since the pocket other pulled his pants down inside pulled out of all but this one. He trays their different approaches to that start of this decade has drowned the doesn't even own the Renton theater anymore, having given it back to its the controversy. See page A3. Staff photo by JIM BATES Forbes. He says the market for X-rated ar f e Renton c tizens' group that he that See BATTLE, page A3 `Heav -hitter' carries �, Y � � � � When f it comes to First Renton's fight to the Amendment -lawyers,_ `court of Fast resort' flew better than burns ..� By CLYDE WEISS B TONY DAVIS Washington Bureau a g Staff Reporter WASHINGTON - It was 1962 and 1,113 prisoners He has the matter-of-fact style of the accountant he of President Kennedy's ill-fated Bay of Pigs invasion once studied to be while in undergraduate: school. He sat in Cuban jails. It was E. Barrett Prettyman Jr.-- to Gi is a fan of spy novels who says; "I read to.,relax." whom Kennedy turned to help arrange their release. And sa la y wyers who have stood both with and "They did not want to have it appear this was a against him in battles over, topless bars and adult government operation to get them back," recalled r� movie houses, Jack Burns is one of the best First Prettyman, a heavy -hitter Washington, D.C., attorney M,) Amendment lawyers in the Pacific Northwest and one who will stand before the U.S. Supreme Court Nov..12 = °, � � ��r of the top 10 in the country. representing the City of Renton in its case againstA W On Tuesday, Burns will representRoger Forbes and Playtime Theatres, Inc. his Playtime Theatres, Inc., befor-e,the,U.S. Supreme Prettyman, a former newspaper reporter and son of a a Court in Forbes' battle with the City of Renton: He will a former U.S Court of Appeals judge, found himself in be arguing against E. Barrett Prettyman, the blue the `midst of an historic adventure when Kennedy; chip Washington, D.C., lawyer that Renton has hired placed him in charge of arranging for the transport of and who has argued 14 previous Supreme Court cases. $53 million worth of "Burns is a good food and drugs to Fidel' lawyer„ he's prepared, : " Castro in exchange for he knows the law," y f Pigs pris y e h k« the Bay o Larry w ' :� nton ciOf ty, attorney who o The task" �- F 3 nearly was argued against Burns y t disaster. R p E, I � �' - °: � wh as the ,.case wound Q. Because of the tax '' °' .� through the lower breaks companies re courts. `But I would be Q d f i ceveor donating wz g to 01worried, if I were he, .z the cause, Castro was ;. r simply because this is a going to ,wind up. with tough case' and: he is . a if ,lankcpt .,, inaddi ". going a main tion to the "good stuff" r g g P against one of the. best. being offered for the Burns has success - prisoners, Prettyman a fully, represented �, i recalled: "� ��. clients in two previous Castro found out ab- up has. never acases, 4; �zl " Supreme Court, out the cargo and'or- butrgued the Junk ,left E. Barrett Prettyman Jr. p , - one in court himself behind,' but Prettyman- until now. He said last Jack Burns discovered it was too late — the cargo already was week, however, that the prospect of going up against being loaded onto the ships. Prettyman n him, ; P y an does not concern - . n a s "He's certainly coin etent, but he has, to take: the mission to iron things out with Castro before the 4" case as he finds it, Burns said: "Factually, the record "junk"arrived; and he found himself sitting with the y> is as good as we could ask for. If you have competent Cuban". leader in the home of the late Ernest {. counsel on both sides of the case, the merits will win Hemingway. out.>, "I frankly did not tell him a lot," the attorney k � sr Burns, who has been representing adult businesses ,conceded and thesituati n remained o tense as Pretty- like Forbes. since 1976, claimsan eight -for -eight man returned with Castro to the docks where the record until now. Besides the Renton vs. Playtime American ships had arrived: h What they saw astounded them both.' case, he has one other adult -related case still unde- cided — a challenge to the topless dancing ordinances "They unloaded more baby food than I ever saw in u of King, Snohomish and Pierce counties that now my life," Prettyman said. Castro, anxious to feed awaits a U.S. 9th Circuit Court of Appeals decision. country, was esctatic and gave the order for PP :. In 1980, he was an attorney for the winning side in a prisoners to be released the next day despite the ji4 U.S. Supreme Court case, concerning a state moral cargo still to be unlo See HEAVY -HITTER, page A4 In January 1983, residents picketed after city was blocked from closing theater aded. staff file photo nuisance law. See BURNS, page qa t Y b Legal, briefs: Gettn �,to the heart of the Renton-Forbes,ar ument History of the i 9 � ;g y dispute legal briefs in a court case are like two "But . an adult theater draws customers from own justification ,ifor restrictions that are of Here is a chronology of the major events in the Opposing 1 a sides of a mirror, and those in City of Renton versus long distancess p between adult theater ownerRoger Forbes Ro; so that there is no need to be located at' completely differelt kind than those of Detroit and dispute g Playtime Theatres Inc. are no exception. The city's the epicenter of commerce. Here, the set. -aside zone is impose 'a significantly more substantial burden and the city of Renton. w on , brief portrays:the case as that of a government trying only a short distance from downtown Renton." First Amendment protected expression," ■'April 13, 1Renton City Council passed an ordinance y p g P forbidding the placement of adult theaters within1,000 feet of a earnestly to protect its citizens from theAFne ative impacts of pornography without stepping oii`constitu r church, park or residence The ordinance also forbade putting tional.rights. Playtime's brief portrays a city bent on 3. Renton (on its motive for passing the ordinance). 2. For adult theaters closer than a mile from a school. A year later the" Forbes, on the availability of adult theater spots in ` city reduced the required distance -to 1,000 feet. keeping adult movies out of town for no reason other "By requiring that there be no element of illegiti- the zone Renton setaside for them. than a dislike of their content. mate motive whatever to the le tslative rocess, the ■ January' ts82. Adult theater magnate Roger Forbes „ g P "A motion picture,.: is a people -oriented business. bought the Renton Theater and announced his intention to start A summary of some of the major issues from the Court of Appeals has set at risk any legislation passed It mustbe located in a people -oriented environment showing X-rated' movies there: Before 'P ment; 9 o e Forbes took over the two briefs follows: under circumstances where improper motive played that has regular nighttime traffic and complimentary theater, his lawyer, Jack Burns, filed suit in U.S. District Court, challenging the constitutionality of Renton's ordinance. * even a minor role, regardless of how important the businesses, such asfast-food outlets and restaurants. * Renton other legitimate state goals might be. In practice, this 0 January 1982. The first group of pickets came to the test may prove an almost insurmountable hurdle in "A theater oration must be a place that people are theater to protest. the showing of adult films there. But a U.S. 1, Renton (its legal ability to base its law on the effects. cases involving matters of controversy, where ac willing to go o in the nighttime, and which provides magistrate derailed Forbes' plans by refusing his request to dq of adult movies in other cities). cusations about wrongful'motives are eas to b easy parking and . is generally a -focal , point of immediately block the city from enforcing its -ordinance. `"Renton relied on the studies and experiences of other' and hard to dispute ..: Y Y nighttime recreation activity . Most of the 520 acres ■ January 1983. U.S. District Judge Walter T. McGovern cities not to dictate how Renton should respond to _ is so remotely located in relation to normal arterial issued a preliminary injunction blocking the city,, from enforcing ' adult theaters in Renton, but to establish that adult "The basic point, however, is that there should be no traffic through the City of Renton that accessibility is its ordinance until the courts decide its constitutionality. Two difficult' and. confusing. In addition, none of the area days later, a dozen customers and 20 picketers showed up for theaters do indeed have adverse secondary effects — necessity to look into motive at all. Once he Court has the first X-rated movies at the R lowered land values, increased crime and the like determined, as it sl, -)uld, that a substantial govern- within the 520 acres is near any area enjoying even e Renton Theater — Deep Throat mmtmal ni httime activit and The Devil in Miss Jones. ".Surely a small city need not wait until. an adult mental interest is being advanced by Renton and that g Y•" ■February t 983. "Judge McGovern ruled the cit 's ordi- theaterhas entered and the city has conducted.tts own any restrictions on First Amendment rights are ,w°` nance was constitutional, but adult movies kept playing at the 3. Forbes; on Renton s motives for y p p y g sag^ the theater's adverse s"�vu�fiidi� effects entirely incidental, motive is not a factor," passing. the. Renton Theater while the city deeded: whether Forbes was before it may take its own action ... A small city need ordinance. violating the ordinance. In May; Forbes 'appealed the judge's not hire the same experts who testified in other cases '' Moreover, it is apparent that Renton's ordinance ruling to the 9th Circuit Court of Appeals, and the city filed suit in to repeat their testimony on the results of their r in its second and third versions; was intended to Superior Court to stop the showing of adult films at the theater. F research. This would be a wasteful` and expensive Foes protect citizens against the `content' of'adult movies. ■ March 1984..Following a trial in which jurors sat through duplication of time and effort — to no purpose." Forbes, on Renton's use of other cities' experience to Most of the 20 reasons given as forming the basis for 10 films that had been shown at the theater, Superior Court Judge, Nancy' Holman ruled in favor of the city. Two months 2. Renton on the ability of Forbes to make make its case. intent e rather than afindin ante reflect a protective later, she issued an injunction to block the further showing of ( y a goof it in 1, "The experience of Detroit supports only a 4t g of adverse impact. adult movies. But the movies kept rolling while the federal court the city's prescribed adult theater zone). dispersal of regulated uses. They (Renton officials) "These later `findings' (from a 1982 city public case proceeded. ``Moreover, when the `availability' argument is have adopted a much more restrictive approach than hearing) support ntcompelling governmental inter ■November 1s84: The 9th U.S. Circuit Court of Appeals viewed carefully, it becomes clear that what Playtime ruled Renton's ordinance is unconstitutional: Less than. two. Detroit., est related to de onstrable secondary land use Y property ptimum months later, the City of Renton rebuffed Forbes' request for reap seeks is not availablebut an o est related d to tr adult theater. Rather, they $250,000 to settle the case and appealed the lower court ruling flow of paying customers ..:Playtime wants to be They have banned adult theaters from all parts of express an impermi'�sible reason for regulation; i.e.,:a to the U.S. Supreme Coun, located where the most people already congregate, the city unless the theater is the prescribed distance distaste 'for the 'spe ch involved and a judgment that ■ April 1985. The U.S. Supreme which will bring more customers into its theaters. from certain other uses ... Renton must supply its P y P p e Court announced it will PP Y the speech involved,' morale .offensive." review the Forbes case: l Battle w, Continued from page Al Officials of a half -dozen other area businesses all "There is a lot of concern at City Hall that we do not Denny's and roller skatin g rinks there. oe The previous owners six months ago. said basically the same thing. So did: four of six,. overregulate.First Amendment. said Warren. simple reason is that's not where f~, "If I closed the theater the issue would not be before residents interviewed on streets Just south of the "We want to preserida balanced; approach and we are bustness goes. _ the Supreme Court and,flie chance I would receive my theater. trying to regulate the negative secondary effects of The case has attractednational attention from , attorneys' fees would be nil," he said. "Both the cause:- "You can't see anything until, you go in," "said. ' theatres." municipal officials and entertainment and civil liber- and the fees;.are important. But the attorneys' fees are Barbara Matetich, a courier for Puget Sound Multiple Playtime, claiming. Renton's ordinance :i ties interests who wonder how far the g e s stricter high court will a hell of a lot more important than the cause right Listing Service in Kirkland and a mother of three than those in other cities contends the city has no allow cities to go in regulating adult businesses. In now." children. "A year or two before they had porn there, right to use other cities'' experiences as a guide. 1976, the high court upheld an adult ordinance in The theater itself, on 507 S. Third Street between they played gross movies like `Texas Chainsaw "What the city is doing is attempting to concentrate' Detroit and in 1978, it refused toheara challen e to �. Morris and Smithers avenues, looks nothing like the Massacre' and no one ever said a -thing," she said. on what they perceive to be the adverse effects of the Seattle's adult ordinance. g popular image of an X-rated movie house. Its outdoor But Paula Mayfield, who also lives near the theater, content of speech," said Burns. That's censorship. If walls are whiteand barren, without any posters or said she will not let her 8-year-old daughter walk to you don't like what I'm' saying, you're going top ell But the Detroit case is hardly a.ringing precedent k, even a hint of sleaze. - g Y g g the convenience mart next. to the theater after dark. people not to watch it. because it produced no majority opinion. Four The theater 'stands between a toy store and a On one occasion, as she walked down the alley behind Renton officials reply, that the do" not want to justices who sided with Detroit took a different stand P Y than a fifth whl` convenience market, which sells a healthy number of the theater, she saw a theater customer who was censor anyone: They point out that the daw, in effect, o also voted with.the majority. iti adult magazines. It is located in a business district a parked a block to her west drive back around the block establishes a hr 520-acre where adult; bit west of the theaters could However the case turns out, Roger Forbes may have center of downtown Renton. to where she stood and check me out. go. Located between State Highway 167, SW "43rd little future in downtown Renton. If Rent Across the street from the Renton Theater, the "It makes you nervous because you don't know what Street, West Valley Highway and Interstate'405, the officials saythe plan to quickly on wins, city Y P q k y move to activate an st I Roxy Theater —which Forbes once owned —twos their frame of mind is," she. said. - area .has mostly industrial and office: parks in its injunction the obtained in ' J Y Superior Court against showing "Gremlins" and "Ghostbusters" lastweek. The'general question of the effects of.adult theaters :interior;. although four; or five. restaurants. have Forbes m 1984. Its effe t ' c s have been stayed pendingThe Renton s marquee was billingPrincess Seka," is one of at least three major issues the Supreme Court moved onto thebordering streets. the outcome of other le al issues. "Flash Pants" and "Erotic Lolita." will have to confront. In its briefs and previous oral "Every 300 feet, there's a street li ht," Warren said.g g "I don't think it's a good influence fora theater like arguments, the city of Renton has contended it could "It's lit up like a combat zone. The U.S. District Court If Forbes wins, the balding, bearded theater owner, this to be downtown becausexit can contribute to a regulate adult theaters based on the problems they (which upheld.Renton'sside)lield the area is literall who makes, most of his money from real estate, says general degradation of character, said John Tharp, caused in other cities: crisscrossed with major roadways." Y he will close. I X, µ owner of Pasco Realty on 423 S.3rd St., a block west of It contends such theaters will attract other such Playtime, however, contends the cityhas set aside a "Ass onI'm» ' . o as the city me my money, gone, the theater: "But I'm. not aware of any changes from businesses to the area, reduce prgperty values, cause zone where adult theaters can't thrive: he said. "I have n o desire to stay. in the X-rated movie the theater. There s ?3een no decline in business or an increase in crime and create an overall "Skid Said Burns, "I've driven by it and it's the last lace property values.' ,, Road" effect: P business. My entire life has been interesting and this . ^ m town I'd put a theater. Do you see ice cream parlors, is Just another: chapter of it. w t r ttt , r t. "'Page A4 Sunday, November 10, 1985 News Journal Record Chronicle Globe News VIM ow -77- 193:Wh�nepression Rentowvsq, :Rogerfoirbes s good old days back a aln - l � (Editor's note: "Looking 'lack" is a Renton. Auburn Globe -News Nov. 9; 1960 collection of stories takei, from old :,ram 5 issues of newspapers published in Kent, LOOKING John Mowhray; local radio per ky Renton and Auburn. It runs Sundays. sonality, today announced the sale Stories are compiled by Fran =Wright, fli BACK of his half -interest in Radio Station KASY and Auburn Broadcasters to H Valley Newspapers' librarian.) Fran Wright his business partner of the past two rnn 90 Years Ago f8Se8'rCh@f Years, Ed Garre. Mowbray, who with Garre originally filed for the KIM White River Journal Nov. 9, 1895 local broadcasting outlet; came to =flr1t�' } z Burglars entered M.M.?Morrill' will be of great benefit to the Auburn from Seattle. " residence Thursday night and sec children and should prove valuable Auburn General Hospital greeted $ nred about $13`in cash The peaceful should an epidemic start," said Supt. its 2,500th baby since 1956. The baby slumbers of the Morrill household E.A. Oakley: boy, as yet unnamed; was born to Mr. F r m •.. xr,:.' were not disturbed. and Mrs. Andy Rakos of 21st Street ` 25 Years: Ago Southeast. The father is an engineer 50 Years Ago for the Northern Pacific Railroad. Kent News -Journal Nov. 9, 4960 .Renton Chronicle Nov.. 7. 1935 A county bloodbank official esti- The mother said she read about the Who wants "good old depression race for the 2,500th baby, but, ``I ` `g P mates a man weighing 150 pounds , days back? "Higher living costs will has approximately 13 pints of blooddidn t think anything about it beH66-4ymbitter ® ■ ■ ? aid the Republican Party in 1936," in his body- According to this formu cause I've never won anything." P g g Y opined Candidate Frank Knox. He Mood fd Wai:a of Kent has donated Continued from page A3 special investigator at night for the state's attorney in reminded an audience that "it takes or four 150-pound individuals 1 J Yeats Ago 'Today the episode rests in Prettyman's six -page Worchester County, Maryland. Then he clerked at the $1.80 today to buy what $1 bought _ with five pints to spare. His latest Kent News -Journal Nov. 11, 1960 resume in a terse, four -line notation - just another Supreme Court and joined the prestigious firm of three years ago." He did not remind donation at the Kent Fire Station Kent -Meridian High School's Wal- noteh on the career belt of a man who, for many, has Hogan and Hartson in 1955. Alhis.listeners that so few peoplehad a boosted his overall contributions to kathon Saturday brought in become Mr. Supreme Court. Eight years later, after the Bayf Pigs assignment dollar three years ago that it didn't 57 pints. Walla, a Kent resident since $6,892.43, with more donations ex - It's a reputation earned through the mil71y Supreme for Kennedy, Prettyman became aWecial assistant to matter-much..what it would buy. He 1948, is a Boeing employee. He petted this week to help replace the Court appearances, he's made over the years. The 60- U.S. Attorney General Robert Ke11,11 Tinedy, and then to didn't remind 'the farmers that it started giving blood in 1943, he band's "shabby" uniforms. Bruce year -old lawyer has argued 14 cases before the his brother, thepresident, on varlus transportation- took 10 bushels of corn then to buy, recalled. "Giving bloodis a really Hudson ran the entire course of 30 Supreme Court so far (Renton's case will bebis 15th). related projects. what little more than one bushel of simple thing;'' Walla said, "and it miles to place first lathe race. About That's more than anyone else he knows of except some More recently, Prettyman made headlines in 1981 corn would buy today. More people helps a lot of people." 300 students participated with 40 attorneys from the Solicitor General's office, which during the` House Ethics Coml'mttee',s "Abscam" have $1.80 today than had $1 in the Renton Chronicle Nov. 9, 1960 students' finishing the 30-mile represents the U.S. government. probe. The committee was investigating. bribery "good old depression days.." Democrats won easily inRenton's course. Hal Sherman, band director, Prettyman won,eight of those cases. allegations against seven House members implicated Auburn Globe -Republican Nov. 8, 37 precincts yesterday, going along termed the Walkathon as "terrific." "I think there's a handful of attorneys who do this in the FBI's undercover `:'sting." arettyman and his 1935 with the national selection of JohnF. "Even kids not in the band are out kind of work," he said, "I'd like to think I am among law firm were hired to run the cop°gressional probe. Automobile accidents are increas Kennedy as president-elect of : the there walking." the handful who do this regularly." After court convictions, Prettyman prepared disci- ing at an alarming rate all over the. United States. Record -Chronicle Nov. 11, 1970 Arguing a case before the high court is unlike plinary charges that led to the lexpulsion of Rep. country. Fatalities in King County to George G. Gordon, newly appoint- Harold Hopps' Hancock service arguing it before any other tribunal, he said. "In the Michael (Ozzie) Myers, D Pa., and the resignations of date number 119. Contrary to the ed planning director, was killed in station was vandalized Sunday night first place, you can't get away from the awesomeness Reps. John Jenrette,D-S.C„ and Raymond Lederer, D- jokes about women drivers, on the an automobile accident in Pennsyl- and a water hose inserted into the of arguing before the court of last resort." Pa. average, sheds a better driver than a vania. He had served in this position ' _p gas storage tanks;; `forcing 6,000 But Prettyman is not so awestruck as others, having But in July 1981, Prettyman quit;After the commit- man. Twenty-five percent of . the for only three weeks. gallons of gasoline_ into the street, been on the inside of that tribunal as law :clerk for tee rejected his recommendation to file a misconduct driver's licenses are issued to wo- Hub City Drugs, Third Avenue police reported. three Supreme Court justices - Robert'' Jackson, charge against Rep. John P. Murtha, D-Pa., according men, while only 15 percent of the and Wells 'Street, will close its door Boone Kirkman Renton Felix Frankfurter and John Harlan; between 1953 and to The Washington Post. accidents are attributable to them. Saturday night, according to owner heavyweight who is ranked 9th in 1955. Today, Prettyman refuses to discuss the matter Their one weakness is their failure Bob Piut. Plut, who has been in the the world, left Monday for New g g It has given him an insight into how to attract the except to say, "It's simply a case where they voted not to give arm signals. I store for: nearly eight,'.,.years, will ` York for once -beaten. Boom-Boom's court's Attention to accept a case, and how to present a even to have a preliminary investigation into. the A part-time school nurse, Olive move north where he will operate important 10-rounder against un- case before the court. matter. Guitreau, R.N., has been hired by the Century Drugs, in partnership with: beaten George Foreman at Madison It also has given him the kind of law practice other Prettyman usually makes the news only in connec- school district. "We feel that.a nurse Art Shaw, owner of Shaw Drugs in Square Garden on Nova 18. attorneys dream about. tion with his clients, who have included Watergate "I think that's kind of a dream practice not having to burglar E. Howard Hunt, fugitive_ financier Robert do the same thing every day," he says of his job. "None Vesco, billionaire Nelson Bunker Hunt and author of these cases (that he accepts) are boring-" Truman Capote. P u } i up $4,000 and tow home a 1980 Jaguar Yet Prettyman did`not set out tobecome a lawyer, Capote chose Prettyman after; reading the attor- let alone one of the select few who regularly practice ney's book, Death and the Supreme Court, published For sale: Classy chassis with'a fast LaBelle. clerk until Nov. 25. ; before the Supreme Court. After graduating from in 1961. Capote was planning a television documen past. Prospective bidders can view the Kent usually takes eized cars to x Yale, he became -a reporter and spent a year on the tary on the death penalty and needed a lawyer to help The City of Kent wants to unload a car at the City of Kent shops, 5821 an auction in Auburn but officials S R;J Providence Journal: arrange interviews. 1980 Jaguar sedan, courtesy of a South 240th St., on Monday' Nov. 18. decided they wouldn't get as inuch _. "I loved being a reporter but I couldn't make any But Prettyman ended up with a larger role when the drug bust a few months ago; Bids will be: accepted by -the city for it there due to the damage, moneyout of he said. Prettyman told his friend, death row inmates found Ca ote's squeaky voice g P q y The car, confiscated from its own Scotty Reston, "This is great, but I can't feed myself." intolerable. "Some of those prisoners didn't cotton to er following a Kent undercover o Reston, now a New. York Times columnist, suggest- .him very much, Prettyman recalled. The attorney police investigation that culminated ed Prettyman take a year off, go to: law school and did much of the questioning, instead. in an arrest at the Des Moines - • offer himself as a higher -paid legal reporter upon his When he is not studying, or lawyering, Prettyman is marina, is available to the 'highest - 1, • return. writing, and has written a number of articles and bidder who offers more than the i i Prettyman took Reston's advice, but he never papers about the Supreme Court including Petitioning minimum $4 000. returned to journalism. the United States Supreme Court - a Primer for However, bargain hunters may In 19S1, he clerked during the day and worked as a Hopeful Neophytes. want to line up a good repair shop I' before making an offer. The four $ door XJ6 sedan has an estimated Burns $4,000 in damage to its front end t1' it because the driver tried to escape FR Continued from page A3 country, said Albert Gerber, a°Philadelphia lawyer awes nand plowed the in , said Kent Police Lt. to Ken TRq building, IVS Last June, in a case where Burns represented most who is administrative director of` the First. Amend REG A?ITrER of the nine plaintiffs, the high court ruled the state's ment Lawyers Association. The`group represents all - • , $29.95 VALUE . :obscenity law had defined the term "prurient" too but 25 or so of those lawyers, he' said. " E u broadly. It'threw the case back to the 9th Circuit Court The field, said Gerber, : is 'highlys specialized. Its aperaonat uiaic... flowers... p maps...giftsfrombusinesses 1 /2 H.P. Model 1055 Garage Door Opener of Appeals,, which had previously struck down the attorneys need to know federal state and local glimpse o(your. city.., 9 Y Y a Industrial-stren th heavy duty motor. • Solid steel T-rail. entire law. obscenity laws, federal mail laws and local zoning attcomPlimentnry. • 50% more horsepower. • 41/2-minute light delay. Burns contends the outcome was a victory even laws. _ Manual release in case of power failure. • 6,561 security codes. _.thouah:the court upheld the overall law. The court. he Sells also said that not manvlawvers are attracted fii �l_� _ • Offet:Exorres November 17. 1985 _lnstallatinn nnc inalurlpd.__ points out; ruled that the state's definition of "pru- to the work because it brings a of of; ad publicity. Ne criers Service rafr- FOR SAt LS, SERI/ICE, INSTALLATION paa. $2as.ss rient - a major concern for the plaintiffs - had Burns, who said he's lost somellof his more NOWONLY$1'58AS infected the entire law. conventional clients because of is adult work, adds: OURS7A1V -EYDOORDEALER SAVE $91 00 He said his skills have a lot to do with his successes: "You find me someone who. ill line up and send (206) 454-5755 Liit-Mdst�e8! i or622-6348 852-9110 859-2318 a�r "He also contends lawyers who represent their sons' off to die for th, ight,tb show adult or .+.•arw+�oewru.,• municipalities are hampered by their relative lack of movies." experience with First Amendment -related cases. Now 40, Burns 'said he knew elatively;little about ®� "I start out running, and they start out Like they had the First Amendment law:-busie. s mne�+�:ars ago. He to go to school," he said. "By the time they learn, the had lived a relatively conventional life, getting an case is over and it's the only case they'll ever do like undergraduate degree in accounting and a law degree that from the University of Washington and handling TOPOFTHE LI E James Sells; a Bremerton lawyer who represented mainstream issues such as`business and divorce law. that city in an unsuccessful battle against Forbes and Then he meta client whom,he refused to identify, Burns, ;adds that city governments often > tend to who offered to essentially pay for Burns' education as & KIRSCH 1"' MIN underestimate the protection the First Amendment a First Amendment lawyer by paying his fees while he -off ers. No longer that city's attorney, Sells said the learned the ropes. Forbes, whomBurns has represent - attitude I' t D attitude of many cities is that they don't like dirty ed four or 'five times, said he first hired Burns 10�BALDL movies, so they ought to be able to keep them out of ' years ago. But the attorney refused to say if Forbes 'town.' was his first client. IN STORE -NET PRICE TO YOU "That s not alwa s the case h i . Y e sad .But on our city council, we had an accountant, a grower and a ::, fisherman and it was difficult to explain to them that wasn't the case." Sells also credits Burns for being one of the two or :three foremost First Amendment authorities on the West Coast. "He knows his First Amendment, he has a lot of ". experience and he's highly'ethical,"said Sells. "He's a real conservative sort of guy, not the kind of guy you'd expectto be.a First Amendment lawyer." He is..also one of only about 150'of his kind in the Stop -smoking plan j' 12o I To,zs 49. 5_1 59. 63. 71. 7$. 84. 90. 97. 109. 117. 125. 133. 150. 169. 187. 203. To,zs -offered in Auburn •. LIMITED TIME OFFER The Five -Day Plan to Stop Smok • a "ing will h Nov. Auburn from 7 D 9 I • BLINDS • :YERTICALS • WOVEN WOODS Adventists at the Auburn Seventh Day •EVERY TYPE OF FABRIC TREATMENT Adventists Community Services .Hall, 402 29th St. S E. O _, Richard Smith; D.D.S., and Tom C (►((�� Adams, program coordinator, will ` P PHONE FOR COMPARE ARE show smokers how to quit without .hypnosis or gimmicks. The Five 5 $39�Q`_CUSTOMYOUR $99 Day Plan is scheduled to coordinate i Quality eyewearneed not t3eexpensive QUOTES SAME ,Y®V R with the Great American Smoke -Out SINGLE VISION PRESCRIPTION Completel Price Includes eye on Nov. 21. Participants pay a $10 LENSES AND FRAMES. exam o'e6si kit; and all WINDOW COVERINGS Why Not a Quote? 'Cionfrafromaspecially selected group of dIS'e0$10 tees. y fee for materials. fashion frames. � 9 To ,,reserve a place, .phone 833 *FT-25-2sbifocafs $'O Extra S V Ispherical only NEW STORE 2560. Extra charge for high powers BELLEVUE EXTENDED.' TUKWILA- 13433 N.E. 20th '- EYE EXAMS ........... $29 9 SOUTHCENTER i 746-1886 WEAR CONTACTS .... $19 Mon. -Sat. sso s:3o - • - 666 Strander Blvd. wed. a Thurs. m 271-5710 FOR ANSWERS ' SEATTLE FREMONI 1 Mon Sat 9.30-5:30 to questions about health an4 social a - • ` COMMUNIwenareTY INrvicesFORMATION TINE .. ... 3547 call Bridgep rt rt way w 545=77 2d t (206`) 447-3200 565-9797 / YOU 1'r�6L AURQRA NORTH I ��. Monday-Fnday, 8:30a m -5:30 p.m. }/ • • r , Mon. -Sat. 9;30.5:30 - A 367`-2364 An Nor ice 61 and referral /�, • BUY FROM �f AOSAIVA' ''.•I serve 61 United Way of King county . r�. At one time, said Forbes, Burns was his local lawyer and brought in outside lawyers from California to spearhead his cases. That's no longer true. "He does his bookwork and he understands his research, said Forbes. Burns adds that he has always had a strong interest and belief in the First Amendment. "From my perspective, government entities don't give a damn about the First Amendment," Burns said. "I've been up against cities where their lawyer told them the law they were trying to pass was unconstitu- tional and they go ahead and do it anyway. TO T023 T026 ?029 TO 32 TO 6 TO 0. TO 4 TO48 TO 2 TO 57 TO'62' T067 TO 72 T082 1092 TO 102 TO 112 T0,22 TO 132 To 142 0 a2 22. 123. 1 25. 27. 31. 33. 36. 39. 41. 46. 50. 53. 5b. 63. 64. ` 79. 85. 93. 100.' 106. '42 T`o a A 25.' ;29. '30.: 34. 36. 39. 42. 45. 51. 54. So. 61. 69. `76. 87. 94. 102. 110.' `117. ``Tone Too a 25.` 28. 30. 32. 36. 40.' 43. 46. 49.' 55. 59. 163. 67. 75. 83. 94. 102. 112. 120. 128. To'sa ,oso 27_1 30. 32. 35. , ':39. 43. - 46. 49. 53, 59. 64. 68. 72. 82. 90. 102. 111, 121. 130. 138.E54 TO 0 60%, 'to 66 29.. 32. 35. 38. 42. 46. 50. 53. 1 57. 1 64. 69. 73. 78. 88. 1'97. 110. '114. 130. 139. 149.. 0%64 of 31. 34. 37. 40. 45. 49. 53. 57. 61. 68. 74. 78. 83. 94.' 104. 118.' 117. 139. 149. '159. TO72 TO 7e :33. 36. 1 40. 43.: 48. 52. :57.> 61.'1 65. 73. 79. 84. 89. 100. 111. 125' Lill& 148. 159." 1.70. T7o7a TO" '35. 38. 42. 45.: 51. 55.' 60. 64. 69.`. 78. 93. 89. 94. 107. 118. 133.1144. 157. 169. 180. T7oea o%90 `37. 41. 44. � 48. 54. 59 63. 68. 73. 92. 88. '94. 100. 113. 125. 140. 153. 167, 179. 191. TO 90 T09A6 :39. 43. 47. 51. 56.: 62. 67. ' 72. 77. 86, 93s. 99. 105. 119.:132. 148.= 161. 176. 189. 101. o1" to oz 41. 45. 49. 53. 59. `65. 70.: 75. 81. :-91. 97. 104. 1.11. 125. ``139. 156. 170.' 18S. 198. 96% T0102 To2� ' 43. 47. 51. 56.. 62. i68. 74. - 79. ' 85. ` 95. ' 102. 109. ` 116. 132. 146. 164.' 178. 194 - 208. i oa ro a 45. 49. 54 58.' b5. '71.: 77. B3: 89. -'99. 107: 114. 122. 138. 153.` 176. 186.` 203; Tlo 108Ye To414 1o14% ,% 47.' ' 51.. 56.' 61. 68. S. 81. 87. 93. "104. 112. 120. 127.' 144. 160.:174. 194: To zo Volume 98, No. 49 Wednesday; February 26,' 1986 Serving Kent, Washington Highc, 0"0 rt upholds City law isolating adult theater By CLYDE WEISS Washington Bureau WASHINGTON — The U.S. Sup- reme Court, in a decisive 7-2 vote Tuesday, ruled; that the City of y y. Renton can isolate adult theatersr , away from residential areas and into out-of-the-way locations. The 13=page ruling was broad enough togobeyond Renton to give tlY, cities throughout the country the authority to restrict the 'prolifera- tion of "porno theaters" by regulat- ing them into undesirable parts of town:., But in an I1-page dissent authored t by Justice William Brennan Jr. and li concurred in by Justice Thurgood Marshall, the court's decision was called "misguided." p 2 "The ordinance discriminates on its face against certain forms of speech based on content," Brennan wrote."The court (majority) ig- nores this ,discriminatory treat- ment." The ruling reverses a U.S. 9th Circuit Court of Appeals decision of November 1984 that declared the 1981 city, ordinance ,.unconstitu it i r, tional. Playtime Theatres Inc., owned b.y Rogei-Forbes, challenged the ordi- nance on the grounds it was directed at the content of the films, not at the "secondary" impact such theaters 'community, had on the as Renton officials claimed. Playtime had won Supreme Court victory gave Renton City A its argument before a district judge,' estraining order that obtaining: a restraining_ kept the' 'city, from enforcing its > ordinance. Ross s. ' +„ After Tuesday's ruling, �r Davis, a Washington, DC., attorney for: the National League, of Cities, id said the decision represents resent s a vic-tory , . for cities. -`:`The zoning local authority is the o 7 .peoples expression ,through their _.. ,�_ _._._. or how they want to eve,"' said Davis. In Renton's case, �_,• he said, "the citizens were really not First rst Amendmentexpressingsome views.. They were expressinea.view as to how' they wanted�ileir com munity to -be,sha ed ar 'develo ed P Pr# and we are pleased .did relieved the ` Supreme P Court allr��ed the eo 1 P p e r -. See DECISId pacie A Ferdinand Marcos 250 1 4 y Por W r e r raZl ne,Ss,, ,, euphoria take eve r at C .'ity Hall By TOf4Y DAVIS and JAN HINMAN Staff Reporters Her smile was giddy and her eyes twinkled as she answered yet anoth- er'telephone call from a national television reporter. "My name is Barbara Shinpq# „ and I'm mayor of the City of lei nton," she said. "That's S-H-1_-N-P=O- C-H.Shin-poh. "If I get a phone call on anything: else today," she said in her sixth*' floor office in Renton's City Hall, "I a won't know how to handle it." �rl Id"I 1♦'nr, 53NinnneM r�nd_niher--City DI.I1- - cials, Tuesday was a day of crazi- ness and euphoria. The U.S. Sup- reme Court had upheld the constitu- tionality of the adult theater zoning ordinance which they had defended for four years at cost of more than $500,000. Their "ordeal," as Shin poch put it, against Roger Forbes' Renton Theater was over. For Forbes,. Tuesday's decision was legally and financially signific- ant, but moot, businesswise. Last November, when his lawyer argued the�,Renton :vs., Playtime Theatres case before the high court, Forbes promised to close the theater once �.. the decision came, win or lose. " ' I Tuesday, at a press conference in 1> � his Kirkland office, Forbes' attor ney Jack Burns said his client would keep that promise and close within a Staff photo by DUANE HAMAMU,RA week. In the afternoon, a -ticket- Lawrence Warren, left, and Mayor Barbara Shinpoch a reason to Smile taken at the aging theater at 507 S. 3rd St. a few blocks west of down. <: • r town Renton said the theater could close as.soon as Friday. Burns said Tuesday that his client . ■ <���� may have dropped more than $1 - g � million in legal expenses — money g fn Tu sda, oriI�entonsadr� nr e'�ourt s ruf e � ■ f=aClouifrt�trrtl�eLiS S p ertl g y hoped to recover b winning, he h ad ho Y P .; rrlovle;houseclearlywtravell3eyondleritoCi Iirtitrsnttclerltowfar See The Renton government, however,' page A2. has little or no chance of recovering r its costs, despite its victory, Renton` ■ lies: City Attorney Lawrence Warren Tuesday upholding Denton s zonrng orcimance. See page A2 , said Tuesday. is with>P,lat ;tome Theaters tank root almostfive years ago 1■ €enton s d pate Y He said, Rorbes had argued his a federal civil righ is law RINX z whefl the city passed its resirii t�ve zoning ordnance Sae page; A2. case using that allows citizens who challenge the government to recover legal z fees if they win, but does not allow _ e##t(n -j jl�'BtC'fpUJC} C{(1SO BS 510#7 cIS ttS'.Frtdcy ' governments to recover the fees if staff phatcx, they win. _ h_ .. ;,.,. ,... ,• . , . ' See N, page A3 RENTO Marcosflies in9to exile,.; takes. o,ver vIANILA, Philippines (UPI) — Wednesday, bringing the unofficial to leave Guam for Honolulu by 6 The man who dominated the ing and headlights on: perdinand Marcos surrendered the death toll in the four -day rebellion a.m. PST. Philippines since 1965 agreed to White House' officials said they residency of the Philippines and that toppled Marcos to 16, with 55 It had been expected that Marcos leave .the nation and his office in did not know how long Marcos would flew into exile at dawn Wednesday reported injured. The toll was much would be taken to U.S. Naval Region- exchange for safe passage for him- stay on Guam` or what his final aboard a U.S. Air Force plane: lower than the 90 deaths' reported al. Medical Center at Agana., Guam, self and his family. destination would be. Secretary of Washington immediately, recog- during: the; controversial presiden- but Reyes said Marcos had a, doctor In all, 55 people — Marcos, his State George Shultz said Marcos nized the new government of Cora- tial election Feb. 7. with him on the plane. family and political supporters — could find "safe haven" in the Un- ■ A shove from zon Aquino. Marcos, 68, was car: ied on a A half -dozen anti -Marcos protes- flew into exile on two planes, Penta- ited States. President Reagan F i l i p i n o s stretcher into the U.S. Ai Force C-9 ters stood in the rain outside the air gon officials said, in Washington. U.S. officials believe Marcos suf- res g stormed the Nightingale medical evacuation base, which was sealed off to repor- The former president's wife, Im- fers from a series of afflictions, helped Marcos de- gates of the plane at the giant American Clark ters awaiting the arrival of the elda, and Marcos's former military including a disease called lupus, in de- cide to step down. p r e s i d e n t i a 1 Air Base and flew to Guam, landing Marcos entourage at the end of the chief of staff,. Gen. Fabian Ver, flew which healthy organs; including the See page- A6. M a l a ca n a n g in torrential rain on the U.S. Pacific l-,500-mile flight: from the Philip- on the saline .C-9 Nightingale plane kidneys, are sometimes attacked by Palace on learning Marcos was gone island three hours, 40 minutes later. pines. with , Marcos.' A C-141 Starlifter` the body's immune system. beganand g p g ' y p other, members of the: Mar- In the end,.Marcors' departure was sh stylemansion. Thousands down the airplane Guam, caseswithout the face of the forced growing cos party.-,,raBidsx poured into the streets of Manila and assistance but looked "frail,",, said from charges of fraud in the presi The Marcos group, in blue milit- The revolution began rSaturday ' other cities, while motorists honked Guam's Acting GovernorEdward D. dential election against Aquino, fled ary cars with a police motorcyle with the defection of Marcos De horns and waved at each other. Reyes, a member of the greeting the Philippines less than 12 hours escort, went to the Hilton Hotel in fense Minister Juan Ponce Enrile At least' one person was reported party' for the deposed leader. I after he insisted on taking the oath Agana, taking an isolated; two-lane and Deputy Armed Forces Chief of killed and 27 injured Tuesday and Reyes said Marcos was, scheduled for another six -,year term. back road, windshield wipers swish- See PHILIPPINES, page A6 k Thl.oko,1 iopposed usedsbuttle WASHINGTON'(UPI) _..NASA officials criticized a recommenda- tion by the booster rocket builder to play it 'safe and ground Challenger in cold weather, leading:,, company managers to reconsider and OK the doomed launch, the Rogers commis- sion was told Tuesday. It' also was revealed that a key engineer for Morton Thiokol Inc. recommended last August that all shuttle flights be canceled until a critical change was made to rocket seals,: a leading suspect in;the "Chal- lenger explosion. "It was my view we needed to get it (the modification) into the flights right away," Arnold Thompson, supervisor of rocket structures. for Thiokol, told the presidential panel. Such a change would take 12 to 18 months, he said. The objections.:.by- space agency managers to Thiokol's initial recom- mendation to wait until the weather warmed before launching Challeng- er put the company in the unique position of trying to justify their stand by proving their booster rock- ets would fail, two engineers tes- tified. "We were unable to do that," said Robert Lund, Thiokol vice president for engineering, "We couldn't prove absolutely ,the motor wouldn't work_" Lund and three other t `p manag- ers eventually overrule their en- gineering staff and rev rsed the decision, giving NASA signed document saying; the twaj lid'pro- pellant boosters were saff to fly despite record cold weather.,a Meanwhile, James Beggs, on un- paid leave as NASA administrator since December to fight criminal charges of defrauding 'the govern- ment, sent his resignation to Presi- dent Reagan Tuesday. the White House said. Deputy press secretary Albert Brashear said Beggs sent Reagan a letter and that the "process is under way." to find a successor who will be named soon. The letter was not made public and no reason' for the resignation was given by the White House. Commission Chairman William Rogers repeatedly asked Lund to justify the company's rationale for ultimately approving the launch, saying: "I think the problem- is it's not convincing. One of Challenger's boosters rup- tured 58 seconds after blastoff four weeks ago, destroying the shuttle and killing its crew of seven. The probe is focusing on the right-hand booster, but investigators are not certain- it started' the fatal chain of See SHUTTLE, page A3 more than $60 million in pay raises for current employees and teachers. Details, A4. Weather Contents Rainattimes today and tonight. Ann Landers .. ............. Births B6 B7 Highs to.60- Lows 45 to.50. g .... Business ::... A91 Winds `southeast 10 to 20 mph Classified ads ....:...: B7-B10 today. Precipitation chance 80 per- .....: Comics . ... B6 cent. Showers Thursday. Highs mid. ... ............. Deaths 87 50s. Precipitation chance 60 per- ... .... Editorials/opinions ......... ...... A10 cent. Details, B6.. Food ................. Section C Northwest National ........... A5-A6,A8-A9 Recreation ......... ... .... B5 State pension in for more. Sports ............ .; ,. Bl-B4 than 20,000 elderly retired teachers State .. ......... A4 ` and state employees could soon be Stocks . , ...: . :. . ... . . :.. Al 1,'` added to a$90.8 million supplemen- Television ... .............. B6 tal statebudget already containing Weather . ...... :_ ........ B6 YQn,dRenton Dispute took root almost 5 years ago a 22 which has the same' ordinance as - < Renton, and, possibly, Kent; which---„�-« ed adopting such an ' .has consider ordinance. Steve • DiJulio, Kent's acting city Services Center, said Tuesday after- churches; schools and other protect- areas of town. that`c0 noon. "We've had to answer ques- ed uses, the city was prepared to go He said it is logical to assume that try will - tions, or give them non -answers. to court to enforce it, Auburn Mayor other cities will pass legislation as? guis s Now, we can answer their questions` Robert Roegner said Tuesday. similar to Renton's,. but added that it entert n much more easily." Kent's DiJulio said.city officials will take some time to determine the town. Because of different court deci- had been considering an ordinance decision's full impact. "Th rty sions at different levels, Thiessen like Renton's, but put it on hold while David Utevsky, a Seattle attorney; discri in said, most cities have held back on the Forbes case dragged on. Now, he for the American Civil Libertiesy 're'ligi us passing ordinances, but now they said Tuesday; Kent is likely to Union, predicted the decision would book ore know they have a model ordinance consider. it again. effectively keep all adult theater' be sad ;to they can use.. "Adult theaters, and every other out of Renton. effec "Is this a ,good' decision? That's business, are appropriate for local He claimed it would not be pos ' can u e th something for constitutional scho- lars to argue about," he said. regulation," DiJulio said. "Adult theaters have been ible or practical to put one in 52 late ' les , trying to say acre Valley floor -area bounded b� could corn AugustIn months its they're in a separate category and Southwest:43rdiStreet; State Route- is study ti. after Renton adopted ord nance, they shquld'n't be." "; 167; West Valley Highwayand Inter. settes poi the Auburn City Council adopted a But Forbes attorney Burns said at state 405` hk But Ma virtually identical law. Since then; a press conference Tuesday that the Renton officials, claiming that thd. York City l ........ . 'unities around the coup- tices," all voted. on Renton's side. yto'use zoning ordinances Because of" that, hei said, he had a to drive: other, forms of feeling that the court may not ap- ment they, don't like out of prove efforts to come out against other controversial bookstores and .or forty years ago, the other businesses. ation might have 'been on Lillienstein noted that this court or political content, so did not follow the footsteps of Ste s left or right wing,could vens' opinion. in 'the court's 1976 ,have negative secondary. Young vs. American Mini -Theatres he said Tuesday; "They ruling upholding. a Detroit zoning e:satne reasoning,to regu- ordinance. ,,.Of videocassettes. They "Naturally, I'd like to see a yic ' up with a phony scientif- tory, but I'm not as concerned as I t says sales of videocas- would be if that (a.ruling setting up It. children's minds." different protections for different I ll Lillienstein, a New kinds of speech) were the case, torney representing the Lillienstein' said. 1 a r Des Moines may move to oust adult theater y : Marine View Drive and aeventn Avetti Protest leader Kathy Keolker r which Renton's ordinance to ban adult businesses in By LYLE PRICE runs parallel one block to the; t " ' Staff Reporter , rtain locations,. whiles permitting 'them in In "down own revitalization' area.' t; as the ce er specified places. die area is nth Ties Moines may try to oust its only adult near the waterfront and marina. What motivated Des< Moines' stance isn't ordinance. fir ,41iti theater following the U.S. Supreme Court's The revitalization' ordinance 'read says ■'January 19s3; U.S. District Y Y morality as much as business constderatrons; Judge Wafter T. McGovern. issues a decision Tuesday upholding Renton's zoning adult movie houses are not all wed in the McNutt said. The.theater has shown adult fare preliminary injunction blocking the city ordinance. downtown area, but no action has een launch- since the early 1970s and had co -existed with from enforcmg,.its ordinance until the 3 Des Moines City Manager, Stan McNutt, who ed against the pre-existingtheater;. McNutt the community. There has been picketing of the courts decide is constitutionality. Two y• p g y l t ; applauded the court ruling, said Des Moines said. kind that prompted' the city action in Renton. days later, a dozen"o. ,,,�� and 2Q had postponed plans to restrict adult theaters, Action now is being contemplat'dd, however. But study several years ago determined the P icketers show up for the #irst X-ratea- t movies at the Renton Theater — Deep pending a decision in the Renton case. The city manager said he expect the council adult theater had an adverse impact on other ,! The Devil ;n miss Jones. s "We're recommending adult movies not be will shortly consider an ordinance to establish a businesses and the downtown area, Throat and =. ■ February 1983: Judge ;][owed to be shown in the downtown revrtaliza new area where adult theat . _ wottid ,,;be "The study was much, l l ,an environmental McGovern rules me city's ordinance tion area," McNutt said. permitted — in certain locations o" , iglt a�y;99 impact statement (EIS�;,'�� e city Manager was constitutional, but adult movies Implementing McNutt's recommendation that are 500 feet ormoreaway,fro ny'cht iCh said. "The conclusion the adu ;theater "• keep playing at the Renton Theater would shut down adult movies at the Des or school: was cousin loss a> clue to `;Ceti while he city decides whether Forbes ofTheatre,r r g k J In May, Moines reportedly South King Coun If the council does establish a ne dukgage> business, from eo le . g he b esse s violating the ordinance Y �—N ty's oldest adult movie house: the city's next move would be cl sic• nearby or"chanin ether shopping habits: Forbes appeals the judge's ruling to changing P. g the 9th Circuit Court of Appeals, and The theater is located on Marine View Drive, downtown theater. McNutt said aid ' ti whp,aP.�tninPcofJh hlaTM,�p fin_ n Kin Count tl2e y files suit i g y in the middle of the downtown busmi ess area. A might occur in 60 days or so. - the chi �b t i`tion Milan, °they "diverse all Superior Court. representative of the theater could not be McNutt said with -the new z„ r., in evidence or question of morality," Mc Ct .; "A March 198a: Fouowing atrial in Photo by RarPH RAOFORc reached for commenu•;Tuesday. effect, could move its businessi`' ;Highway 99. said, because the EIS `indicated the prod which jurors sit througn to films that QeS Moines Theatre The Des Moines City Council has designated He termed such action asc sistent with was ;`planning issue.— not a moral one had been shown at the theater, King County Superior Court Judge Nancy ,. Holman rules in favor of the city Two months later, she issues an injunction to block the further showing of adult DeL1 �7' „ tnovies. But the movies keep rolling a o 1 , ■ . . � t ' �� while the federai court case proceeds. , < r November 1984: The 9th U.S. Continued from page Al � r �� ;: ;. _, z - officials were relegating th ieatbi to a 520- . Circuit Court of Appeals rules Re of Renton to express themselves that way.';: acre "industrial wasteland's occupied by a nton's ordinance is unconstitutional. E.Barrett Prettyman, who was hired by �,` sewage disposal and treatmoit plant; a horse tillnk-this WIII give an impetus t0 Less than two months later, Renton Y n i rebuffs Forbes' request for $250,000 Renton toarguethe casebeforethe Supreme z,; - racing track; an industrial Business parka the CItIeS t0 deal with this pr0b- to settle the case and appeals the Court, said the decision "has made clear warehouse, an , 71 tank far and a shopping lower court ruling to the U.S. Supreme that adult theaters have to join other _: center., lem more flexibly and m 're �,:. Court. ,', businesses m attempting to get property, and , •� -, � <� ''- � Rehnquist; however, dis „��sed that argu- � � 0 April„ 1985: The U.S. Supreme ' are, not in any kind of preferred position ' " 1, s„i ment. "That (Playtime) mus fend. for them - ,,are than the have In the r y y Court announces' it will review the where a city has to make property available to t selves in the real estate ma s t, on an equal q Forbes case. them. fi footing with other prospect ve; purchasers past. I think what it means` is the, N Nov., 12, 1985: Attorneys for rF ?. square off before the U.S: will give an impetus to the • , and lessees does not ive,-,rise to. a First both sides sq ,. I think. this g p g can now Use heir zoning power: g `ties to deal with this roblem.more flexibly_ Amendment violation," therr�,ourt held. Supreme Court. rn;'washin ton, D.C., cities p r v " «E Feb.".25, 1986:.,Renton is the y y past,q said. the court never suggested — E:` Barrett Prettyman, rt b a and more broad] than the have in the r` < Rehnquist s victor- The U.S. Supreme Cou ,, y Prettyman said. I think what it means is they r 1 , that the First Amendment compels the govisive 7=2 ruling, u hord5 Renton's` can now use their zoning power and expert t ernment to ensure that aduit4heaters, or any Who argued Renton Case der g, P zo, rdir- nee ment.in dealing with this problem in different Prettyman Burns' other kinds qi speech relate businesses for y V' V'"" ' ways, so long as they leave alternative that matter, will be able t ',`obtain 'sites at methods of'communicaton open." the court" as factors contributing to the bargain prices." t experiences of Seattle or Detroit;'.' but must Forbes' attorney; Jack Burns of Kirkland, defeat. Rehnquist referred to ' ;'1976 Supreme rely onits°own experiences. was disappointed with the ruling but said The majority opinion was written by Jus Court decision, in Young v' ;American Mini "The court (majority) allows Renton: to>x Tuesday he wasn't particularly surprised. tice William Rehnquist and concurred in by Theatres, Inc (aDetroitcas• inconcludinga What did surprise him was "that they went so Chief Justice Warren Burger and; Justices city's "interest inattemptin to preserve the conceal its illicit motives,, however, by es far," he said, addingthe court essentially Byron White, Lewis Powell Jr., John Paul qualityof urban life is o, '` that must be ]lance on the fact that other Brennan said. rewrote the law. Y Stevens and Sandra Day O'Connor.. accorded high respect." adopted similar restrictions," Brennan said: But Rehnquist, writing for the majority, In the last 10 years, Burns said that federal The court said Renton's ordinance "does The justice said "exact] ;the satire vital court Tint r merely v r ere. said .the ;appeals t decision requiring circuit courts •,ha:ve consistently ruled that not ban adult theaters altogether,but y governmental interests are; t stake h H 4 adult theaters cannot be zoned`tnto undesir provides that such theaters may not be. ,': In his dissent, however, ;;rennan'said the Renton to rel on;tts;own experiences instead Y _P able areas of the city. The Supreme Court has located within 1,000 feet of any residential majority ruling is,,: = unconstitutional of petroit's or} Seattle's, imposed an un y "Yeah, he said. - single- or rhultiple-family dwelling, under the standard's esta islied by the deci- necessarily rigid bixrdenof proof" on Renton now said, e y zone, g z Burns, however,' said• the high court's church, `park or school." sions of this court." because there were no adult movie theaters in decision mazy have seriously damaged First Such: laws, Rehnquist_ wrote, are valid "so Brennan noted th • ' Renton officials n for the city officials to -,study - tow Amendment rights: of free speech and pre- long as they are designed to serve a substan claimed they had relie on'studies made in "The First Amendment does not require a dieted it could affect more than just the adult till governmental interest and do not un- Detroit and Seattle in concluding adult thea city, before enacting such an ordinance, to movie industry. reasonably limit alternative avenues of com ters would harm their community. While the conduct new studies or produce evidence "I haven't found anything redeeming in it munication." majority of the court, agreed that Renton was independent of that already generated by (the decision) from my point of view," Burns Instead of trying to control` the 'content of justified in relying:on those studies, Brennan other- cities,'' Rehnquistwrote. said. The same logic used by the City of the pornographic films, the 'court` said Re disagreed. Renton's attorney said he was not surprised Renton to zone adult theaters could. be used to nton's ordinance was "content -neutral, in "Even assuming that Renton was concern- by the courts dissenting views. Marshall and zone the sale of tabloid magazines into given that it only tried to control the effect an adult ed with the same problenils$_as Seattle and Brennan "have very simply a broader view of areas of the city, he said. movie house would have on a community. Detroit, it never actually reviewed any of the First Amendment protections than perhaps 86` He: pointed to "the conservative nature in In November, before the high court, Play- studies conducted by thosecities;"he wrote., some other `members of the court," Pretty Larry Warren in 19 the country and the conservative proclivity of time attorney Burns argued that Renton city "Renton cannot merely rely' on the general man said. "I'm just pleased with the results." r _ : Renton City Council 3/10/86 Page five Old Business continued Public Safety) On the second issue of whether truck traffic can be controlled Committee on the NE 3rd/NE 4th Street corridor, the Public Safety Committee Truck Traffic has determined that truck traffic cannot be solely controlledlby on NE 3rd/4th limiting land use activities within the City limits since) King Street County has not regulated truck traffic. Also, buses, delivery vans, land semi-trucks servicing the general population and commercial areas should not be limited. Commercial dirt haulers should be limited to non-peak hours. The Public Safety Committee has directed the 'Building and Zoning Department to contact King County to discuss and obtain commelts concerning elimination of commercial dirt haulers on the NE 3rd/ NE 4th Street corridor from 6:00 a.m. to 9:00 a.m. and from 3:30 p.m. to 6:00 p.m. , Monday through Friday. A report is I expected from the Building & Zoning Department by 3/27/86. Counci'lman Stredicke questioned why the road could not be posted prohibiting truck traffic during peak traffic periods. He also cited ;concerns with accelerated deterioration of that roadwaydue to heavy use by trucks hauling fill from 1-90 project and others; and heavy congestion which will result when one lane of the road is closed to accommodate future signal project at Jefferson. ORDINANCES AND RESOLUTIONS Ways and Mean Ways and Means Committee. Chairman Hughes presented a report Committee recommending the following ordinance for second & final reading: Ordinance #3978 An ordinance was read vacating a portion of SW 23rd Street foil Seelig Street Martin Seelig, File No. VAC 003-85. MOVED BY HUGHES, SECONDED Vacation BY TRIMM, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL': ALL VAC 003-85 AYES. ' CARRIED. Ways and Means Committee Chairman Hughes presented a repot recommending the following ordinance for first reading: SCS Grant for An ordinance was read providing for appropriation of a United Grady Way .Project States; Department of Agriculture, Soil Conservation Service (SCS) ',Grant for the SW Grady Way Improvement Project in the amount' of $500,760.00 from SCS Grant unto Street Forward 'Thrust Expenditure Budget. MOVED BY HUGHES, SECONDED BY CLYMER,1COUNCIL REFER THIS ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. CARRIED . Ways a!nd Means Committee Chairman Hughes presented a report recommending the following resolution for reading and adoption: Resolution #2638 A resolution was read authorizing the Finance Director to borrow LID 331 $61 ,000 from the Insurance Fund for LID 331 , Smithers Avenue South Appropriation Sanitary Sewer Project between S. 21st and S. 23rd Street. M VED BY HUGHES, SECONDED BY TRIMM, COUNCIL ADOPT THE RESOLUTION AS READ. ' CARRIED. Vouchers Ways and Means Committee Chairman Hughes presented a report recommending approval of Vouchers 13037 through 13673 in the amount of $1 ,169,852.12, having received departmental certification that merchandise/services have been received or rendered; Vouchers 13371 13379 machine voided. MOVED BY HUGHES, SECONDED BY KEOLKE,R, COUNCIL APPROVE THE VOUCHERS. CARRIED. ADMINISTRATIVE! Referencing the Valley Rezone, portions of which were referred REPORT back to the Administration for further review on 3/3/86, Mayor Valley Rezone Shinpoch indicated that staff will require a few weeks to', reappraise the proposal and make a recommendation to the Planning Commission on the matter of small lot zoning. � I •Elaytime Court Total cost of the legal battle on Playtime was $724,000-- Ca a $530,000 locally and $194,000 for the law firm in Washington, D.C. Original newspaper articles from the New York Times, Washington Post, and Wall Street Journal sent to Mayor Shinpoch by her daughter will be donated to the Renton Historical Society for inclusion with scrapbooks of news clippings collected by the Citizens for a Quality Community Committee (CQC) . ' ' it Renton City Council 3/10/86 Page six Administrative Report continued CQC Donation - Upon inquiry, Mayor Shinpoch advised that the amount of the Playtime Legal check donated by CQC at last Council meeting was $63.46, and Fees the check was turned over to the Finance Director the next day. AUDIENCE COMMENT Joan Walker, 1433 Monterey Avenue NE, presented Mayor Shinpoclp U.S. Census and each Council member with a copy of an address given by her Bureau Address boss, John Kean, Director of the U.S. Census Bureau, at last year's U.S. Conference of Mayors in Anchorage, Alaska. The address, entitled, "Our Cities Trends and Times," includes information about employment shifts, population shifts and need for long range planning by cities to emphasize preventive rather than remedial activities. Mayor Shinpoch expressed appreciation for the gift. ADJOURNMENT MOVED BY TRIMM, SECONDED BY CLYMER, COUNCIL ADJOURN. CARRIED�i Time: 10:26 p.m. I I MAXINE E. MOTOR, CMC, City Clerk Recorder: Marilyn. Petersen � I II'I i II , I I I i . , • -1e.;.T.:?-7•. ---.1.•- — •: . • :-.., :.• - . . .. • , ,. , 1 gh. :.-....C. otti-tR uhr. 1:Puts , . , . . . . „ . . City-in' We8tiliSpoti. ight Aii:i0:-$47.17A4, ... . . . .. . ..„..,‘" - , , ".•..Spedaiito4be He*Yoriefirnes,,N.,' ',. • 4 V ....,h. - • RENTOIstomitisli:,--iFeb.-27,-=1'phisi . ,'.. : „,,•-' •,.::' •k, -•Sirr i'' ., .•l'•- .-•-,,,.. -wi:•• .: , • tered•,,tOglher on Third Street; the .• •,. mairestreejatediielirinditstrial sub- c.;17...4'p ..i„..*:- k!i. • ' nrh•of-SeattleAtieVROiiiahtCathOliC *. •••-i,t,.0,„: . `-'•;•\i.',.;y4..ii,W . , . , • ChtirelOtAiliiiiiiiiI to-lifei;lliCheid- . if: .4:.„,•:::..- \r,.... .gl.T.,,, , , , . oloortoti)itth&'pitK.16401,'"'EF,lly•iiV ' . ,:•.::,-:.':'.'& • .1.1,,tr.? . . . :fticiirio thoifortho7r011oivs--ieicuale* "` • -'''''' )1 .'"*:"r• pliCit filit*-T."P":,.:N:i' ' '4•:.e''fc'q-`A-"'..' Cl'-• - 17".:.''••••'''' , f...:e'', . •Cf; .V....:.., . , . • ThelitheriternsOhOlnWsorm,-' - 19•81 ''' sie'riiiitiii.', A'• • .' ' , City.OrdhitiliOlilifiereCIAlltd11104,1*- , -'..• 0 .....:: ,, 13.•e.%.i,", '. • , , ten•W•Witl&tit:1;000feet 0014 OW .: -1•-' .. ''.. ••.t:',.:.!..'7.; R C 1110 rl • , . , :hoine;::clUirclit.parlseT.13000.was. APT',- ..,.t!, #,' : a ,....-g-.- - -- : heldbklifellipidinet,eilit Tileadayln.' :•,,•:Wii;.'.•'• ,..?•:. .'. 'ir01f,1 •::' • . . . ,. I . i . • . • • -- • :a 740;2'cleclituithat• . • ., . r.• ',Y7.,,.ALT,k•A4A,I,'; .,,,ix:. WA-•' INGTON ' ,. .. .... ..... .. .. ...;, . . . .. . . . . . . 1 • loOalsioveriimditsteifnea'.--"- likv*,i6• ":".‘ ;.t., '. . *,•-• • •,'. '.. • . . ' . , . , . 'reitrictthelO:ChtfoifeadUlttheifeit.'. .• ,g,t.iit=•:ii ,,.,•%•f.,; ..;:::!......!2. . . '• i • '- , c . ‘ .. , . C ThdklikpartOfRetftthUtneetsV :ra . _,:'1••_ L the 0 1110510 5201ditfeitcirded*fie0i$and „. •. ' . , •' .•, - '''• .- '•• -• -s••rs TheNewlfoitl'imesifeb.28,i918- tratFriftddatkihatixititahniTiewage 33,'• .e.1 i•-••••-• - ,:- ,-•••- - • - , ,, . dliPOsit plant, the Patkint'16f43fla `8403111g... vallineers-led 4.04'.,.ga.!4•4, .. , ' • • - i haiSeilitd•ftile,I.F11;iitta*iihdlleTidf- - -adult movie theateilnikentonl. • , , , , . •••ThWeAtieti;#41.4,11tentai*';';a!'eitYs.of ,r4.' -:17: ,q,ii lwe,••• .,•Q,1 C-.::..'S_,'.'..,.-,‘,...iee•• . 33,34041ekifeillitliiitioratevights to •to llinietableidkineWspaper&,from one , • • - . I free,SneectOliiiteotliCtint iidillttheiti part.oftown,or political leitflettlx.i*or '''•terSlo-the*rearWlitelittiVeirCribediSiff 4ny,•,,othettindeSikableactiVitif."- . 1 - opponenta,,oftheiordinanceiarWan144 i;•,..)4.altikijegio4ighpbnas.cost4Benton!close , . dustriallialteraiiiff 2., ... - • • •to.:..$500,000;And. Playtime Theaters . . -.: :•••litiegaiiii--140-thei Mktg* -•• ' 400uk..$3°°,99 . •,, , 1 . :••tc:44t„ .-., "In 41,5.tow -Y . • ' '....1."DigRentoni. ity•-coenail•approved offiClalstruty that•alnce'„die.ord14,43i,t00981;•sik.ltiontliatbd, dotifiiiiionwrooit441: _.kt2.thei fOrnPliaktitieTheeter.sbiiiikht,-*Pnik -eitleSfila-ielieen'akinfth(r1214193Nthe, ...win' iiiiiiie'whOuseis .downtai. Ono IninageAtiibanishadult•theate.Pto the;.showed!FAitirciaila`oOminolFial.firepthe 1 1124.6119,ii2l.g.ttig..11.1.i.1 Niiheilkhi46016eitlialeilili4e4m . vi,4141FL,,if VU1,1114_.... :1;;C:r1KaTZWIC-11ULIOAl •:?•••1itiiiit6ht,AC010.•employer Is the Ace, , . . -1 0 .-,. ,•,-. ..,'efili§:laWhieanigh4.4,00''if nit-theater began:Ny.444igrolpt of; 61;iieti that,the ,.:Boeling..en&Pers, • ,:,- ..,,, ..... ,.. ! ' i ..Thl gc=tated rnoiies'ilit46 4gradedi . . • ....-.. • . -, , .. ,.• i. . . . ...,The:theaterdtgcl?,,!1°44'-''.2',9P-P-ra iltiii'7,iii.ageo4eViOAiOikijiOiatk411d itr . '1,iglOtithtid: Otreeeshiie130-, k itsbethe,060-",,bublisi4ta4 we don" ' , tbiliktutailVaCtht7* 0.0* Cowl fight, to want•he the*.ten* of town,"'sal' • 616setiilr:igStolaifig7':0.0itTneri 4ii*Itik:gAiotifoeei;ii'llfeing'eligi ; 1 giiiiifififiX1*.tiONtt"..1S40) __ert The piii,e0iiiiti was,"iiiie,bt Ithe.f6iiiiderS of • , . ciiiler-fia-kOliiickielnesPiliParuY04'•;:eitikoni'grO.40.60Oiecf•to•iheltheater... I , • • • Wed tri'Pel§r0.-c0:144014. --A v. ikitiotytiarkoi,e§tfWitilitlf.-Yeiere ' , • Qppanpinm IthelOrdinahOe;;Oclu&''eiretat, ttyOn 4#:7rekoh4elhe'.iheaters *theAliferican.t.011,141.?.1940C00.911...liiithontx'!:zreitilCtine' kii4On?'. ..of . I say:ilie..„,...,i7,4;,.._(014*.0,,_2;,celf.„00,,,_YOYi'ljsuis •iiiieechtlitr. glethOvier'6aftd: adid„t w..e4.,,,.wl,'4„ 1.,.vt.!_ ,...f".•:,•........---4,-, ,.... -...cOuncilwoman•••KathyaCeolker, who I i • _is .... .,•418''alSeritius-,,,Dlow,;t0.-.1.4e':cuaL was elected:.after,organising crates I Apia-mm=41404d David•c.-Ttev.skY1 :"Aigniiiit tne.piiiier';:"Saidthe•oppositien a•SeattlelaWiret•AOY,Wroteint rlef for 'was •:brilid_hiseit, •iirifinii.,fecninists, "t thi:A;C:.L.X,F,TP00•414*.iiii4igthe iiiigious pen0e,endIocettashiesses. 1 --heaff*,,t6,0041000.0riiithill;Kenton-: :'•-.'gime iinqga*..that we're sending , • '•?;-"It's4Oing:'AniAlceiniagOlgcakg(T! 4"-"filibig.lisicked'Iii,gii'cotirk,i is 6r6itientei:ClotitsetiOtthlt•- •,-.•-..• tc'• that er"mann ea now:havel a • ' ! , relOintdialikliege4',":441.r4"'Illt"iskY '•cleat.direction: You can't ban these .,***,,,,.....,,,,.,.., types of•therAteir*.lioeirak•Oti.:000e . . , 4,iiectiii-Ns'onso.-P-P-'' 'wherestnefare going Ao be." . !I.- • . • . 1;:73tiiiiloii,drtiikl.'.itOrli"4,5'‘..1A*rene•e' ."•A' bitaineaiinnn,':.-Dier r salmi'', il OixlinanciAlfti..c pikTrillIJP..,.•Yoll'lileatfiniii; e,theateeinid'Matrix'tile •• • -,1,,-''.• --,-'-;', -- ' dalistill till'"iivi''all '71a wiguume -..,.riearlffoileSeein-titiaaddIftheater had ' 1 ' - H''' ' ' • • ' town so long as a theater's primary, .,.„ .. .,,. • ... .. , ,.. :beenOperatingle.had not noticed,.any bushies."51114atelIi:vailted'".•deterioration Of the area.. ., •-• • " [ , 1 • , , • prevent a Skid ltoW4ype,deterioration "I've had'Mote,problems with' the of mw•Own40n," ' . ---' ..hoides•ot'tiiiiiiiiini:coming in here Ittli. Warren said-Wrens.Of'adalt. with tliefi'Petitiona than I've had With • ' • theatei-s,,twoUld': kre better.acCess to • n, anSione Who geieS'Otiletly-..tpitriangilitQ , • ,1 1 - • ,' - We-area'aiterefth-eithetaeii are --- Abe ltenton Theater,' :Mr. SalliVain, , , - • . , . . • itowed.beeauSe-,it is nerir4reeviays. - ,,ogd;.,iiiiii a tOtaYllY:freOnarket goy, ,-.• :- , Poor hoshie4and,coqi.Petition'foi,m,, 'inid.,iiliat ibere-done.f.yith Oat Ordi- .! ..• . ., • .. '' . • ''. . • yideorttessette ogtoies4'not-the 'owl" .ninee is censorSidp; no.matter what 1 , • ,nance, are cfrilvhig.the.theater'from ',e1ie.ycgi call it"'.. • • ••' ;• ' .1 . . townvsaidePlaytinie's,attorney, Jack. • . ., . . . • .R.Rtarns;.:who argued-the-case before .. the SUprenie Court.--.:. . ,•••'',. . , 1 • .-"-- - • I', - .'ZP6i.f . THE WASHINGTON POST ities •AdultTheaters- Get � to, tstices Rule That Restrzcttons,DolNo , Jiokzte Free-Speech Protections ' ' . ,, -.4..4 .4;..14 d, .1 ,; ;..a.r • By Al Kamen not suppress'or "greatly restrict U.S.,said the testimony of two fed • W•ashington rag stnttwriter' r• 'F , access" to lawful..speech, but "we eral agents together before the ,� °r •••.' . have never suggested that the First grand jury violated,federal rules, Flee Supreme. Court yesterday .,• s Amendment compels' the govern- but that the'violation was a"harm- 'e cities broad powers to control q. •.: ' �1„ ment:to ensure. that adult theaters less�error"-because the trial jury.lat It movie theaters either by.con- <c4 will be,able to,obtain:sites at .er found the defendants guilty, ng them to one area or dispel's-• r s . bargain prices. ; Marshall dissented in_this case.. them!in order to"preserve the ,` ' ` ' . Justice .William. J. Brennan .Jr-, And in a.5-to-4!!ruling, the.court ility of urban life"; • - . .: Vf 4 k • joined by Justice Thurgood Mar- expanded the ability,i of police:'te n-a ?,to-2 decision, the court t A. £a ��' , 4,: shall, dissented, calling the Renton search automobiles stopped for traf i the city of Renton, Wash-,.:did• ' � , ;g .ordinance "patently unconstitution- fic violations. .Justice Sandra. Day •.violate constitutional.. free- 0,: Q > ... al.:,BBrennan,said,the city was dis- O'Connor said in New York v. Clas ech protections when it restrict- . `,� s =:...:. ;. ``�' r f , criminating against adult theaters that police could properly seize.a adult theaters to a-small, rela- • • simply because it did not•like "the handgun,;found after an officer.en- ' content".of the firms shown in them. tered a car to move some papers Hy isol$ted�industrial area. • ,� tenton's'ordinance was;not.in= .. ,. , The;court.majority, he said, was obscuring a vehicle identification Pp p,. s •: allowing the city "to.conceal its il- number. Lded.,"tdsu ress the ex ression , • inpopolar'views,"Justice William •4,..-;;;::4 licit motives.", Renton's ordinance Rehnquist wrote,but to"prevent greatly restricts`access to lawful ,: 'speech and is plainly unconstitution.- me,protect the,city s retail trade• • • • � ,d]`maintain property values" • - ,« -al,"Brenna�i said. [Id riilirig in City of lOnton V. - In another First Amendment rul- ytisne''..Theatres. Inc. .extended �VVII;LIAM II:REHNQUIST" inn, the justices ruled 5 to 3 that • I strengthened a 1976 ruling;that "'writes'for -fa majority California cannot-require publicly d Detroit could disperse adult ',• ' " • ' ' , regulated but privately owned util- city needed to show that.sileli.'a•re- Ay companies to include informa- ters`i>i!it wished. The effect of striction on adult.theaters'.was'nec= tion from consumer and Ether t.ruling was limited because a essary to meet actual,problems in groups in their billing envelopes. lority Of the nine-member court Renton,'not other'places.' ' ' not agree ree on a specific legal ba- Justice Lewis F. Powell Jr., in an , B p g Rehnquist wrote'in yesterday's •opinion joined by three justices,said icig it.; opinion that the"First Amendment 'the requirement violated a utility ' E. Barrett Prettyman, Renton's does not require a city, before en- company's First•Amendment rights orney,!:said yesterday's ruling acting such an ordirianhe, to con- "because it forces [the company] to es,cities a"clear signal that they duct new studies or produce evi- associate with the views of other t experiment rather broadly in dence independent of that already, speakers and because it selects the s field with their ordinances." generated by other cities,so long as other speakers on the basis of their Renton's city council, noting the whatever evidence the city relies viewpoints."The case is Pacific Gas iblems that adult theaters had upon is. . .relevant: .. ." & Electric Co..v. Public Utilities ised"in other .cities, passed the .Playtime Theatres. Inc., which Commission of California. Ling; ordinance in 1980—before acquired two theaters in Renton in The court also sharply limited i adult.theaters had arrived in 1982, said the city was in effect the ability of defendants in some r city rof 32,000 people a few zoning adult theaters.into oblivion cases to argue that their convic- es south of Seattle. because the small area set aside for tions should be overturned because %. federal appeals court over- them was;mostly industrial park and of improprieties during the grand ned the ordinance, saying that it already occupied' by other busi- jury investigation. Rehnquist, verit- y have been motivated by.a de- nesses. - , ing for the majority in U.S. v. Me- to suppress speech and that the Rehnquist said that cities could chanik, Lill v. U.S.and Mechanik v. - I . • • . . . , . . . . . '. . . . . . . . , . . X-Rated to-be_draw_ such-_theaters in the neighborhood. But Justice - - -----T'HEsuPREMEcoT_5eem5 ing•some important distinctions about, the Brennan in dissent is not more convincing when-he-- _ -- way_ government can limit pornography:On argues that a.local council can't limit adult theaters the one hand,it has sensibly let stand a lower court without expert testimony about their effects.__ ___ _ _ __ .-_ ___ . decision throwing out an:overly broad•antipornog- :'Elected Officials can be presumed to have a reason- - raphy statute that a coalition of feminists'and tradiL able idea of the effects on a neighborhood of a por- - tionalists persuaded the city of Indianapolis to nographic theater,just as they do with a slaughter- enact. On the other, it has upheld an Ordinance by,.. -house or a•drive-in.movie. '. ., Wash.`,sought.: ` Inter tingly, neither the court nor the dissent- which the Seattle suburb of Renton, �s)+8 � to cordon off "adult" theaters away from schools, ers-had•-much problem with defining "adult thea- parks . and residential areas. ter." By now, evidently, they all know one when The Indianapolis ordinance was original to_the they see one. In 1976 the court upheld a Detroit � point of wackiness. It.states that.pornography=, ordinance prohibiting, -concentration of porno- very broadly'-and vaguely defined-7-4 disdrimina-: graphic theaters:but with the majority unable to 6 tion against women because "its effect is to deny concur in a.single opinion. This time the decision 0 women equal.opportunities in society." It allows was a solid 7 to 2. - • .- any woman to enforce it by bringing a lawsuit seek The court's decision does not deny that even a ing injunctions and damages. It is designed to"en- pornographic,movies,may:be protected by the Cn courage vigilante.censorship of material.the Su- First Amendment. But it allows a city to cordon preme Court.has long_ruled is not pornography. A them off from other neighborhoods. The practical ltifederal appeals court said the statute amounted to.. effect :of this decision may not be.great, since 3 "thought control" and threw it.out. The Supreme X-rated videotapes and pornographic channels on Court declined to review-that decision.'. cable television may put adult theaters out of busi- 0'" In the Renton case, Justice Rehnquist's•opinion+ ness;anyway. But it does seem that the court is danced a little gingerly when it argued that the or- reaching,'without great strain, sensible results on dinance was addressed not to'the content of the a subject that has bedeviled it for more than two films but to the effects on the,community of having. decades now. . .... ... -.. - . .,:.:.,-..,.7..,,,..1."--::.....k,.,74! :,.",;...1.$41.. . . - ...'.,,,--',1.1:•••'..''''. .: ‘-'ej.. n':''.ill r• t ..1,;.,7 . .., ,r4,.?,:i3-,;,.. ..0--,0'.-- '01,:, .,-'',-4-. . • ' ..- tt ---r z.,. .. •• - ,17.---- ,,,..A7•7 .'• ii.",i:A 4.J::•• ,-•':,-,'..iire.,;%:-.V•Atorda- - go, ,.. ,-,..,i....4. ac... e* -...,, . . ...,.--,4--,,.,,,,. .. -. 7' . . .•.P.C9. , ....1:.:':. —.. i: :• , ' ..., : •; ,, ,. : B..7;(..•*,-- ,:'!'. .'' '''',F,. .,..,, • , ,, AL :,•;.--' ,.-L-0 • • . - '••.'' - • •• • .#N,L:,,,,:41- • • • L 't-tigeo" ' fling. .f,-:. HELY—fetr . -,, ,._.., .:,,,,,,t, • : ,, -., ,.. .,..-,::.. . -•.,,,-4-..,,,,,,:tv.,4.10.„,-. ...-4.-,....4,1.±.i , ., ,. .,.. . ..,,,lf.;.,...-4 ".; * 1, .••••,;;;ii'.,',,•. .t'"2:1.'. rti 7.1.i 4 8;1'; '..". '- ''''''''''''''' '''f'; • .,-.:7. ;1 . , - 5 eo‘---:-, oning - - F.., f..1.m.. .:.s 4,4 ...%.,-.•-,r,•:*:',1''''-.,''. ';.-": •'•r',4.:',. . •:?.-!..5-;,,.:Sit.1:1-:. ;ff.:"..i ..-....0q-AIli'lirweti,-44.?....,,k.-1-,t•• .:..,-,....;,•-,,,...,,,,•.,•::::.,..,„.:.„.:i,,,,;E•4544.4.1,3t1t-,,,,,„, 1...,,.-:,...•;..pr,•-‘..-.7i.;..'"_.,11ei ;-..d•-,,,F,..5„..i,,,,,i Nt_i vole:EA::,O,'''±7:',',-::,-,1,-4-.4„:4-3:.-=---7-t-ry-•:v7i:11,-..*-•,....i.,-,.i... etr•..„..i __ b., ..:....,-..i....-,......;..,.._-,,t..1;_4,-.4-?r-1-1.-ir--:„,-----..,,--.-1---.. t---4-•"-----•••••.-- - --; -._.-,• ...,.....,,r.,.,.„..,,...„,,,..4..1.„ti... -N.*"." '''.-14''“'-' -4.-,;,,.-vir-c•',By,STUARPIE,414.0.1k4A:i,-;:-!..•-•.,-.. ;;y.,,T-....4.1_........ .... . ,-.. ei.....;,1,.; .11`...'". . .., 'vi9. . • • ; ' •...•,. .-',- .,,,,,, ,..:Kr-•'..‘p.,.7;44'..:4,04i.&.%.:ga,„,.. ..:'"i:'''''''''''''''''ll' 11:'-'-4-' . -e:-A'1'-''.7..:11r* :!;',;5':•.:...Lt",-,,I,,!..,.,...e.'"1.7....2. :';;;;;;;!::::„:16:, 2:}1&*=*'' • *-;1-4.;.1.4"2"-TP.f."...1,4L4*•;.-144 :, - .''•,‘.,•.;- -- ,t,q14i•,..i;..":.•K•....:,...:.,-,....;::3-,;ei,:i. ip,,,:i.,,,e,,,, .11t-e.. :.ie,k1..,..4"eico-ntinnedFrom Pag - '- it.','. ....i.:;•.-,;;;`.;,),„..e.1.-,..twir.,,,J!..p,i "..**''-'4---:Al 1.'::' 'kis,...';::;.. •.‘iffittl1;:i4AU.,-.''''t:::•eng- .-L•;• .,,'• -••..7_,• n••••.,.• •:•, '..,..f.:M*),•:',,•,•:,..•,•,-•,•:w•<•::•.::: ',,*M.:*K:::i • ,t,k.'"-I•!..=:* ,.!••,,.;•:41,.:11 .4iac.Al: • _ .•. .•. .....:.--•. ..4,;:, .4.14,•••70.::.:4::::i1,............... .:,,,,imKri:i* '-''l'... .7:‘ ' •- '• . •'1" - ' speciai to:NeW York . self and five oihers,it does not reqUire preme Court held tcxiay,that.'local zon- zoning iipdei?Which,they..1.'will.be. able. ing officia....„have.:brO,.. ad powers.to.re-,. to..ohtain. sites, at bar.,gn pricPs• ' strict-the".1Ocation::or.M'iiv.ielheaterg... 1,;',:katiii•mondaY,•in stnIcthg iiciwn- an In.di- . ,. lttitlz:A-.._----,,,41.'r...'",“4"'iT.0.51."'"thrill- ed that.the,...:( '.;'"."-:" ...:::•15,:,:::;.':...ii.i91.0..(.6.%.Moetvs'; '...mii',: ,g..... 'dank'me .,,, ,.7,„ ----. . .4 . 1..e•41.--.1;. „;;-• ..4,,,•.i.R,,:l.........-K4:,....4,6,0%0.:*;„ •,4,,i: • . ,-;.ii ----*-".-- . • - sex:- . : .,,.i,....i, .-.... ......, ,,i'i...1,,....Ags,:itm,..,,ii.„4,: -.. ,ia,.: . -.1' flispAmendmentiprotects most , 1 ......,:4..,e., ,, `-).e''*'• '''"' - "'.-- • from -' outriah-t' . . tilf yeiiiiieicaterials , . I .'.,,,,;,::;'•.?:)..:......:M1.*;.".:*.Vkgr- '.% ..*34C't 4,' ° . '..3.''''''A'. • : - : • I. ' t,;_.'' :k0Chirtiralliiigl..*.,,ISIe9pinSiSe'.•'. .' '''1!• 0.e..k',.:'4N..:'..:511,.i.4;',:11:0M:Z'iie;,Z' - .;..M• showing sexually-explicit films. 'anapolis" slat: ..that .olitla„.viedT P°.. _1'0°- ' ., •-,4t a-gen' iiiiimptit,,,,,ititsli___„eaaffirins.that thet•. :t:m..,r.X..;,,','..•-•••%••.i??.,:::;(:;.: •:.,;,4•••'',..;..-:':,A;;.:.',' -,•,e.,i;-$!,, , ' *'4'''''' """''-'''' '"."1*-----l'imv*,''.li*Cit Matert.I; • tki..,10'.:•'-'4',•;:••••:•:•Agil.A.,,,,ti.ii,. ..,:4.;.:': • 'Extending...a 1976 decisioa ,that ,a1- graphIc.,ma enals that subor,clioOte o'fiei cliiiiiiiii Sca- „,r r teiktiiiffordsAttluai.Y.,..--,,,,,,,_--; .,_,,, ...." ..,.•.•.!,...1,:i...•:•:',', ,'.::4, ..4:f:;i''.1 :.'‘.1.v, ..;.: -:if, '..3t,... .1„,,g,,r,4,„4,44rafevotiopiCtliati:other'llunas, .;w:J:.: :fa,,..tim,..t;,o-;ar,60.:•.'::: '''''"'' ,:gEig. loown.ed.Detroit to prevent .".s,kid rew" women!.as•a„form , . . .. . _.. ' -• ..,....a-ii-,,....,. ,,,,,,,. _"r, '".',1)' - -n•••• .1•'" k'',;::**,.4:14e ::::::!;:f';;;.!.::.ii].0.c.,A,:,i,,. :..::.,Nk . -.. . ''''i'''' mt.'-" '0e-clan political speec . • e •:. .•**ww;.0•.-......,,,,,%,,,,,,.:. ..::...1.;.c.:::,., .,.....,.... c' .centrations. of adoltp.ea,L_tizet•lb..y diS- . .. • , .. 0.,c01 t . persing them grou.ncl.m.g.,cikminAcoUrt. j.l..o,„.,,,atio.,:.1I,e(..t.., ,,.0.,,.,„rP...r..A.!..t.;...?-',..?„.v...01111-1 _, ''';‘,', -•tiiitZruilleYArsPd.;,a Fc'-'1_,_Pr.it_sfi.PPPf`.." ''t.114,g$,PARag0.1.;t:' :..,1,4!!tiPf. ' ruled that..a owattia.Y.lini zc.h„...b.th,'ea..,. . ..4::'.' iateVeaniritlia..tit?uqd,P.YiII...1!•''., ;€2,_ :.;r.''''1. .MW51'.:',.:„-,:°"1.: - : .'"*"910V.7.:. .;'..N.004. .fof tne Firse, ... . .,N;;:4140,,N. :4-i°.i.,....,.•,.,.A.Ve.,••., ..,•••:.•.r...c..,..,e,:...;:.,, ters to a small-are...i.aw,atfy.o...rfj..lx7.7,.,, . ., .vingp,wiu494„,„$,,r.f. -,--.,.. :.i,..i.„.,•.,,„,..,-;.A ---i.,4:-,44 i,-..::::ggiihttoat,:iekifk' AkiliXe]-& • schools, churches,and•'irks....';' -., . ...• 1.- 'Xm---alidnientlighuitn'IT? '7'7.'".71.- -'' •••:. 14:;;Wfv.O.ft•iibik..,,• ..,,i.'.....r...;',::?*.•, :w The Justices „atm' ounted..!:s'evara..1. other deciSions today, hicludio4..their tstateStannot reqUire.utility ,ei.-' 'th'e"danialcirv'ged*Ii;Ream,.. 1f.!i?.:1-'...1;. ''.•*1.J'.:11111.14.P!':.. 1111111 1447; '"'"AlilVed..ilirafeVtiffi-fetigth.ailUlt . ...i..>,, ;-..-•:.,--.. ,. ..,,v,,„„:..,,.,:.„,„,_ • '`,..,,,i' '-%-vAlt4-.114,10'.i...,,V1 '•Yi•POf 4?PniAg,. inter''''' •1:f.V.,!'r- eeiiel, l'411BOR' tketr-h,,-_,.kgIt'VJO3I- . . -;..,.,.... 14-41**.',1' .1%,.:**.• -...,,..,.„., - crtilominpgathnie,s,;%iilinClude in their bil.fing en- Velopes theraessages•Of.groups with. ;.e.,.......-...e..--i, ,:o.,1:,..r.• 'k",?,,'....g.,:i ,•A'4•• which theitdiSagree. [Page A204 , . Limit on.protection.Reaffirmefl• . - . itlr'exp;lmaurt.oe, atfeeth,. eR.oesitit17..;,..,,,,, * '''kk''''''Wfitflits tent**I4 designed.to,p.&;:-.; :,::..,....4.,?4."-§gi. ..,..•••bm... ...,er.....k.::•-•.k:' •:-..,i.•„.cft•. . . • N.!'...•snall--5 . ,, ,--,- ... • e -J..-- - ,7,446Tit:cr1fri_i'Vr011 , *OPV,..,„ PIP PitY's ;', ....-... ,.:.: • ...,e,.. .• ' - • ' Assoaiderdi;riss • In the sex ine,casP,:..PI ,P,,r‘7,!'.;'.3.- -.17: - ''.4thitnteitalliroPerty values"and •"•.'«eth.arffumentstya, tice majority.-relP91. ,...0.-,F,„7-7-‘•- •-•,. - . ,,,,i'.;;,4.--,.77-040-eze.ge;-y•-ift..,- --ticcitpee.75'''17:1!the',O.,ital, .ity :Of' ...."2,As.soc. iatot;...4usiice WiMard• H. . theater owner thii..,4,th...,e,,,,zo.,riiiie...offrcli-.. . • Ile • ' 1'.'• ' ' ' case'. nance•in Repton,.",sfy51S:hA, tIlight.• •,O.S.,. , • ..4'.• ilia'',fsaidlg e•,b ance was wroningte majority • tively ban adult th.:e**a.„terl,',,alt.ci„ge,,th..er'.'by . ' . ••ir--.....,*-.1. it',orth it,, e films --• ' ' ,Iiimediat PSP,P,,..,7,. •• -_, ' =..4' -..ft t, ', . ,.. ,,,:,,, - .,. .,..1 .• • . - restritting them tcraii.41,1,44striail4reas , •'-.-idgifeato'svilencegooPoPular vieW.Ppe".; -...-.1.-;-.1 , •f".--• 2:.. . :.. _. • ,_... ...t.e., ...„•,----. t., -i•.eit i es where no"comnie,rofiloyMay.P.,„.„, ..,,,. ... .. , . '. '..;.Y.Iiiiew-as'''rctlarce7rilird. "the sacondaq• beennio.'fifsitientS;,;were offended .oy were available. . .1.--....-._,..,..,4 .:..,........•:•••:e• . ',.:• : ,...,,, i4j0Ich,tikeaters:°n ilmi..„,,,„"s.-Pr'''. th•PCP '''''.''''' • t. ; While the First Aniendment•gtiaran- . . •" ;,zoondrokanniiiiMitir%;"including------. „•: ..-.-Jasti, ce. Brennan,, ., ..;sai. d the notIon thta .:.• -tothirdretraiiiftkieieborhood.b.light. • the zoning roorktfon was necelSarY o t sexually explicit entertaimnerit fa- i cilities "a reasopable 'opportunity to ' .:4'.::* ',..c...,.....L".....;-.0,".:...;.-..1,;'.'?.rw.".r.,7*It414-7:7.Dipse..ti.,t i, ' .,-,..".,..... p'grav,uietent.speck4neik,httivheaod.conhclusalitop7,as, a. . . open and operate," Aisociate Justice '. •kbesS6C-tailNINteetliVilliiiiii-J -,!• 'A. Y _ _._ . William H. Rehnquist-1,vrote for'him- 4* •n-ilan.--eirg'..".•*9F;otid'''''.441!,(6:*iiied*-'1.14.1,111°11Alsgaidissenta'edeilllifneel: iltii6loatrip...os.diaaO.C.,e P--...Y.-.„.,,..--Ai.ifese-iniebre.nponttunty for a ,th .31,etiLsoeviii:ediSpiiceutaneddthustidemaasjoril- ' •;:iii:,,,-..----;',..,, ----, . , „ 1_,I• ' en trosSeronitiii. t!tli...e.aidition.dticet,le_fet.:... • ed With the majoritY.in th ..ite'ititaLleetti3vneloyf iamiltsv.i.'fio-.L.:Ity.4..itAssocta_lo opeteralts:.u.',.ce,• Bany..A.Tioack_e .:•• ;...thenwtiiiiii4,,0**-0110,"'ively•I•ozi'the'coil,-",....,.M..,un.e,Tcrty a Rentpn.v- ..jlaytime_Thea.,,____ hi._ tres(No.841366),bathe did not join in. * 'f:• •IiikeakitinSal,t.. ..--•,,, , • . . - - i 1 , Justke . • .... • •• - i ..•,..;.'1....stiptiorY,.,0,,,..iiiireci,,,,,d.„re,th,ffeect.7.,,con:r.all_tethtoo.wfedadauidtesmiognviest2...,_ .,....exp_..rain„.. .. ,.. .. ,. . . ;•.e. :-..,...r7„- • _ ,.-. . . . . .. • • ..... ___ ... r • .. . . • . —7-- -. . • • • . • A OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON ,,/ . POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8676 'o 0 VIIMMII LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY ° DAVID M. DEAN, ASSISTANT CITY ATTORNEY 0,9q .60 SEP1 -O�P MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY February 4 , 1986 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY Mr. R. W. Wohllaib Regional Audit Manager Division of Municipal Corporations Office of State Auditor • Legislative Building AS-21 Olympia, WA 98504 Re: Audit of City of Renton Records for 1985 Dear Mr. Wohllaib: Below you will find the annual discussion of pending litigation , and claims involving the City of Renton. The listing will first discuss those cases in which the City of Renton is a defendant and the latter listing will discuss those cases wherein the City of Renton is a plaintiff. In some instances the City may be involved as both a defendant and a plaintiff and those will' be discussed under that section indicating how the City was first named in the litigation. Defenses: 1 --P Asa G. - 9 a a De Inc. o I his case was argued to the United States Supreme Court on November 12 , 1985 and a decision is pending. Should this decision be unfavorable • to the City, Playtime Theatres, Inc. will have a claim for attorney' s fees and other damages under 42 USC 1983 . Figures have been mentioned in the vicinity of $300,000 .00 up to $500,000 .00 . 2 ., Clark - Dismissed upon the City' s motion for summary ' judgment. • i I -r • Mr. R. 1W. Wohllaib Page 2 February 4 , 1986 3 : Kalk - Settled by insurance company. 4 . KSLW - Argued to the Washington State Court of I; I Appeals ',in October of 1985 and a decision is pending.' The City won the case in its entirety ! in the trial court and there appears little likelihood of reversal. Should the case be reversed, the City is faced with a claim for damages bf approximately $500 , 000 .00 . Si Nancy Jean Cottle - Scheduled for trial in March of 1986 . Any damages are covered by insurance . There is a claim for damages in a one car accident; allegedly caused by ice on the roadway. The facts indicate that the ditch was blocked by workmen not' within the control of the City. The City' s liability appears rs limited. 6 . Coselman - Claims damages for physical injuries suffered, when a police officer allegedly used unnecessary force to rescue a drunk from the • Cedar River. Also claims damages for civil rights, • violation. Both claims appear tenuous. No trial date has been assigned. 7 . Harer d/b/a Bryn Mawr Properties - Claims damages to property caused by allegedly improper road re- , I surfacing. Plaintiff has no expert testimony and can point to no reason why the damage would be caused by the road resurfacing, outside of proximity in time; between the resurfacing and the flooding. ; Claim appears tenuous. Plaintiff may have abandoned the claim as there has been no action on the file for nearly a year. 8 . Gudmundspn - Settled by the City for between 40% and 50% of the claim. 9 . Pamela Small - Claim for extra compensation for construction work when hampered by rock. The claim 1 was dismissed after arbitration and no appeal was , filed. 10�. Clark Gibson - Claims damage when a minor riding a bicycle ran a stop sign and was hit by an oncoming automobile . The claim against the City is that the City permitted an overgrown hedge to exist on private , property, which blocked the driver 's view. Photographs;, from the scene show that the view is not impaired. This case has just been filed. • Mr. R. W. Wohllaib Page 3 February 4, 1986 ; , 11. Frost - , Claims physical injuries caused by . bridge railing going through the window of an automobile in which Frost was the passenger. • Both driver and passenger admit to drinking and the driver was legally intoxicated and subsequently convicted of driving while under the influence. The claim was filed in 1984 with suit in 1985 . The Plaintiff has sub- sequently died and Plaintiff 's attorneys have indicated that they may dismiss the suit. Plaintiff' s death will greatly limit damages in any event. 12I McGerry ,- Claim was tendered to the construction company which has settled the claim. 13 . McRae - ,Sought repossession of the theater Buildings involved in the Playtime Theatre ' s. case. . There was no City liability and the City agreed to an order which preserved its rights in the Playtime Theatre ' s case and yet still involved no expenditure of City funds. 14 . Jackson 'Development, Inc. - Seeks return of monies under the City' s Systems Development Charge . The Court has entered an order finding the charge illegal, ordering it refunded. The City is in the process :of filing a companion lawsuit to recover water and sewer connection charges. The City has also preliminarily decided to appeal the court decision. The amount in controversy is over $200, 000.00 plus interest. 15 . Betty Bailey - Multimillion dollar claim for violation of civil rights. The claim was that certain City officials conspired to fabricate a criminal charge against the Plaintiff. The Plaintiff appealed the criminal charge all the way to the Washington State Supreme Court, but was not successful. Her lawsuit in Federal District' Court was dismissed upon motion for summary judgment and there is presently an appeal Pending in the Ninth Circuit Court of Appeals. . This claim appears frivolous . . I I . I it • 1 ill Mr. R. W. Wohllaib' ! Page 4 , 1986 February 4, 1986 16 . Pemco Insurance Company - Insurance company claim for reimbursement for damages paid to their insured for running into an allegedly improperly placed gate . City was dismissed without payment of funds. 17 . James Beirne - Claim for damages to an automobile for defectively maintained roadway. The case was dismissed at trial. 18 . Nicki Nisco - Claim for sexual harassment by female police officer. The claim was settled for less than defense costs . 19 . American Memorial Services, Inc. - Claim that the City had improperly denied permits. After certain negotiations, Plaintiff ' s attorney withdrew and there has been no action to perfect this appeal 20 . Melinda Lindsey - Claim for damages for emotional distress due to false arrest. The case was settled for nuisance damages. 21 . Tunnel Systems, Inc. - Claim for monies due from Municipal Retention Fund. Sums were paid directly by the contractor' s bonding company. However, the City has maintained a cross claim against the bonding company for certain work that was not done adequately or not completed. 22 . Roger Williams - Claim for injuries sustained in an intersection collision. Claim against the City is that it permitted trees to grow over a stop sign obscuring that sign and leading to the accident. 1 Damages claimed are in range of $100,000 .00 . Plaintiff has potentially filed his claim after the 1 statute of limitations and without a claim for damages being filed before bringing suit. Payment of damages by the at fault driver or her insurance company should significantly reduce this claim. 23. Steven Presba - Multimillion dollar claims for violation of civil rights . The claims involve police harassment, unlawful entry by police onto Plaintiff ' s property and retention by the Municipal Court of bail money. Plaintiff is a self-styled "constitutionalist" and has acknowledged as acting . as attorney for Betty Bailey (see claim above) . , ' These claims are frivolous in the extreme . Mr. R. W. Wohilaib Page 5 February 4, 1986 24 . Bonnie Schrum - Claim for damages to a sidewalk and driveway due to construction practices . The dollar amount of the damages is slight and at least part of the damages will be covered by a contractor or contractor 's insurance company. 25 . Harley Hudgens - Action to compel the City to disclose certain police records, for penalties and attorney' s fees . The Judge ' s written decision favors the City of Renton and this suit should be, dismissed. Plaintiff: 1 . paa "hep ff(g@ Ugo - Ongoing suit seeking recovery o unpaid admission tax by Playtime Theatres . If the City is unsuccessful in defending the Playtime case before the United States Supreme Court then any amounts recovered in this suit will be offset against the • damages in that suit. The City has reduced a portion , of its claim to judgment . 2 . Clarkrich, Inc. - Seeks to require construction of, certain promised improvements and recovery on bond if the City is required to perform the work. The action is on two bonds and the City has recovered the necessary funds under one bond. Condemnations and Acquisitions: 1 ., Greenwood Cemetery - The City is seeking right-of-way from the Greenwood Cemetery for construction of an, additional lane to N.E. 4th Street. The City has use and possession of the property and the compensation phase of the trial should be held in 1986 . 2 ., Honey Creek Sewer Right-of-Way - Power easement to be acquired. The City has obtained an order of use and possession. It is unknown whether or not the property owner is seeking further compensation. There are several other property acquisitions being pursued by the City but 'they have not resulted in litigation to date . _ I t • 1 I Mr. R. WJ Wohllaib Page 6 February '4 , 1986 There are miscellaneous claims pending against the City, none of which, to the undersigned ' s knowledge, are of major financial) significance to the City. Several claims have been filed in 198 : that may 'have financial impact but as of the date of this letter' they have not been fully developed nor have lawsuits been filed.• ', If you need any further information on any of these suits , please let me know, Very truly yours, //Lawrence .J. Warren I � I LJW:nd I cc: Mayor Finance Director Council President I � • • • • • • • ' I I I i I I I � I i I ! II • . PIA VIIV4 Renton City Council lip 40 12/2/85 Page two Public Hearing continued 1 1986 City of Mayor Shinpoch provided a report earlier requested by Renton Bud.et Councilwoman Mathews regarding bonding capacity limits through continued the year 1990. She summarized changes to the proposed budget including loss in Federal revenue sharing funds, and increase in unanticipated utility connection charges of $600,000. :These funds have been returned to the budget to implement utility construction projects earlier deleted. Councilman Stredicke supported using these funds to reduce utility rates rather than fund utility projects. Mayor Shinpoch explained timing and scope of the construction schedule for the Water/Sewer Rehabilitation Program, and indicated that any diversion from the original plan will result in increased costs at the end of the $24 million project. MOVED BY REED, SECONDED BY HUGHES, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY STREDICKE, SECONDED BY TRIMM; COUNCIL NOT ALLOW RECLASSIFICATION OF THE COURT ADMINISTRATOR POSITION AND REFER THIS MATTER AND THE MATTER OF ALL RECLASSIFICATIONS NOT INCLUDED IN THE PRELIMINARY BUDGET TO THE ADMINISTRATION. CARRIED. Moved by Mathews, seconded by Ke1olker, Council transfer funds in the Green River Wildlife Account in the Legislative budget to the Wetlands Account to increase funds to purchase Valley wetlands for P-1 Channel . Motion failed. Stredicke inquired if the proposed budget reflects policy on advance charges to the public to implement fluoridation program. Mayor Shinpoch and Finance Director Bennett reported that the fluoride program will be implemented in exactly the same manner as any other capital improvement project in the City. That procedure requires that rates be in! place in advance to qualify for funding from the bonding company. The 1986 budget provides for implementation of the flouride program per the mandate of the public, and reflects information regarding charges necessary to effect the change. Councilman Stredicke noted escalating water bill for service at his residence over the past three years, and questioned 1 when costs would be reduced. Mayor Shinpoch reiterated ' comments regarding the Water/Sewer Rehabilitation Program which requires utility rate increases of fluctuating percentages through at least 1990 to upgrade existing lines throughout the City. MOVED BY REED, SECONDED BY STREDICKE, COUNCIL ADOPT THE 1986 CITY OF RENTON BUDGET WITH AMENDMENTS. Councilmen Trimm and Stredicke opposed water rate increases and preferred using $600,000 from connection charges to reduce rates. MOTION I. CARRIED. MOVED BY REED, SECONDED BY MATHEWS, COUNCIL REFER THE MATTER OF HISTORICAL COSTS OF UTILITY CONNECTION CHARGES TO UTILITIES COMMITTEE. Councilwoman Mathews clarified that the formula used to determine connection charges is based on historical costs and requires re-evaluation. MOTION CARRIED. AUDIENCE CO MENT Pen sets with U.S. Supreme Court insignia were given to Gifts from Mayor Shinpoch and each Council member by City Attorney Warren. City Attorney He noted that the gifts, purchased by the law firm, commemorate the recent Playtime argument. 1 CONSENT AGENDA Items on the Consent Agenda are adopted by one motion which follows the listing: Phillips Claim � Claim for damages in the amount of P 9 $30,000 filed by Rocky L. for Damages Phillips for Joseph Daniel Phillips, a minor, 6825 East CL 57-85 Swathmore, Anaheim Hills, CA, for injuries/emotional trauma sustained when claimant struck head on standpipe extending from Century `21 Building, 321 Burnett Avenue South, alleging negligence by City in approving placement of pipe (3/25/85) . Refer to City Attorney and insurance service. McCaslin Claim Claim for damages in the amount of $7,601 .06 plus interest at for Damages $1 . 15 per day filed by Joepete McCaslin, 17636 SE 123rd Place, CL 58-85 for recovery of latecomers fees plus interest (7/12/81 to present) . Refer to City Attorney and insurance service. 1 I t O' a,C' OF R CA �� OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON %0 '� 'z POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8678 o inimp R.) LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 90 `O• DAVID M. DEAN, ASSISTANT CITY ATTORNEY O �P MARK E. BARBER, ASSISTANT CITY ATTORNEY 9�TED SEP�E�: ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY November 27, 1985 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY LW UO TO: Barbara Y. Shinpoch, Mayor I,/f v REC rVED Members of Renton City Council FROM: Lawrence J. Warren,City Attorney • NeSDEc J 1985 CITY OF HMV o ON RE: laytime MAYOR'S OFFICE Dear Madam Mayor and Council Members: Now t at the Playtime case has been argued to. the Supreme Court, it is going to be a long wait before we receive a decision.. Despise our perception that the argument went well for the 'City, that is no assurance that the City will win. Until such time as we have a favorable Supreme Court ruling, you should be most cautious in making any statements to the press or others about this case. For example, if a statement was made that the City' s intension was to ban theaters from town, that statement revealed to the Supreme Court would seriously damage our case . Since you have all been so careful in the past, I am sure that you can maintain your very excellent record in the future. For your reading pleasure you will find attached a copy of the transcript of the oral argument to the Supreme Court. Of course, the written word is not as dynamic as the in-person presentation. However, I think you will get a feel for how the argument went. Should you have any questions, after reviewing the transcript, please let me know. Once again, let me state my appreciation for the exemplary mannef in which the Council has conducted itself during this long and trying case. Municipal attorneys have expressed surprise to me that the Council has been so discrete in this case, and at the same time so supportive of our legal position. Without the Council ' s uniform support our task would be a great deal more difficult, if not impossible . I am sure each of you has been tempted to speak out on your personal feelings or to take eredit when the City wins. By not doing so, you have made my takk a great deal easier. If we win there will be credit enoug for all. Thank for your help. Lawrence J. Warren LJW:n , r, /, ai,th (7 i , (ai-.e- l .r A $A• '1 ,,. :ili •- 1 , t4A Jrfy--,Y:, . •. t ry - r r . .. i1 5 � � ,- , s 1" t e " RE 'SUPRE (E CURT OF TWE UNITED STATES ` i._ • /Ct'1.7E O: 84-1360 , C CITY- OF -RENTCN ;- -ET-- . , •Appellants--V'. 'PLi YT E�E. .y 1 LL. THEATRES, ;.. INC. E -AL.. . _ , i.AcE Washington , :D. C. 4 - - Noirember 12, 1985 ' .... =• -- . 1^th= u :53- _•a ' - • _ * S'.': • 1 T'• T T• tom_"_v_ .. - �20Z) 528-9300 ' - . 20 F STREET, N.W. WASH N iTON, D.C. 20001 :',I,..,!--- ..-.::: Y:,,:,'';,:,,,----,,, ,y--,,;::.. ...2',,:!,,, -., H,.,:-, y ::;..--.:,,-, ::,-.::::'w.,-:,- -_:::. --'-7T • .. .,... ._.., . . .. . . . . :, - - • . .„,,,. 1 , .:-. .,-.--._.... .. .- _ _ „... IN THE SUPREME ,COURT _OP 'THE UNITED 'STATES - ',.:',.:::.-...:..:: -.• ..-..-, _ ,-. .: • .• .... :.,..- - • . , . ... , . ... .... . . - . . . ,.. . , ' . . . ...--..,-.. ,!'..:3 - .-. .:CITY..';OF....:RENTON, ..ET 'AL..,- -- -T : -. -.. : ' •-• . - .. .. . .... .... ... - •--1- . .. „ ... . , 4 . ,. . . ..,, .. .... . . ,:'[. . . Petitioners . •- . .- : • - . --... .• . ,. . _.•• . ..-.. .. „ . . . No. 84-1360 -.---'---'?',J--:.;-. -- ' •-'-•-,-:' :fi v• . -- .. ::' -- --•- - -, • --, - -, , !,:.:...... ,=_„___.,,-:,..1____:,..ft,:=E.-_-,,,,-.7.:,....____„.... -_-_=.-.7_7-5,,,,m.„.,.,:.,:-..-.i-....-... .7...-:_:___:,.,f"---;::---:::.7.:.-- .-I-_-2-.:_:,:,.,-=.---f-=:"-.-:--::._.-7--L--?;'-:.::---77:,.,:'.._:.---_T__-, __-_.:-.,:-7-7:.,:_---..--_-_:-: -.:_,----,.:-.•-_-':_=:;:- . -;-_.!::.:-:=-:-.-.:-.-,,,:::= :-.--;-:. ...._ •-•,,, ...-_ - . - . .. PLAYTIME THEATRES,'...INC., ET .AL. , ' , : , . • . .. . .. ..- . : • . - . 7 . - ' -X . - . . . • • , . . . . . . • 8 . Washington , D .C . • • - . • . • Tuesday , November 12 , 1985 9 . _- .-.--. . . • . . . .. . .. -The. above-entitled matter came on for oral . • ,. 10ii . argument before the Supreme Court of the United States 1 12 at 1052 o'clock a.m. • . i . 13 . . , ...; 14 APPEARANCES; • . ' . _. ....- _ - E. BARRETT -PRETTYMAN, JR. , .ESQ. , Washington , . . • . . . . 15 . -D.C.; on behalf of 'Petitioners. • • . . .. . . 17 JACK R. BURNS, ESQ. , ,Bellevue, Washington, • 18 • o.. behalf of Respondents. 19 . . . 20 , _ . . ._ . . . . , . . • .21 . . . , . . . . . • .. 22 . . . . . . . . . . . . . • . 23 . ..' . • . . C. . -- ,e _ - . • 2 • 4 . ... . . . • .. _ . • . . . .. . . . . . .. • . 1 . • 25 ... 1. , • • • • • . . • • . , . .. . . Ci:.:--•';:;: . .. .. . ' - • . . • • . . . . . .... . . .. . .. . . ''• ' .-;. ' '. . ' . . . . ...' - ' . '' ' : '- - .ALDERSON REPORTING COMPANY. INC. ' - - - r ' - • - ...... ...... . , .. .. . .. . . . . . ._ . . 20 F ST., N.W.,WASHINGTON, D.C. 200.01 (202r6284390 - i— .. '• ' .:..., ' ' ; ' 1 . • . . . . , ... . . .. • .. . . . ... . . . .. .,: • - • , . . . , . . • • • - • i• . .. - - -•• . - • . . • , . • f .. .:C 0 N T E 1T S . FRGE _ :: 2 ORAL' ARGUMENT OF 3 E. BARRETTPRETTYMAN, JR. , ESQ. , • 4 on behalf of the Petitioners 13 ,5 :JACK R. BURNS , ESQ. ', -'..J 6 on behalf of the Respondents 121 7 E. BARRETT PRETTYMAN , JR. , ESQ. , 8 on behalf of the Petitioners - rebuttal 47 9 10 11 12 13 , 14 15 16 17 18 19 " I , 20 I ' 21 22 23 24 25 . 2 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WAS;IINGTON, D.C. 20001 (202) 628-9300 . { , • ' ' " "L ; • - "„ • ' , " • . ' -,„ , , • „ „., ' , - • . :- 2 CHIEF JUSTICE BURGER ; WQ will hear arguments ' 3 this ',morning in The City of Penton, et al . v. Playtime 4 Theaters, Inc.,Inc., et al. Mr. Prettyman, I think you may • proceed whenever you're ready. „ 6 MR . PRETTYMAN- Mr. Chief Justice , and may it 7 please the Court: 8 ' •This case, which comes here from the Ninth -• • 9 Circuit, , involves an attempt by a small city in the 10 State of , Washington to zone adult theatres away from if residence, churches, parks and schools. 12 You 'll recall that in 1 976 in Young v. 13 AmPricanAfin Theatres, you upheld a Detroit ordinance 14 which treated adult theatres differently than general 15 fare theatres because of the adverse secondary effects 16 caused by the adult theatres. 17 The City of Renton's attempt began more than a i8 year before any adult theatres had actually come into 19 the city', but the secondary effects of these theatres 20 had been perceived nearby in the State of Washington, in 21 the City; of Tacoma, in the City of Spokane, and just a , 22 mile to the north in the City of Seattle, which had had 23 its own case which had gone through the state supreme 24 court. This Court had denied certiorari. The zoning 25 ordinance in that case has been upheld . - 'ALDERSON REPORTING COMPANY, INC. • 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300' • • ; , • :;' . ' • ' • ' : , • 1 7e, :::: .,,,,RentonHwanted-to deal with this problem before 2 it 'became a -.. prOblem.` • It wanted to obviate these secondary3 , -effects before they ever got into the city, " 4 because, 'quite :candidly, some other cities, as a result 5 of Young, bad attempted to deal with specific situations ; - ' 6 in front of them, and those ordinances had been struck 7 :down. So, Renton, during the following year, the 9 City Council, through its committees studied what had 10 ', happened in other cities. It looked at the opinions 11 that had come down in other places; not just in the 12 State of Washington but in other cities as well. 1311 It held a number of meetings. These were 14 II public meetings. In some of them it listened to 15 citizens 'voice their •-.:oncerns. These citizens were not . '16 only from -Renton but froth some ro nearby cities. 17 And it finally passed one of three 18 ordinances. The firs:t ordinance prohittea the location _ 19 of adult' theatres within 1, 000 feet of residences, of 20 single or multi-family dwellings, churches, or parks. 21 As to schools, this first ordinance provide : 22 that adult theatres could not be located within a mile 23 of these schools. That was later reduced in the ,second ordinance to 1,000 feet. . 25 After the first ordinance was passed, ALDERSON REPORTING COMPANY, INC: * • ' "-- , -20 F ST., N.W.,WASHINGTON, D.C. 20001 '(202) 628-9300 - - ' • ,, ••, '; - - • , - - -• • _ - - • • , • -- 1 Appellees, whom -I 'll call Playtime, brought a suit .in 2 - Renton seeking declaratory judgment and an injunction 3 ---based on their 'First Amendment rights and equal 1 4 protection. And they ,shortly thereafter, virtually within the; same week-,,2b ougrht two existing general fake • 6 'theatres in downtown Renton , in one of which they sai 7 they intended to show adult fare on a regular basis. 8 The result of our second ordinance , when you -drew circles around the ' areas that these theatres could , ' 10 not locate next to, in effect created a. permissive cr - 11 - set-aside zone in the City -of Renton which consisted of . 12 some 52 0 acres. This is, incidentally, a larger area 13 than the entire commercial area of the City of Renton , 14 and it is more acres than all cf the multi-family 15 'residences in the City of Renton. • 16 , The district court said that -- .. 17 QUESTION: How many square miles in the -- 18 MR. PRETTYMAN: Pardon me? 19 , QUESTION How many square miles in the city? - 20 MR. PRETTYMAN : It's 15 .3 square riles , You 21 Honor. • .•••• - 22 QUESTION: And 520 acres would be somewhat 23 less than a square mile. 24 MR . PRETTYMAN: Yes, sce. It's enough for 25 over 4 00 theatres. That's undisputed by the other side, . • - ALDERSON REPORTING COMPANY, INC. - 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 • -• • r'''zr 't - ' • - ' " "1 1 Your Honor, ',including 'parking -.lots. 2 QUESTION; Does the record show us whether 'the • - 3; -City considered the ;-commerCial suitability of the 520 4 :.acres ::that were set aside for adult theatre usage? MR .IPRETTYMAN: :The .City's :real :concern, was with their .being too Close to the prohibited ,,areas, and 7 I think it's fair to say that the record does not 8 reflect a concern as to precise -- . ,; QUESTION: As' to the suitability of the io _property that was available for that. • MR. •PRETTYMAN: Except to this extent, Your 12 Honor. . Mr. •Clemmons, our policy development director , 13 who had been with the City for a number of years and was 14 thoronghly familiar with the City, was constantly 15 • advising' these committees of the City Council, ad conseguetlyI assume that he knew and was advising them 17 about the nature of the area that was left over. 18 The City -- Rnton is a small enough city so 19 that the' City Council is, I think , thoroughly familiar -- • 20 QUESTION; Is that part of any required • 21 consideration , .do you think , to uphold the validity o a 22 • zoning regulation? „ 23 MR . PRETTYMAN: Let me put it this way, C " • Justice O 'Connor. I think that it the set-aside zone 25 was entirely, totally unsuitable to the extent of being 6 . - ALDERSON REPORTING COMPANY, INC. 1' - 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 , . , • „ • 1 unavailable -- If I can use an extreme example, if it : 2 was an island with no bridge that you had to swim to to , 0-, 3 get to your adult theatre, I think that would be (tery 4 quite relevant. 5 ,But I think where the Ninth Circuit went wrong- - - _ - - 6 - was in saying that just because this area is largely 7 undeveloped or is in the 'state of development and has 8 commercial ventures on it now, that -- .. 9 QUESTION; Well, is it relevant that the City at least consider it as part of the calculus, do you 11 think -- 12 MR. PRETTYMAN ; It seems -- 13 QUESTION; -- so that deference could be given 14 to it if has considered. 15 FR. PRETTYMAN; It seems to me tha-: what youi _ 16 look at is what results. You don 't look at whether , you 17 look at whether the City had a legitimate right to do 18 what it did ; then you turn around and look, well, what 1 19 is the result? Do you have a Schad situati ;..n where they 20 had, in effect, excluded them from the City? 21 Or do you have an area for over 400 theatres 22 .that's developing, in the state of development that they 23 can easily go into? --e 24 QUESTION; What was the situation here? . You 25 speak goodly, if I may say so, of 400 theatres, and yet 7 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202, 628-9300 1 . ,a lot of •,this area was already industrialized, was it ::_ . _. 3 MR. PRETTYMAN: Uh, only part - - q QUESTION: Were there more than three sites _ available?5 _ 6 : MR. PRETTYMAN: Oh, yes. Oh , absolutely , Your 7 Honor. I think what you may be thinking of is .the other 8 side sent a gentleman out to the zone, and he could find 9 only three people who said that, in effect, they 'd be 10 willing to sell, but there are far more than three sites 11 available. 12 Over half of this land is undeveloped. It is 13 just sitting there. 14 QUESTION; In other words, there were no 15 - theatres in that area . 16 MR. PRETTYMAN: Absolutely not. There were no .• 17 theatres there. I i 18 QUESTION: And how far from that area were the 19 two theatres that Playtime acquired? 20 MR . PRETTYMAN : Your Honor, if I can show this 21 to you visually , if I may impose upon you to look at 22 page 141a of the Appendix to the jurisdictional 23 statement. 24 QUESTION: What page? 25 MR. PRETTYMAN: 141a. It is called Exhibit) 8 ALDERSON REPORTING COMPANY, INC. 20 F ST.,N.W.,WASHINGTON,D.C. 20001 (202) 628-9300 , r;• U. You will: seethe set-aside zone in grey , here, in • 2 - : the heaviest color, and you will see running east-west, 3 - just north of there,• a' very heavy line which is Route • : 4 405. If you follow Route 405 up north where it 6 crosses the • light east-west line at the top , -GE where 7 the Renton and -Boxy Theatres were located , -those were : 8 the two that they bought. Those are only , really, g probably ten minutes from the northern edge of the 10 • permissive zone . 11 There is another theatre just south of that , • 12 between the set-aside zone and the Renton and Roxy 13 Theatres, and they' re the only three sets of theatres in 14 the City of Renton. The Renton Cinema actually has 15 three screens , so there are five screens altogether, .but 16 there are only three theatres in the City at the present 17 time. 1 18 QUESTION: Mr. Prettyman, on your que:- tion 19 about access, how do you put movie, drive-in movies, 20 into that argument? 21 MR . PRETTYMAN ; I think you -- 22 QUESTION: They have as much access as a 23 drive-in movie. . 1 • 24 MR. PRETTYMAN: Yes, well, I think clearly if 25 drive-in movies were going to show adult films that this 9 W�. . ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 • would be an .excell.ent. place for them to be, because this .2: is extremely. accessible. r; ;;-3. You 've got entrances on most sides of this ._ 4 set-aside zone. You' ve got highways nearby , and I 5 -;think, .:=Justice Narshall,, if you want any indication of. - - 6 how far people will go to see these movies, let me give 7 you the example of Point Roberts, which is a small i. 8 ' city. 'It looks like it really ought to be part of ' I 9 Canada. It's kind of hanging off the edge, there, but I. 1.0 it's actually 'part of the State of Washington . . -11 It has a year-round population of 250 people, :. 12 and you know how many patrons they have a week at that 13 adult theatre which is also owned by Playti tie? Fifteen 14 hundred . And where do they come from? They come 15 primarily from Vancouver, which is 36 miles away . 16 "Nov , we 're talking about a set-aside zone in 17 Renton which is just a matter of a few miles from the 18 outer edges of the City. You're talking about, from th 19 most northern edge of the City , you 're probably talking 20 twenty minutes, maybe ten, fifteen minutes from 21 downtown. ' I ' 22 And here is a zone which is easily accessible, 23 as the district court held. It 's criss-crossed by S` '24 streets and highways. It is now Fell lit , and it is, in 25 'my view -- I was just out there ten years ago. It seems 10 ALDERSON REPORTING COMPANY, INC. "20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 1.; 1, , '" - - :- -- ' , ' , - -'-f: - --] " ''-' , - ' = ' ' - , , ,,. -Lt- I ,_ _ ., e . 1.. to be sort of the coming area of the city; the next" 2 .area,.. if, .you:. will, . that's going to be, that '-s .going_.te 3 be' built ;up. 4 It seems to us that there are three , basically 5 :4three . issues here, . ;and that the Ninth Circuit was wrong 6 on all three. The first issue really relates to whether -7 we are allowed, " we' re allowed to look at the experience 8 of other cities in passing this ordinance , and the Ninth • 9 Circuit said that we could not. 10 QUESTION: In that regard, Mr. Prettyman, the 11 ordinance of this City was justified on the secondary 12 effects that these theatres have on particular other i. 13 I land uses, like residence land or churches or schools . 14 . Now , does the record show us whether the City I i. 15 - relied on evidence of that sort gathered in other cities? 16 =MR. PRETTYMAN: Well, I think the most obvious 17 example is the City of Seattle, where Seattle was -- , i 18 Seattle lad 13 adult theatres. Ten of ".hem were downtown; three were out in residential areas, and they 19 20 were the three that they were concerned about. 21 One of them was all by itself in a residential 1 22 area, and Seattle passed its zoning ordinance in order 23 to get all of them into a kind of bad area right �. ., 24 . downtown rather :than out near residences, and so we were 25 looking at that example. �, 11 "J "' ALDERSON REPORTING COMPANY, INC. 1 20 F ST., N.W., WASHINGTON,D.C. 20001 '(202) 628-9300 11 i I , • ' • 1 ' - - = 1 - I might also say in regard to Young 4 ^ 2 _ , QUESTION: And did Seattle's studies Show the 3 secondary effects of having an adult theatre in a 4 residential neighborhood? 5 MR. ',PRETTYMAN: Yes, ma 'am, they did. They 6 showed that, that they caused transienee to come in. 7 They showed an increase of crime, and they showed, in 8 effect, that property values would go down. 9 One of the things that I think people forget 10 when they look at Young is everybody concentrates on the 11 ,fact that the prescription vas 1,0 0 0 feet from any -two 12 other adult uses. What they forget is that in the Young 13 ordinance , it also prohibited adult theatres within 50 0 14 feet of residences, and that particular prescription 15 wasn't even fought in this Court I assume because it 16 was assumed to be, assumed to be constitutional. 17 But that was part of the Young ordinance, and • 18 we had that to look to , and therefore ours is really a 19 tighter and more permissive ordinance in that respect 20 than -- 21 QUESTION: Detroit and Seattle were doing it 22 two different ways; Detroit by' dispersal and Seattle by 23 concentration? 24 11R. PRETTYIIAN: Yes, that's exactly right. 25 And different cities have used different methods . This 12 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON,D.C. 20001 (202) 628-9300 1 °Court said sin :Young that 'it .made no difference, .really• .. 2 ';In fact, you approved _both methods, both the dispersal 3 _method and the concentration •-method. You 'specifically 4 sail 'that ..in '.Young, 'and as a matter of fact you even said that that was true gas to _ theatres in general , that - 6 they . could be dispersed;. that, ..in other words, the way 7 that you deal with the problem is constitutionally 8 irrelevant. 9 So, our point .in regard to whether we could 10 rely on the experience of other Cities is very simple ; - - 11 - and that is, ' what was there for us to study? They 12 weren' t in there yet. We weren 't dealing with one 13 theater or twenty theatres. What we were saying in (72 14 effective land use planning , which is what zoning is all 15 .. about^ we were saying when- they come in here, whether it 16 be ono or forty, we're going to want them away from our 17 residences and churches and parks and schools. , 18 Let me tell that Renton is an interesting 19 town in this respect, because it doesn 't have this 20 commercial area over here. and the churches over here and 21 the residential area over here. It's all mixed up :22 together , so 'that right downtown, right in the same 23 block with these two theatres that Playtime has bought, I. - -,24 are residences, ani -two little churches as a matter of - 25 fact. ' ALDERSON REPORTING COMPANY, INC. 20 F ST.,N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 ' ",�4t r%'Fig �'r� - i tr... ...-_'q , . . - . ... The record does not show that, let me make 2 : . :clear. That is outside the record, but it just happens " N3 "`:Vao be :`true,: and I am sure Mr. Burns will not dispute • -4 -it .: But in the same block as these two theatres are • 5 .residences and two little churches, and with the high 6 school -just two blocks away . 7 QUESTION: Mr. Prettyman, can I interrupt you 8 with something that 's troubling me -- g MR. PRETTYMAN: Certainly. 10 QUESTION: -- . about the case? Did the court 11 of appeals, in the words of the jurisdictional statute, 12 hold the ordinance invalid, in your view? I 'm just 13 wondering if we har^ an appellate jurisdictional 14 question MR . PRETTYMAN: Oh, I don t think that , sir , there' s anyquestion that they held it in . � 16 that's 17 violation of the First Amendment. They -- 18 QUESTION: They sent it back for i llowing to 19 shore up the recori , in effect. 20 MR . PRETTYMAN : Well , that was rather 21 strange. The reason , if they are sensing it back , they 22 are sending it back because they thought that a 23 motivating factor, at least there was an inference that a motivating factor might be that•-•ve were trying to • 25 suppress First Amendment rights. 14 ALDERSON REPORTING COMPANY, INC. 20 F ST.,N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 n: . ire ... it"t f s rs .� - - ;' 1 Our response to that is twofold . First of r �;,_ _.. . ,2 'all, Honor , why are you looking at intent or motive - ;,_ ' -- 3 in :'a.:.ce .where you have a substantial governmentai - 4 interest and only an incidental restriction on First - - 5 - ;" Amendment rights. 6 You didn't do it in Young, although there vas 7 a .suggestion there that there might have been a bad 8 motive. ,You refused to do it in O'Brien, even though - 9 :that was .clearly argued that they had a bad motive, so 10 you never get _to -- : ._ 11 QUESTION: I understand your argument on the 12 merits of the motive, but if that issue remains open, is F 13 it clear that they have already directed the district - 14 judge to hold the ordinance invalid? 15 - -MR. - PRETTYnAN: Oh, 'I think that' s quite • 16 - clear, Your Honor, that they have said that it is, that 17 it violates the First Amendment. :, 18 QUESTION: And is there -- I see. 19 MR. PRETTYMAN: Yes, absolutely . 1 20 Passing on, then, let me simply say in regard 21 to, I believe I have mentioned that the seccnd issue 22 relates to the set-aside zone itself ; the nature and ' is 23 content of this zone. And let me just read you what he t. 24 -district court sail about that, 'because I think it qo I s 25 directly to this question. 15 c: ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 3 This consists of acreage in all stages of 2 development from raw land to 'developed , industrial, 3 warehouse, office and shopping space. It. is criss-crossed by freeways, highways and roads. 5 I think that is the nature of this zone, and I. 6 think that that should be perfectly permissible for 7 First Amendment- purposes. 8 He also -- 9 QUESTION: Mr. Prettyman, do you think that 10 the Court has to analyze this statute under the O'Brien 11 factors? 12 MR . PRETTYMAN: Justice O'Connor, let me say 13 this as to that . As you know, the plurality in Young 1 14 declined to do that , and put the secondary, these adult 15 theatres in a kind of seconda...y status, sort of on a SPee cll 16 level, if you will, with commercial -- and that Justice 17 Powell, who wrote the opinion that made the difference 18 in the result , refused to do that and adopted t:.e 19 O'Brien test. 20 Quite candidly, the reason that we have not 21 taken a position is that it seems to us that it really 22 doesn 't make any difference in the result in our case 23 which way you go, because the result is the same . .'= 24 If you asking me, however, what I would like 25 to see? 16 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 QUESTION.: I am a sking. ... : . :. . . .. . . ::(Laughter. ) MR. "PRETTYMAN: All right. I thought you were, Justice O 'Connor. 5 I would say, quite candidly, that it seems to _ 6 ._ _ i -mor - 1 t - --- :w_-_:=.,_._.... rc__ . .us-�tha�==t1ie: :,-p�tiral,._ty-pier - e-ore -lr _f'�t�_� fie=-.. _ -- -- - tom '•- ,.-- = 7 :particular problem at hand. O 'Brien, after all, was 'a 8 criminal case, and the four-part test developed in that 9 case, it has been used in• a variety of circumstances , 10 and we are happy with it if you want to apply it here. 17 But it seems to us that the plurality really 12 goes directly to secondary theatres. It talks about the 13 fact that these are showing films which, LI a separate 14 case in the state court right here in Fenton in an 15 abatement action, have been held to meet the Miller 16 test; and, therefore, there 's a real question in our 17 minds as to whether, as Justice Stevens said, you're 18 going to march your sons and daughters off to war to 19 protect these kinds of films. 20 And it seems to us that these are films that 21 perhaps because of the secondary effects caused by thr 22 theatres that they're played in, do not deserve the high 23 degree of protection that . other types of speech do. 24 QUESTION: If 0•Brien factors were applied, 25 one of them is a requirement that the governmental , k 117 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 iL' {{ free s. - .o of •,. e i n " e se to the suppression ch ;• 1 interest' beunrelated AA _. _ ,_ , _ 2 -MR. PRETTYMAN: Correct. - oQUESTION: .And 'h v would you' applythat her ?. -" ' +, 4 ° HR. :PRETTYMAN: I don 't think that that means'- - _ - = 5 that you go back-and interrogate the City Council - — . . fi it in=tent�as.. ..,. : .. ..... .... .,6 - :.--.:members about "what t e % • 7 As a matter of":fact, : the Ninth Circuit itself. 8 has held in the Foley case/ that you can' t do that. If r6 .� 9 we had a remand here, we can't, nobody can go back and 10 subpoena and take the depositions of the City Council 11 members and determine what they thought,... and of co arse �. 12 we don 't think you should. 13 So, I don ' t think it means that. I think what . 14 it means -- you see, we put the emphasis on interest, Al 15 the government interest must be unrelated . And the • 16 governmental interest in this case is clearly a proper 17 one; namely, to make sure that these adverse secondary a 18 effects do not impact upon resi:_ences and churches and i I 19 so forth. That is the interest, I think , that is 20 involved, and that is wholly unrelated. 1 . .. 21 . We recognize in our findings, there is a 22 . finding which the City Council entered which says 23 specifically that these theatres have a right to operate . 24 QUESTION: Well, it isn_'t, it can 't be 25 literally true that it's unrelated, because at least in 19 . I ALDERSON REPORTING COMPA NY, INC. 20 F•ST., N.W.,WASHINGTON, D.C.20001 (202) 628-9300 • ' i 1,, :--= order .to avoid the secondary effects, you are .LL D 2 forbidding, you are forbidding these constitutionally . - y_ 3 protected: kinds Of .to --.:. ou're making. them. :.mo. E.G ::-: •4 MR. PRETTYMAN: It 's unrelated to the -- 5 suppression of speech andW what the,- what the. L z a--�.,.:��_._F. •:-.-_.. -.a.._�h-..,�....-.-._ �;:' -QUESTION: - -- __ - v. bec h :_.. . .... �... . 6 QQ STI' E , �ON —It's onhy arise t ey 're 3 ��speech� " - -7 -of a certain kind that you' re making them move. ` 8 MR. PRETTYMAN: I 'm sorry, Your Honor, but 9 it's not because of that. It's because of the secondary 10 effects. It' s because of what 's -- QUESTION: Well, the only reason, the secondary is 12 effects will occur is because of the nature of the 13 speech. 14 MR. PRETTYMAN: Well, I 'm not -- 15 QUESTION: Isn 't that right? - 16 MR . PRETTYMAN: It is related. The secondary 40he. I . 17 effects are related in g sense that these kind of films is 18 do apparently draw transienee, that they do apt}arentlT 19 create more crime, so in that -- 20 QUESTION: All right -- 21 M . PRETTYMAN -- sense, it is related, but -- 22 QUESTION: Yes, of course it is, but that . 23 shouldn 't make any difference to your case. - _ 24 - MR. PRETTYMAN: It didn•'.t make any difference . 25 in Young. 19 i F�`' ` .. ALDERSON REPORTING COMPANY, INC.- 20.F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 .. { 1 :QUESTION:: That's right. : 2 - MR . PRETTYMAN: It certainly didn 't. 3 Absolutely. Let me just say that I've indicated that-you : . :_:.; • : 5. :' .: shouldn't really reach the issue " of intent, and I would 6 certainly hope that. you wouldn 't, but if you do I hope_ 7 that you will reach it on the basis of the City 8 Council's findings and not kind of get into some kind of 9 subjective inquiry into what .the City Council might have 10 had in mind. 11 - Let me just _say one other ,thing , and then I 12 will reserve my time. Small cities like Renton are 13 dealing with a very serious problem here, and they have 14 been largely unsuccessful in doing it. 15 Tr'iese adult theatres are proliferating. They 16 ' are moving - into areas unlike what they used to, sort Of i. 17 out on the edges or perhaps right in the middle of 18 downtown. They 're going all. ;ver now. 19 i nd we have made a good faith attempt that was 20 not directed toward. a single theatre, which sometimes i1 21 the case. A theatre moves in and we say, we 're going to 22 get that theatre. We didn' t do that . 23 We, we, we wanted to deal with the problem in 24 :advance, and we submit to you it Was a good faith - 25 attempt, and we have left plenty room, room that 's more 20 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.;WASHINGTON, D.C. 20001 (202) 628.9300 '1 than 'commodious 'enough for these theatres tc come into. 2 _ ;It's easily accessible. 3 - And I submit to you that if this effort fails, 4 that it will really prevent small cities and towns 5 across the country from dealing in an intelligent. with 6: fashion ahead of time this very serious probl em.l 7 QUESTION: You said there were three 8 , questions, three issues in the case. Have you discus ed __ 9 them all? 10 MR . PRETTYMAN: I hope .I have, Your Honor. - =-11 Well, the first one -- 12 QUESTION: -- the other two? 13 MR . PRETTYMAN: The first one related to 14 whether we can rely ol the examples of other cities . 15. - QUESTION: What are the other two? 16 MR. PRETTYMAN: The second related to the 17 . nature of the set-aside zone itself, and the third 18 related to the motive of the City Cou:. cil . I I 19 QUESTION: Okay , thank you . 20 MR . PRETTYMAN; Thank you. 21 CHIEF JUSTICE BURGER : Mr. Burns? 22 MR . BURNS: Mr. Chief Justice, may it please 23 the Court: , 24 This Courts- decisions ''a'llow regulation of an 25 adult business whose operational characteristics produce 21 ALDERSON REPORTING COMPANY,INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-930) • I 4 ryn. .t,• ry ,....._ - 1 �.:;.:some iden'ti'fi`bl,e, s .. .,:�.._.:._ . :.. ,. e condary effect. In-..othe.r words,' is '2 there, is. the form of :speech intrusive :in , to some extent? .3s it too good. • is it :too,-ugly? - . 4 , We' re talking, essentially , about :a :secondary 5 effect .that =we..can see, ..touch, hear ;or feel.: ;.In •_ � other 6 Words, ''is' •the' mode "incompatible withT the zone`.that We're 7 dealing with? 8 Renton 's ordinan7.e, on the other hand , is 9 related solely to perceptions about the effects of the ,_ 10 content .of the speech .: It' s not related to land use 11 concerns.' It 's aimed at the speech and not at t'he style - i 12 of the speech . 13 7 QUESTION: Well, Mr. Burns, is it not more 14 accurately the kind of people it attracts? - 15 MR. BURNS: Your Honor, there is no evidence 16 , in this `record .that this kind of speech attracts any 17 other kind of people than the people that are in this 18 courtroom. Thc'-e's nothing in this record that 19 establishes that it attracts an adverse kind of people 20 or anybody other than the general public that is making 21 itself of desires to make adult material available to -- ' I 22 QUESTION: What you're saying is that we 23 cannot take traditional notice of the contrary.? 24 : :MR . BURNS: Well, Your Honor,, I think that ire 25 have to look to what this Court said in 'Young, in that J. 22 'ALDERSON REPORTING COMPANY, INC. 4, 20 F S"i., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 ' 1 .:. .i.-:'.....:.y ,sue..'. _ - 1. _ , 1., it,, -'---,_ _... . . ; -1 _. . certain,'.th_ings :are 'not, <are .not,. we just can t assume I - , , -r - - at they .;exist as..I.. matter of -experience.. :;:The..onl thing. that :this Court found as a . 4 matter of experience that they could rely on in Young ._ was that congregating various 'types of uses together 1 ; 6 produced a' detrimental secondary effect, and that effect "` 7 was a deterioration of property values. 8 ; But I think you have to look at what happened 1 : g ,_in _Young. There, you had an ordinance that had been in 10 ' place 'for years. It regulated many kinds. of uses, and 11 :-.what Young - did, or Detroit did , was they added adult 12 theatres to those regulated uses, and said these uses , 13 all of• them as a whole, when they congregate together, ^ 14. they produce this adverse secondary effect of a deletion 15 in property values. .. . . . . . . 16 That is not the case here. What this 17 ordinance does and what Renton has done is said that a 18 single adult theatre in a commercial zone , not in regard 19 to other businesses that may be regulate(' or may not be 20 . regulated, because it doesn 't regulate any other kind of 21 business; that that single adult business will cause 22 these deleterious effects . 23 QUESTION: Well, Mr. Burns -- - 24 : MR . BURNS: Yes, sir? -- . 25 • QUESTION: -- Kr. Prettyman said that the City - i. 23 �,:: ALDERSON REPORTING COMPANY, INC. "j I 20 F ST.,N.W.,WASHINGTON, D.C. 20001 :202) 628-9300 , I "r t .1- -1 of Renton was entitled to rely on the City of Seattle's - ;-2. =: experience, and he said that a Seattle study . had shown - 3 : :' that . dolt theatres in residential areas "produced, yoli - - 4 know, transcierree, crime, that sort of thing. .,• .- . . . 5 :,, r.'Do you say there was no such Seattle experience, or that the City of Renton might =not .rely on 7 that Seattle experience if that . was Seattle 's experience? 8 ' .MR. . BURNS: Your Honor, I take exception to 9 his description of what' the experience of Seattle was:. 10 QUESTION: Well, first of all, do you contend 11 that the City of Renton vas not entitled to rely in 12 drafting its ordinance on whatever experience the City 13 of Seattle might have had? . 14 MR. BURNS: Your Honor, if the City of Ren•;:on r I - '- .-_ 15 is going . to ...rely _on Seattle 's experience, it should 16 •target the same evils at which Seattle targetted its : 17 ordinance, and it should rely on the same means. 18 It should not be able to say -- 19 QUESTION: Why is that so? I mean, if a 20 Seattle study shows particular facts flowing from the, 21 location of an adult theatre, why can' t the City of 22 Renton say, we don't like these facts to exist in 23 certain zones in our city . We 're going to go at it 'a 24 differently than Seattle, however.: i 25 MB. BURNS: Your Honor, I think it's risky ;to 24 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 j 9 ! • 1 rely on the experience of other cities for .a number of 2 reasons. 3 QUESTION: Well, it' s sufficiently risky so 4 that the Constitution forbids Renton from doing it? 5 MR. BURNS : Absolutely, because what we do 6 then, if, you allow a city such as Renton to pick the 7 City of Seattle or pick the City of Tacoma and say , they 8 passed an ordinance , we are going to mimic it, we are g going to rely on it, you have effective immunized and 10 sanitized that ordinance from judicial scrutiny, even; 11 though the reasons may be painfully fabricated ; even 12 though the reasons that they assert may not apply in 13 th'ir city . 14 Because I would submit to this Court that -- 15 QUESTION: Mr. Bu :ns, if your opponent is 16 right -- I haven' t read this, the Washington case , burt 17 he said that in the Seattle experience there was one 18 theatre out in a residenti° 1 neighborhood , an ', that that 19 was a bone of contention , nd that would be a comparable 20 example , wouldn 't it? 21 SIR. BURNS : No, it wouldn't, Your Honor. Ais I 22 recall, there were three theatres out in residential 23 neighborhoods that were affected by -- 24 QUESTION: But they were separated from one 25 anothei. 25 2 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 I � 1 MR. BURNS : Pardon me? 2 QUESTION: He indicated they were separated 3 from one another , so you might have a residential 1 4 neighborhood with one theatre in it, and they said you 5 have to move that theatre. 6 MR . BURNS: That' s true, but what they did in -- 7 Seattle was different than what Renton did here. 8 Seattle moved all the adult theatres -- 9 QUESTION: But just to the point cf whether . 10 there is anything on which they could base concern about 11 a single theatre, at least that would be some evidence, 12 wouldn 't it? 13 MR. BURNS : But, Your Honor, it may be some ) 14 evidence, but I think we have to look to the issue that 15 we have to solve these problems that deal with First 16 Amendment concerns by the least intrusive means. You 17 do not take a sledge hammer when a scalpel will do. 18 The experience of Seattle is different -- 19 QUESTION: So, for that argument you basically 20 ask us to re-examine Young, don 't you? 21 MR. BURNS : No, I 'm not asking you to 22 re-examine Young, because I think that this case is -- 23 QUESTION: But you did -- 24 MR. BURNS: different than Young. Well, I did 25 to the extent that it 's a time , place or manner -16 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 1 restriction, but on the basic facts I'm not asking you 2 to re-examine Young . I think that this case can be 3 • decided within the confines Young. 4 But I don 't think this is a Young case. 5 QUESTION:• What are the confines of Young on 6 the standard you-resort-to? - 7 MR. BURNS: Your Honor, the Young case , as I 8 read it, ! is, as I read Justice Stevens ' opinion, is that 9 if there is a demonstrable adverse secondary effect that 10 we can see and we can touch and we can feel , the City 11 can be concerned about that and regulate it by the least 12 intrusive means. 13 In Young, the Court made its decision based 14 upon the fact that there were a myriad of lccations 15 available, l hat there were locations available in all 16 kinds of ' zones, all commercial zones. 17 The Renton ordinance specifically removes 18 adult theatres from all comme-cial zones of the City of ' 19 Renton. T..'ey simply are not allowed in the commercial 20 zones. 21 If, I think in that respect a look at the map 22 is useful. If you would look at the last page of the' 23 jurisdictional statement, which is page 142a , Appendix 24 V, you can see where these theatres have been relegated 25 to. It 's essentially an industrial wasteland . There' 27 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, 6.6. 20001 (202) 628-9300 1 are undeveloped areas . There's a tank farm . It 's 2 criss-crossed with railroad spurs . It is essentially , -- 3 QUESTION: Is that such an unlikely location 4 for, say, a drive-in theatre? 5 MR. BURNS: It would, because a drive-in 6 theatre probably would not be permitted in that zoning. 7 Essentially, the drive-in theatre business in this 8 country in commercial areas -- 6 QUESTION: But I thought we took it as 10 _ stipulated that an adult theatre was permissible . Are 11 you saying that an adult self-contained theatre would be 12 admissible but perhaps a drive-in theatre not? 13 MR. BURNS: It's in thc record below that 14 there would be a zoning change required in order to 15 locate an adult theatre in this area. 16 These are permissible locations , but that 17 doesn' t mean that the zoning is appropriate . 18 QUESTION: But you say it's an indt stria] 19 wasteland. Dc you insist that there be a theatre 20 building in existence for you to come in and rent? 21 . MR . BURNS ; No, Your Honor, but I think access 22 has three components. 23 Those components are , first, permissible' 24 locations; secondly , that those locations , that there be 25 available locations to go to; and thirdly , that there] be 28 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 • • }," 1 . suitable locations for a commercial business such as a `. . _ 2 theatre. 3 QUESTION: dell, what do you mean by an _. •- : . available location?. "NR. .BUURNS: Your Honor, if the City is going ---- _-------- 6 ---- to regulateand"=restrict:x-h;ere--a-=theatre _-ice n:-loc=ate=-`=and = ; - - 7 in fact nobody will sell or rent property to a theatre, 8 the restriction and burden on speech has become 9 substantial, not incidental , because there is no place 10 that they can go. 11 QUESTION: Well, would that entitle a theatre 12 to locate out of a commercial zone and in a residential 13 zone because no one in a commercial zone would sell them 14 theatre space? 15 MR . BURNS : No , Your Honor. 16 QUESTION: Well, why wouldn ' t it under your , 17 reasoning? 18 MR. BURNS: It wouldn 't because if, if a 19 gc:aeral audience theatre were permitted to locate in a 20 residential zone, then it's my position that an adult : 21 theatre should be allowed to locate there as well unless 22 you can demonstrate that there 's some adverse secondary 23 effect that arises out of the- operation of the adult 24 theatre that does not arise out of the operation of the 25 general release theatre. 29 f ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 EST ION: ;.'Well,'`°:hoW about thetransience and .. ,., 64 :-.:::----,::ii -,--- , _:--;,::, __ .. 2 ::-::crime ::f.rom ',the Seattle ;study? : !R .: ,BURNS : .',"Your Honor, the City of Renton 0 I :'-:-__ --"' 4 : didn't look .a.t`any -data from Seattle. The record is 1 5 :clear ...that all ;the planning director and the City ' looked at with respect--to 'the—City: oif`Seattle - - ' 7 was the decision of our estate supreme court . g QUESTION: Well, did the City of -- did the 9 decision 'of your state supreme court summarize findings 10 that had been made in Seattle? i- 11 MR. BURNS ; Yes, it did . 12 QUESTION: Well, why on Earth shouldn' t they 13 be able to look -at the supreme court opinion as a 14 secondary sou-ce? Are you going to require the best ..15 evidence : rule? -16 MR. BURNS: Your Honor, when we 're looking at 17 speech , I think that we need to have emipirical evidence 18 that's of a compelling nature. We can 't •!ely upon 19 hearsay, opinion — 20 QUESTION: Now, that 's a nice sounding phrase, ,. 21 but how would you define empirical evidence that 's of a 1 22 compelling nature, as opposed to just garden variety 1 23. evidence? 24 MR. BURNS: Your Honor, _,in a commercial zone, 1 25 what is the problem that transients cost -- cause? Let 30 1 ALDERSON REPORTING COMPANY, INC., ..... ,. . : • 20 F ST., N.W.,,WASHINGTON,D.C. 20001 (202) 628-9300 = . - I. • : •me ask that as a .rhetorical question. ��1 , .-. That, themajor problem that I see with the •3 findings 'in the. Renton -,ordinance.:-:is that they 're ;! 'assertions. They're .conclusions. 'They're simply .r. sections of harm .that may not, in fact, exist. • - 6 • And `if transientscause a problem , what kin d -.7 of problem is it that they cause? There' s no indication 8 in this record of any sort what kind of problems a 9 transient would cause. 10 Nov, if a transient . causes .problems, let 's 11 - deal with those problems in some specific way. If it -- 12 QUESTION: Provide them with bus tickets? 13 MR . BURNS: Pardon me?- i 14 QUESTION: Provide them with bus tickets? ' 15 (Laughter.. ) • 16 MR. -BURNS: That may be one answer to the 17 problem, but I think that this Court's decision required 18 that w'ien we 're dealing with First Amendment concerns 19 we have to deal with the problem in the least intrusive 20 way. is 21 If you had, as I think Justice Blackmun said 22 in Schad, if there's a problem with traffic , deal with 23 the traffic problem . If there 's a problem with signage, I r 24 deal with the .signage problem, but' do not simply 25 ' relegate, these theatres out to this uncommercial area in 31 • --ALDERSON REPORTING COMPANY, INC. 20 F'ST., N.W.,WASHINGTON, D.C. 20001' (202) 628-9300 - 1 II 1 the guise :of meeting :';�r�-- •.1. ��,_,:_ „_'�..;,. a :wand use--concern.- . . _ 2 What'essentially they're getting at here is a r. 3 censorship concern. 4. .;._ ;, :.:.: _ QUESTION .:.,.::You sa id something that I'm not --5 . sure .I understand. It's: about what. the members of the, 6 -: City Council were thinking; what influenced their' _ 7 opinions. - 8 , Is it not reasonable to assume that the . 9 members of any city council in a particular state know 10 what's going on in other cities? What the experience of 11 = other cities is, whether it 's with traffic or flooding 12 or with these so-called adult theatres? 13 MR . BURNS: Your Honor, there 's ncwhere in • 14 this record that I can find what their concerns were 15 .about these theatres. 1$ QUESTION: Well, why do they have to -- do 17 they have to put their concerns in the record? Do they 18 have to say what they 're t i inking? 19 HR . BURNS : I t`iink so, Your Honor. 20 ; QUESTION: What they have against them? 21 : ER. BURNS: I think what -- they have to make 22 findings of fact that justify the restriction on 23 speech . I don't think there's any way around that, 24 because if their intent is to, is-to sensor speech and 25 to oppress it in any respect, that's an improper attempt • '- 32 ALDERSON REPORTING COMPANY, INC. . 20.F ST., N.W., WASHINGTON, D.C. 20001 (202).628-9300 .. '.,1-, -'!, -'AR,:",::, :::::'1'.,,:4,-,::;,;Y:',',.!'- ':;'-' ;;V;;' :,4';. ':';'.,:i, ;%i'''''c'..', '':.,'',i"I',.15 ,i,?,,i':. '"`;';':.;:,'?•'',1,-,,,,s5: . '!',;': ,:'!..: ,,,, , ,,'• ,,,-,,,..-,! .-,. .' ,': ."',?.,'.,; ,:' :;'; ''::: :': .`',..l' , . . 1 . : which cannot be sanctioned in any sense.2 - - ' ' ghat- Renton is suggesting to this Court is a , " ...—" . •-•'-' : - . 3 - rule that would .-allow it to state a governmental : , 4 ,- ': interest and :say that we have -made available permissible . --,-----,- - . . .:: : 5 ' i'locations, and ...then insulate that decision foreiter, from : . 6 .judicial 'scrutiny,' and that rule, I don't believe, Ca-71i- ._ - 7- - be accepted by this Court . , ._ . 8 . The essential difference between this case nd g Young is that there is an intolerable burden on speecti 10 that exists as a result of this orlinance , and that's 11 problem of access. , 12 If government makes no rule about access and 1 _ 13 does not limit access to speech , then there 's no .:-..2.-..,,K. 14 intrusion that can be blamed on the glvernment and no . , ,. is violation of the First Amendment. , 16 - On the other hand , if government does make the „ . 17 rule and government loes limit 'access, then I think 18 government has the duty to establish that not only are I I 19 there permissible locations , but that somebody can 20 actually go there, because otherwise they 've precluded 21 them through a de facto zoning scheme from going 22 anywhere, and they've created what they've perhaps set 23 out to do, vas censor the material and remove it t ' 24 entirely from the City. . , 25 In this respect, I believe that the zone that . 13 _. . ._:: , ... L:.ALDERSON REPORTING COMPANY, INC. . ., ......, . , - - 20 F ST.,N.W.,'WASHINGTON, D.C. 20001 (202) 628-9300 ) - . I described and as depicted on that map is a substantial 2 burden on speech. _ The alternative locations are - 3 unsatisfactory. As this Cau1t has said : bef ore, 4. 'individual is not to have his right of free speech 5 circumscribed,on the • ent that he can exercise it -`:6 somewhere else. 7 - These locations make it more difficult both 8 for sellers to reach an audience and for the public tc 9 make the material available to us -- to itself. Its 10 design, this ordinance is designed to prevent some 11 people from getting the information by making it more 12 difficult to get it. 13 What Renton has said , in essence, out of `fT 14 sight, out of mind. We can 't identify what 's wrong with 15 these locations . We can 't identify what the harm is to 16 churches or schools, but we know it exists somewhere i- 17 QUESTION: Could I, could I ask , suppose that 18 in this rec')rd there was evidence of the likely effec 19 of adult t'►eatres being too close to residential. 20 districts. And suppose the evidence was such that even 21 you would agree that there' s a pretty good showing th2t 22 that would have . these harmful consequences. 23 But then the rest of the facts here are the 24 same. Would you say that Renton -then could net exclude 25 these adult theatres from these locations? 34 •ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON,-D.C. 20001 (202) 628-9300 - 1 - MR. BURNS: Well, Your Honor , to answer your - 2 7 -direct question about residential areas, I think they 3 could make such a showing. They could exclude under 4 Young. 5 , QUESTION: And even though the only place 6 these, even though the only place these theatres could - , 7 then go is to this area that you say is wholly 8 unsatisfactory? MR. BURNS: Well, that creates a more 10 substantial -- 11 S _ QUESTION: Well, that's my question . 12 MR.' BURNS : Okay. Well, if, if they can show 13 a substantial harm, I believe that they can regulate, 14 Your Honor. •• 15 QUESTION; And even though this area tha : the 16 adult theatres would have to move to is as 17 unsatisfactory as you say it is? 18 MR. BURNS: Yes , Your Honor . 19 Now , the reason that I say that is that , is 20 that there are locations out there, permissible 21 locations. If none are available, however, we have to 22 balance these interests that -- 23 QUESTION: Well, that's what I' m asking. The e24 other facts in this case are the -same except that 25 there' s adequate proof of, of harm, of potential harm to 35 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-930C , .Y :.the residential areas.'. . .. •..,:-. _....,_..:- . . ,. ._ MR . BURNS : there is _adequate proof 'of ...: . . , 3 - .,::potential .hazy, they;. can zone out. That' s .a , 4 demonstrable secondary effect. On the other harm, "Your 5 :Honor -- 6. QUESTION: .•,.Even though, even though other 7 sites may not be available? 8 HR. BURNS: Well, 'I think, in my personal 9 view, a 'city . has the right to deal with these. problems 1,0other'.kinds of land use problems. as they can_ any . 11 However , in dealing .with those problems, they have to be 12 sensitive to the concerns that exist. 13 But the problem here with Renton is that they 14 have zoned these theatres out of the commercial areas as 15 :well as the residential areas. " And when you zone them 16 ' -out of the commercial areas as well, the problems that 17 'may -exist and the concerns that you're trying to protect 18 in a residenti: 1 area do not exist to the same degree in 1e a commercial area. 20 Now, Renton 's ordinance is different from the 21 ordinance in Young and the ordinance in Seattle, in that 22 Renton ordinance excludes these operations or these' -. 23 businesses from a location within 1 ,000 feet of any 24 residential unit. 25 QUESTION: Well, now, is none of the property 36 ALDERSON REPORTING COMPANY, INC. =20.1: ST.,N.W.,WASHINGTON, D.C. 20001 (202) 628.9300 '-7 '',.-1::', , '' ' ,. ' '' ''' ''''' ' ,' - ' i- , - Li . i in the 520 acres zoned for commercial use ? Is that what . .. ---_- -- 2 you're saying? 0 - 3 ' MR. BURNS: Generally, Your Honor , it's zoned 4 for industrial use. - 1 5 :- QUESTION: Is any of the property in the 520 6 acres zoned f Cr commercial use? HR. BURNS: Not to my knowledge , Your Honor . 8 QUESTION: Well , can .a commercial property be • 9 located in an industrial area? 1 10 MR. BURNS: Well, to that extent that it can, 11 there are less -- 12 QUESTION: I mean , it's not forbidden. It 's 13 not forbidden even -- 1 ..... 14 MR. BURNS: No. 15 QUESTION: --though, so the answ ?r is 16 commercial establishments may be located in an 17 industrial area. 18 ER. BURNS: They car. ; but, Your Honor, there's 15 evidence in tills record that a commercial establishment 20 such as a theatre requires a certain kind of location 21 that nobody disputed. It's a recreational kind of , 22 activity. It needs streets -- 23 QUESTION: But it would not be against the e • 24 zoning law for this theatre to be-An the industrial area. 25 MR. BURNS: No, . it would not be against the 37 ' ALDEFtSON REPORTING COMPANY, INC. I 20 F ST., N.Y.,WASHINGTON, D.C. 20001 (202) 628-9300 I I I _ I 1 zoning law. 2 QUESTION: Does the record disclose that there 3 is at leas;, one shopping center in the 520 acres? 4 KR. BURNS: Yes, Your Honor, that 's a fully 5 developed shopping -- well, yes, it is. But it' s, it is 6 in a location which is outside of that main area . 7 If I could point it out to you on a map which 8 Hr. Prettyman showed to you . It' s the map en page 141. 9 QUESTION: . 141a? 10 MR. BURNS: 141a, Your Honor . It is the • 11 location which is up here in the corner that looks 12 somewhat like an upside down L. That is the location of 13 the commercial shopping center. 14 QUESTION : Up in the extreme right corner? 5 MR. BURNS: Yes, Your Honor, if you can see . i6 where I 'm pointing. It's sort of an upside down L 17 that's in grey. 18 N a , that particular location, Your Honor, is 19 a fully developed shopping center -- 20 QUESTION: Oh, I see. He has that upside down. 21 MR . BURNS; However, that location is not 22 available in a practical sense , in that the location his 23 very small in size. In the opinion of our experts, it 24 would not have enough land to accommodate an adult 25 theatre. 38 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 I � I � I 1 So, while that particular location is both 2 suitable and permissible, it's not available in the 3 sense that it 's not large enough, and it' s not available 4 in the sense that it' s probably not for sale. 5 QUESTION: But there would be other 6 undeveloped land nearby -- 7 NB . BURNS : No. 8 QUESTION: -- that presumably could be 9 available? 10 MR. BURNS: Well, Your Honor, that little 11 1-shaped area is the only area there that is available. 12 The other area is that little rectangular area to., as 13 you're looking at the map, directly beneath it over (r, 14 here, which is an industrial warehouse kind of area 15 which is served by railroads. • 16 And then the main core of the 520 acres is 17 down in this undeveloped land, which I showed you in he 18 aerial photograph. • 19 QUESTION: What do you mean unavailable? 20 R. BURNS : I mean unavailable in the sense 21 that somebody will not sell it or rent it to you , Your 22 Honor. That' s what I mean by unavailable. • 23 We had, the record below establishes that 24 there was a real estate expert who went around to every 25 property owner within this land area and queried whether 39 • ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTC N, D.C. 20001 (202) 628-9300 _ I ! i I • • 1 their property was for sale or whether they would rent 2 it for use as an adult theatre . 3 ' • The almost unanimous answer of those people • 4 was no. 5 QUESTION: But, again, if there had been !. 6 adequate ;proof or some grounds for believing, a decent ' 7 grounds for believing there would be danger to 8 residential areas, this unavailability would make no 9 difference? 10 MR . BURNS : Not out in that area it wouldn' t, 11 but there is no proof that there 's any danger -- 12 . QUESTION: I know that' s your claim . 13 MR . BURNS: -- to the commercial area-, Your 14 Honor. 15 It is our position that this ordinance asserts 16 no compelling governmental interest in the sense that 17 the concerns of this ordinance are with the effects of ' 18 the content of the speech, not the operational 19 characteristics of the business, which we believe is the 20 key determinative factor. 21 There's no difference in this record in the 22 operational characteristics between an adult theatre and 23 a general audience theatre. There 's no indication that 24 this theatre draws transience or •does anything else of 25 an outward nature. 40 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628.9300 1 I • • 1 QUESTION: When you say this theatre, are you 2 referring to an unbuilt theatre in Renton? 3 MR . BURNS: .Yes, Your HoLor. I 'm referring, to 4 my client's theatre in one sense and to the unbuilt 5 theatre , because this oriinanr.e affects the first use 6 that comes into town. It's not an ordinance that says 7 that these kinds of uses cannot congregate together or 8 must be separated. g QUESTION: It would be hard to get any 10 empirical evidence that an unbuilt theatre did much of 11 anything in Renton, I suppose. 12 MR . BURNS: But , Your Honor , there are 13 locations in small cities within the State cf Washington 14 where there is one adult theatre. 15 QUESTION : You say that -- • 16 MR. BURNS: And they could go get that kind of 17 evidence if they wanted to. 18 QUESTIO is But they can 't go to Seattle. 19 MR. BU'.NS: Well, what they did in Seattle is 20 different, Your Honor, and I think that' s the 21 distinction and the difficulty in relying on the 22 experiences of other cities . 1 23 If you're going to rely on what Seattle did., 24 be concerned about the same problems and do the same 25 thing . If you're going to rely on what Detroit did -- 'L 41 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 I 1 QUESTION: But it , but if Seattle made a study • 2 in anticipation of taking some action in its city, 3 regardless of what action Seattle took as a result, why 4 can't the City of Renton rely on the studies paid for 5 and produced by the City of Seattle? 6 MR. BURNS: Your Honor, I don't object to 7 that, but Renton never looked at that study in this 8 case. They never even looked at it. g QUESTION: Well, but the State of Washington's 10 courts looked at it, and I would think that might even 11 be the best evidence . 12 . MR. BURNS: Your Honor, I don' t believe that 13 reading a court decision supplicc the empirical basis 1: 14 needed to make a zoning decision. 15 QUESTION: It doesn' t, even though the court's 16 decision is based on, on satisfactory empirical data? 17 MR. BURNS: Your Honor, it doesn ' t give you 18 the empirical data, the underlying studies upon which to 19 make the decision. 20 I don 't believe that simply by reading court 21 decisions, any municipality can say we have that 22 problem ; these studies support our answer to it. I just 23 don't find that persuasive. In -- 24 QUESTION: Do you conten'3 that the court 25 somehow has to make sure that every city council member 42 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 - • 1 ' has set aside so much time ani really studied a 2 particular thing in a particular manner to survive I 3 constitutional testing of their actions? 47) 4 MR . BURNS : Your Honor, if they 're going to 5 infringe upon First Amendment interests, then the answer 6 is yes. I think that they have to be extremely careful 7 to what they 're doing in order to place any burden cn 1 8 speech . In that respect, I would -- I 9 QUESTION: You don 't think any post hoc 10 production of evidence would suffice? i 11 MR . BURNS ; Certainly not in this case , which 12 all the evidence was pcst hoc. 13 But what I would suggest as a minimum is th t 14 if they're going to rely on the experience of other 15 ci,.ies, that they say that a city compelled to assert 16 precisely what it is they 're relying on and why they 're 17 relying on it , and put that in their findings of fact: 18 ard .their conclusion of -- 19 QUESTION: Mr. Burns , supposing they had a . 20 growing, a rapidly growing city , and didn 't have any I 1 21 motion picture theatres at all, and they had to plan a 22 city plan with zoning in it-, and they decide to put j I 23 motion picture theatres in a commercial zone. 24 Do they have to go out and make an independent 25 study, or can they rely on the experience of other, 43 cALDERSON REPORTING COMPANY, INC. ' 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 I . . f . I 1 cities for that kind of decision? Clearly, it would 2 burden th.e First Amendment interest. 3 MR. BURNS : But, Your Honor, as lcng as they 4 haven ' t based their decision on content, at that point I 5 think what they 've done is okay . � 6 If they say general audience theatres can be 7 in one zone and adult theatres have to be in another 0 8 zone, then they 're making a distinctia based on -- 9 QUESTION: So, it 's critical to your case, as 10 I understand it, it 's critical to your case that this is 11 a content regulation? 12 MR. BURNS: Absolutely, Your Honor, absolutely. 13 QUESTION: So, you do really ask us to - I 14 re-examine Yoi:ng? 15 MR. BURNS : No -- 16 QUESTION: You say so in so many words in ycur 17 brief, and I ' m just surprised you don' t stick to your 18 guns. 19 MR. BURNS: Well, I don 't think I 'm asking you 20 to re-examine Young , because I think that that this case 21 can be analyzed tinier Justice Powell 's decision, his use 22 of the O 'Brien test, but I don 't even believe the' 23 O'Brien test is appropriate in this case , because I 24 believe that the burden on speech is substantial here . 25 It's not. minimal or incidental , and therefore strict 44 ALDERSON REPORTING COMPANY. INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 .I • 1 scrutiny ,is the test that ought to be applied. 2 And so, I can live with Young. Young says to 3 me, Justice Stevens, that we can base decisions on 4 content with respect to motion picture theatres so long 5 as there is an identifiable secondary effect from the . 6 operational characteristics , not that we perceive that 7 the speech is going to have people react or not react in 8 one manner or another. 9 Let me conclude -- 10 QUESTION: Before you move to another -- The 11 district court found, and this is on page 28a of the 12 Appendix, Appendix to the jurisdictional statement , 28a , 13 the last sentence in the full paragraph on that page, l 14 that ample accessible real estate is available for the 15 location ,of adult theatres in Renton. • 16 The court of appeals declined to accept that. 17 It also declined to apply the clearly erroneous rule to 18 it , relying on this Court's decision in Bose, B-o-s-e 19 Do you rely on Bose? 20 HR. BURNS : Yes, I do , Your Honor . 21 QUESTION: You 're aware that Bose involved 22 Sullivan against New. York Times and proof of malice . 23 R. BURNS : Yes, sir. 24 QUESTION: Do you have to prove malice in this 25 case? 45 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 . . • • • • • 1 . MR. BURNS: No, I don 't think you to have 2 prove malice. I think , -- 3 QUESTION; Well, why. is Bose relevant, 1..aen ? 4 MR. BURNS: Well, I think Bose stands for tie 5 proposition that where there are fact law determinati ns 6 and' the law is critical to how one analyzes the facts 7 that the court has the responsibility to examine those 8 de novo. 9 Much as in the area of obscenity, where this • 10 Court reviews de novo, or has the right to review, de 11 novo, the obscenity of any material before it. A 12 district court or a jury may find it obscene, and that's 13 a finding of fact, but this Court has to make that' 14 ultirate First Amendment decision which is based upon 15 the fact law problem. 16 . QUESTION: In every First Amendment case? 17 MR. BURNS: Yes , Your Honor. 18 , QUESTION: Even where he district court :las • 19 held that the effect on First Amendment rights, if an 20 was quite incidental? 21 MR . BURNS : That, again , the incidental effect 22 is another fact law determination that I think is, is 23 criticalo 24 QUESTION: -- mixed question of fact and law? 25 MR . BURNS: Yes, Your Honor. . 46 iLL ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON,D.C. 20001 (202) 628-9300 - I 1 I would say , in conclusion, that the notion 2 that pervades Renton's ordinance is that there's alneed 3 to protect certain places, schools, churches, and so on 4 from adult theatres. But that need , that express need, 5 the whole purpose of this ordinance is nullified by tl.e 6 under-inclusiveness of the ordinance. 7 This ordinance deals .only with adult 8 theatres. There is no evidence in this record or 9 anything that I can find that establishes that an adult 10 theatre has a different operational characteristic or 11 effect upon these places than other adult businesses 12 which are not regulated and not subject to the burden of 13 this ordinance. 14 For those reasons , Your Honor, I could. submit 15 that the judgment of the Ninth Circuit should be 16 affirmed. 17 Thank you. 18 CHIEF JUSTICE BURGER : Do you have anything 19 further , Mr . Prettyman? 20 MR. PRETTYMAN : Three brief points, Your Honor . 21 First , my co-counsel tells me I said that I 22 was out there ten years, and I meant ten days ago. I 23 apologize to the Court. 24 The first point is this.., Mr. Burns said that 25 there's nothing in the record to indicate that adult 47 '1 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 ' i ` ' ' . ' I I it, 1 theatres attract people other than those that are here 2 in the courtroom. I assure you that that is not the 3 case; that this record shows, through Mr. Llemmons' 4 testimony, who attended virtually all of these meetings , 5 that what these committees- and the City Council 6 considered were the experiences of other cities as 7 reflected in some documents , but primarily in the 8 decisions which, as Justice Rehnquist has pointed out g fully set forth precisely what had gone on in those 10 communities. 11 Justice Stevens, in the Seattle case, Northend 12 Cinema, if you -- they noted that the Apple Theatre , for 13 example, in the First Hill community by itself, and then 14 two other theatres in another residential community, had 15 the adverse effects . 16 Mr . Clemmons had been, incidentally, for seven ifi0s 1 17 years in Milpedes, California, where they had had an ; 18 adult problem, and he was familiar with the t and could 19 tell the City Council a tout it . 20 The record also indicates that we looked at , 21 Tacoma. Tacoma hal a case which the Ninth Circuit, 22 where they approved a zoning ordinance in an unreported 23 decision. We 've cited that in our reply brief -- '' 24 QUESTION: Why did they,' why did they approve 25 that? Did they recite the adverse effects? 48 ALDERSON REPORTING COMPANY, INC. ' 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 1 i . . . , . , ,_ iL„1.:„, 1 MR. PRETTYMAN: Yes, they did. 2 QUESTION: Likely or probable or actual , or 3 what? • 4 MR. PRETTYMAN: No, they cited actual in that 5 case, and it was primarily based upon things such as -- -- 6 property values going- down and that- kind of thing; which 7 of course we relied on here . 8 If you want to see a good example of a study g which goes to a single theatre, look at the Phoenix 10 study, which 'is cited in our brief, which compared a 11 single adult theatre in an area with another area that 12 did not have cne and found, for example, that the crime 13 rate was ; three times as high. 14 QUESTION: Mr. Prettyman, may interrupt you? 15 You 're now focusing on the justification for the 16 ordinance , and turn your attention to what remains 17 available for the adult theatres, that phase of the 18 case, and that as Justice Powell pointed out, the 19 district; court found that there was ample accessible 20 real estate there , and the court of appeals then says 21 the standard of review is de novo . 22 What, in your view, is the correct standard cf J� 23 review of that finding of fact? 24 MR . PRETTYMAN: That was going to be my third 25 point, and I ' ll go to it immediately, Justice Stevens . ' I 49 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 I , 1 It seems, the reason that we haven 't paid much 2 attention to that in our briefs is that we' re happy to 3 have you 'use strict scrutii.y if you want to , because we 4 think we passel the test. 5 But it seems to Else that the Bose test is 6 really a strange one to use in this context for the 7 reasons that Justice Powell pointed out, and it is very 8 interesting that the Ninth Circuit itself , different g panels admittedly, in the Tacoma case and the City of 10 Carona case, which is cited by Mr. Burns in one of his 11 later briefs, both use the clearly erroneous test in 12 this situation. 13 And it seems to us that in a situation where 14 you have such an incidental restriction on -First 15 Amendment rights as oppose to one where you have a 16 total exclusion or some factor such as the malice 17 situation -- 18 QUESTION: Yes, bt. in Young , of course, it 19 was spec9 fically assumed that the total market for the 20 particular speech was not iiminished. 21 1R. PRETTYMAN: I think you can assume that here. The most that we have in this - 22 - 23 QUESTION: You can 't under this finding, but 24 the question is whether that finding is important enough 25 to merit more careful review and some finding -- 50 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 i I • t , MR. PRETTYMAN: Well , Your Honor, I think that 2 where you have an area that will accommodate over 400 theatres ;and it 's readily accessible and criss-rrosse 4 by roads,; the most that you 've got is an inconvenient . 5 Somebody who may want to be downtown and see one is 6 going to ;have to drive for a little bit. 7 QUESTION; Mr. Prettyman, I take it that' yo r . 8 opposition indicated that there was sufficient proof of 9 probable ,injury to residential neighborhoods, that • ' 10 availability wouldn' t make any difference . - 11 MR. PRETTYMAN: If there was sufficient pro f, 12 availability wouldn 't make any difference? 13 . QUESTION; Nc, no , no. If there was 14 sufficient proof of haral to residential neighborhoods -- 15 , MR . PRETTYMAN; I don 't go that far. I 'don 't 16 say that iif you had harm to residential neighborhoods 17 you could ; - theme.,—r o:: e-e do a Schad . I don 't say 18 that. 19 : And I think the reason, Justice Whit' , is that 20 there would then have to be some accommodation. You • 21 might have to , you might have to restrict your area from 22 1 ,000 feet to 500. You might have to accommodate in 23 some fashion to make sure that there was some outlet for 24 this expression. 25 QUESTION; But you think that whatever , 51 J ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-S,300 I • I . 1 whatever threshold availability there was was passed , 2 here? • 3 r&. PRETTYMAN: It's clearly that in this ! 4 case, yes . 5 The only other point I would make is that he 6 said that we zoned him out of the commercial area. We 7 didn't zone them away from the commercial area, we zoned 8 them away from residences and churches and stuff , and! it g just so happened that in our city they 're all mixed in 10 with the commercial zone, so they 're not right downtown. 11 But let me pose this question to you. Do they 12 have a right, do they have a constitutional right to be 13 where they want to be, where most customers are walking , .. 14 by the door, where they don 't have to put up signs ! i5 because there 's so many people walking by that they 'll 16 get a ready audience? 17 Or can we put them away from where they 're 18 doing the ha..m but where people can still go , you still 19 have plenty of film, plenty of theatres, plenty of 20 access, and everybody can see what they want to? 21 And with that, I hope very much that you ' ll 22 reverse. 23 CHIEF JUSTICE BURGER : Thank you, gentlemen . 24 The case is submitted . 25 (Whereupon, at 11 :50 a.m. , the case in the 52 i ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W., WASHINGTON, D.C. 20001 (202) 628-9300 1 , • 1 above-entitled matter was subiittei . ) i 2 � 3 4 - . - — 5 - • 6 • 7 • s • • 9 10 11 12 13 14 • 15 16 17 18 19 I i 20 21 22 23 24 25 53 ALDERSON REPORTING COMPANY, INC. 20 F ST., N.W.,WASHINGTON, D.C. 20001 (202) 628-9300 C=P.TrICkTION. A 4 Alderson Retorting Corapany, inc. , hereby certifies that the ,ached. pa es recresents an accurate transcription of • ,' 74- electronic c1 ecording- of the oral. argrTrIgint before the •Tuoreme. CouFt of The anited States in the. Matter of: ir 184-1360 - ITYOF RENTON, ET AL. , Appellants V. PLAYTIME THEATRES ; INC. , L - 1-. • ii and. that. these attached pages cansti.tc:tes the. original - - - • transcript of the proceedings for the. records of the court (B.E2CRT:ER) . _ . . • . - ( - . . . • . i . • , ----'- , _ ....- - . . a RENTON CITY COUNCIL . Regular Meeting November 18, 1985 Municipal Building Monday, 8:00 p.m. Council Chambers M I NUT E S CALL TO ORDER Mayor :Barbara Y. Shinpoch led the Pledge of Allegiance to the flaOnd called the meeting of the Renton City Council to order. ROLL CALL OF JOHN1W. REED, Council President; RICHARD M. STREDICKE, KATHY A. COUNCIL MEMBERS KEOLKER, ROBERT J. HUGHES, EARL CLYMER, THOMAS W. TRIMM, NANCY L. MATHEWS CITY STAFF BARBARA Y. SHINPOCH, Mayor; MICHAEL W. PARNESS, Administrative IN ATTENDANCE Assistant; MAXINE E. MOTOR, City Clerk; LT. H. RAY CALDWELL, Poli'e .Department MINUTE APPROVAL, MOVED BY REED, SECONDED BY TRIMM, COUNCIL APPROVE THE COUNCIL MINUTES OF NOVEMBER 11 , 1985, AS WRITTEN. CARRIED. U. S. Supreme Counciilwoman Keolker addressed the Council regarding her trip Court Report to Washington, D.C. . to attend the U. S. Supreme Court hearing on City of Rento the City of Renton v. Playtime court case. She thanked her ' v. Playtime colleagues for authorizing the trip, and noted her special interest not only as an elected official but as the former coordinator of the Citizens for a Quality Community Committee, which initially lobbied the Council on the issue of adult theaters. Ms. keolker shared her personal observations of the Supreme 'Court buildiing, impressive in its simplicity; of the Justices themselves; and the proceedings, which she felt were favorable to the City' s case. Praise was extended to the City' s complement of attorneys for intelligent and dignified representation throughout the process; with particular credit and thanks given to Larry Warren for hits key role in guiding the Council from the very beginning of the. litigation. Councilwoman Keolker hoped for swift and positive resolution of the case, but, win or lose, the community should' be proud that it stood by its convictions. She gave each Council member and Mayor Shinpoch a memento of the trip, a key ringiwiith the Supreme Court insignia engraved with the date of the court case, which were purchased at her own expense. City Attorney CityAlttorney Warren thanked Ms. Keolker for her _kind remarks, Report - City and noted that many people have been involved in the effort of Renton v. who Ijave not received credit. He commended Council members for Playtime ' their support in the matter, and for providing him the ' opportunity to carry the case to the Supreme Court. Mr. Warren reported that the presentation given by E. Barrett Prettyman, the City' s attorney, was well-prepared and professional , and input from spectators was positive and encouraging. ,: He advised that the precedent-setting decision will not be available until at least April of 1986, The Justices have already taken a preliminary vote on the case, and the writing ' of the, opinion has been assigned by the senior Justice on the prevailing side to another Justice. Drafts will then be circulated iuntil an agreement is reached. Mr. Warren also indicated plans . to give Council members a memento at a later date, purchased at his' Own cost. He clarified that although travel expenses for himself and Assistant City Attorney Dan Kellogg were authorized ' by the, City Council , costs for other members of the law firm were' not funded by the City. AUDIENCE COMM NT Chuck Slothower, 517 South 17th Street, indicated that he and City of Rento his wife, Penny, had attended the U. S. Supreme Court hearing v. Playtime on behalf of Citizens for a Quality Community. He described ' their 'impressions of the proceedings and shared the optimism of both Councilwoman keolker and City Attorney Warren that the , outcome will be favorable. Travel Costs Sandy Webb, 430 Mill Avenue South, approved of one Council : member:' s decision not to take pre-authorized trip to Consulting 1 Washington, .D.C. He referenced matter of hiring former Services employees for consulting services (Council Minutes of 11/4/8 ) , VUIUUle V I, ivU. .-'�. - Renton Playtime have their dayin high court • -- White,that locating an adult theater In a hallway after the hour-long ments,Burns said,"I expected some - #+?; By CLYDE WEISS near homes, schools and churches hearing in the crowded marble hostility and there was some(from , 4 ''=, s a. ? Washington Bureau had a proven "harmful" effect on chamber,Burns said to a reporter, the bench).I expected more support *! a . - ' WASHINGTON — The city of the neighborhood. "Would you say "Maybe I did concede too much" from certain justices that didn't `'' r , ,.1,. Renton defended its adult theater Renton can't exclude(the theaters) when he gave his answer to White. materialize." wi.h l „ zoning ordinance Tuesday before from these locations?" But Burns insisted it shouldn't Burns did not name those justices. , I .. 4 - the U.S. Supreme Court, while an Burns answered, "If they can make any difference because the However,the Supreme Court has {' ¥ Ak s r' attorney for an X-rated theater show substantial harm, I believe court record lacks proof that having ruled before in favor of city zoning ,i f ""`�;.-- "° #• 'n ,` :, claimed the city was relegating his they can regulate them." an X-rated theater in Renton would ordinances that attempt to regulate a -,.- co client to an"industrial wasteland." White asked if that meant Renton cause harmful effects on the com- adult theaters.In 1976,in Young vs. •'j' ,CT i-iI. Attorneys for the two sides then could limit adult theaters to the munity. American Mini Theatres Inc.,five of r 1 --..,•k;-`Rr.4 ` squared off in the marble-columned 520-acre parcel set aside by the city "I would not have gone that far if I the current justices concluded the - - : chamber of the nation's highest where adult theaters would be al- had been him,"said Renton's promi- city of Detroit could place adult i ` •i lily, g court,and it soon became apparent lowed—the same area Burns called nent Washington,D.C-,attorney,E. theaters into restricted areas to .'.f ° , .,` 7` that the attorney for Playtime an"industrial wasteland." Barrett Prettyman."But you have to preserve the"quality of urban life" , a,?,, ,. la Theatres, Inc,, made a significant "If there is adequate proof of present the case as best as you can." Chief Justice Warren Burger and , "':';; t�� N J s • ., concession he later suggested may substantial harm,they can zone our Renton City Attorney Larry War- associate justices William Rehn- �,� " ' o have hurt his case. the X-rated movie houses, Burns ran looked pleased after the hear- quilt, John Paul Stevens, Lewis ,, . -, �¢'- N The court,which previously has replied before the nine justices- ing, and expressed, surprise at Powell Jr. and White sided with 41.1,, • ' allowed cities to regulate adult thew- "Even if other sites are unavail- Burns' concession in court, even Detroit,while justices Harry Black- u' `` 't >13¢ ?It ,`r p ters through zoning laws,took direct able (for the theaters)?" asked though he noted"it's hard to specu- mun, Thurgood Marshall and Wil- T\:•',•.:> 7 7 - Z / ti 'I aim at Playtime attorney Jack White. late"how important Burns'remarks lien Brennan Jr. sided with the '• r ' i ` '{ Burns'contention that Renton went "The problem here is they zoned it will be in the justices'minds. theater in that case. E.Barrett Prettyman too far with its own zoning law. out of commercial as well as rest- While Prettyman said he was Justice Sandra Day O'Connor was Jack Burns Li Suppose, said Justice Byron dential areas,"said Burns. "rather pleased"by the oral argu- See HIGH COURT,page A4 -d cn High court . . _ • .� • , Continued from page Ai not on the court at the time. The adult theater has remained in its own,the impact of adult theaters here. Adult theaters are pro- ; Burns said the"lines in the court t operation all along. on a community. liferating...and we have made a a ;are fairly well drawn," and he In arguing for the city in its appeal "If they're going to infringe on good faith attempt not to direct(the U h expects Justices Powell and Stevens to the Supreme Court, Prettyman constitutional rights,the.answer is ordinance) at a single theater.We I--I ;to be the swing votes.Each wrote said Renton's ordinance was jus- yes," Burns said. He maintained wanted to deal with the problem in Z opinions siding with Detroit but tified under the court's Young rul- there is no evidence that adult advance." P taking different roads to get there, ing because it was not based on the theaters have any different impact Taking his turn before the jus- Z (,and their opinions could weigh heav- contents of the adult movies,but on on a community than any other adult tices, Burns argued there is no U E ily with the other justices this time. the effects an adult theater has on a business not regulated by ordinance. evidence that X-rated theaters at- e Prettyman initiated the hearing community, including attracting Prettyman countered that the City tract undesirable elements. P ,with a reiteration of the facts of the transients and crime. Council did consider the experi- "What you're saying is we can't 0 ;case. The suit, which could have Prettyman reminded the court it ences of other cities,but could not take judicial notice to the con- c.....) :nationwide impact, essentially be- had previously approved two have studied the specific impact one trary?"askedChiefJusticeBurger. W e gan April 13,1981,when the Renton methods of using zoning ordinances would have on Renton because there Justice Rehnquist asked why Re- P4 ;City Council adopted,by a 5-1 vote, to control adult theaters—by con- were no other adult theaters until nton couldn't rely on the experi- i an ordinance prohibiting adult thea- centrating them into one area or Playtime came to town. ences of other cities to conclude it a ters from being located within 1,000 dispersing them out from an area. "The most that you've got is an needed an ordinance controlling f-I feet of any residential area,church Asked by O'Connor if the city inconvenience," Prettyman said of adult theaters. "I think it's risky," •or park,or within a mile of a school adopted its ordinance based on some Renton's ordinance."Do they(adult said Burns,"to rely on the experi- I(later reduced to 1,000 feet). evidence that adult theaters would theaters)have a constitutional right ences of other cities. -. Even though there were no adult have a negative effect on the city, to be where they want to be or can "At least that'would-be some theaters in Renton at the time,the Prettyman said,"What was there for we put them away...and every- evidence,wouldn't it?"asked Jus- city set aside an undeveloped area us to study?They at in there body can see what they want to?" tice Stevens. !equaling 4.1 percent of the city— yet." Burns told the court Renton's "You do not take a sledgehammer 520 acres—where adult theaters Prettyman said the city relied on a ordinance was related"solely to the when a scalpel will do,' Burns could be located. study made in Seattle for an ordi- 'perceptions about the content of the replied. , Nine months later, Playtime nance later upheld by the state speech(the film itself),"and Pretty- Burns said if a theater causes x+ `Theatres purchased two existing Supreme Court that regulated adult man agreed the nature of the films transients to congregate,"let's deal '<-,-.t t 4 movie houses.Just before opening theaters. and their secondary effects — with it in a specific way." one as an adult theater, Playtime But Burns told the court there is bringing in transients and crime— "Provide them with bus tickets?" won a preliminary injunction keep- no evidence that Renton city coun- "are related." asked Rehnquist,causing the other- ing Renton from enforcing its zon- cilmen ever directly used studies by However,Prettyman told the jus- wise silent audience to burst out in ing ordinance. other cities before enacting its ordi- tices, "You shouldn't"explore the laughter. But a district court judge later nance.Burns acknowledged,howev- intent of the City Council in impos- Burns later said the court would i.ruled against Playtime. Then, in er,that Renton officials had read of ing the ordinance,"and if you do," probably not issue its decision at i November 1984,the U.S.9th Circuit the Seattle study once it was de- the justices should not use "some least until April. In the meantime, 'Court of Appeals overturned the scribed in the state court ruling._ kind of subjective finding of what the adult theater in Renton con- tdistrict court and held Renton's "That may be the best evidence," the City Council had in mind." - - -tihues showing its X-rated movies,1 ordinance violated the 1st Amend- suggested O'Connor,who then ask- He said the city was "trying to and Burns said it's not causing the'I f,merit of the Constitution. ed if the city should have studied,on deal with a very serious problem city any problems. i lir 4 Renton City Council 11/4/85 Page four New Business continued Parking & Loading Planning and Development Committee Chairman Stredicke asked that Ordinance Changes - staff reports regarding proposed changes to the Parking and Compact Car tall Loading Ordinance as requested by The Boeing Company be Computations available to the Committee on 11/14/85. Renton Saili g Upon inquiry regarding the matter of Renton Sailing Club Club Revocable Permit permit agreement for street use at the end of North 52nd PAG 1252-68 Street, it was determined that Councilmembers should provide individual written opinions to Council President Reed within a week or 10 days. An extension of the agreement, granted last year by the Board of Public Works, is due to expire on 12/31/85. (Board of Public Works granted permit extension on 1/30/85 through 12/31/85 with the condition that the permit will not be granted after 1985 and the Park Board be so notified.) The final decision of the Board of Public Works when made at its December meeting will be appealable to the Hearing Examiner and Superior Court. ADMINISTRATI E Mayor Shinpoch reported that a new Kawasaki motorcycle has REPORT been donated to the Renton Police Department by a local couple, Motorcycle D.nated who purchased it at the recent Poncho auction. Their names will be announced when the transaction is complete. E-911 The new King County emergency calling system, E-911 , is in effect and has already resulted in saving a Renton man's life according to a telephone company ad last week. On another Sewer Crew matter, sewer crews rescued a woman trapped in her overturned Commended car after it was stuck by a truck in the park. A special commendation was extended to crew members Donald Jacoby, Oscar Cantu and Steven Hatke for their courage and fast action. Noise Complaint - Council referral of 10/28/85 regarding noise at Jocko's Tavern: Jocko's Tave n Building and Police Departments have investigated the complaint. A full report will be available after 11/5/85. Traffic in Council referral of 10/28/85 regarding traffic in NE Quadrant: NE Quadrant Trees obscuring a stop sign at the intersection of NE 10th Street and Redmond Avenue NE will be trimmed. Over the next two weeks, the traffic pattern on NE 10th Street will be analyzed by staff. Maplewood Golf Funds in the amount of $2,162 to repair the drain field at Course Drain Maplewood Golf Course when a septic tank failed last week Field will be recovered from the excess revenue from the golf course. However, the drain field will need further attention, and funds will be included in the 1987 Comprehensive Improvement Program to install a line from the drain field to the Metro sewer system. Henry Moses Council referral of 10/28/85 regarding operation of Henry' Pool - Year Moses Pool at Liberty Park on a year-round basis: Construction Round Operation costs will range from $60,000 (bubble cover) to $1 .5 million (building over existing pool) . Operating costs for utilities ($64,500) , maintenance and repairs ($7,500) , supplies ($4,200) , staff ($85,000) , and administrative and miscellaneous expenses ($6,500) total $167,000. The total operating and construction costs for operating the pool 12 months per year would be approximately $227,000 to $1 ,667,700. In comparison, fuel costs , were about $8,000 for the 1985 three-month summer period. Playtime Court Mayor Shinpoch wished the City Attorneys well on their trip Case - U.S. 1� to Washington, D.C. Appreciation was extended for flawless Supreme Court` performance during the Playtime court case process, which has , 11/12/85 been ongoing for the past four years. 1986 City of Mayor Shinpoch presented the 1986 City of Renton budget in the Renton Budget balanced amount of $54,642,000, which includes total expenses of $44,835,00 and 1985 ending fund balances of $9,807,000. The total operating budget is $20,967,000. Self-insurance programs will continue and the rainy day reserve fund has been increased from 8% to 9.6%. In order to continue the long-range Water/Sewer Capital Improvement Program, a 14% increase in utility rates must be sought. This represents Renton City Council 10/28/85 Page five Ordinances and Resolutions continued Ways and Means Committee Chairman Clymer presented a report recommending the following resolutions for reading & adoption: Resolution #2626 A resolution was read authorizing W. E. Bennett, Acting Finance Safekeeping Director; S. Joan Pringle, Budget Supervisor; and Deanna J. Agreement Adair, Fund Accounting Supervisor, to enter into a safekeeping agreement with Rainier National Bank. Resolution #2627 A resolution was read providing for the transfer of $3,000.00 Fund Transfer from Contingency Fund unto Current Fund - Police Investigation for Police Fund. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE Investigatio RESOLUTION AS READ. CARRIED. Vouchers Ways and Means Committee Chairman Clymer presented a report recommending that Vouchers 9822 through 10072 in the amount of $854,064.00, having received departmental certification that merchandise/services have been received or rendered. Vouchers 9825 through 9829 were machine voided. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL APPROVE THE VOUCHERS AS PRESENTED. CARRIED.. Renton Sailing Council President Reed referenced matter of Renton Sailing Club Permit Club permit agreement to use street right-of-way at N. 52nd PAG 868-65 Street, due to expire December 31 , 1985. Mayor Shinpoch reported that the matter of whether or not to extend the agreement will not be reviewed by the Board of Public Works until December. Reed preferred individual response by Councilmembers on this matter. NEW BUSINESS An estimate of costs to cover Henry Moses Pool at Liberty Park and Henry Moses extend its operation to a year-round schedule was requested by Pool Councilman Stredicke. Stop Signs Councilman Stredicke requested the Administration obtain a on NE 10th Street report from Traffic Engineering on the circulation pattern on NE 10th Street from Sunset Boulevard to Union Avenue NE. He indicated he has received complaints from citizens who feel there are too many stop signs in a very short distance. Out-of-State A request was made by Councilman Stredicke that an informational Travel Report report be prepared by staff traveling at the City's expense to conferences and schools out of state. Information can then be shared via the report with other staff members and Council . Mayor Shinpoch indicated that Police Chief Alan Wallis plans to address the Council regarding his summer at FBI School during budget hearings. Eagle Point Councilman Stredicke asked for a status report from the Fire Apartment Fire Department regarding recent fire at the Eagle Point Apartments in Renton. Cause of the fire and remedial action, if necessary, were requested to be included in the report. Mayor Shinpoch assured that following each fire, a full evaluation is made by Fire Department staff. ADMINISTRATIVE Council inquiry of 10/21/85: Sign permit listed in Council REPORT minutes of 8/9/85 issued to Leroy Skjonsberg was for 30-day Sign Permits readerboard sign, not 30 signs. United Way Employees have contributed a record $11 ,600.00 to United Way so far. Appreciation was extended to Personnel Director John McFarland and department coordinators for their efforts in the campaign. Fund raising activities included bowling and golf tournaments and a 5K race. Good Mornin. ABC Supreme Court correspondent Tim O'Brien has filmed an America interview with Mayor Shinpoch and City Attorney Warren to be Pia 'u- our aired on Good Morning America on November 12, 1985, the day Case the U.S. Supreme Court will hear the Playtime case. Film footage of areas adjacent to the Renton Theater as well as shots of industrial areas where adult films would be allowed will be included in the television segment. City Attorney Warren added that he has also been interviewed by the Los Angeles Times due to interest by cities of Long Beach and Whittier, California, which have similar cases pending. Renton 'City Co cil t October 21, 19:5 Page four OLD BUSINESS - Continued ' • Legal Counsel MOVED BY STREDICKE, SECONDED BY.HUGHES, COUNCIL AUTHORIZE TRAVEL Travel EXPENSES OF DANIEL KELLOGG AND LAWRENCE WARREN (City Legal Counsel) Authorization FOR THEIR TRIP TO THE U.S. SUPREME COURT HEARING ON 11/12/85 IN WASHINGTON, D.C. , REGARDING PLAYTIME THEATERS. CARRIED. Sign Permit Councilman Stredicke requested' clarification of sign permit listed • Inquiry for week ending 8/09/85; issued to Leroy Skjonsberg to install 30 readerboard signs. ORDINANCES AND RESOLUTIONS Wa s and Means Waysj and Means Committee Chairman Clymer presented a report Committee , recommending the- following ordinances for second and final reading: Ordinance #3950 An ordinance was read establishing a special assessment district Sunset Boulevard for the Sunset Boulevard North street project. between Bronson Way North Special North,' Houser Way North, and I-405 and establishing the amount of Assessment Di trict the charge upon redevelopment of abutting properties. MOVED, BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3951 An ordinance was read amending a portion of Chapter 18 of Title Undergroundina Title 'IV (Building Regulations) of City Code relating to the cost Ordinance of undergrounding and'stating events requiring undergrounding of . overhead facilities. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ' Ways and Means Committee Chairman Clymer presented a report recommending the following ordinance for first reading: May Creek An ordinance was read changing zoning classification of certain Associates Re one properties at 4904 Lake Washington Boulevard NE from Residence R-051-85 District (R72) to Business District (B-1),' May Creek Associates Rezone R-051-85. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL REFER THIS ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Ways and Means, Committee Chairman Clymer presented a report recommending the following resolution for adoption: Resolution #2:25 A resolution was read supporting legislation for community Community redevelopment financing as scheduled for submission to voters by Redevelopment constitutional amendment in the General Election of November 5, Financing 19851. ! MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE HJR 23 RESOLUTION AS READ. CARRIED. Rainier Bank Ways and Means. Committee Chairman Clymer presented a report Safekeeping recommending approval of the safekeeping agreement with Rainier Agreement Bank!. ; Upon inquiry regarding format of the agreement, it was MOVED BY CLYMER, SECONDED BY HUGHES, MATTER OF THE SAFEKEEPING AGREEMENT WITH RAINIER BANK BE.RETURNED TO THE WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. Councilmember Ways! and Means Committee'Chairman Clymer presented a report Travel • recommending authorization for councilmembers Kathy Keolker and Authorization Earl Clymer to attend the U.S. Supreme Court Playtime hearing in Washington, D.C. , on November 12, 1985. . MOVED BY REED, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Mayor Shinpoch urged coordination of travel plans with budget hearings scheduled for the week of November 12. ADMINISTRATIVE Mayor Shinpoch reported inquiries regarding rowdy activity in the REPORT general downtown vicinity of the Why Grocery Store have been Downtown investigated. In addition to an ongoing police operation in the Disturbances vicinity, supplemental patrols were made of the area this past weekend, resulting in arrests and warnings being issued. Thirty-five hours of police overtime were expended for surveillance of this problem and the loop area. Future concentrated effort is . planned. Renton CityCiuncil I 0 October 21, 1°85 Page four OLD BUSINESS Continued Legal Counsel MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL AUTHORIZE TRAVEL Travel EXPENSES OF DANIEL KELLOGG AND LAWRENCE WARREN (City Legal Counsel) Authorization FOR THEIR TRIP TO THE U.S. SUPREME COURT HEARING ON 11/12/85 IN WASHINGTON, D.C. , REGARDING PLAYTIME THEATERS. CARRIED. Sign Permit Councilman Stredicke requested clarification of sign permit listed Inquiry for week ending 8/09/85; issued to Leroy Skjonsberg to install 30 readerboard signs. ORDINANCES o RESOLUTIONS Wa s and Mean Ways and Means Committee Chairman Clymer presented a report Committee - recommending the following ordinances for second and final reading: Ordinance #39-0 An ordinance was read establishing a special assessment district Sunset Boulev.rd for the Sunset Boulevard North street project between Bronson Way North Special North! Houser Way North, and I-405 and establishing the amount of Assessment Di trict the charge upon redevelopment of abutting properties. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #39-1 An ordinance was read amending a portion of Chapter 18 of Title Undergroundin: Title IV (Building Regulations) of City Code relating 'to the cost • Ordinance of undergrounding and stating events requiring undergrounding of overhead facilities. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ways and Means Committee Chairman Clymer presented a report ; recommending the following ordinance for first reading: May Creek An ordinance was read changing zoning classification of certain Associates Rezone properties at 4904 Lake Washington Boulevard NE from Residence R-051-85 District (R-2) to Business District (B-1), May Creek Associates Rezone R-051-85. MOVED BY CLYMER, SECONDED BY HUGHES,T COUNCIL REFER'THIS ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Ways, and Means Committee Chairman Clymer presented a report recommending the following resolution for adoption: Resolution #2:25 A resolution was read supporting legislation for community Community redevelopment financing as scheduled for submission to voters by Redevelopment constitutional amendment in the General Election of November 5, Financing 1985. E MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE HJR 23 RESOLUTION AS READ. CARRIED. Rainier Bank Ways and Means. Committee Chairman Clymer presented a report ' Safekeeping recommending approval of the safekeeping agreement with Rainier Agreement Bank. Upon inquiry regarding format of the agreement, it was MOVED BY CLYMER, SECONDED BY HUGHES, MATTER OF THE SAFEKEEPING AGREEMENT WITH RAINIER BANK BE-RETURNED TO THE WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. Councilmember Ways and Means Committee Chairman Clymer presented a report Travel recommending authorization for councilmembers Kathy Keolker and Authorization Earl Clymer to attend the U.S. Supreme Court Playtime hearing in Washington, D.C. , on November 12, 1985. MOVED. BY REED; SECONDED BY MATHEWS, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Mayor Ishinpoch urged coordination of travel plans with budget hearings scheduled for the week of November 12. • ADMINISTRATIVE Mayor Shinpoch reported inquiries regarding rowdy activity in the REPORT ' general downtown vicinity of the Why Grocery Store have been, Downtown investligated. In addition to an ongoing police operation in the Disturbances vicinity, supplemental patrols were made of the area this past weekend, resulting in arrests and warnings being issued. Thirty-five hours of police overtime were expended for surveillance of this problem and the loop area. Future concentrated effort is .planned. WAYS AND MEANS COMMITTEE COMMITTEE REPORT OCTOBER 21 , 1985 ORDINANCE AND RESOLUTIONS The Ways •nd Means Committee recommends the following ordinances for second and final reading: Sunse Blvd. North Latecomers Agreement Underlrounding Ordinance The. Ways .nd Means Committee recommends the following ordinance for first reading: May Creek Associates Rezone (R-051 -85) From R-1 to B-1 - Located at 4904 Lake ashington Blvd. N.E. The. Ways nd Means Committee recommends the following resolutions for reading. and adopt on: Safek eping Resolution with Rainier Bank Support of Constitutional Amendment Regarding Community Redevelopment Financing (HJR23) MISCELLANEOUS The Ways nd Means Committee recommends that Kathy Keolker and Earl Clymer be authorize to attend the Supreme Court Playtime hearing in Washington D.C. on November 2, 1985: E ymer,l airman Thomas 4r Ynm Roes u. es f: ....... • .. • • DAILY RECORD CHRONICLE SUNDRY, OCTOBER 13, '1985 • Dirt movies" . . . • issuenotsole . . for high court• • . . . . • : By TONY DAVIS ■Some also worry that the court . Staff Reporter may, 'for the first time,.clearly ' When the case f Cityestablish that some kinds of speech o f Renton, and expression are less worthy than et.al.versus Plait me Theatres Inc. others,'of protection from the gov- • et.al.goes before he U.S.Supreme ernment. • Court Nov.12,a I. more will be at •Representatives of municipal stake than one ci y's adult movie interest groups,frustrated at watch- house ordinance, ing adult entertainment-control or- 'On one level,the court will be the dinances wind up in court,want the last battlefield in a nearly four-year Supreme Court to make clear pre- • war between the c ty and one-time cisely how they can regulate such adult theater magn:to Roger Forbes businesses.• over his operation 'f the downtown • ■Other municipal interests say Renton Theater. • this case could establish what kind 1 The city,which i•trying• h' g to move of studies they have to do before the theater out o downtown, is passing ordinances controlling a challenging a federal appeals court whole range of behavior, not just ruling that found is adult movie adult movie houses. theater ordinance u Constitutional. Adult entertainment is one area i But it will also se ve as a national where courtroom squabbles have i test of what one con titutional scho- been frequent.One official with the lar, Lawrence Tri a of Harvard National Institute of Municipal Law University,likes to call"thepower of erogenous zonin Officers, a non-profit group in , The case could srike new legal Washington, D.C., that represents g city,county and state governments ground concerning city's ability to• across the country, estimates that , use zoning powers t regulate adult more than 100 cities have been sued �businesses.Nearly dozen groups, over their attempts to regulate f - ranging from Bove nment to civil where adult movie theaters and liberties to booksel ers have filed bookstores can go. briefs in the case,so e for the city, In 1976,the U.S. Supreme-Court • some for the theate took its first stab at this issue when it 1 Among their conc rns: upheld a Detroit ordinance that !III Representative of book pub- .forbade adult theaters or bookstores• ushers bookselle rs, libraries artes and from locking closer than 1,000 feet other literary organ zations worry from one another or 500 feet from a that a court decision gainst Forbes residential area. could lead to restrict ons on the sale Three Years later,the high court — - - • of books far less sal:cious' than the agreed v/ith,a Washington Supreme --- movies shown at the Renton Court'ruhng upholding a Seattle law j ters off to war to preserve the that said any kind of books that are Theater. that fbrbade adult theatres from citizen's right to see'Specified Sex- sufficiently sexually explicit that ' • locating anywhere but in three ual Activities'exhibited in the thea- they are not appropriate for minors zones totalling about 2S0 acres. ters of our choice." can only be sold in a particular part To some extent,the City of Renton Powell,however,wrote that,"I do of town, you would have many used these ordinances as guideposts not'think we need reach,nor am I current best sellers and books on in drawing up its own ordinance, inclined to agree with (Stevens' sex and marriage that might wellnot ;s' which'now stands before the Sup- position) that non-obscene, erotic reme Court. generally be available throughout a materials may be treated different-. city," said Michael Bomberger, a Renton City Attorney Larry War- ly under First Amendment princi- lawyer for the Media Coalition, • ren said the city's ordinance copies ples from other forms of protected which filed a brief with the Supreme almost ell of the Seattle and Detroit expression." Court on the side of Playtime definitions of such terms as"adult The current court is slightly more Theatres. • • theater," "specified anatomical conservative than that of 1976.Mod- Renton City Attorney Warren, areas"I and "specified sexual ac- erate Justice Potter Stewart has however, said the only way such tivities" � stepped down in favor of conserve- materials could get regulated would In other ways,Renton's ordinance tive Justice Sandra Day O'Connor. be if a city had proof that the sale of is sort of a hybrid of a"dispersal" This has provoked some worries such books would have negative ordinance like Detroit's or a"con- among book trade groups that five effects. Also, any such law would centration"ordinance like Seattle's. justices might side with an opinion have to guarantee the public's I'ac- It forbids adult theaters from set- similar to what Stevens wrote in cess to non-obscene materials,since • tine ups shop closer than 1,000 feet 1976.That fear is specifically what their sale cannot be banned,he said. • from any residential zone, school, drew at least one booksellers group Meanwhile, Steve Chappell; a church'or public park. But unlike into the Renton case. lawyer for the U.S. Conference'of • Detroit,it does not require them to "I frankly wouldn't want to have Mayors,said his group has entered be any particular distance apart. an adult bookstore one block from the case to learn what cities can, _ • And the Supreme Court's Detroit my home,"said Maxwell J.Lilliens- legally.do in restricting adult! ruling vas hardly a ringing prece- tein,a lawyer for the New York City- businesses.His group,is represent-'- 7 dent.Four justices wrote one opin- based National Booksellers Associa- ed in a brief that the State and Local ion in favor of Detroit and four tion, which joined numerous other Legal Center filed on Renton's side i' dissented.The ninth,Justice Lewis groups in filing a brief on behalf of on behalf of the mayors'group and • Powell,'wrote a separate opinion Playtime. five other governmental associa- • that sided with the city of Detroit, "But we are concerned that the tions. but dis'greed with his four cal- variable standard principle will be "We're not in this case because'we leagues'on a key point: Whether applied to historical romances, don't like dirty books," Chappell some kinds of expression deserve books with explicit descriptions of said in a telephone interview from more protection than others. sex like the Joy of Sex,or almost any his office; near Washington, D.C.' 1"Whe her, political oratory or Harold Robbins novel." "All we want to do is figure out what • philoso hical discussion moves us Literary groups are also concern- the rules are.Every city in America to apple d or to despise what is said,• ed that the Renton law's provision that tries to regulate these busines- every schoolchild can understand establishing an area for adult books- ses ends up in court."' II why our duty to defend the right to tores could lead to the setting aside Another group represented in that speak remains the same," wrote of similar zones for other kinds of brief — the American Planning . Justice John Paul Stevens in the lead sexually explicit, but non-obscene, Association — wants to know if a opinion in the case."But few of us novels. • city may rely on studies by outside would march our sons and daugh- "If people'started passing laws groups before it draws up laws, 1. • • • • ' . ' \9.) I~l E "'U� OF R� C,. ��' OFFICE OF THE CITY ATTORNEY • RENTON,,� 41 WASHINGTON 0 ,% POST OFFICE BOX 828 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8878 p9 �� LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY DAVID M. DEAN, ASSISTANT CITY ATTORNEY �9. 6-0 SEP-W4- MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY September 17, 1985 TO : Ted Bennett FROM: Lawrence J. Warren, City Attorney RE : Playtime Theater Tax Judgment Dear Ted: The judgment that we have obtained against Playtime does not require payment on any certain date. It just establishes the amount that is due and owing. We have the ability to go back to Court and get further judgments entered. I have also agreed with Playtime that if they should prevail in the Supreme Court that they may offset this judgment or part of it against costs that we will owe them. As I understand it , Playtime is doing business only with the Renton theater. All the other theaters have been closed or sold. I have received calls from the State of Washington and the Internal Revenue Service seeking information about Playtime and Mr. Forbes . His corporations apparently are not paying their taxes as they come due. The only way that I can see to collect on the judgment would be to get a writ of garnishment on the box office proceeds . The cost of getting that writ of garnishment issued would be more than we can anticipate obtaining through garnishment . It may be that we would benefit by seeking to remove Playtime' s business license , through the Courts , because of non-payment of taxes . Alternatively, we may wish to force Playtime into bankruptcy. However, because of the posture of our case before the United States Supreme Court, all of those alternatives are risky. To summarize what I have been attempting to say in this letter, I do not think we should do anything on this case until after the Supreme Court has rendered its decision. Do not expect A J i i i III Ted Bennett Pag 2 Sep ember 17, 1985 payment from P aytime. In fact, do not expect to be paid the admission tax, at all. This case presents us with the opportunity to 'disprove Mr. Forbes' statements that he is a' law abiding ' cit' zen and it has benefits for that purpose. It also provides us ith a sum certain we can offset against any future costs or att me ' s fees . Outside of that, I do not think we are going I to ccomplish; i uch else. If you have any questions, please let me know. Lawrence J. Warren LJW:nd cc: Mayor l , . I I { II I _ - OF R4� • I 04. a OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON POST OFFICE BOX 828 100 S 2nd STREET • RENTON, WASHINGTON 98067 266-8878 Z eta O .." LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9,o k. DAVID M. DEAN, ASSISTANT CITY ATTORNEY � Qs �TF0 SEP-r`"- MARK E. BARBER, ASSISTANT CITY ATTORNEY August 21, 1985 ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY TO: Mike Mulcahy FROM: Lawrence J. Warren, City Attorney Dear Mike : Please find enclosed a copy of the bill from H. Bartow Farr III on Playtime. He is serving as a consultant on the briefing and argument to the Supreme Court. Could you see that his bill is paid directly to his firm. Very my yours, Lawrence J. Warren LJW/jw Encl. cc: Mayor Shinpoch • of R4,4, A. OFF - OF THE CITY ATTORNEY • RENTON, WASHINGTON V 0 `/ POST OFFICE BOX 828 100 S 2nd STREET I RENTON, WASHINGTON 98057 255-8878 wIL 0 LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY DAVID M. DEAN, ASSISTANT CITY ATTORNEY 0 9�TED SEPq . (P MARK E. BARBER, ASSISTANT CITY ATTORNEY August 16, 1985 ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY TO: Barbara Y. Shinpoch, Mayor Members of City Council FROM: Lawrence J. Warren, City Attorney Dear Madam Mayor and Members of City Council: You will find attached a copy of a Stipulation of Defendants McRae in the King County Superior Court action against Playtime Theatres, Inc. At the time of trial, the Court entered an Order severing the McRaes from the case. The City agreed for tactical reasons. One of our arguments to the King County Superior Court was that the Federal Court decision finding the City ordinance constitutional was binding on the Superior Court under the doctrines of res judicata and collateral estoppel. Before those doctrines could be applied against Playtime Theatres, there had to be an identity of parties. The McRaes were not parties to the Federal Court suit and so could not be parties to any order of res judicata or collateral estoppel. Since the main objective was to have the ordinance declared constitutional, it was prudent to sever out the McRaes for trial at a later time. The effect of this. Stipulation is to bind the McRaes to any decision of the United States Supreme Court or the Washington State Appellate Courts concerning the City' s ordinances. In effect, this eliminates any possibility of a trial by the McRaes on the constitutionality of the City' s ordinance. We were able to achieve our objective by severing out the McRaes, as the trial court found our ordinance constitutional, partially on the grounds of res judicata and collateral estoppel. We now have recombined the McRaes to the case without any real extra effort. For the City, it was the best of both worlds. • • Barbara Y. Shinpoch Members of City Council August 16, 1985 Page -2- There was a slight concession necessary to obtain this Stipula- tion. The McRaes had sued Playtime and the City of Renton to forfeit the real estate contract under which Playtime Theatres was purchasing the Renton theater. The City' s only interest to the property was a lis pendens that the City had filed giving notice to the world of our State Court lawsuit. I permitted the lis pendens to be set aside, as our action against Playtime had been fully tried and McRaes were agreeing to be bound by that judgment. I spent a substantial amount of time trying to figure out if there was any risk in this approach. I could think of none. The only risk that I could see was the risk to the City of incurring attorney' s fees in defending the McRaes'. suit without any real benefit. Once I was given the Stipulation in exchange for our agreement to lift the lis pendens, I could see substantial benefit to the City without any substantial likelihood of detriment. I know the procedures may be complicated. There are further details that I could have told you that would only complicate the matter more. In effect, however, the City has avoided a potential trial challenging the constitutionality of the City' s ordinances without making any substantial concessions. If there are any questions, I would be happy to answer them. Very truly yours, Lawrence J. Warren LJW/jw Encl. LL..' . ' . '! F 1 rl 2 AUG ) 'i1935 3 ' 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 6 IN AND FOR THE COUNTY OF KING 7 CITY OF RENTON, et al , ) ) 8 Plaintiffs , ) ) 9 vs . ) NO . 82-2-02344-2 PLAYTIME THEATRES , INC . , ) 10 et al , ) STIPULATION OF DEFENDANTS � McRAE 11 Defendants . ) 12 ) 13 COME NOW Defendants McRae herein and stipulate that 14 they will be bound by the United States Supreme Court decision 15 in City of Renton v. Playtime Theatres , Supreme Court of the 16 United States cause number 84-1360 as to the Federal constitu- 17 tionality of the City of Renton' s ordinances involved herein 18 and the decision of this Court or of the Washington State 19 Court of Appeals or Washington State Supreme Court in the appeal 20 of this case , as to the State Court constitutionality of those 21 same ordinances , without the necessity of retrying those issues 22 as to these ' - fendants . 23 DAT: D t. ' : day of il 0 A Y 1985 . 24III *I_ 25 .'441 c ae eet Williams , Lanza, Kastner & Gibbs 2 6 �- 27 tttic-sti-t-4c/ (h-4/1_ awrence J . ; rren 28 City Attorney for City of Renton WARREN & KELLOGG. P.S. ATTONNEYS AT LAW f00 SO. SECOND ST.. P. O. SOX SSG A � . a OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98067 255-8678 0 LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY cc,Q DAVID M. DEAN, ASSISTANT CITY ATTORNEY I,-CO SEPZ�MO MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY August 16, 1985 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY Jack R. Burns, P.S. 10940 N.E. 33rd Place, Suite 107 Bellevue, WA 98004 Dear Jack: This note is to advise you that the Agreed Order Granting Judgment to the City of Renton in the Playtime Theatres ' tax case was signed by Court Commissioner pro tem Murray A. McLeod on August 14, 1985. The Order was entered by our prior agreement as further conditioned by your letter of August 12, 1985. Very truly yours, Lawrence J. Warren LJW/jw cc: Mayor Shinpoch 1714( OF R4,A 411 V M OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON V `b © Z POST OFFICE BOX 628 100 5 2nd STREET • RENTON, WASHINGTON 98057 255-8478 p LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY Q, DAVID M. DEAN, ASSISTANT CITY ATTORNEY 947, SEP�,MO� MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY June 26, 1985 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY Mr. Jack R. Burns 10940 N.E. 33rd Place Suite 107 Bellevue, WA 98004 Re: City of Renton v. Playtime Theatres, Inc. Dear Jack: This letter is a confirmation of a telephone conversation of June 25, 1985 . During that conversation I indicated to you that the Ninth Circuit has told me that upon entry of its Order the entire case of Playtime v. City of Renton was sent back to the District Court and that if there is any judgment for costs, it existed at the District Court level . I contacted the District Court and they acknowledged receipt of the Order, but because of the appeal to the Supreme Court, do not know the exact status of the judgment, or whether or not a judgment exists at all. So that we can quit dancing around this issue, I propose that the amount of the judgment for costs be offset against admissions taxes owing for the first quarter of 1985, and not long thereafter, the second quarter of 1985 . The amount of the costs that have been taxed appear to be $1,098 . 20 . That amount should cover the first quarter taxes, and a portion of the second quarter taxes. The City would agree not to charge any penalty for late payment, except as it related to amounts of admissions tax not offset. If the Supreme Court should ultimately decide in the City of Renton' s behalf, and the costs awarded to Playtime should be reversed, then the City would have the right to claim the amount of the offset as additional unpaid tax. However, the City would not claim a penalty to the extent of the offset. 4 _ _� Mr. Jack T. Burns ' June 26 1985 V Page 2 If this meets with your approval, please let me know so that I might h-ve authorization to enter the previously agreed upon order o summary judgment. . Very truly yours, Lawrence J. Warren LJW:nd cc: Mayer r /(1 i 160 ' CITY OF RENTON, WASHINGTON / ORDINANCE NO. 3912 AN ORDINANCE OF THE CITY" OF RENTON, WASHINGTON, AMENDING CHAPTER 28 (CABARETS) OF TITLE VI (POLICE REGULATION1S) OF ORDINANCE NO. 1628 ENTITLED "CODE / OF GENERAL ORDINANCES OF THE CITY OF RENTON" BY DELETING /CERTAIN SECTIONS, AMENDING OTHER SECTIONS / AND ADDIG DEFINITIONS AND DECLARING AN EMERGENCY ; THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO,' 0 AIN AS FOLLOWS: /' J SECTION I: Existing Section 6-2801 of Title VI (Police / •egulations) /'of Ordinance No. 1628 entitled "Code of General Ordinances / // of the City of Renton" is hereby amended to read as follows: / I / /Section 6-2801: DEFINITIONS: When used in this Chapter / and unless otherwise distinctly expressed, the following words and/ phrases ;shall have the meaning set out herein: / / CABARET: Any room, place or space, or portion thereof ,' 7 open tb the public or any private group or individual', ad{nission to which requires membership or a payment of any fee/or cover ch fge or 'minimum service charge, or which, is operated for gain or pro �/t and� a purpose of which is to provide a forum for: // / ,' , 1. Theatrical performances of plays; 7 2 . Interpretive, expressive or exhibition dances; ;'/ 3 • Dances or dancing, or / a public dance hall; / 4 . Vaudeville shows or variety s 5 . Vocal or other musical f / 6 . productions by pers �/ Recorded music or a combination of / video aril , I�O music. / /1/ ; -1-// / / 16. Ordinance No. 3912 P RSON: Shall include an individual, firm, non-profit ' I corporation, corporation, company, partnership, association, i I i unincorp rated association and any person acting in a' fiduciary 1 capacity ' I P BLIC DAN,CE:1 Any dance which is open to the public. P BLIC DANCE !HALL: Any place where a public dance is i conducte , operat,edlor maintained. S CTION II;: Existing Sections 6-2803, 6-2807, 6-2809 , and existing subsection (B) of 6-2806 of Title VI (Police, Regulations) of Ordin nce No. 16218 entitled "Code of General Ordinances of the City of enton" arehereby deleted in their entirety. S CTION III: Existing Chapter 28 of Title VI (Police Regulati ns) of Ordinance No. 1628 entitled "Code of General Ordinances of the C ty of Renton" is hereby amended by adding the following Section: . I ' S-ction 6-281F0 : EXEMPTIONS: The following shall be exempt: 1 Any room,I place or space where background music is played and not offered as a substantial inducement for patronage; 2 Religious services when no mandatory fee is charged for such 'service; r I 3 School events sponsored by a grade school, middle •. school, high school, college or university; , I , 4 : Events' relating to school sponsored events as I , described above such as post-prom or post-graduation events when entry is not extended to the general public. -2- . Ordinance No. 3912 5. Those portions of any place used exclusively as a private residence; i I . Those. portions of any place when not being used as a cabaret; ' . Any event .sponsored by a charitable organization as defined ;in RCW 19 .09 .020 (2) ; Any business while its hours of operation are controlled by the Washington State Liquor Control ' � I Board on its successor agencies. SECTION IV: The City Council finds and declares that an emergency exists and that the immediate adoption of this ordinance is nece sary for thle preservation of the public peace, health and safety. This Ordinlance therefore shall take effect immediately upon its pas age and approval by the Mayor. PASSED BY THE CITY COUNCIL this 20th day of May, 1985 . Mrzt(le Marilyn J e ersen, Deputy City Clerk PPROVED BY THE MAYOR this 20th day of May, 1985 . siakbrOcciLibb. SktAtIC:ik Barbara Y. Shinpoch, Mayor Approve as to form: • - Lawrence J. Wa ren, City Attorney Date of Publication: May 24 , 1985 S1,11A OF R4,, � N O OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON V ` COST OFFICE eox 626 100 S 2nd STREET • RENTON, WASHINGTON 211057 255•1671 NAIL p '' LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT car ATTORNEY DAVID M. DEAN, ASSISTANT CITY ATTORNEY v�fTEp SEPZE�0� MARK E. BARBER, ASSISTANT CITY ATTORNEY May 1, 1985 ZANETTA L.FONTES, AssisTANT Ear ATTORNEY MARTHA A.FRENCH, ASSISTANT CITY ATTORNEY Mr. John Evans Williams, Lanza, Kastner & Gibbs Attorneys at Law P. 0. Box 21926 Seattle, Washington 98111 Re: McRae v. Sea-First Properties, Inc. and City of Renton Dear John: This letter is a follow up to our telephone conversation of April 30, 1985 . Please find enclosed a copy of an Order of Severence entered in the City ' s Ordinance enforcement action against Playtime Theatres, Inc . As you can see by the Order the McRaes were severed from the trial and any claims that we had were referred to the Presiding Department for trial assignment. Basically, the only claim that the City retains against the McRaes is a request for declaratory judgment that the City' s Ordinances are constitutional . As I mentioned on the phone, that issue is pending before the United States Supreme Court and is also in Division I of the Court of Appeals for the State of Washington. A declaration of constitutionality will undoubtedly be binding on your clients under the doctrine of stare decisis . I do not believe that I could urge the doctrines of collateral estoppel or res juclicata because your clients were not parties to the original actions. However, those doctrines might apply if Forbes ' corporations could be said to be standing in your clients' position. In any event, the City of Renton would be willing to enter into a stipulation that we would be bound by the Supreme Court and Court of Appeals ' decision regarding the constitutionality of the City' s ordinances . We would agree to the entry of any order between McRaes and Sea-First Properties that did not directly effect these ordinances or the City' s position. The r ' 4rj Mr. John Evans May 1, 1985 Page 2 City would agree, therefore, to an order forfeiting Forbes' . interest under the Real Estate Contract or taking any other action under the Real Estate Contract. Since trial is upcoming, scheduled for June 7, 1985, I would like to know your clients' position to my proposal in the near future. Very truly yours, Lawrence J. Warren LJW:nd Encl. i cc: Mayor � I . 0 ' • 6 . ) OF R , . A� 0 OFFICE OF THE CITY ATTORNEY,• RENTON,WASHINGTON 0 `$ , POST OFFICE 50X 626 100 S 2nd STREET • RENTON. WASHINGTON 98057 255-8678 N LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY • 9AO Qom. DAVID M. DEAN, ASSISTANT CITY ATTORNEY 9 •�TF� SEPZ �� MARK E. BARBER, ASSISTANT CITY ATTORNEY . ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY MARTHA A.FRENCH, .►SSISTANT CITY ATTORNEY April 16 , 1985 . . . TO: Ted Bennett FROM: Lawrence J. Warren, City Attorney Dear Ted: . In r: sponse to .your memo of March 19, 1985 asking for a stat:ment for the Annual ,Financial Report on litigation, plea e find enclosed a copy of a letter sent to R. W. Wohllai • of t e State Auditor's Office. Since that letter, the City has rece ved word that the United States Supreme Court has granted revi:w in Playtime Theaters , Inc. v. The City of Renton. Since . the 4ity lost th'e case before the Ninth Circuit Court of Appeals , and. ases accepted for review in the Supreme Court usually are . modi ;ied in some fashion, the City' s position has been substan- tial y enhanced.' The City is still potentially liabld for attorney's fees and other damages under 42 USC 1983 and the potential to s will be greater as attorney' s fees will be incurred before the Supr:me Court. If you wish this material in a different format, please let me . know Ve truly yours , . • 7 , • . ,' Lawrence .lWarren . • L.]W/3w . . . Encl. . cc: Mayor Shinpoch ' . . I , f/I Hy E OF 124, ti N OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON II ,$ .. ` POST OFFICE BOX 626 100 S 2nd STREET • RENTON. WASHINGTON 913057 255-8676 o SS{L k LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9 �o$ DAVID M. DEAN, ASSISTANT CITY ATTORNEY 447. M% MARK E. BARBER, ASSISTANT cl'iTY ATTORNEY Fp SEPTA ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY MARTHA A.FRENCH, ASSISTANT CITY ATTORNEY April 16, 1985 R. W. Wohllaib Regiona Audit Manager Division of Municipal Corporations Office of State Auditor Legislative Building AS-21 Olympia, WA 98504 Re: Audit of City of Renton Records for 1984 Dear Mr . Wohllaib: I' Since my letter to you of April 9 , 1985 , we have received word • that the United States Supreme Court has accepted the case of Playtime Theaters, Inc. v. The City of Renton for review. This is a significant development in the case and substantially improve the City' s chances of avoiding paying damages under 42 USC 1983 . On the other hand, should the Ninth Circuit opinionlbe upheld, or should the Court find the City's ordinance unconstitutional fqr other reasons , the amount of damages could increas because of additional work done by Playtime Theaters ' attorne s , all of which may be recoverable against the City. If you need any further information on this topic, please feel free to contact me. j' Very truly yours , L II Lawrence J. Warren I LJW/jw I cc: Mayor Shinpoch 11 I I OF RA, a OFFICE OF THE CITY ATTORNEY • RENTON,WASHILNGTON V 0 7. POST OFFICE 0Ox 626 100 S End STREET • RENTON.wASHINGTON 9$057 255-8676 ialL np LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY P' DAVID M. DEAN, ASSISTANT CITY ATTORNEY 4�TFD SEP���� MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L.FONTES, ASSISTANT CITY ATTORNEr MARTHA A.FRENCH,ASSISTANT CITY ATTORNEY April 16, 1985 . !I TO: Mike Mulcahy FROM: Lawrence J. Warren, City Attorney Dear Mike: Please find enclosed a copy of . a billing from H. Bartow Farr III , a lawyer helping us with our application to the United States Supreme Court on Playtime . Mr. Farr will be charging the City further sums to assist us in preparing for our argument before the United States Supreme Court. I would suggest you make payment to him directly. Very --truly yours , Lawrence J.LX arren LJW/jw Encls . cc: Mayor Shinpoch • • • • • • • • • •, • • DAILY RECORD CH'ONICLE 'April 16, 1985 Attorney predicts case may become landmark "They want us to submit briefs on the ride . •-• „ ' Ala By JIM McNEW merits of the case,"Warren explained to ' •Staff Reporter the council."What it really means is the , Renton City Attorney Lar Warren Supreme:Conn doesn't like the Ninth basked in the applause of the ayor and Circuit Court's decision." • itAS • ' .• •11 v• City Council Monday night fo the suc- Warren.called the new turn of events Atk‘io., # X'RATED cessful appeal of the Roger F.rbes case "the most significant thing that's hap- fic‘o 'PIP- .7-• ; tci the U.S.Supreme Court. pened since the case started."He told the t\V\ki; 401 , rriMtetted beneath a cluster o colorful ounci hebeeresteStprerCotrtLs 1, 6bionswiewortongrauationslmorephilosop;icayalignecwitlfi t R 0i1/ES •- • NTON printed on them, Warren acc•pted the city's position than with the position held , kt.r; praise on behalf of his staff—'articular- by attorneys for Forbes'Playtime Thea- N Assistant City Attorney Dan ellogg— ters. r , ;Ad •6' .•• . •• ••' • and on behalf of the East Coas law firm In the city's favor,he said,is the fact . " ", AL • • •••11 %;• •• :"•:4'.•- that has worked with the c ty on its that it has received significant nation- , - " 0, " , •.appeal. wide supportfrom other groups express- r. 1 • . "That doesn't happen ver often," ed in "friend or the court" briefs that -, Mayor Barbara Shinpoch said'f the high have been filed with the Supreme Court. - f3 j'•• •t t . 4 court's decision to review ' e Ninth "There is Potential(for the case)to be , i,• • .. v.4 Circuit Court of Appeals decis on of last of national significance; and to be a 44 , • , • t November,which said the cit 's zoning landmark[case for a long time to come," 7 • , ordinance banning Forbes X-r.ted thea- Warren said. • • • • icit 44, din—,1" ter from downtown Renton as defec- The city attorney gave much of the ' / •ti ie. credit for ithe work on the court brief to . ' '41- • •, ;.. %""•• Nex';"Every day somebody threat ns to take his assistant Dan Kellogg. .F • ,aiget •Olt' you to the Supreme Court," Shinpoch Shinpoch extended the congratulations •.ot tr'• ;4! continued,"but few do It to the council members. • e ktko, 11", - ° •°'‘' ••• • • When his car failed to star Monday "Three long years and you people have tr , morning,Warren said,he con.idered it behaved absolutely admirably," Shin- ff,4441.' " " / • 'A•.4'4 4.11. something of a bad omen, u til word poch said. She commended them for a '**-•.‘ ' came down that the high court d agreed ' so Selo COUNCIL page 'Kathy Keolker,now a councilwoman,leads January 1982 protest A3 to'hear the appeal. (Continued:from page Al) staunchly behind the city's erfort to level of reticence uncommon in zone X-rated films into limited sec- politicians. tors of the city,also congratulated . "I'm proud to be associated with the city officials for their efforts in all of you,"ishe•said,as the council the case. • broke into applause for the city attorney. We feel very confident every- Karen Sauve. of Citizens for a thing is going to come out on our side Quality Community, a group in the end,"Sauve said. • .•• • • !I . , • ,. . . , . : 1 .,. , , • DAILY RECORD CHRONICLE April 16, 1985 • • . High court to review porno case 1 By JAN HINMAN County Bureau ,... -- '• • . l• '..*. . '-:• ' The U.S.Supreme Court will review the. . ..,''''',.'A'r...',1'„,,.;,;.‘,%'"!,".:". ';'.'2' :;•. :' '•;,:•• ••;.::.: • . . . . • •• , city of Renton's case against Playtime "::,...;.• :.:...r.4.• . :.,•• . ,: . -:.•• Theaters, owner of the X-rated Renton '!,' ... . ''• .. ,Y7- ,7. ,•• ,' -, - • -4 • - • .- - '',--‘ : • Theater. - , 74.-„,, . . .... . . . -4;' ,. 3.• 1.W.tci.:::, :...:-'::.• .i Z,; i ' •••"1,-• -4'*'' '-'" ."" .'r$ 1.. •:''e;:'.. '' '''The announcement came Monday in , .. :Ak.4:,..... • ..--v -, .1„.' •"` •:,,` . .. ;, ',...;,-...--2':-:'• • . Washington, D.C., when the Supreme :: ... ••I'r.-?.74.,..•.- it • "17-••• ... --- - • . . '• •„.••1>,.•,:f!:-.; • Mi))71.Court released released a list of caSes for which :t. . ? '' ' ' ..,p .,....-..: • •- . . , ....-!q: .1. , '.:4'..,4:,•• •'''': '• ' review had been sought The list stated .;.,•: "•;.:44)„4,4.'..:... .'-,• ; '.:•:r&• • '' ' ' -=:: - )4,1 ....I . simply which would be reviewed and ,•.".. .":hL:Iii.404.„..W:-..r,-.;••r..•„; • - •:','•,.'ril' - , l't, • 0A*1,: ' ;, .•" ••=..,* 3-;::: ,.- •-,. • Tg. . ' ; which would not, witho t going,into 4.--,,;..,,....:.,...14.,:;.•-: ..'.." , v••• ., ' ,. 4,44,1•'-•••',..' ' ' reasons for granting or de ying review. ',•''•'•‘.' .'s,•4444:).C.:•...*„..,!. ::',: :. .4 - ., Renton city officials we e thrilled by •-:',',4",::;OV.;; ., - .,i.,•,;,,.'%. '— 34, ° - 'fliVf;•:::'.'.' ' 1 the news. 1 This is tremendous,"sa d City Attor- #1;',..'il,;,•7`.'1'.M•,.t.'',;.-'1'.;Z:':.'',1.',;• '' '71, ', ': . - j'. ---_-,••kl•- •4 '•4. :,• ''-4::•••••4s, ;•:,,,,.t, ,.. ... ney Larry Warren."I couldn't ask for a U..'..?"•;';',,e •V„,f7.:-;, ..:', q,. . ,•••U: ' -\ . ' •-..',1,,\ "%'...—; i% '.4.,Ar"..• •I . better thing to happen on Monday." ii...,,,)L . -,4,,...,7.••,,,,,. ,w. . .:, •. ,.• ..,,,,....a.) "I'm delighted"Renton Mayor Barba- ,k4,i..1.1;3'-;"..i . *!••,....:.v.\.'''.‘.;$:•ZV:•''' r‘ 1 '`'n',1:,, t'.4., ,y.• . „ ra Shinpoch said."I have to be encour- ..'4':-V i-,,t4i;;;V:f.,14;. '.., 1.!.-. ,,, 1-:.'• . _ j • .' •4'. :174,4'' i aged that they will hear it.; ri":1, .7:,14, ,•: .,.:;V: . 1,.''1 \ Jack Burns, attorney or Playtime ti.4„P:ir,40,71`74...•;-:. .f,-: - ,,,,,, i-1,., •. • - ' • ' 4.6.:1;6,". .:,..',. President Roger Forbes,wasunavailable t.,_ ,';;•.i'vt‘,, -•"i)-:. .:-s- . •'-.,.,,, -,-,... . . . •.,,.,,,r• .x::, for comment Monday. • ,,,,, -.444,4 •,i,:••••:-..i:::,-,:•-:;:,.. •, 4. .,44,444,--,=,:fe••••• The city asked the Supreme Court to ,,'3q.,:7'.,,,t •- ",...`1:4!,-L 'r.;:4r : '.'/''''' • :.', .1Ij.),..'A .,..`•::,. j',.. ,. 2 se.•• 'N . .::. _,L1,,,f,; ::12:4:?4's , •.4'tkl'ir4;...",•A' review a decision of the Ninth Circuit • ,•,-;.:„:.,:'n V.i, 3:,..•17.:... • ' 1,-3f:., . i.. 4•71,-Is7.,::. •,... •• , - •••..,1„../..: 4 cii,..1., Court of Appeals which eld that Re- ',!•,•;,,..4, -•.,,,i':.'.....1•;;;,,',A•X : .•'.,:21 . 1.*:* • :,:,.'1 VAT.4*,,Y,PY"i,''1-_,.'1,'; -.. );•$;..4.;.4,•!5' • . . .. .—.:. nton's zoning ordinance r gulating the J'..!.:.,7',,':4'g,.12: °V.",::,,,,,i,:-,?:;,,f'••,,,(''',i-1, : :,„le-+"•':. •,,., f:,.:'l''':'Z,.l.„-..A::‘':,,,k"..,o,k'l'ti':A:1;;'•;';':7". ,....,.: ,..: location of adult theaters as constitu- '.•;:f4r.,;::4-, •ti..:,,,.,..1,•,:-:.*,,, : .1;, •:. ,•. 'rz. 4A.,;..,,, r,74.4,,,....f r.,..., y. . . •.k. .1'..K.:, ''S' ;•ti3p--:,.,-; .. fr. .'+ tionally defective. The a peals court ..'..;,.‘.4..•• 4,sz.‘s.',..•ri i.:---i-', :s.ft, .•'::.•-: . ,...41,-,.N. ,1,,t, e, ,.., .:...:,, ..:;•4 . ,,, . . v decision reversed a lower,U.S.0 District -0.•'-:....T.`, •;.%-:'•-,rj'''.''i.,..le ,'ia'''.• . 7 '',... -, 1,,,,, • •,,-,,,,„ -... ,kt.,„ Ni..':' i.''.IP,". "'''4'.4?-P•1=a4-"-',*".::.. ,•,• ',.':•...,',.',4, 'M. ."-N;,:., Court ruling which upheld t e ordinance. e;:,,L416". ;ri,7:,ea;,-4,..fysi 1 ...1,!: ' 4.,7.;,,..4.,, ,, .., .,,,.....:,;,...F<4.,......,,,, After the appeals court rendered its 7."-r'4!' • \P.4';`,' .' 1 '''''• .,-,;•_0;`,,i';',,,241,=!.• 46' •- ':0!'),?' . • • • '-,-;F.44 :::,•k, decision last November, he city had Si4.'..,•' 4.-1.0 ;:• : 44z: " • .1 , ., •••e-kf:1214•;:' ' ' ,,r4ft*. •ui.'1: 1•N'f.••• " "q•' several options. It could h ye accepted i;:,:W.'"' ''-*`-':::',.."-7.i; '` • :r•—•','. ...k., r etro.3-9;•7 • • '...!' . -:'.,,g1.)4,,re. :..!,1:$-.- ' • i , . • the ruling and ended the one fight to `ik•fi.f44, i•,. 13.,c,''•-.44,4, 4 •••••, force Forbes to obey its zoning ordi- t,;,..,..a* :;c ;.,,, •::• t;e0' 4 :. f, nance;let the case return t the District •:``,1.•4:f;:•,:e,••.;€....te-'•ri,t'Vii.-1 '.- •,;..'i' •• . .e:::::,..,.: . Court level for further ar uments; ac- • IEW'f,' ,;:iiaz-,:ii-9.,g'-' .'''-'.V•si'''''• ' • • " - ' ' • , cept an out-of-court settl ment offer •• „.::: ;%,,,'•:,, i 414•:;liei ?: *WO; / • - made by Forbes to shut down his theater 1-flt,,V,',../0,-;,....tfi.:,!. .r. •-...!.;•4::• ."i,i1: . ' ' • --• •''.AA-?' if the city would pay his 4ega1 bills of •:•':=4-‘1 ','- t--,'"•44,-.•-1:"1: ''''" ,.:•. l e W., ,7": 1•71:1, • 's \ ". • .,.!4.-,: $250,000;or ask the U.S.Su reme Court ", . f;.•, •'c... -t,,1,.:,,,t,,' ... .,'.:,•; 5,, : . '''. 0 ••-‘, . / • • • --, --;•••' ...`.7......,i to review the lower court decision.In ''..:4:-•1 • ,- ''' '''";:-;'''•••• ler V;.-•:-• • • • : ": • •. - '•''.•e-:" ;' '`f.:^".:,..'4=1,f January,the Renton City Council decided "•:',.1.,:v.-.,..ilk7;, 4,A'..]Y..%.4,•-•'..T• . .-',:' tr•'• -:,;,..! / ,.... to take the case to the couniry's highest 1..4;`:,,Sk:1,,, .,; ...,,, ,., !:-. 4•:'- 47.4•,:. :7 . s : :: '7,' :k •:, .•/:: court. '•:••" ••• .,.,--:-:'.,7i• ?,,.e. ,'7,‘ ' • -,iiiN ,,,- Warren said the chi;now has45days to .; ,;-4,.:4,•,,,•\;:41- :••",,, ,,, /,,, . ; ,. ;‘ ' 6,-, .file its opening brief with the court, . .V*.-41. •' i ." • ', ' 4.' .3 , , ,,,P, .4,4i .. t.,•,•, . -• ,,-,,.. . 'which means we get cranking now .;:i .',.fig,2i... ,.,==',. 1,-.;'' . ' ... . '''' '''!P;;;;i;,;.t'.. Warren said he expects the ourt to set a •,:i-r N.1•4 4 •••••`/.. 'I . ' ' •,1••:', 14*.' ,,.:10, •;-4• ••••,i,•- date for hearing the ca e sometime . • • , • during that 45-day period." would guess • Stan pilot°by JEFF FRANK° •See PORNO CASE,page A3 Renton City Attorney Larry Warren announces the U.S.Supreme Court will review Forbes case' • . . 1 , (Continued from page 41) something in that decision which it:will be(heard)this fall,"he said. needs to be changed."Warren pre- The city hired a Washington,D.C.,' (erred to think that the changes attorney,E.Barrett Prettynian,ear- would be in the city's favor,rather t Her this year to help prepare its than Playtime's. • appeal to the Supreme Cc urt."AlL ' Warren could not give an estimate though Warren and Assistant City of the cost to the city in taking the Attorney Dan Kellogg have handled case to the Supreme Coqrt. City . the complex case to this point, Finance Director Mike Mulcahy es- Prettyman will argue be ore the timated Monday that the cost to date • Supreme Court. for the three-year legal battle with "I would love to(argue i before Forbes has been$450,000. the Supreme Court),but I think it is According to the mayor,the City prudent to hire a known voice,"said Council committed to the cost when 1 1 Warren,who has never before taken the decision as made to try for ••• • . . a.case to the highest court. But Supreme Court review."We are in • Warren said.he won't miss tie city's for the long haul," Shinpoch said. moment in the nation's capitol."If I "The council had agreed to foot the have to walk,I'll be back diere,"he bill,whatever die cost." said. • • Shinpoch said she was pleased, • ., Warren said he expects the city's but not particulary surprised,by the • ; ••argument to center on two particu- high court's deCisiOn to review the 'ler aspects of the ninthl circuit case. "I couldn't afford to be sur- • 'court's decision.The appe41s court prised,"she said."I had to believe :decided,Warren said,that the city all along we had a good case." 1, did not state a sufficient reason for Warren was riot surprised either. 'passing legislatiOn regulat' g adult "It seemed to me from the start it I , theaters.The city countersj he said, was headed!there,"he said. -that it is a zoning decision land it is Renton began its legal battle with within the right of the city to zone. Playtime wheri Forbes purchased , 11 • The second issue, the ittorney both the Renton and Roxy theaters said,relates tothecourt'sr ling that in downtown Renton in early 1982. the City Council had "a negative He immediately announced plans to . .. • motive"when it passed the legisla- begin showing 1X-rated films in the tion.During a public hearing on the Renton Theater, but the city was ordinance,Warren said,miblic tea- able to obtain a temporary injunc- timony was negative,but he court tion which blocked showing such • ....i;• decided"because the peop e stated films for the 1 next year. Forbes the negative motive, it infers the began showing adult films in 1983 council had negative mothies." and has continued to do so through a ' Renton's ordinance,War en said, series of court decisions at both the , Was patterned after an o dinance state and federal levels. . - which the Supreme Court i pheld in The city ordinance which regu- . II . the cage of Young vs. 4merican lates the location of adult theaters is Mini-Theaters. I a zoning ordinance which states that h Warren wouldn't make ny pred- such theaters can't be within 1,000 ictions about the outcom of the feet of homes,schools,churches and • city's case in the Supreme court,but public parks.Attorneys for Forbes did take notice that"the upreme admit that the',theater is within a Court likes to reverse t e Ninth forbidden area,but argue that the Circuit." The higher.cour has re ordinance effectively bans adult versed 27 of the last 29 cases it theaters from the city and is.there- ..f.,i'. reviewed from the Ninth Circuit fore unconstitational. Forbes con- Court,Warren said. , tends the ordinance violates his ' • In simply accepting revi w,War- right to free speech as guaranteed ren said, it means"the c urt sees by the First Amendment. • . . ; [ , . 1 . . . Renton City Council April 15, 1985 Page four • ORDINANCES AND RESOLUTIONS (continued) Carlson Rezone An ordinance was read changing the zoning classification R-002-85 of property located at, 211 SW 13th Street within the City of Renton from Residence District (R-1) to Light Indust ial District (L-1) (Carlson Rezone R-002-85). MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL REFER THIS ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Ways and Means Committee Chairman Clymer presented the following resolution for reading and adoption: Resolution #2610 A resolution was read authorizing the. Mayor and City FAUS Funding Clerk to execute documents requesting allocation for Hardie Avenue W/ Federal Aid Urban System funds for intersection improve- SW Langston Road/ ments at Hardie Avenue SW/SW Langston Road/SW Sunset SW Sunset BlvdL Boulevard. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. NEW BUSINESS Letter was acknowledged from Howard L. Sheridan, Vice Metro Bus Stop President, Good Chevrolet, Third and Burnett, Renton, Third and requesting the Metro bus stop located in from of their Burnett business be removed or relocated. Mr. Sheridan cited problems with showroom congestion, vandalism, pollution by bus fumes, and requested this matter be discussed at the scheduled meeting between Council and Metro. MOVED BY STREDICKE, SECONDED BY REED, THIS CORRESPONDENCE BE REFERRED TO THE COMMITTEE OF THE WHOLE. CARRIED. ADMINISTRATIVE Mayor Shinpoch read a letter she had written to Dr. Gary REPORT Kohlwes, Superintendent, Renton School District, compli- Tiffany Park menting the second grade students of Tiffany Park Elementary School Elementary for the enthusiasm, honesty, and maturity Visit demonstrated by questions during the Mayor's recent visit. Mayor Shinpoch noted that teachers Joyce Hollis and Betty Swanson are to be congratulated. Minority and Mayor Shinpoch reported her meeting scheduled for April 9 Women-Owned with Ernest Walker, President of the Minority and Small Business Business Council, to discuss his concerns voiced at the last Council meeting regarding the City's purchases from and contract placement to businesses owned by women and minorities had been postponed, rescheduled for this date. Mr. Walker had been unavailable for that meeting and the matter was still pending. Playtime Theaters Mayor Shinpoch announced acceptance by the U.S. Supreme SupremeCourt Court of the City's petition for appeal of the Playtime Appeal Theaters court case and introduced City Attorney Larry Warren) Continued ; City Attorney Warren verified the Supreme Court "had noted probable jurisdiction", and the City (coordinating with the Washington, DC, law firm of Hogan and Hartson) will submit briefs and argue the case before the Court. Mr. Warren indicated this case has the potential to be of national significance and may be a legal landmark in years to come. The City Attorney praised Assistant City Attorney Dan Kellogg for his tremendous effort and energy expended in this case. Continued ' Mayor Shinpoch commended Attorney, Assistant City Attorney Kellogg, and their staff for a job well done. The Mayor expressed her admiration for and pride at being associated with this City Council and former Councilman Rockhill, noting their unity and perserverance over the past tree years. ,y Renton City Council April 15, 1985 Page five AUDIENCE COMMENT Karen Sauve, 3413 SE Seventh, secretary of Citizens for a II Council Thank You Quality Community congratulated Council and the City Attorney's Office and extended appreciation for their steadfastness in the Playtime Theaters case. Ms.Sauve noted her confidence that the Supreme Court decision would be in favor of the City. ADJOURNMENT MOVED BY STREDICKE, SECONDED BY REED. COUNCIL ADJOURN. Time: 8:50 p. . CARRIED. MARILYN J.,EE' EN, Deputy City Clerk I OF R�� A. ,?' OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON ti 0 0 U ,$ 0 % POST OFFICE BOX 626 100 S 2nd STREET 0 RENTON. WASHINGTON 98057 255-8678 Z Ma 1 g n LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY I o9A `0' DAVID M. DEAN, ASSISTANT CITY ATTORNEY 1 e94 , �g�P MARK E. BARBER, ASSISTANT CITY ATTORNEY ea SEPI� ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY May 13 , 1985 MARTHA A.FRENCH, ASSISTANT CITY ATTORNEY I j� I TO: Barbara Y. Shinpoch, Mayor' 5 ¢/ E`=� ' ' ` Members of City Council / .j,��J )h t ° t ;t� --_,�, j FROM: Lawrence J. Warren, City Attorney ' ' 3 , �w, 1gBS RE: Encore, Inc. ' :.A''r � .` A,.� Dear Madam Mayor and Members of the Council: '� ';e / By the time you receive this letter you will probably know that Encore has filed its own suit against the City. The City was served with that lawsuit on Friday in the morning and before noon I had also received a call that Encore was scheduling a temporary restraining order hearing in King County Superior Court at 3 : 00 P.M. on Friday. On this extremely short notice our office assigned all available . H attorneys to this task in order to prepare a brief on the law and • prepare for the hearing. Attached to this Memo you will find a copy of the City' s Brief. The Ci y was successful in defeating the motion for temporary restraining order. . The Court Commissioner did require us to obtain a further hearing date within the next two weeks when the matter could be argued in more depth. We are largely ready for that . hearing at this time but will probably want to expand our presenta- tion somewhat before that later hearing. By having three attorneys and three secretaries work on this case we were able to prepare and present a cogent defense for the City despite the surprise tactics of, Encore . I believe this once again demonstrates the wisdom of having a law firm available to handle these types of matters, rather than one or two full time attorneys . Without all three attorneys, the three secretaries and our word processing equipment, we would not have been able to adequately prepare. As it was, we were just able to get our materials together in time for the hearing. . If I can provide you with any further infordation on this, please feel free to contact me . I ' Lawrence arren , l'\____,__ LJW:nd I ' Enc. • Ili • . • OF R �r OFF,ICE OF THE CITY ATTORNEY • RENTON,WASHINGTON 4-4 40 U ,/ 0 POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8678 0 mmmo CO ' LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY �O PW DAVID M.•DEAN, ASSISTANT CITY ATTORNEY e*/ MARK E. BARBER, ASSISTANT CITY ATTORNEY 9�TFD SEP-r ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY May 10 , .1985 'MARTHA A.FRENCH, ASSISTANT CITY ATTORNEY 6 TO: Barbara Y. Shinpoch, Mayor '-- °t ` 1" City Council Members . . i P).,-6 MAY3 1985 ' iFROM: Lawrence J.' Warren,• City .Attorney / 21gUZ Dear Ma'am Mayor and City Council Members : I have attached to 'this letter two .copies' of the City' s action filed 4ainst Encore.. The two copies are attached to the Mayor' s • . letter and the Council `Fresi'dent' s. letter . If any Council member wishes further copies , we would be happy to prepare more. As you can see•, We :haVe :.sued Encore for a declaratory judgment that .our ordinanceis constitutional and legal, we have asked the Court to declare operation outside of the allowable hours a nuisance, and if necessary to issue an injunction against such nuisance. It would appear. that we filed our Complaint before • Encore iled' its action and we are presently beginning planning on a mo ion for preliminary injunction, if necessary, should . � Encore perate beyond the permissible hours. I have urthered 'my legal research and have now found a case from New Yor that indicates that _recreation_al dancing is not protected First Amendment _activity_.and that case should assist us in our Court preparation. I hope to fi_n__d___similar cases in other states • • or in the Federal Court system.y As of now I know of no such cases authority in Wa`sha igton-Mate; aitYiough my research is not complete. • We will be keeping ~ ou_advised of an scheduled:hearing dates and ' of the progress in7this case. Should any Council member or the • Mayor have a question, please feel free to contact me. . Ver /'uly yours , . ----.Ct,C,0,,Aa.4%;3r0E-iolt-t,,.-„, ' - Lawrence J. Warren LJW/jw • Encls . • -- • RECEIVED ,, ( mg County Superior Court Clerk's Office • 1 MAY 8 1985 . . 2 3 Cashier Section i Superior Court Clerk 4 I 5 SUPERIOR COURT OF WASHINGTON FOR RING COUNTY 1 CITY �F RENTON, a municipal ) Q C _ 2 �rq 7 corporation; ) N0. `7 5) ` o 5 9 8 ! Plaintiffs, ) SUMMONS (20 Days) v . i ) 9 ) 10 ENCORE ENTERTAINMENT , INC. , ' ) a Was ington corporation; • ) j 11 ENCOR , INC. ; RON SANTI, d/b/a ) ENCOR ; RONALD SANTI, as Trustee ) 1 12 under Will dated :July 9 , 1980; ) STACE SANTI , a, single person; ) 13 and JmHN DOES 1 THROUGH X, ) 1 ) 14 ' Defendants. ) ) 15 THE S ATE OF WASHINGTON TO: ENCORE ENTERTAINMENT, INC. , 3 16 Washington corporation; ENCORE , INC. ; RON SANTI, d/b/a ENCORE; 17 RONALD SANTI , as Trustee under Will dated July 9 , 1980; STACE 18 SANTI , a single person ; and JOHN DOES 1 THROUGH X 19 1 A lawsuit ' has been started against you in the 20 above-entitled Court by the City of Renton , Plaintiff. Plaintiff's claim is stated in the written Complaint , a copy 21 of wh" ch is served upon you with this Summons . 1 1 22 n order t;o defend against this lawsuit , you must respo d to the complaint by stating your defense in writing; 23 and erve a copy upon the undersigned attorney for the Plaintiff within: twenty (20) days after the service of this 24 Summos, excluding the day of service , or a default judgment may e entered , against you without notice . A default 25 judgm nt is one where Plaintiff is entitled to what he asks for b cause you have not responded. If you serve a Notice of 26 Appea ance on the undersigned attorney , you are entitled to notic before a default judgment may be entered. 27 ou may demand that the Plaintiff file this lawsuit with 28 the C urt . If you -do so, the demand must be in 'writing and -- - I WARREN&KELLOGG,P.S. CIVIL SUMMONS ATTORNEYSATLAW PAGE 1 70o SO.SECOND ST.,P.O.BOX 626 'RENTON,WASHINGTON 98057 • 1 1 must .e served upon the person signing this Summons . Within 2 fourt-en ( 14) days after you serve the demand, that person must file this lawsuit with the Court , or the service on you 3 of th: s Summons and Complaint will be void . 4 f you wish! to seek the advice of an attorney in this matter , you should do so promptly so that your written 5 respo se , if any; may be served on time . phis Summons is issued pursuant to Rule 4 of the 6 Superior Court Civil Rules of the State of Washington. 7 SATED: May ' S , 1985 . 1 8 L WRENCE J. RREN 10 of Warren & Kellogg, P. S. Attorneys for Plaintiff 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CIVIL SUMMONS WARRENATTORNE S`ATTLAW F.S. PAGE 2 700 SO.SECOND ST.,I.O.1OX 626 ecuYru wACI1114.1f'Tf1Al QRf1C7 1 2 3 4 5 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 6 CITY OF RENTON, a municipal ) 7 corporation; ) NO. 85 — 2 - 07 3 5 y 2 8 Plaintiffs, ) COMPLAINT FOR DECLARATORY • ) JUDGMENT; INJUNCTION ; 1 9 ) ABATEMENT OF PUBLIC ) NUISANCE 10 ENCOR ENTERTAINMENT , INC . , ) a Washington corporation; ) 11 ENCORI , INC. ; RON SANTI, d/b/a ) ENCOR ; RONALD SANTI, as Trustee ) 12 under Will dated , July 9 , 1980 ; ) STACE SANTI , a single person; ) 13 and JeHN DOES 1 THROUGH X, ) ) 14 ' Defendants. ) ) 15 Now comes the City of Renton and for its Complaint 16 against the Defendants herein complain and allege as follows: 17 ALLEGATIONS COMMON TO ALL COMPLAINTS 18 1 . Plaintiff City of Renton is a municipal 19 corpo ation organized and existing under the laws of the State 20 of Washington and the Optional Municipal Code (R. C.W. Chapter 21 35A) . 22 2. Plaintiff is informed and believes and therefore 23 alle:es that the Defendant Encore Entertainment , Inc . or 24 Encor- , Inc. , is a corporation organized and existing under 25 the 1-ws of the State of Washington, with its principal place 26 of business located in King County, Washington . 27 28 COMPL INT FOR DECLARATORY JUDGMENT ; WARREN&K S AT LA ,P.S. f ATTORNEYS AT LAW' INJUN TION ; ABATEMENT OF PUBLIC 1oo SO.SECOND ST.,P_O.BOX 626 1 3. Plaintiff is informed and believes and therefore 2 alleg-s that Defendant Ron Santi d/b/a Encore is a proprietor 3 doing business in King County, Washington. I, 4 4. Plaintiff is informed and believes and therefore . 5 alleg-s that Defendant Encore Entertainment , Inc. , Encore, 6 Inc. , and/or Defendant Ron Santi d/b/a Encore are the owners 7 I. and operators of a business known as "Encore," a teen disco 8 located at 221 'Wells Avenue South , Renton , King County , • 9 Washi gton . Defendant Encore Entertainment, Inc and Defendant 10 Ron S nti d/b/a Encore are hereafter collectively referred to 11 as "Defendant Encore" . 1 i 12 1 5. Plaintiff has heretofore enacted an ordinance i3 which , as amended, is codified as Chapter 28, Title 6 , of the 14 Code of Municipal Ordiances of the City of Renton, 15 (here'nafter "Cabaret Ordinance" ) which , in Section 6-2801 , 16 defin-s a "cabaret" as follows : 17 "Cabaret: . Any hotel, restaurant , cafe , lunchroom, 18 tavern , or any other place of public resort open for service to the public or operated for gain or 19 profit and where theatrical performances , exhibitions , shows , exhibition dances , dancing, 20 vaudeville shows or vocal or other music produced 1 by persons present are maintained or permitted , or 21 where music , other than vocal produced by persons present , is maintained or permitted , or any 22 combination of the aforesaid acts ." 1 �3 and w ich, in Section 6-2802, restricts hours of operation of 24 a cab-ret , as defined therein, to require closure of a cabaret 25 at 2: 10 a.m. 26 6 . Prior to the issuance to Defendant Encore ofia 1 27 busin ss license for its teen disco business , Plaintiff 28 requi ed Defendant Encore to file an environmental checklist WARREN&KELLOGG,IP.S. COMPL INT FOR DECLARATORY JUDGMENT ; ATTORNEYS AT LAW! INJUNpTION; ABATEMENT OF PUBLIC 100 SO.SECOND ST.,P.O.BOX 626 *t TT T Q R trT' _ v e fi t, RENTON,WASHINGTON 98057 1 under the State Environmental Policy Act (hereafter "SEPA" ) . 2 Defe dant Encore complied with the requirements of SEPA and 3 obtained from the Environmental Review Committee of the City 4 of R nton (hereafter "ERC" ) , a threshold determination of 5 non-significance (hereafte.r "DNS") . As a part of the 6 environmental assessment process , Defendant Encore made 7 representations to the ERC that , among others things , the 8 business would not operate past the hour of 2:00 a.m. , that 9 the usiness would limit its patrons to those over the age of 10 17 years , and that it would adopt admission and readmission 11 standards for its purpose of operation as a teen disco. In 12 reli nee upon those representations in mitigation of the 13 environmental , impact of the proposed business operation , the 14 ERC granted the DNS. 15 7. Plaintiff is informed and believe and therefore 16 alleges that on or about October 1 , 1984, Defendant Encore 17 opened its business for operation of a teen disco at 221 Wells 18 Avenu South , Renton, King County , Washington and more 19 particularly described as follows : 20 Lots 15 and 16 , Block 22 , Town of Renton , less 21 alley, 22 Situated in King County, Washington 23 8. Since its opening, Defendant Encore has 24 consi -tently operated its business as a teen disco past the 25 hour of 2: 00 a .m. , in violation of the Cabaret Ordinance and 26 the representations made to the ERC in Defendant Encore ' s ?7 proposal of voluntary mitigation measures upon which the DNS 28 i WARREN&KELLOGG,I,P.S. COMPLAINT FOR DECLARATORY JUDGMENT ; ATTORNEYS AT LAW INJUNCTION; ABATEMENT OF PUBLIC 100 SO.SECOND ST.,P_O_BOX 626 1 was granted by the ERC. Principal of these violations have 2 been : 3 (a) Hours of operation past 2: 00 a .m; 4 (b) Failure to limit its patrons to those over the age 5 of 17; and 6 (c) Failure to charge a, readmission fee . 7 9. When it became clear to the Plaintiff that the 8 customary closing hours of the business would be in violation 9 of the Cabaret Ordinance and of the terms. of the DNS granted 10 by the ERC, the ERC requested a new environmental checklist 11 from Defendant Encore . 12 10. Thereafter, Defendant Encore proposed a radical 13 change in its hours and conditions of operation, includingia 14 proposal to remain open until 7 : 00 a .m. 15 11 . Despite the request of the ERC, Defendant Encore 16 has failed or refused to file a new environmental checklist 17 with the ERC or to further modify its operations to mitigate 18 the identified potential environmental impacts of its 19 operations . There is no current DNS relating to the actual 20 operations or the proposed operations of Defendant Encore. 21 12. Plaintiff is informed and believes and therefore 22 alleges that Defendant Encore will continue to operate its 23 busin ss as a cabaret beyond the 2:00 a .m. closing restriction 24 and, mong others things , without readmissions standards . 25 13. On May 8, 1985, the Plaintiff issued a criminal 26 summo s in Renton Municipal Court charging Defendant Encore �7 with iolation of the Cabaret Ordinance . 28 COMPLAINT FOR DECLARATORY JUDGMENT ; WARREN&K ATTORNEYSS A AT ,P.S. T L LA AW INJUNbTION; ABATEMENT OF PUBLIC 7oo SO.SECOND ST.,P.O.BOX 626 RT tiT[. iin L+ n R nr+ Ii RENTON.WASHINGTON 98057 1 14. Plaintiff is informed and believes and therefore 2 alleges that Defendants Ron Santi , as Trustee under Will dated 3 July , 1980, and Stace Santi , a single person , are the owners 4 of t e real property more particularly described above in 5 Parag aph 7 , andi may claim some interest in the real property 6 which is the subject of this action . 7 15. Plaintiff is informed and believes and therefore 8 alleg that additional persons , whose identify is presently 9 unknown to the Plaintiffs may hereafter become known to the 10 Plaintiffs as th!e managers or acting managers and/or persons 11 in c arge of the business of Defendant Encore . Such 12 individuals are identified as John Does I through X. The true 13 name of John Does I through X will be pleaded by the 14 Plain iffs hereafter upon receipt of knowledge as to their 15 ident ty. 16 FIRST CAUSE OF ACTION RE: DECLARATORY JUDGMENT 17 Comes now ' the Plaintiff City of Renton to request , a 18 decla atory ,judgment pursuant to Chapter 7 .24 R.C.W. and to 19 sompl- in and allege as follows : 20 16 . Plaintiff City of Renton incorporates herein by 21 refer-nee each and every allegation of Paragraphs 1 through 22 15, i elusive , as though set forth herein in full. 23 17. A justiciable controversy and dispute now exists 24 between the Plaintiff and the Defendants relating to the 25 appli ability of ; the Cabaret Ordinance to Defendant Encore' s 26 business of a teen disco. 27 28 - i COMPL INT FOR DECLARATORY JUDGMENT ;f WARREN ATTORNNEYSEYSKE A AT GG,P.S. T LAW INJUN I TION; ABATEMENT OF PUBLIC 100 SO.SECOND ST.,P.O.BOX 626 UHT 0 AT. /NV n A fir' G RFNTfN-WACHINGTnN Qkoc7 1 a. Plaintiff claims that Defendant Encore' s business 2 of a teen disco' is a "cabaret" as that term is defined in 3 Secti n 6-2801 of the Cabaret Ordinance . 4 b. Defe;ndant Encore claims that its business of ' a 5. teen disco is hot a "cabaret" as that term is defined in 6 Section 6-2801 of the Cabaret Ordinance . 7 c. Plaintiff claims that Defendant Encore has changed 8 the hours and conditions of its operation from those upon 9 which the ERC granted the original DNS. Furthermore , 10 Plaintiff claims that Defendant Encore has proposed a radical 11 change in its hours and including a proposal to remain open 12 until 7:00 a.m. Therefore , the Plaintiff claims that 13 Defendant Encore is required to file a new environmental 14 checklist with. the ERC or to cease operation in violation of 15 its original proposed operation and voluntary mitigation 16 measures . 17 d. Defendant Encore claims that it is not required to • 18 file new environmental checklist with the ERC . 19 18. No adequate remedy other than that herein prayed 20 for exists by which the rights of the parties hereto may be 21 determined . 22 WHEREFORE, , Plaintiff City of Renton prays for relief as 23 follows : 24 1 . That' the Court declare that Defendant Encore' s 25 business as a teen disco is a "cabaret" as defined in Section 26 6-2801 of the Cabaret Ordinance. 27 28 WARREN&KELLOGG,P.S. COMPL 1 INT FOR DECLARATORY JUDGMENT ; ATTORNEYS AT LAW INJUNCTION: ABATEMENT OF PUBLIC 100 SO.SECOND ST.,P.O.BOX 626 • i 1 2. That the Court declare that Defendant Encore is i I 2 requ red to file with the ERC a new environmental checklist 3 unde SEPA or to: cease operation in violation of its original 4 prop•sed operation and voluntary mitigation measures . . I 5 3. That; the Court award the Plaintiff its costs and 6 atto ney's fees as provided by law and such other and further 7 reli-f as the Court deems just and proper. 8 SECOND: CAUSE OF ACTION RE INJUNCTIVE RELIEF 9 Comes now ;the Plaintiff City of Renton pursuant to the 10 provisions of R.C.W. Chapter 7 . 40 to request an injunction 11 against the Defendants herein and to complain and allege as 12 foll•ws : 13 19. Plaintiff City of Renton incorporates herein by 14 reference each and every .allegaton of Paragraphs 1 through 17 , 15 incl sive , as though set forth herein in full . 16 20. That ' there is no plain, adequate or speedy remedy 17 at 1-w is available to the Plaintiff and that the Plaintiff 18 will suffer irreparable damage unless Defendant Encore is 19 restrained from !operating its business as a teen disco later 20 than the hour of 2:00 a .m. , and unless Defendant Encore is 21 ordered to filelwith the ERC a new environmental checklist 22 under SEPA or to; cease operation in violation of its original 23 proposed operation and voluntary mitigation measures . 24 WHEREFORE, ' Plaintiff prays for relief as follows : 25 1 . For issuance of a preliminary injunction during 26 the •endency oflthis proceeding restraining Defendant Encore 27 and its officers , shareholders , directors, employees and 28 WARREN&KELLOGG;P.S. COMPLAINT FOR DECLARATORY JUDGMENT; ATTORNEYS AT LAW INJUNCTION; ABATEMENT OF PUBLIC no SO.SECOND ST.,P.o.BOX 626 1 agents, and each of them, from operating its business of ' a 2 teen disco later than the hour of 2:00 a .m. as prohibited by 3 Section 6-2802 , of the Cabaret Ordinance , and requiring 4 Defe dant Encore to file with the ERC a new environmental 5 checklist pursuant to SEPA or to cease operation in violation 6 of i s original ' proposed operation and voluntary mitigation 7 measu, es. 8 2. For issuance of a permanent injunction restraining 9 the Defendant , Encore and its officers , shareholders , 10 dire tors , employees and agents , and each of them, from 11 opera ing its business of a teen disco later than the hour of 12 2 : 00 a .m. as prohibited by Section 6 -2802 of the Cabaret 13 Ordin:nce , and requiring Defendant Encore to file with the ERC 14 a ne environmental checklist pursuant to SEPA or to cease 15 opera ion in violation of its original proposed operation and 16 volun ary mitigation measures . 17 3. For entry of an order that the trial on the merits 18 of th- permanent , injunetion be advanced and consolidated with 19 the hearing upon the application for the preliminary 20 injun tion . 21 4. That the Court award the Plaintiff its costs and 22 attor ey's fees as provided by law . 23 5. That the Court grant such other and further relief 24 as th- Court deems just and proper . 25 THIRD CAUSE OF ACTION RE: ABATEMENT OF PUBLIC NUISANCE PER SE 26 Comes now the Plaintiff to request a declaratory 27 judgm nt pursuant to Chapter 7 .24 R.C.W. and R.C.W. Sections 28 WARREN&KELLOGG,;P.S. COMPL INT FOR DECLARATORY JUDGMENT; ATTORNEYS AT LAW INJUN TION; ABATEMENT OF PUBLIC 00 SO.SECOND ST.,Ro.BOX 626 QFAJTAN WICMINGTAN OROC7 1 7 . 48. 010, 7 . 48. 120 and 7 . 48. 130 and to complain and allege as 2 follows : 3 21 . Plaintiff incorporates herein by reference each 4 and every allegation of Paragraphs 1 through 19, inclusive , as 5 thoug set forth herein in full. 6 22. Defendant Encore's course of conduct and use of 7 the premises at 221 Wells Avenue South, Renton, Ring County, 8 Washington, and more particularly described in Paragraph 7 9 above , for the purpose of operating a cabaret after the hours 10 of peration as permitted by the Cabaret Ordinance , 11 estab ishes the premises described above as a public nuisance 12 under the Revised Code of Washington in that said operation is 13 in d fiance of the Cabaret Ordinance regulating hours of 14 opera ion , and that the business annoys , injures or endangers 15 the c mfort, health or safety of others or offends decency, or 16 rende s others insecure in life or use of property . 17 23. Plaintiffs have no plain , speedy , or adequate 18 remedy at law t'o prevent the acts and conduct aforesaid . 19 Unless the same is abated, plaintiffs will suffer and are now 20 suffe ing irreparable damage and loss . 21 WHEREFORE, Plaintiff prays for relief as follows: 22 1 . That. the Court declare that pursuant to RCW �3 7 . 48. 10, 7 . 48. 120 and 7 .48. 130, the continued operation by 24 Defendant Encore of its business as a cabaret after the hours 25 of 2: 00 a.m. , as prohibited by the Cabaret Ordinance , is a 26 public nuisance per se and must be abated as provided by law. ' 27 28 COMPLAINT FOR DECLARATORY JUDGMENT ;; WARREN&K ATTORNEYSS A ATT LA ,,P.s. LA WARREN INJUNCTION; ABATEMENT OF PUBLIC t00 SO.SECOND ST.,P.O.BOX 626 MiiTQA!1r'r - DAnW o RENTON.WASHINGTON 98057 • ! 1 2. That the Court award Plaintiff its costs and 2 attorney's fees as provided by law. 3 3. That the Court grant such other and further relief 4 as the Court deems just and proper. 5 DATED: May , 1985. 6 7 ,c c S� e- 8 LAWRENCE J. REN Attorney for Plaintiffs 9 10 11 12 13 14 15 16 17 18 19 20 21 22 �3 24 25 26 27 28 - WARREN&KELLOGG,P.S. COMPLAINT FOR DECLARATORY JUDGMENT ; ATTORNEYS AT LAW, INJUNCTION; ABATEMENT OF PUBLIC um SO.SECOND ST.,P.O.BOX 626 NUISANCE - PAGE 10 RENTON,WASHINGTON 98057 oce_t1L7II FIT OF R4,ti A. 0 OFFICE OF THE CITY ATTORNEY . RENTON,WASHINGTON V 4 POST OFFICE•Ox 626 100 S 2nd STREET • RENTON. WASHINGTON 94057 2SS-167S 0 mom Z Q p LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY � DAVID M. DEAN, ASSISTANT CITY ArroRNer �ITFD SEP� MARK E. BARBER, ASSISTANT CIr' ATTORNer ZANETTA L. FONTES, ASSISTANT CITY ATTORNer MARTHA A.FRENCH, ASSISTANT CITY ATTORNEY April 9 , 1985 R. W. Wohllaib Regional Audit Manager Division of Municipal Corporations Office of State Auditor Legislative Building AS-21 Olympia, WA 98504 Re : Audit of City of Renton Records for 1984 Dear Mr. Wohllaib : As per your letter of April 3 , 1985 , you will find discussed below pending litigation and claims involving the City of Renton, first as to defendant and then as to plaintiff. Defenses 1. Playtime Theaters , Inc. - This case is pending for review before the United States Supreme Court. The City' s liability hereunder , should the decision of the Ninth Circuit be allowed to stand , would be for attorney ' s fees and other damages under 42 USC 1983 . Playtime ' s attorneys have been mentioning figures in the vicinity of $300 ,000. 2. Clark - This claim is pending as of the end of 1984, but was subsequently dismissed upon motion for summary judgment. 3. Kalk - Covered by insurance. Relates to physical injury suffered by a Boeing worker crossing the road- way in an area normally controlled by traffic signals , but uncontrolled on that day because of failure of those traffic signals . There is exposure for sub- stantial damages to the City , but insurance money should pay all such damages . c ` . OF RF 11 r ► ��' OFFIui OF THE CITY ATTORNEI _ RENTON,WASHINGTON V , © 2 POST OFFICE SOX 626 100 S 2n0 STREET • RENTON. WASHINCTON 9$057 25S-•67• LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9 DAVID M. DEAN, ASSISTANT CITY ATTORNEY O A T �0�liP MARK E. BARBER, ASSISTANT CITY ATTORNEY FO $EP�(c ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY MARTHA A.FRENCH, ASSISTANT CITY ATTORNEY November 6 , 1984 Court of Appeals Division I One Union Square 600 University St . Seattle, WA 98101 Attention: Commissioner- Re : City of Renton et al vs . Playtime Theatres , Inc . et al Appeals No . 15361-7 Dear Commissioner: The hearing was scheduled to be held in Division I to dismiss or impose sanctions or terms on Petitioner for failure to perfect appeal . That hearing was to be scheduled for November 2, 1984 . Prior to the date of the hearing the Petitioner moved the Court for a stay of proceedings for a period of 90 days . During the court hearing on November 2 , this office was requested to respond to the request for the stay. This office has no opposition to the request for stay for the period of 90 days . We had previously conditioned our agreement on that 90 day stay upon the occurrence of certain events . Those events have transpired to the satisfaction of the City of Renton and we therefore have no opposition to granting of such a stay . It was indicated at the November 2 hearing that if this position was stated in writing, that it was unnecessary to attend the hearing date on November 9 , 1984 . If you have any questions concerning the City of Renton' s position herein, please feel free to contact me . Very truly yours , Lawrence J. Warren LJW: ds cc: Jack Burns cc : Mayor Shinpoch OF R�� OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON V ,b POST OFFICE•Ox 626 100 S 2nd STREET RENTON. WASMINGTON f•0ST 2SS-S 7� Z Q 0 - X' LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9,p DAVID M. DEAN, ASSISTANT CITY ATTORNEY 09ljED SEPT°,O�P MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY MARTHA A.FRENCH, ASSISTANT CITY ATTORNEY November 6, 1984 Mr. Jack Burns Attorney at Law 10940 N.E. 33rd P1 . Suite 107 Bellevue, WA 98004 Re: City of Renton v. Playtime Theatres Dear Jack: Dan Kellogg passed along to me your recent offer to settle the Playtime case for $250, 000 .00 with dismissal of all appeals . Please be advised that the City has previously rejected all offers to settle the case based upon the payment of any funds from the City to Mr. Forbes . What we will offer in exchange is an outright dismissal of all appeals with a waiver by the City of any right to claim attorney' s fees . As you are aware , the United States Supreme Court recently took review of the State Moral Nuisance Law. Should that ruling be reversed the City has a right to obtain all of the money expended in controlling a moral nuisance . Since the United States Supreme Court routinely reverses Ninth Circuit cases , I would think the risk to your client would be substantial . We, of course , realize that there is risk to the City involved if the Ninth Circuit reverses the District Court ruling on the consti- tutionality of our ordinance . The risks would appear to be no worse than offsetting from the City' s standpoint . Based upon these facts a reasonable settlement would be an abandon- ment of all appeals by all parties with no claims for costs or attorney' s fees involved. Very truly yours , Lawrence J. Warren LJW: ds cc: Mayor WARREN & KELLOGG, P.S. ATTORNEYS AT LAW LAWRENCE J. WARREN 100 SOUTH SECOND STREET TELEPHONE DANIEL KELLOGG 12061 255E67B POST OFFICE SOX 626 MARK E. BARBER DAVID M. DEAN RENTON, WASHINGTON 98057 ZANETTA L. FONTES MARTHA A. FRENCH October 17, 1984 Mr. James J. Clancy Attorney at Law 9055 La Tuna Canyon Road Sun Valley, Calif. 91352 Re: City of Renton vs . Playtime Theaters Dear Jim: It was nice to talk with you the other day. We share your delight in the U. S. Supreme Court ' s decision to accept review of the Ninth Circuit ' s ruling with respect to HB 626. Mr. Warren reviewed your letter of October 12 , 1984 with the City Council at their regular meeting on October 15 . Following that meeting we are authorized to accept your offer to prepare , at no cost to the City of Renton , an amicus curiae brief in Eikenberry v. J. R. Distributors , on the issue of "abstention" , and a Petition for Writ of Mandamus requesting that the U. S . Supreme Court direct Judge McNichols to vacate his injunction and dismiss the Federal Court lawsuit against the City of Renton on jurisdictional grounds . We understand that if an attorney' s fee is awarded to the City, that the cost of production of the pleadings and attorney' s fees incurred by CDL will be payable from that award. This acceptance of your kind offer is made expressly upon the condition that the pleadings be submitted to our office for approval and for a final determination as to whether or not the pleadings should be filed. Therefore , the pleadings should be submitted as early as possible so that our review may be orderly and the filing timely. We are relying entirely upon you in the determination of the appropriate time periods and the form and style of the pleadings . Please contact me if we can be of assistance to you. Very truly yours , Daniel Kellogg DK:ds b c: Mayor, Council President, City Clerk Renton City Council <, April 16, 1984 Page four Ways and Means Ways and Means Committee Chairman Clymer presented a report Committee recommending concurrence in the request to appropriate le1gis- continued lation for a budget transfer in the amount of $1 ,200fromI the Contingency Reserve to its Capital Outlay account for the' Aerial Photographs purpose of obtaining aerial photographic enlargements of the Forbes litigation negatives. Committee Chairman Clymer explained that, during the Forbes trial , aerial photographs of Renton were obtained to be used in court. Enlarging these photographs to provide the City with an updated, comprehensive aerial ma'p would require this expenditure of $1 ,200. MOVED BY CLYMER, SECONDED BY REED, COUNCIL CONCUR IN THE REPORT OF THE WAYS AND MEANS COMMITTEE AND REFER THE SUBJECT MATTER BACK TO COMMITTEE FOR APPROPRIATE LEGISLATION TO OBTAIN FUNDS TO OBTAIN THE AERIAL PHOTOGRAPHS. Councilman Stredicke requested an accounting of the Contingency Fund, showing current balance and expenditures. Councilman Mathews requested that each time a request for funds transfer is received, the balance in that fund be shown on the request. MOTION CARRIED. NEW BUSINESS Councilman Keolker congratulated Council President Hughes on an Congratulations outstanding job serving as Mayor Pro Tem last week. Merit Awards/ Councilman Stredicke suggested Council consider recognizing Recognition superlative performance by a citizen, business, or City employee by the awarding of a letter, plaque, or other"Atta' Boy"� con- gratulations. Mayor Shinpoch agreed to investigate this possi- bility, noting the value of sincere appreciation. ADMINISTRATIVE REPORT Mayor Shinpoch thanked Council President Hughes for acting in Thank you, her behalf in her absence last week. Mr. Hughes noted his Mr. Hughes appreciation of the cooperation and assistance received from the entire staff. California Mayor Shinpoch reported on her trip to California, indicating Comparison how favorably Renton compares to most cities there while sharing similar problems. The Mayor described the evident destruction of public works systems with the passage of Initiative 13. 405 Widening At Councilman Reed' s inquiry, Mayor Shinpoch indicated that the Open House open house for the widening of 405 would be held April 25 at the Renton Sheraton. Mayor/Council Mayor Shinpoch announced a one-day seminar for mayors and council Seminar members to be held May 18 at the Double Tree at Southcenter entitled "Keys to Effective City Council". ADJOURNMENT MOVED BY HUGHES, SECONDED BY TRIMM, COUNCIL ADJOURN. CARRIED. Time: 8:56 p.m. MAXINE E. MOTOR, City Clerk Renton City Council 4/2/84 Pag- two Consent Age da continued Planning Planning Commission requested permission to attend Planning Association of Association of Washington Spring Conference, May 2-4I, 1984, Washington in Pasco, Washington for members Walter Grieser, Barbara Conference Schellert, and Joan Walker. Refer to Ways and Means, Committee. S. 43rd Str-et Public Works Department requested opportunity to present status Improvements report regarding South 43rd Street improvement project between SR-167 and Talbot Road; representatives of Valley General Hospital and One Valley Place development invited. Refet to Transportation Committee. 1 Consent Agenda MOVED BY HUGHES, SECONDED BY MATHEWS, COUNCIL APPROVE THE Approved CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Linda Koepfli-Mitcham commending Renton Police representatives of the Renton Police Department for their Department assistance during recent incident in which her son took his • Praised own life. Letter from Mayor Shinpoch extended sympathy to Mrs. Koepfli-Mitcham for her loss and gratitude for her expression of confidence in and compassion for the officers involved. s_ Letter was read from Norman M. Peterson indicating suppolt for the City of Renton in the Forbes lawsuit regarding pornographic movies (check enclosed) . The letter also praised city street crews for expeditious repair of storm drainage facilities on Street Crews Ni. 34th Street. Mayor Shinpoch reported that the check is being Praised held until Mr. Peterson is fully apprised of the specific aspects of the court action-and the City' s ordinance. OLD BUSINESS Utilities Committee Chairman Mathews. presented a report Utilities recommending the Public Works Department complete negotiations Committee for a second phase to the SCS P-1 Channel from SW Sewentli Street Soil Conser ation to approximately SW 16th Street. The SCS Phase I project will Service P-1 Channel begin construction in mid-April by D. J. Hopkins, low bidder. Phase II Continued The second phase work will require right-of-way acquisition, fill sites, permits and second phase acquisition of the Panther Creek Wetlands with funds already budgeted in 1984. Continued The Public Works Department will submit the draft agreements and right-of-way acquisition package for Phase II for review by the City Council . MOVED BY MATHEWS, SECONDED BY KEOLKER, COUNCIL CONCUR IN THE RECOMMENDATION OF THE UTILITIES COMMITTEE. Upon inquiry, it was clarified that the project is under the authority of the SCS, not the city, and Council approval at this time is being sought for completion of negotiations only for the second phase of the P-1 Channel ; first phase approval having occurred on 11 /7/83. The second phase, if approved, may commence in late 1984 or early 1985; would be funded by SCS; and may extend the P-1 Channel farther south to 1-405 or to SW 16th Street. MOTION CARRIED. It was_ noted that fill permit fees had been waived for Phase I as approved by the Council , with same waiver proposed for Phase II fees when it is brought before the Council at a later date. Planning an. Planning and Development Committee Chairman Stredicke presented leve opment a, report recommending that the City Council delete professional Committee offices from uses allowed in the R-3 and R-4 zones in view of Professional the fact that the City now has an appropriate zone for location Offices of all office uses between high density multiple zones and Disallowed in commercial zones. Councilman Hughes spoke against the motion ' R-3 & R-4 Z.nes since he felt office uses can be reviewed through conditional use permit process in those zones. Responding to Councilwoman Keolker's question regarding the effect on a Planned, Unit Development in R-3 and R-4 zoning categories, City Attorgey Warren indicated he would research the matter. MOVED BY� STREDICKE, SECONDED BY CLYMER, COUNCIL CONCUR IN THE', COM ITTEE REPORT. ROLL CALL: 4 AYES: KEOLKER, STREDICKE, TRIMM, DLYMER. 3, NAYS: HUGHES, REED, MATHEWS. CARRIED. Other Adult Planning and Development Committee Chairman Stredicke presented Entertainment a: report recommending no action be taken on the matter ofl further Uses (Referred regulation of adult entertainment use. MOVED BY STREDICKE, 3/7/83) SECONDED BY CLYMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIEu. r ,. . .. � , ' 3 4° a. /d3'/I( Art///,' , ..171/67t,i- 3440-4 54,01 1 . C-;. J7 a ll die l `,O/7 ye J2 14°,07�, W S1 q 8oL 5 , A°3-ejcri-d 41/g.0- ,- Ott (,(-71-GZ' ) /t- :74 1 ./ ''P"'2' / i o Air✓ ilit aki 0617-1 'y 'a-,..-1 • 1 iitit-vir„.,„' /6_ .fri ,__,_ 16,74,__e _. afeAl-e- ),..0-7, ,,, ,47/44,./kr • .. , v 241 ,),,,.._„„a y I re., ...1(1 .,- ,,-eliePti-,z4- mph-- jet-",--r-- ial2 '-, a- cillcJ" /tom 1'" '1. frvi,r a.,,,,, A)::72‘.. ., i i.,Aei . 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I , r- 1.4 71., 4--ret"--0 -ewe ' ---e-?V -i / -;-,A6c rye -14 -vai7-0 r -r-ig via i2?- , .. 17,-zre--12 ,--c•-"'"'27-7C-'74-te Z-i-ov y - rys "rvr760 2/(1,/ `r/'"VV114 irl/ •Wn'e r1V2 /' I, /7/2'7742 '--7'Le0-.44,- /1"rdle, 141411//0 _jcz,of l' II-0eW 477. r'14-finvnll"vivIA °21-(r 77- 14 "-4 42/- -7-24-1/1 -/V7'1'12 'rrliril -to evx.4-4,1944/ evirvep 1(4, ' i • . , ,474.--e-4--74/ 7441.4.---„Il 144 ii-v_14„..7, ....._va,. _ -7--r v _ie-prz4r/ --rrx -- ir rIl-k Z .‘4-‘44AVP /41' 0 /117,-14-44/ (14 161r2-e 1 ( — ' I Renton City Council 3/19/84 Page three Consent Ag nda continued Alternativeof Bid Award 3 the bid proposal which includes carpet First Floor replacement for Finance, Utilities Billing, and City Clerk' s Remodeling reception area at a cost of $4,683.98. Total contract amount of City Hall iincreased to $18,632. 12 including sales tax. Council coicur. Responding to Councilman Stredicke' s concerns, it was noted that additional $3600 needed for the. project will be funded firom Finance and General Services budgets. Garbage Dumping Piublic Works Department requested review of problem on Pipeline on Pipeline Road Road (Puget Drive to Philip Arnold Park gate) with increasing amount of illegal dumping of garbage. Refer to Transportation Committee for review and recommendation. B.E.M.P. - H;earing Examiner recommended approval of B.E.M.P. Associates Associates Request for Rezone, File No. R-080-83, from G-1 to M-P for Rezone 0.,9 acres of property located on the southwest corner of R-080-83 Llind Avenue SW and SW 19th Street. Refer to Ways and Means Committee. ADDED ITEM Mayor Shinpoch submitted proposal for consultant to work with Health Care Day Health Care Cost Containment Task Force formed to ''analyze Benefit Study health care benefit program. Refer to Ways and Means Committee to 'oversee progress of task force. MOVED BY HUGHES, SECONDED BY CLYMER, COUNCIL APPROVE THEW, CONSENT AGENDA AS AMENDED. CARRIED. CORRESPONDENCE Mayor Shinpoch advised receipt of two letters and a small check Playtime Court from residents expressing support of the City in the! Forbes case. Case The check has been deposited to the General Fund with approval by the State Auditor. Traffic Light Mayor Shinpoch also received a petition containing 73 si9natures at Second and requesting installation of a traffic light at South Second Street Burnett and Burnett Avenue South. Noting funds are already budgeted for, the project, it was MOVED BY TRIMM, SECONDED BY CLYMER, COUNCIL AUTHORIZE THE ADMINISTRATION TO RESPOND TO PETITIONERS. CARRIED. OLD BUSINES Birthday es. :thday congratulations were extended to Councilman Hug tl Ways and Mens� Wayls and Means Committee Chairman Clymer presented a report Committee recommending concurrence in Mayor Shinpoch' s appointment of Municipal A is Leta Edwards to the Municipal Arts Commission for a three,- Commission year term effective to December 31 , 1986. MOVED BY CLYMER, Appointment SEC1ONDED 'BY MATHEWS, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Utilities C.mmittee Utilities Committee Chairman Mathews presented an informational 1983 Compre ensive report regarding the 1983 Comprehensive Sewer Plan. A detailed Sewer Plan review of the plan, which included data regarding future inflation levels, population and'Capital Improvement Programs, has been provided by the Consulting Engineer (Wilsey & Ha__I'm, Inc. ) . The Plan, when adopted, will assist the City Council duriing the budget review process when selection of the sewer system operating plan, comprehensive plan and rate structure occlur. Continued The Committee concluded that a supplementary report would aid them in review of the matter, and the Finance Director was requested to provide the supplement by incorporating specific 1984 budget appropriation amounts into the Sewer Revenue , Requirements and Capital Funding Assumptions (Tables16.5 on page 38 and 6.7 on page 39, respectively) . These adjustments will in turn affect the Sewer Rate Option figures in Table 6. 10 on page 41 . (Information Only)* Utilities Committee Utilities Committee Chairman Mathews presented a report Release of Easement recommending that the storm drainage easement over Lots 71, for Washington and 8 of the Washington Technical Center Plat (Holvick deJRegt Technical C nter Koering) be released. This easement over the old Black River Channel was acquired in 1962, and since the area has now been platted and a 60-inch storm drain installed in SW Seventh! Street, it is no longer required. Release of the easement will clear title to Lots 7 and 8. �I i, Pi'Y( F.11 OF R4, OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON (.7 ,/ CO Z POST OFFICE BOX 626 100 S 2nd STREET • RENTON.WASHINGTON 9e057 255-11670 WIL n $ LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY O9v 0' DAVID M. DEAN, ASSISTANT CITY ATTORNEY ��TEn SEP� �Q March 12, 1984 MARK E.BARBER, ASSISTANT CITY ATTORNEY ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY MARTHA A.FRENCH, ASSISTANT CITY ATTORNEY TO: MAYOR BARBARA SHINPOCH, and MEMBERS OF ,CITY COUNCIL FROM: Lawrence J. Warren, City Attorney RE: City of Renton, et al. v. Playtime Theatres, Inc. , et al. I enclose toyou a copyof the Memorandum Decision i(w thout attachments) which was entered on March 9, 1984 by Judge 1 Nancy ,Ann Holman in the Superior Court litigation against Playtime Theatres, Inc. , et al. The attachments consist , of the forms of jury verdicts and special interrogatories,' together with the three ordinances in question. As we have indicated to you previously, this decision represents a complete victory for the position which the City of Renton has taken with respect to this illegal land, use. We are extremely pleased with the independent research which Judge Holman has invested into this scholarly and well written opinion. At the crux of the decision is the court' s rejection of the "experts" which had been presented by the defense. Their theories of "scientific value" in order to avoid a finding of obscenity were totally rejected by the court. On the contrary, the court appears to have totally accepted the expert opinion testimony given by Dr. Ernest van den Haag, Professor of Jurisprudence and Public Policy at Fordham University in New York and Dr. Jack Faghin, a practicing psychiatrist here in Seattle. The testimony of these two witnesses .established the lack of scientific value of the films and the appeal to prurient interest. I believe that you will particularly appreciate the Court'Is remarks with respect to the City' s responsibilities with regard to protection of "family-oriented areas". It is Mayor Shinpoch and Members of City Council March 12, 1984 Page 2 clear that Judge Holman has understood and embraced the concept 'iof zoning control of these types of deleterious land uses . It is interesting to note that she has moderated her insistence upon proof of obscenity in view of the jury' s finding that only four out of the ten films were obscene. Her theory in this regard always caused us great concern because it required extrapolation from the ten representative films to the entire group of film fare. Since a finding of, obscenity is such a serious matter (since obscenity is illegal ;everywhere) we are doubtful that her theory was necessary or proper. In the face of the jury' s decision, she has apparently abandoned her requirement of proof of obscenity. Her decision more closely conforms to the I, requirements of our ordinance. Within the next few days we will be preparing detailed Findings of Fact and Conclusions of Law as well as a permanent injunction which will be the final order in this case. As required by the court, we will be analyzing and presenting a Memorandum of Law to the court with respect to the scope of available remedies, including award of attorney' s fees and costs of litigation. In view of the holding by the Ninth Circuit Court of Appeals that House Bill 626Iis unconstitutional, we have significant doubt as to whether it will be possible to recover the costs of litigation in this matter. However, our final recommendation to you with regard to this cause of action must abide further research. I am very proud of this decision. Likewise, we are proud of the members of the City staff who contributed so much to the preparation of our case in the trial court. I would especially want to note the contributions of David Clemens, Mike Parness and Don Persson with respect to the reviewing and statistical analysis of the films . The court found this evidence to be high persuasive as to the content of all of the films. Likewise,' I am very pleased with the restraint which has been shown byIthe members of the City Council and the administration with respect to public comment on this matter. It might have been easy, to make a political issue out of this litigation. �, i i Mayor Shinpoch and Members of City Council March 12,1 1984 Page 3 In many other cities final decisions in such cases have been marred by public statements which later appear to show a prejudice against such land uses. However, we have always drawn strength from the knowledge that we had the solid support Of the City Council in this matter. Please be aware that our Federal Court litigation against Playtime (Theatres is still pending on appeal before the Ninth Circuit Court of Appeals. The final brief will be submitted within the next few weeks. Then the matter will be set for oral argument. We are hopeful that Judge McGoverns decision that the ordinance is constitutional will be affirmed by the Ninth Circuit Court. Ve truly yours, ' 19-14,0-‘02--6) Lawrence J. Warren (101)4"' LJ.W:b 'J m Enc. I cc: David Clemens Mike ;Parness Donald Persson , • Renton City Council I, 3/12/84 Page six New Business NEW BUSINES Council President Hughes scheduled an Executive Session ' Executive S ssion immediately following Audience Comment portion of agenda to discuss pending litigation. 1 Sunset Boulevard Councilman Stredicke questioned progress of Sunset Boulevard/ Roadway Project Maple Valley Highway roadway project. Councilman Clymer advised hits understanding the project would be completed in May, 1984, with delays incurred due to removal of old concrete. ADMINISTRATIVE Mayor Shinpoch distributed copies of a recap of 1984 Housing REPORT and Community Development Block Grant funds and Joint and .Need Housing and Projects submitted by Ed Hayduk, Housing and Community De�w'elopment Community Coordinator. Projects for which funds were requested are: Development Block Highlands Neighborhood Center, Phase I ; Housing Assistance 1. Grant Funds Program; Neighborhood Cleanup Project; Highlands NSA Improvements, Phase I ; Senior Services Program; Planning & Management; Renton Area Multi-Service Center Site Improvements; Highlands Rental Rehab Program (joint funding with Kent) . All funds were secured as requested with the exception of a reduction in the Housing Assistance Program which will result in elimination ofl one home repair loan. When funds become available 7/1.84, ' sine improvements for both Renton Area Multi-Service Center (RAMSC) and the Highlands Neighborhood Center are expected to be; underway in August. The Boeing Company has contributed $15,000 and Renton Rotary has contributed $8,000 to the RAMSC project for attainment of 95% or $378,223 of the total project budget. AUDIENCE COMMENT Cairolyn Yahoudy, 1018 Pierce Court NE, congratulated the City Playtime Court on court victory in Playtime case and inquired regarding next —Salt..ast.. step in judicial process. City Attorney Warren advised that a formal injunction will be issued by the court, then possibly an extemporaneous entry of formal findings of fact and judgment will be forthcoming. 1 Executive Session MOVED BY HUGHES, SECONDED BY CLYMER, COUNCIL CONVENE INTO EXECUTIVE SESSION. CARRIED. Time: 10:25 p.m. ADJOURNMENT Council reconvened into regular session; roll was cal led; Ian Time: 10:43 • .m. Council members were present. MOVED BY HUGHES, SECONDED BY REED, COUNCIL ADJOURN. CARRIED. ,.. ....."... ..2„.1,....o.c.e...„ 6.4.7 „..5,7zo_ei....„ MAXINE E. MOTOR, City Clerk 1 1 1 1 1 I i 1 I 410 RENTON CITY COUNCIL Regular Meeting March 12, 1984 Municipal Building Monday, 8:00 p.m. Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF ROBERT J. HUGHES, Council President; EARL CLYMER, THOMAS W. COUNCIL MEMBERS TRIMM, NANCY L. MATHEWS, JOHN W. REED, RICHARD M. STREDICKE, KATHY A. KEOLKER. CITY STAFF IN BARBARA Y. SHINPOCH, Mayor; LAWRENCE J. WARREN, City Attorney; ATTENDANCE MICHAEL W. PARNESS, Administrative Assistant; MAXINE E. MOTOR, City Clerk; DAVID R. CLEMENS, Policy Development Director; LT. H. RAY CALDWELL, Police Department; CHIEF LEE WHEELER' Fiire Department. PRESS Past Jenkins, Renton Record-Chronicle MINUTE APPROVAL MOVED BY HUGHES, SECONDED BY STREDICKE, COUNCIL ADOPT THE MINUTES OF MARCH 5, 1984 AS WRITTEN. CARRIED. PROCLAMATION A 'proclamation by Mayor Shinpoch declared March 11 through Girl Scout Week 17', 1984 as Girl Scout Week to celebrate the 72nd anniversary of the organization, which has had more than 46 million members since its inception in 1912. The proclamation was accepted by girls representing three different troops. Kathy Robison troop leader, expressed appreciation for the proclamation and invited all former girl scouts to attend Girl Scout Recognition Night, March 14th, at Dimmitt Middle School . Samples of cookies now on sale were passed to everyone in attendance. AUDIENCE COMMENT MOWED BY STREDICKE, SECONDED BY REED, COUNCIL SUSPEND THE Playtime Court : REIGULAR ORDER OF BUSINESS TO ALLOW FOR A SPECIAL COMMENDATION. Case Victory l -,CARRIED. Referencing Judge Nancy Holman' s recent ruling in favor of the City's Zoning Ordinance as it pertains to adult City Attorney movie theaters, Councilman Stredicke applauded Mayor Shinpoch Warren Lauded and City Attorney Warren and his staff for the victory. Accolades were also extended to Administrative Assistant Pajrness, Policy Development Director Clemens, Captain Don Persson of the Police Department, Steve Munson of the; Policy Development Department, and Hearing Examiner Fred Kaufman' for their individual contributions on the City's behailf. Mayor Shinpoch added her praise for the commitment of the community, the courage of the City Council , and the skill of th'e City Attorneys in pursuing the matter. Council President Hughes concurred in their comments and felt that any future challenge can be met in view of strong foundation already set. Councilwoman Keolker presented a congratulatory balloon bouquet to; Mr. Warren, who shared credit with Assistant City 'Attorneys Kellogg and Barber as well as City Council members, Mayor Shinpoch and supportive Renton citizens. Continued Chuck Slothower, 517 S. 17th, representing Citizens for a Quality Community, thanked everyone involved in the case on behalf of a sizable segment of the community. AUDIENCE COMMENT Pat Houlbjerg, 14319 SE 100th Place, requested Council discussion Advance to of the Public Safety Committee Report regarding the Highlands Old Business aid car. MOVED BY REED, SECONDED BY STREDICKE, COUNCIL SUSPEND TH,E REGULAR ORDER OF BUSINESS AND ADVANCE TO PUBLIC SAFETY COMMITTEE REPORT UNDER OLD BUSINESS. CARRIED. OLD BUSINESS Public Safety Committee Chairman Reed presented a report Public Safety indicating that a meeting had been held with interested Committee citizens regarding emergency aid service to the Highlands! Highlands Aiid Chief Wheeler had described level of service since 1981 , and Car had indicated intent to request six additional firefightt/ EMT personnel in the 1985 budget to be considered by the Council in November, 1984. That additional personnel , if' approved, would allow operation of an aid car in the Highlands from Station 12 on a full-time basis. • 11004r7724E, RENTON CITY COUNCIL Regular Meeting January 23, 1984 Municipal Building Monday, 8:00 p.m. Council Chambers' MINUTES CALL TO ORDE Mayor Barbara Y. Shinpoch led the Pledge of Allegianceito the flag and called the meeting of the Renton City Council , to order. ROLL CALL OF ROBERT J. HUGHES, Council President; EARL CLYMER, THOMAS W. COUNCIL MEMBERS TRIMM, NANCY L. MATHEWS, JOHN W. REED, RICHARD M. STREDICKE, KATHY A. KEOLKER. CITY STAFF IN BARBARA Y. SHINPOCH, Mayor; LAWRENCE J. WARREN, City Attorney; ATTENDANCE MICHAEL W. PARNESS, Administrative Assistant; MAXINE El MOTOR, City Clerk; CAPTAIN. JAMES BOURASA, Police Department. I PRESS Pat Jenkins, Renton Record-Chronicle MINUTE APPROVAL At Councilwoman Mathew's inquiry, Mayor Shinpoch clarified that on page two, paragraph two, the first line should read: Mayor Shinpoch reiterated Council suggestion that the citizens form a co-op or a Local Improvement District to find funding solutions to the problem. MOVED BY TRIMM, SECONDED BY CLYMER, COUNCIL APPROVE THE MINUTES OF JANAURY 16, 1984 AS CORRECTED. CARRIED. AUDIENCE COMMENT Doris Stott, 4300 NE Sunset Boulevard, #H-1 , member oflCitizens Playtime Court for a Quality Community, commended City Attorneys for superior Case representation of the City in Playtime Theater trial, and thanked City officials for their support of the Committee. Appreciation was extended to Councilwoman Kathy Keolker, former Committee Chairperson, and to Co-Chairpersons Chuck Slothower and ,Carolyn Yahoudy, who were introduced. CONSENT AGENDA Items on the Consent Agenda are adopted by one motion which', follows the listing: Magraw Claim Claim for damages in the amount of $189.89 filed by Kevin W. for Damages Magraw, 11009 SE 220th Place, Kent, for tires allegedly damaged CL 52-83 by hole in the road on-200th Street-just-east of Talbot Raod (12/29/83). Refer to City Attorney and Insurance Carrier. Dressel Claim Claim for damages in the amount of $487.86 filed by Janet C. for Damages Dressel , 26822 148th SE, Kent, for automobile damage allegedly CL 02-84 incurred when struckby-City.of- Renton fire truck (1/6/84) . Refer to City Attorney and Insurance Carrier. Insurance Fund Finance Department requested ordinance to establish a new "Insurance Fund" and provide transfer of funds-for.Self-Insurance Program in the amount of $500,000. Refer to Ways and Means, Committee. MOVED BY TRIMM, SECONDED BY MATHEWS, COUNCIL ADOPT THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Council President Hughes presented a Committee on Committees Committee on report recommending the following committee chairmanships and Committees committee assignments for the Council for 1984: 1984 Committee WAYS AND MEANS PUBLIC SAFETY Chairmen and Earl Clymer, Chairman John Reed, Chairman Members John Reed, Vice Chairman Thomas Trimm, Vice-Chairman Nancy Mathews, Member Kathy Keolker, Member COMMUNITY SERVICES . . . . . TRANSPORTATION (AVIATION)' Kathy Keolker, Chairman Thomas Trimm, Chairman Nancy Mathews, Vice-Chairman Richard Stredicke, Vice-Chairman Richard Stredicke, Member Kathy,' Keolker, Member iI PLANNING AND DEVELOPMENT UTILITIES Richard Stredicke, Chairman Nancy Mathews, Chairman Earl Clymer, Vice-Chairman Kathy Keolker, Vice-Chairman John, Reed, Member Thomas Trimm, Member 4 iPit9Renton City Council Lig 1/23/84 Page Four Ordinances a'nd Resolutions continued Boeing Hold Harm- HUGHES, REFER THIS MATTER TO THE CITY ATTORNEY FOR HANDLING. less Agreement CARRIED. Voucher Approval Ways and Means Committee Chairman Clymer presented a report recommending approval of Vouchers 55497 through 55723 and 55486 through 55487 in the amount of $1 ,177,182.76 and $30,731 .46, respectively, having received departmental ! certification that merchandise and/or services have been received or rendered. Vouchers 55477 - 55485 and 55488 - 55496 machine voided. Warrants include LID 314: $211 ,938.58. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL CONCUR IN APPROVAL OF THE VOUCHERS. CARRIED. NEW BUSINESS An appointment to the LEOFF Board will be made by Mayor LEOFF Board Shinpoch prior to its next meeting on February 1 , 1984; all Appointment Council members will be notified. L-1 Zone Councilman Trimm advised receipt of a letter from Hearing Height Examiner Fred Kaufman regarding height limitation in L-1 , Limitation Light Industrial Zone. MOVED BY TRIMM, .SECONDED BY REED, THIS COMMUNCIATION BE REFERRED TO PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. First City Upon inquiry by Councilwoman Mathews regarding correspondence Equities - from First City Equities Corporation. concerning Manufacturing Earlington Park Park Zone Ordinance and Earlington Park, Mayor Shinpoch advised a copy would be obtained and appropriate referral , either t,o staff or Council committee, would be determined. Self-Insurance Upon inquiry by Councilman Stredicke regarding establishment Funding j of "Insurance Fund" after adoption of 1984 budget, Administrative Assistant Parness explained existing budgeted funds from various sources are being pooled to establish funds for Self-Insurance Program. ADMINISTRATIVE Lt. Ray Caldwell , Police Department, testified on behalf of the REPORT j City at recent Judiciary hearing in Olympia on legislation Weapons in regarding carrying weapons in places that sell alcoholic beverages. Bars Legislation Although no decision has been made, the State is poised to preempt the City in this field. Fireworks Law In response to Council request, Legislators have been notified by mail of desire to return to "safe and sane" fireworks laws. Day in Olympia The Association of Washington Cities will be having a Legislative • Convention Convention, "Day in Olympia," on February 16, 1984 forianygne interested in attending. The Council Secretary should be contacted for information regarding registration and accommodations. Health Care The Personnel Department is sponsoring a Health Care Cost Cost Containment Containment Workshop on Friday, February 3, 1984, for Workshop I representatives of various employee groups as well as members of the City Council . The program will encompass the problem of medical costs, an examination of where the City of Renton fits into the problem, and discussion of potential solutions. AUDIENCE COMMENT Chuck Slothower, 517 S. 17th, congratulated the City Council for Playtime Court its foresight i.n approving a zoning ordinance regarding X-rated Case movies. He then questioned specifics of the trial. City Attorney Lawrence Warren explained instruction to the advisory jury by Judge Holman that the City's ordinance required proof of obscenity as well as proof that the films appeal to prurient interest. The Miller test of obscenity has three criteria: the film must appeal to prurient interest; be patently offensive; and lack serious, literary, artistic, political or scientific value. The jury had found evidence of a continous course of conduct, appeal to prurient interest, and four of the ten films to be specifically obscene. ADJOURNMENT MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL ADJOURN. CARRIED. Time: 8:52 p.m. TOR, i ty C er 1 Renton City Council March 21 , 1983 Page Four NEW BUSINESS continued i Other Adult I Councilman Rockhill asked for an approximate date of submittal of i I Entertainment I information regarding other adult entertainment uses from the City Uses Attorney. Mr. Warren advised several ordinances from other jurisdictions ' will be transmitted to the committee within two to three weeks for review. I Agreement Councilman Stredicke asked for status report regarding proposed ' With Water interlocal agreement with Water District No. 58. Mayor Shinpochl District No. explained alternatives for transferring water system for Ponderosa 58 Estates plat from that water district to City of Renton system, , noting discussion with Public Works Department staff and direction from City Council necessary. (See later action.) Signs Posted Responding to Councilman Stredicke's inquiry regarding enforcement in City of the Sign Code, Mr. Blaylock advised that "for rent" signs posted Right-of-Way in city right-of-way are in violation of the ordinance and will be removed. SB 4196 - Councilman Stredicke discussed Senate Bill 4196, $750 million public Infrastructure works infrastructure bill scheduled for executive action in the Bond Issue , Legislature. It was MOVED BY STREDICKE, SECONDED BY MATHEWS, CITY OF RENTON GO ON RECORD IN SUPPORT OF SB 4196. Mayor Shinpoch explained short notice given by A.W.C. of legislative action and lackiof opportunity to poll Council members regarding the matter. Councilman Rockhill questioned source of funds, noting his preference for the city to sell its own bonds rather than relying on the state for distribution. MOTION CARRIED. HB 235 - Gas Councilman Stredicke also expressed support of House Bill 235, gasoline Tax Package tax package which will include increases in July of 1983 and July of 1984 to be shared by cities on a formula basis. Kay Johnson, Manager, Renton Chamber of Commerce, explained support of the bill by the Chamber only if larger portion proposed for cities having high maintenance costs for heavily traveled state arterials. Councilman Stredicke noted that without the additional gas tax, urban arterial projects will receive no funding at all , and encouraged support of the bill for that reason. It was subsequently moved by Stredicke, seconded by Mathews, that the City of Renton go on record in support of HB 235, and that the Legislature be notified of the city's concern that the formula be increased for local municipalities bisected by state arterial roads receiving full traffic impact. SUBSTITUTE MOTION: MOVED BY ROCKHILL, SECONDED BY HUGHES, THE CITY OF RENTON GO ON 1RECORD IN SUPPORT OF HB 235 IF THE FORMULA IS INCREASED FOR LOCAL MUNICIPALITIES WHICH ARE BISECTED BY STATE ARTERIAL ROADS RECEIVING FULL TRAFFIC IMPACTS. CARRIED. Letter from MOVED BY MATHEWS, SECONDED BY TRIMM, LETTER FROM WATER DISTRICT 58 Water District REGARDING PROPOSED INTERLOCAL AGREEMENT BE REFERRED TO THE UTILITIES 58 COMMITTEE. CARRIED. ADMINISTRATIVE Mayor Shinpoch assured Council members that the Administration will not REPORT respond to the Legislature on their behalf without first receiviing Legislative Input their input. CPR Class ; Mayor Shinpoch highly recommended the CPR class she recently attended with Councilman Hughes. Human Rights Letter from Mayor Shinpoch to all Council members regarding and Affairs recommended changes for the Human Rights and Affairs Commission was Commission I referenced by Councilman Stredicke. It was MOVED BY STREDICKE, SECONDED BY MATHEWS, LETTER BE REFERRED TO THE COMMITTEE OF THE, I WHOLE. CARRIED. Executive I MOVED BY TRIMM, SECONDED BY ROCKHILL, COUNCIL CONVENE INTO EXECUTIVE Session SESSION. CARRIED. Time: 9:30 p.m. ADJOURNMENT Council members reconvened in regular session. Roll was called; all 9:50 p.m. I Council members present. MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL ADJOURN. CARRIED. e yam, „, ...,--Ed MAXINE E. MOTOR, City Clerk v Renton City Council March 21 , 1983 Page Three ORDINANCES AND RESOLUTIONS continued Additional An ordinance was read amending a portion of Chapter 7, Title IV Zoning (Building Regulations) relating to zoning by adding zoning Classifications classifications P-1 , Public, and O-P, Office Park. Chairman Clymer (P-1 , 0-P) advised receipt of a letter from the Planning Commission Ordinance Development Committee, dated March 3, 1983, concerning retail sales in the Office Park zone as a conditional use, and recommending revision of proposed Section 4-720(B) (3) (F) as follows: 1 ) In two (2) story buildings, retail sales may be located only on the first floor and where they do not, in the aggregate, exceed fifty (50) percent of the gross floor area of the building; and 2) In multi- story buildings, three (3) stories or more in height, retail sales space may be located on any floor of the structure and where they do not, in the aggregate, exceed fifty (50) percent of the gross floor area of the building. Continued Councilman Hughes objected to restrictive nature of the provision regarding retail sales in two story buildings. Roger Blaylock, Zoning Administrator, explained intent of the ordinance to allow retail sales in upper floors only as a support to the major office function; otherwise, a commercial zoning designation may be more appropriate if retail sales are the major function of the building. Following lengthy discussion, it was moved by Stredicke, seconded by Reed, Council accept the wording suggested by the Planning Commission as a replacement to proposed Section (3) (F) of the ordinance, with one additional stipulation that retail business in other than ground floor locations be related to office park function. SUBSTITUTE MOTION: MOVED BY ROCKHILL, SECONDED BY HUGHES, COUNCIL ACCEPT THE WORDING OF PART 2 OF THE PLANNING COMMISSION RECOMMENDATION, BUT DELETE THE WORDS "THREE (3) STORIES OR MORE IN HEIGHT" FOR MULTI-STORY BUILDINGS. MOVED BY MATHEWS, SECONDED BY STREDICKE, AMEND SUBSTITUTE MOTION TO ADD: RETAIL SALES LOCATED ON OTHER THAN FIRST FLOOR BE LIMITED TO THOSE BUSINESSES WHICH WOULD SERVE OFFICE PARK FUNCTION. MOTION ON AMENDMENT CARRIED. SUBSTITUTE MOTION AS AMENDED: COUNCIL ACCEPT THE WORDING OF THE PLANNING COMMISSION RECOMMENDATION AS FOLLOWS: IN MULTI-STORY BUILDINGS, RETAIL SALES SPACE MAY BE LOCATED ON ANY FLOOR OF THE STRUCTURE, AND WHERE THEY DO NOT, IN THE AGGREGATE, EXCEED FIFTY (50) PERCENT OF THE GROSS FLOOR AREA OF THE BUILDING. RETAIL SALES LOCATED ON OTHER THAN FIRST FLOOR BE LIMITED TO THOSE BUSINESSES WHICH WOULD SERVE OFFICE PARK FUNCTION. SUBSTITUTE MOTION AS AMENDED CARRIED. MOVED BY STREDICKE, SECONDED BY TRIMM, MATTER BE REFERRED BACK TO WAYS AND MEANS COMMITTEE FOR ONE WEEK TO REDRAFT THE ORDINANCE. CARRIED. Landscaping An ordinance was read amending a portion of Chapter 7, Title IV Ordinance (Building Regulations) by adding a section relating to landscaping and amending Section 4-2204(8) . MOVED BY CLYMER, SECONDED BY STREDICKE, CONCUR IN THE RECOMMENDATION OF THE WAYS AND MEANS COMMITTEE AND REFER THIS MATTER BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Ways and Means Committee Chairman Clymer presented a report recommending the following resolutions for reading and adoption: Resolution #2496 A resolution was read approving nine-lot final plat for McWilliams McWilliams Final (Clark-Rich, inc.) , File No. FP-074-82, for property located on the Plat FP-074-82 east side of Union Avenue N.E. between N.E. 4th Street and N.E. 6th Union 600 Street, extended. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Councilman Stredicke requested his "no" vote be recorded. Resolution #2497 A resolution was read granting approval of the transfer of franchise Clearview TV of Clearview TV Cable to Group W Cable. MOVED BY CLYMER, SECONDED BY Cable Franchise REED, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. Councilman Stredicke Transfer to questioned whether a construction schedule is currently included in Group W Cable Group W Cable franchise. City Attorney Warren confirmed inclusion of the schedule. MOTION CARRIED. NEW BUSINESS Council President Trimm announced an Executive Session following Executive the audience comment portion of the Council agenda to discuss personnel Session matters. 410 oft Renton City Council vt4/G l March 7, 1983 Page Three ORDINANCES AND RESOLUTIONS continued Ordinance #3713 An ordinalnce was read modifying, approving and confirming the assessments LID 322 and assessment roll of Local Improvement District 322, for improvement of Puget Drive S. and Benson Road as provided by Ordinance No. 3487, and levying and assessing a part of the cost and expense thereof, against the several lots, tracts, parcels of land and other property shown on the roll . Councilman Stredicke objected to high interest rate for bonds, but'noted his intent to vote "yes" due to four vote requirement for passage of ordinance. MOVED BY TRIMM, SECONDED BY HUGHES, ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: 4 AYES; TRIMM, HUGHES, ROCKHILL, STREDICKE. CARRIED. Ordinance#371L An ordinance was read providing for appropriation and transfer of funds Fund Transfer in the amount of $490, 100 (Funds 102, 103 and 104), for 1982 street for Traffic improvement projects not completed and not rebudgeted in 1983, new street Improvements improvement projects, or adjustments to existing street improvement projects. MOVED BY HUGHES, SECONDED BY ROCKHILL, ADOPT ORDINANCE AS PRESENTED. Councilman Stredicke objected to certain projects denoted in the ordinance, but indicated his favorable vote to allow ;passage of legislation. ROLL CALL: 4 AYES: TRIMM, HUGHES, ROCKHILL, STREDICKE. CARRIED First Reading Ways and Means Committee Vice-Chairman Stredicke presented air report recommending the following ordinances for first reading: Rainier Avenue An ordinance was read providing for appropriation and transf';er of funds Corridor Bikeway in the amount of $10,000 for construction of Rainier Avenue ;Corridor Bikeway. MOVED BY STREDICKE, SECONDED BY HUGHES, THIS MATTER BE, REFERRED BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Holvick deRegt An ordinance was read changing the zoning classification of property Koering Rezone located on the western 200 feet of the Washington Technical Center plat R-072-82 bounded on the west by the proposed P-1 Channel , on the south by Grady Way, on the east by Powell Avenue S.W. and on the south and least, by S.W. 7th ;Street from General Classification District (G-1 ) t,o Manufacturing Park District (M-P) for Holvick deRegt Koering, applicant, File No. R-072-82. MOVED BY STREDICKE, SECONDED BY HUGHES, THIS MATTER BE REFERRED BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Financing on Ways and Means Committee Vice-Chairman Stredicke presented a report LID 325 recommending withdrawal of the request for issuance of Bond Anticipation Notes on advice of the bonding attorney and request of the Adminlistration. MOVED BY STREDICKE, SECONDED BY HUGHES, NO ACTION BE TAKEN ON THE MATTER OF LID 325 FINANCING. CARRIED. Council Salaries Ways and Means Committee Vice-Chairman Stredicke presented a report stating the current city ordinance does not require revision regarding Council salaries according to the City Attorney. MOVED BY STREDICKE, SECONDED BY HUGHES, NO ACTION BE TAKEN ON THE MATTER OF COUNCIL SALARIES. CARRIED. NEW BUSINESS Councilman Stredicke called attention to federal and state appropriations Public Works for public works projects available in the near future, and ;felt city Projects staff should be prepared to apply for funds for any impending projects which would) meet federal and state qualifications. Other Adult Referencing a recent letter from City Attorney Warren suggesting Entertainment consideration of zoning and other adult entertainment uses following Uses favorable decision in Playtime Theatre case, it was MOVED BY ROCKHILL, SECONDED BY HUGHES, REFER THIS MATTER TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Grant for Mayor Shinpoch reported $180,000 federal grant awarded to city for Airport improvements to Taxiway A and installation of security fencing at Renton Improvements Municipal Airport. Rescind j Mayor Shinpoch advised receipt of a letter from Gardena, California, Legislation reporting that legislation adopted 41 years ago approving relocation to Relocate of Japanese-Americans to internment camps has been rescinded by that Aliens - WWII city; and requesting that all west coast cities follow suit as an act of contrition. Research has indicated that the City of Renton did not adopt legislation to enforce that action. ' I i Renton City Council March 7, 1983 Page Four ADMINISTRATIVE REPORT continued One Valley Mayor Shinpoch explained request from developers of One Valley Place Place Street to rename Davis Street in that project to Professional ' Place. Following Name discussion, it was agreed the matter would be reviewed by the Board of Public Works to allow receipt of input from all departments prior to providing a report back to Council . Newspaper Recent newspaper articles were addressed by Mayor Shinpoch, who explained Articles re responses to articles regarding police protection on premises of cocktail Police lounges indicate one opinion that patrol is too intensive and another Department that it is insufficient. The Volvo recently purchased by Police Department, the subject of a second article, will be utilized by three sergeants in the same manner as other vehicles for purposes of comparison. Gas Tax Addressing a proposal under consideration by the Legislature to raise gas tax, Councilman Stredicke felt the city and the A.W.C. should take a position reflecting no objection to a 7c per gallon tax increase on gasoline if a portion is returned to local agencies to reinfuse into Arterial Board Funds. Kay Johnson, Manager, Renton Chamber of Commerce, indicated intent of Chamber to notify legislators by mail of request to return portion of gas tax to cities if increase is approved. Mayor Shinpoch also agreed to transmit the city's request to the A.W.C. ADJOURNMENT MOVED BY STREDICKE, SECONDED BY TRIMM, COUNCIL ADJOURN. CARRIED. 9: 14 p.m. Maxine E. Motor, City Clerk OF RA, ,SaP i OFFICE OF THE CITY ATTORNEYS RENTON,WASHINGTON V ®® Aiggv ' 'POST OFFICE BOX 626 100 S 2nd STREET 0 RENTON, WASHINGTON 98057 255-867,8 0 ` ' �' LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY AO P� DAVID M. DEAN, ASSISTANT CITY ATTORNEY 9it tO MARK E. BARBER, ASSISTANT CITY ATTORNEY Ep SEPle I March 3 , 1983 ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY I TO: Barbara Y. Shinpoch, Mayor and i MAR A 17283 1 r ;Members of City Council FROM. Lawrence J. Warren, City Attorney G „if !;;'.�rrr�I,cr ":.4+`ET.n-='�`' ;1 i 1 Dear Madam Mayor and Members of the City Council : Following the favorable decision in the Playtime Theatres case; I think it timely to consider zoning and other adult entertainment uses . This might include adult book stores , 1 sauna parlors , ' peep shows , topless clubs , etc . The mechanism is surely in place and the City need only define the other adult uses to have a judicially approved ordinance .' The definitions we seek could easily be copied from the I Redmond Ordinance, although I do not agree with the approach taken by Redmond. Perhaps this subject matter should be referred to the Planning and Development Committee for further review and report back to the City Council . i Lawrence . Warren ' LJW:nd + D ,,,,,,,„ ' -ia Q :,,,,.„. • . • • 1 Ilk P0406 Renton City Council May 23, 1983 Page Five ORDINANCES A D RESOLUTIONS continued Ordinance An ordinance was read changing the zoning classificationlof Ullrich Rezone property located at 670 Union Avenue NE from General Classification R-008-83 (G-1 ) to Residence District (R-2) for Sigfried Ullrich, File ;No. R-008-83. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT1 THE ORDINANCE AS PRESENTED. Councilman Stredicke expressed strong objection to the rezone, which would allow low density multifamily development, since the area is not in transition, and approval would extend multiple family zoning further north on Union Avenue NE in violation of Council intent during discussion of the McWilliams rezone on Union Avenue NE. Discussion was then held indicating boundaries of the subject site do not abut the Northward Development rezone site. ROLL CALL: 5 AYES: TRIM ,, CLYMER, HUGHES, ROCKHILL, MATHEWS. 2 NAYS: STREDICKE, REED. , CARRIED. Referencing discussion just held, City Attorney Kelilogg clarified Council 's prerogative on land use decisions toimodify or reverse the Hearing Examiner whether or not an appeal is filed. Ordinance #3727 An ordinance was read authorizing appropriation of funds' for part- Part-time Animal time animal control officer in the amount of $4,325.00 from Revenue Control Officer Account unto Expenditure Account. MOVED BY CLYMER, SECONDED1BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ways and Means Committee Chairman Clymer presented a report recommending. the following resolution for reading and adoption: Resolution #2508 - A resolution was read declaring adult. filmfare at Renton' Theatre Public Nuis nce a public nuisance and ordering the City Attorney to take all steps necessary to abate the same. MOVED BY CLYMER, SECONDED ,BY ROCKHILL, COUNCIL ADOPT THE RESOLUTION AS PRESENTED AND REQUEST ROLL CALL VOTE: ROLL CALL: ALL AYES. CARRIED. MOVED BY CLYMER, Resolution 2507 SECONDED BY HUGHES, RESOLUTION #2507 REGARDING THE SAME MATTER Rescinded ADOPTED ON MAY 16, 1983 BE RESCINDED. CARRIED. Voucher Approval Ways and Means Committee Chairman Clymer presented a report recommending approval of Vouchers 51025 through 51288 in the, amount of $865,035.54, having received departmental certification that merchandise and/or services have been received or rendered. Vouchers 51015 through 50024-machine voided. Warrants included LID 314: $184,009.09; and LID 325: $54,496.20. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL CONCUR IN APPROVAL OF THE VOUCHERS. CARRIED. NEW BUSINESS MOVED BY MATHEWS, SECONDED BY CLYMER, COUNCIL REFER TO THE National League ADMINISTRATION THE MATTER OF MEMBERSHIP BY THE CITY OF RENTO'N of Cities IN THE NATIONAL LEAGUE OF CITIES TO REPORT BACK PRIOR TO 19814 Membership BUDGET HEARINGS. CARRIED. ADMINISTRATIVE Mayor Shinpoch relayed report from Building Director that REPORT ': expenditure of city funds will not be necessary for removal Hof Wehmeyer Site buildings and debris from Wehmeyer motel site on SunsetBoul;evard as the owner has commenced the required project. Suburban Mayors Mayor Shinpoch indicated the Suburban Mayors 3ylaws Committee, on Name Change which she serves, has suggested a name change for the organization to Suburban Elected Officials for the purpose of encouraging Council participation. Green River Mayor Shinpoch advised that at a Metro meeting held last week, a Pollution , State Department of Ecology representative speaking for the Federal EPA stated dangerously high levels of pollution; in the Green River caused by Metro must be reduced or further connections will be prohibited. Metro Rate Mayor Shinpoch advised she will be voting on the Metro budget Increase early in June, and asked Council members for direction,; if they Proposal so desire, regarding proposed rate increase from $5.85 to $7.75 in 1984 with a decision needed regarding whether rate increase should be imposed :now to create a surplus in the capital improvement fund to enable Metro to take advantage of good economic; times to start projects; or impose a rate increase as funding for projects is needed. Councilman Rockhill opposed creation of a surplus since it may encourage overspending. Renton City Council May 23, 1983 Page Six ADMINISTRATIVE Council members noted elimination of May Creek project from Metro's REPORT list of priorities; suggested reduction of rates inthis city to Metro Rate compensate for location of Metro Treatment Plant in Renton; objected Increase to withdrawal of Metro from PSCOG and not paying their fair share; Proposal and questioned whether funds would be used to help construct the continued proposed tunnel to Puget Sound. Mayor Shinpoch indicated that Metro is considering reducing the basic 950 cubic feet down to 700 cubic feet for the basic rate, and the City of Seattle is very much opposed -to rate increases. Metro Transit Addressing the matter of Metro transit, Mayor Shinpoch announced ridership is down to 63 million riders in 1983 from 63.5 million riders in 1982 possibly due to reduced gas prices; and Metro pass-holders have been rewarded with reduced rates. Executive MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL CONVENE INTO EXECUTIVE Session SESSION TO DISCUSS LABOR NEGOTIATIONS. CARRIED. Time: 10:00 p.m. Administrative Assistant Parness requested discussion of an additional matter prior to beginning the executive session. MOVED BY STREDICKE, SECONDED BY MATHEWS, COUNCIL RECONVENE INTO REGULAR SESSION. CARRIED. ROLL CALL: ALL PRESENT. Labor Administrative Assistant Michael Parness presented Council with Negotiation information regarding a four day workshop for staff and Council Workshops members regarding labor negotiations. John Simons, President of Martin and Simons Associates, is a professional facilitator and has agreed to personally conduct the workshops, which are scheduled tentatively for June 15, 16, 17 and 20th at the Renton Sheraton Inn at a cost of $6,000 including payment to the facilitator, meals and meeting rooms. Council members raised the issue of city policy regarding non-reimbursement for meal expenses within the city limits, and noted workshop schedule conflicts with Association of Washington Cities conference in Bellevue. Mr. Parness indicated the- policy would be researched and the .workshops rescheduled. MOVED BY MATHEWS, SECONDED BY HUGHES, COUNCIL GO INTO EXECUTIVE SESSION. CARRIED. Time: 10: 18 p.m. ADJOURNMENT MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL ADJOURN. CARRIED. 10:55 p.m. - MAXINE E. MOTOR, City Clerk . 1 WAYS AND MEANS COMMITTEE COMMITTEE REPORT MAY 23, 1983 ORDINANCES AND RESOLUTIONS The Ways and Means Committee recommends the following ordinances for second and final reading: Ullrich Rezone - R-008-83 Part-Time Animal Control Officer Fund Appropriation The Ways and Means Committee recommends the following resolution for reading and adoition: Declaring Public Nuisance (Renton Theatre) LID #322 BONDS The Way and Means Committee recommends concurrence in the Finance Department's request to accept the offer from Seattle-Northwest Securities Corporation to purchase Local Improvement District #322 Bonds at a rate of 10.25%. The Committee further recommends referral back to the Ways and Means Committee for preparation of the appropriate legislation. GENERAL OBLIGATION BOND REFUNDING (Referred 5-2-83) The Ways and Means Committee recommends concurrence in the Finance Department's recommendation that approval be granted to prepare the official statement and appropriate ordinances to complete the refinancing of outstanding General Obligatlion Bonds by Seattle-Northwest Securities. Two refinancing programs would be involved: (1) $2.3 million General Obligation Issue sold to finance construction of the City Shops, and (2) Both of the Gene Coulon Beach Park bond issues, one sold in 1980 and one sold in 1982. The combination of these two refinancings will save the City of Renton over $750,000 in debt service paments over the next twenty years. APPROVAL OF VOUCHERS The Ways and Means Committee recommends approval of vouchers no. 51025ithrough no. 51288 in the amount of $865,035.54. (sluS)_ Earl Clymer, Chai n Richard Stredicke Robe t Hughes 6-/) CITY OF RENTON, WASHINGTON e RESOLUTION NO. 0. 7-,3 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON I DECLARING A PUBLIC NUISANCE AND ORDERING THE CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO ABATE THE SAME WHEREAS. the City Council of the City of Renton has previously passed Ordinances controlling adult movie picture theaters , and WHEREAS the reasons for the passage of those Ordinances still continue, and WHEREAS upon the instructions of the City Attorney of the City of Renton a continuous surveillance of the films being exhibited at the Renton Theater has been maintained, which surveillance shows that , during the five month period from January 20 , 1983 through thi's date, approximately 14 programs have been exhibited at said theater with each program containing two motion picture films . The titles of the films exhibited and the approximate playing date of each is as follows : Date Program 1/20/83 - 2/10/83 Deep Throat Devil in Miss Jones 2/11/83 - 2/17/83 Blue Jeans Naughty Network 2/18/83 - 3/3/83 American Desire All American Girls 3/4/83 - 3/10/83 Foxholes Randy , the Electric Lady 3/11/83 - 3/17/83 Scoundrels Foxtrot 3/18/83 - 3/24/83 Irresistible Schererazade , One Thousand and ' One Erotic Nights 3/25/83 - 3/31/83 Satisfactions Pandora' s Mirror 4/1/83 - 4/7/83 Debbie Does Dallas Debbie Does Dallas II -1- • 1 '1 d 4/8/83. - 4/14/83 . Little Girls Lost Ring of Desire 4/15/83 - 4/21/83 The Dancers Between the Sheets 4/22/83 .- 4/28/83 Daddy ' s Little Girls The Little French Maid 4/29/83 - 5/5/83 Every Which Way She can Nightlife 5/6/83 - 5/12/83 Stormy Expose me Now 5/13/83 - present Young Doctors in Lust • Intimate Explosions and I 1 WHEREAS the City Council of the City of Renton has examined portions of the aforementioned films and has received testimony that all of th above-mentioned films are of the same nature as those portions iewed and ., that each and every one of the above-mentioned films is bscene under the law of the State of Washington, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I : The twenty-eight films more particularly 1 described above which have been exhibited at the Renton Theater are a public nuisance under the City' s Ordinances controlling adult motion picture theaters and require court action to enjoin further violation I of the City' s Ordinances . SECTION II : The City of Renton has expended substantial funds to defend. its ;ordinances regulating adult motion picture th aters and will expend further monies in seeking injunction and abatement I of this public nuisance. The City Attorney' s office is directed t10 seek recovery of the attorneys ' fees and costs whether they be attorneys ' fees , costs of preparation of evidence or whatever other costs and fees relating to this particular use and to use whatever means are available 1 -2- i 1 for such recovery, including the. State laws of abatement of moral. nuisances , obscenity laws or other available, means . SECTION III : The City Attorney of the City of Renton is directed to file on behalf of the City of Renton in the King County Superior Superior Court Caue .Number 82-2-0234402 , entitled CITY OF RENTON, a municipal corporation; LAWRENCE J. WARREN, City Attorney of the City of Renton; STATE OF WASHINGTON, ex rel . LAWRENCE J. WARREN, City Attorney of the City of Renton, vs . PLAYTIME THEATRES , INC . , a Washington corporation, KUKIO ,BAY PROPERTIES , INC . ,. a Washington corporation;, ROGER H. FORBES and JANE .DOE FORBES, husband and wife, ROBERT B . McRAE nd . ELIA C. McRAE and -DOES. 1 THROUGH 10, a First Amended and Supplemental Complaint for Declaratory Judgments ; Injunctions ; Abatament of Motal Nuisances (RCW. CHAPTER 7 . 24, 7 . 40 , 7 . 48 AND 7.48A) , and to join the City of Renton as a Plaintiff to enforce the statutes of the State of Washington relating to abatement of obscene subject matter and moal nuisances , and the provisions of the City Zoning Code. PASED BY THE ICITY COUNCIL this day of May, 1983 . Maxine E. Motor, City Clerk APP OVED BY THE MAYOR this day of May, 1983 . Barbara Y. Shinpoch, Mayor Approved as to form: Lawrence J. Warren, City Attorney ' I -3- A, 0,1 P•rl t /,ale; i I Renton City ouncil , I May 16, 1983 Page Six 1 ORDINANCES AND RESOLUTIONS continued Ullrich Rezone Development Director Clemens indicated that may be the case if continued the subject site were located in the center of single family residential development or a zoning category of business or industrial had been requested; however, given its location, t 'e low density multi-family designation seemed appropriate. He agreed that designation should not extend further north than i:he subject site. Stredicke recalled during discussion of McWilliams rezone ljt was reported that multiple zoning would not proceed further north on Union Avenue N.E. than the McWilliams proper 'y; the subject site being at least 900 feet further north and entirely surrounded by single family zoning of G-1 and R-1 and single family] residential uses. Councilman Hughes referenced Comprehensive Plan Finding No. 8 which designates the subject site as suitable for low density multifamily dwellings. ROLL CALL: 5 AYES: TRIMM, CLYMER, HUGHES, ROCKHILL, MATHEWS. 2 NAYS: STREDICKE REED. CARRIED. Part-time An ordinance was read authorizing appropriation of funds for art- Animal Control time animal control officer in the amount of $4,325.00 from Officer Revenue Account unto Expenditure Account. MOVED BY CLYMER, SECONDED BY HUGHES, THIS MATTER BE REFERRED BACK TO COMMITTEE FOR ONE WEEK. CARRIED. NEW BUSINESS Councilman Trimm announced an executive session would be held, immediately following audience comment to discuss Playtime co' rt case. I Executive MOVEDBY TRIMM, SECONDED BY MATHEWS, COUNCIL CONVENE INTO EXE UTIVE Session SESSION, CARRIED. Time: 10: 15 p.m. Council reconvened at 11 :37 p.m. All members were presert at roll cal1 . 1 'Resolution #2507 Are Ilution was read declaring Renton Theatre a public nuisace and Abatement of orderi , g City Attorney to take all steps necessary to abate s-me. MOVED, Public Nuisance BY C. MER, SECONDED BY REED, THE RESOLUTION BE ADOPTED AS REA AND . - CITY ATTORNEY BE ORDERED TO TAKE ALL STEPS NECESSARY TO ABATE SAME. I It was MOVED BY STREDICKE, SECONDED BY MATH'EWS, THAT HE ; RESOLUTION BE AMENDED TO REFLECT THAT PORTIONS OF 12 RATHER HAN ' 16 FILMS WERE VIEWED BY COUNCIL. Following discussion, it was 1MOVEDIBY ROCKHILL, SECONDED BY HUGHES, THE AMENDED MOTION BE AMENDED TO ELIIMINATE REFERENCE TO THE NUMBER OF FILMS VIEWED BY COUNIIIIL. ' CARRIIED. ROLL CALL ON•ORIGINAL MOTION: ALL AYES. CARRIED. ADJOURNMENT MOVEDIBY STREDICKE, SECONDED BY CLYMER, COUNCIL ADJOURN. CARRIED._ 11 :47 p.m. Y MAX NE E. MOTOR, City C erk . I I _ I 1 i I i I i Renton City Council May 16, 1983 Page Five CORRESPONDENCE Letter was read from Joanne Primavera, Administrator of Special Construction Projects at Renton Vocational Technical Institute requesting the Trades Building city sponsor a Construction Trades Building for the Economic Jobs RVTI Project. The proposed 35,500 square foot building would provide classroom and office space on one end of a covered area used for • building projects, and the shool district would provide the land as a match. MOVED BY CLYMER, SECONDED BY REED, THIS MATTER BE REFERRED TO COMMUNITY SERVICES COMMITTEE. CARRIED. Renton Area Letter was read from James Bauman, President, Renton Area Multi - Multi-Service Service Center, providing a progress report on the center, and Center expressing appreciation to the Council for its support. (RAMSC) Achievents are: 1 ) purchase of the building by RAMSC; 2) placement of building on Washington State Register of Historic Places; 3) 79% of funding has been secured; 4) many grants are pending for , the interior work, and fund-raisers and solicitations of donations are planned; and a selection process for an architect is occurring with occupancy anticipated for January 1 , 1984. • OLD BUSINESS Councilman, Stredicke requested an update regarding the CHG Sunpointe CHG Sunpoint development, having noted recent action in Board of Public Works Project minutes. City Attorney Warren indicated refusal by the developer to install required traffic signal , and options of the city to call the $1 .8 million bond to 'fund the needed improvement. Stredicke O.W. Properties inquired regarding the O.W. Properties project on Grady Way. City Project Attorney Warren discussed delays by the developer in posting a cash bond and a proposed LID in the area of that site. He advised the city's policy to require a bond or installation of required improvements. David Clemens, member of the Board of Public Works, indicated the board will request immediate enforcement action. Recess MOVED BY STREDICKE, SECONDED BY REED, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:40 p.m. Council reconvened at 9:47 p.m. All members were present at roll call . Community Community Services Committee Chairman Reed presented a report Services recommending the order of priority for applications to submit to Committee King County Community Development Block Grant Consortium for funds Supplemental in the amount of $699,298 available to cities on a competition basis. Block Grant Ed Hayduk, Housing Coordinator, "briefly" reviewed the priorities Program as follows: 1 ) completion of pedestrian corridor and old shop site Priorities redevelopment ($80,017) ; Renton Area Multi-Service Center - Site Improvements and improvements to adjacent parking lot ($24,908) (renovation of historic Snoqualmie Falls Substation)--photographs and a site plan were circulated to Council members; and Job Placement Program ($13,800) , administered by RAYS and consisting of two components, Jobline and Skills Building Workshop Program. The report also recommended the city go on record supporting an application directly to King County by the Renton Housing Authority for $6,846 of additional funds needed for its Emergency Housing Project to supplement existing housing funds for purchase of a, four-plex in the Renton Highlands to be run by the YWCA. Mayor Shinpoch indicated an average stay in emergency housing is about three weeks and staff is also actively involved in finding permanent housing for those needing assistance. She commended Mr. Hayduk for his thorough, imaginative project submissions which meet all funding criteria. MOVED BY REED, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE RECOMMENDATION OF THE COMMUNITY SERVICES COMMITTEE. CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Clymer presented a report Committee recommending. the following ordinances for first reading: Ullrich Rezone An ordinance was read changing the zoning classification of R-008-83 property located at 670 Union Avenue N.E. from General Classification (G-1 ) to Residence District (R-2) for Sigfried Ullrich, File No. R-008-83. MOVED BY CLYMER, SECONDED BY HUGHES, THIS MATTER BE REFERRED BACK TO COMMITTEE. FOR ONE WEEK. Councilman Stredicke spoke against referral back to committee for one week, and asked if approval of the rezone would constitute spot zoning in view of Comprehensive Plan designations and surrounding uses. Policy • • CITY OF RENTON, WASHINGTON • • RESOLUTION NO. . A RESOLUTION OF THE CITY OF RENTON, WASHINGTON DECLARING A PUBLIC NUISANCE AND ORDERING THE CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO j ABATE THE SAME. • - WHEREAS , the City Council of the City of Renton, Washington • finds that the crass commercial exploitation of explicit sexual conduct through the public exhibition of lewd .motion picture films constitutes a debasement and distortion of a sensitive key relation- • ship of human existence, central to family life, community welfare and the :development of human personality; that such exploitation is indecent and offensive to •the senses and to public morals and interferes with the interest of the public in the quality of ,life and total community environment, the ,tone of commerce in the 'city, • property values , and the public safety; and that the continuation of i such activities is detrimental to the best health, safety, convenience, good morals , and general welfare of the City of Renton, and of the residents , citizens , inhabitants, and the business thereof and is unlawful, and . WHEREAS, the statutes of the. State of Washington declare that any and every place in the State of Washington where (1) lewd films are publicly exhibited as a regular course of business , or possessed II for the 'ipurpose of such exhibition; or (2) a lewd film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition, and any land every lewd film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance as above- described, are public nuisances , and I -1- f , WHEREAS , upon the instructions of the City Attorney of the City of Renton a continuous surveillance of the films being exhibited at the Renton Theajtre has been maintained, which surveillance shows that, dJring the five month period from January 20, 1983 through ' this date, approximately 14 programs have been exhibited at said theater with each program containing two motion picture films''. The titles of the films exhibited and the approximate playing date of. each is as follows;: Date Program 1/20/83 - 2/10/83 Deep Throat Devil in Miss Jones 2/11/83 - 2/17/83 - Blue Jeans Naughty Network 2/18/83 - 3/3/83 American Desire All American Girls 3/4/83 - 3/10:/83 Foxholes Randy, the Electric Lady 3/11/83 - 3/17/83 Scoundrels Foxtrot 3/18/83 - 3/24/83 Irresistible Schererazade, One Thousand and One Erotic Nights 3/25/83 - 3/31/83 Satisfactions Pandora' s Mirror 4/1/83 - 4/7/83 Debbie Does Dallas Debbie Does Dallas II 4/8/83 - 4/14/83 Little Girls Lost I, Ring of Desire 4/15/83 - 4/21/83 The Dancers Between the Sheets 4/22/83 - 4/28/83 Daddy' s Little Girls The Little French Maid • -2- 1 • 11 Date Program 4/20/83 5/5/83 Every Which Way She Can Nightlife • 5/6/83 - 5/12/83 . Stormy - Expose Me Now • 5/13/83 - present Young Doctors in Lust Intimate Explosions and • i WHEREAS , the city Council of .the City of Renton has examined portions of R'IAii, . P the aforementioned films and has received testimony that all of the above-mentioned films are of the same nature as those portions viewed and that each and every one of the above-mentioned films is obscene tunder the law of the State of Washington, . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE ' AS FOLLOWS : • Section 1 : The. twenty-eight films more particularly described above which have been exhibited at the Renton Theatre are a public • nuisance which requires abatement under state law. [ Section 2 : The place of business known as the Renton Theater , being t4 place of public exhibition of the twenty-eight films more particularly described above, is a public nuisance which requires' abatement under state law. Section 3 : The use of the premises located at 507 South 'Thid Street and commonly known as the Renton Theater for the purpose of public exhibition of the twenty-eight films more particularly described I ' above constitutes an '"adult motion picture theater" as defined under the ordinances of the City of Renton; and constitutes a public nuisance per se. -3- I I I.. Section 4: Tile City Attorney of the City of Renton is directed to file on behalf ;of the City of Renton in the King County Superior i Court cause numberi82-2-02344-2, entitled CITY OF RENTON, a municipal corporation, Plaintiff, vs .. PLAYTIME THEATRES , INC. , a . Washington corporation, and KUKIO BAY PROPERTIES, INC. , a Washington corporation, Defendants, a First Amended and Supplemental Complaint for Dec aratory Judgments; , Injunctions; Abatement of Moral Nuisances (R. C.W. Chapter 7.24, 7.40, 7. 48 and 7 . 48A) , and to join the City of Renton s a _Plaint'�iff to enforce the statutes of. the State of Wa h-'. ington relating to abatement of obscene subject matter and moral ' .nuisancs, and the: provisions of the City Zoning Code. PA SED BY THE; CITY COUNCIL on May —' 1983. Ii ' Maxine I. Motor, City Clerk AP ROVED BY THE MAYOR on May — ., 1983. Barbara Y. Shinpoch, Mayor Approved as. to form: i I I Lawrence J. Warren, ; City Attorney I • • -4- _ L e 1' v ot_okrri0A( Or cng INJAnJC-6- OaSCErJ !TY 4t.'r 4. O I I ' Renton Ci y Council May 2, 19:3 Page Six NEW BUSIN SS Birthday congratulations were extended to Councilman Reed. ADMINISTRATIVE Mayor Shinpoch announced Batallion Chief Bruce. Phillips, a REPORT , finalist in the selection process for Fire Chief, has 'with•rawn. Fire Chie Announcement of the position replacement is expected by Ma,i 6th. Selection Mayor Shinpoch advised a decision has not yet been made on the North End Bus location of Metro's north end bus base. Due to citizen Base for etro objections, the base has been reduced in size from 400 to 225 stalls; the school district is opposed to the proposed Aurrora site; a site in Lynnwood is under consideration; and the fact that ridership is down does not lessen the need for a base in the north end. Employmen Mayor 'Shinpoch announced one million dollars in federal funds Training or have been apportioned to the Employment Training Consortium Refugees throug'h King County for employment of refugees; funds are Trot to ble used to teach English as a second language. HUD Funds HUD funds from a Federal Emergency Jobs Bill grant have been . received in the amount of $1 ,800,000 for King County and $7001,000 to be divided among consortium cities. The Community Serv1ices Committee will be meeting with the citizens committee to discuss the matter. . Theatre Mayor Shinpoch reported licensing on 3/2/83 of the Roxy Licensing TheaItre to Galaxy Theatres and the Renton Theatre to Playtime, Inc. • Suburban ayors Suburban Mayors Meeting will be held atAndy's Diner at 6:30 p.m. Meeting on, hay, 4, 1983. Museum Op-n Renton Historical Society has scheduled an open house at the House Mill Street museum on Tuesday, May 3rd, for all third graders in Renton. Playtime, Inc. City Attorney Warren advised receipt of an order from Judge Court Cas- McGovern denying Playtime, Inc. 's request to alter or amend the prior judgment in the court case,- and denying the ,requrlest for a ,stay pending appeal . The next step in the process for Playtime, Inc. would be appeal to the Ninth Circuit Court. AUDIENCE OMMENT John Hargrove, 105 Wells Avenue N. , addressed the Council Wells Ave ue regarding the Wells Street Bridge. He advised that none of Bridge over 100 neighbors he personally contacted favor any change to the' bridge due to concerns regarding potential increasers in traffic volumes and speeds in •the North Renton area. The current configuration of Wells Avenue N. is two-lane, one- way street, and cars presently race each other down Wells to reach the stop sign on N. 3rd Street. He suggested accolmmodating residential concerns by creating a one-lane, one-way street and maintaining the speed limit at 25 mph, or creating a median to minimize speeds and volumes. He also noted that because of limited front yard setbacks, widening the street is undesirable. Continued Council discussion was held regarding the need for a public hearing on the matter of the Wells Street Bridge, and it was reported that notice has been published giving citizens until May 30th, to request a public hearing on the matter. MOVED BY STREDICKE, SECONDED BY REED, A PUBLIC HEARING BE SET FOR 1 MAY 23, 1983 TO DISCUSS WELLS AVENUE BRIDGE AND ENVIRONMENTAL IMPACT STATEMENT. CARRIED. , A summary hand-out of the proposal was requested to be available for Council members and the public. ADJOURNME T MOVED BY STREDICKE, SECONLED BY ROCKHILL, COUNCIL ADJOURN. Time: 10: 14 p.m. CAR• IED. . 1 .-i--)a t-i f e-7 r-e--.• e II MAXINE E. MOTOR, City Clerk I Renton City Council May 2, 19:3 Page Six NEW BUSINESS Birthday congratulations were extended to Councilman Reed. ADMINISTRATIVE Mayor Shinpoch announced Batallion Chief Bruce Phillips, ai REPORT , finalist in the selection process for Fire Chief, has withdrawn. Fire Chie Announcement of the position replacement is expected by Maly 6th. Selection Mayor Shinpoch advised a decision has not yet been made onl the North End Bus location of Metro's north end bus base. Due to citizen Base for etro objections, the base has been reduced in size from 400 to 225 stalls; the school district is opposed to the proposed Aurora site; a site in Lynnwood is under consideration; and the fact that ridership is down does not lessen the need for a base; in the north end. Employment Mayor Shinpoch announced one million dollars in federal funds Training or have been apportioned to the Employment Training Consortium Refugees through King County for employment of refugees; funds are 'not • to. bbe used to teach English as a second language. HUD Funds HUD funds from a Federal Emergency Jobs Bill grant have been received in the amount of $1 ,800,000 for King County and $700,000 to be divided among consortium cities. The Community Services Committee will be meeting with the citizens committee to discuss the matter. Theatre Mayor Shinpoch reported licensing on 3/2/83 of the Roxy Licensing Theatre to Galaxy Theatres and the Renton Theatre to Playtime, Inc. Suburban ayors Suburban Mayors Meeting will be held at Andy's Diner at 6:30 p.m. Meeting on May 4, 1983. Museum Op-n Renton Historical Society has scheduled an open house at the House Mill Street museum on Tuesday, May 3rd, for all third graders in Renton. Playtime, Inc. City Attorney Warren advised receipt of an order from Judge Court Cas- McGovern denying Playtime, Inc. 's request to alter or amend the prior judgment in the court case, and denying the request for 6 stay pending appeal . The next step in the process for Playtime, Inc. would be appeal to the Ninth Circuit Court. AUDIENCE OMMENT John Hargrove, 105 Wells Avenue N. , addressed the Council Wells Ave ue regarding the Wells Street Bridge. He advised that none of Bridge over 100 neighbors he personally contacted favor any change to the bridge due to concerns regarding potential increases in traffic volumes and speeds in •the North Renton area. The �I current configuration of Wells Avenue N. is two-lane, one way (street, and, cars presently race each other down Wells to reach the stop sign on N. 3rd Street. He suggested accommodating residential concerns by creating a one-lane, one-way street and maintaining the speed limit at 25 mph, or creating a median to minimize speeds and volumes. He also noted that because of limited front yard setbacks, widening the street is undesirable. Continued Council discussion was held regarding the need for a public hearing on the matter of the Wells Street Bridge, and it was reported that notice has been published giving citizens until May 30th to request a public hearing on the-matter. MOVED BY STREDICKE, SECONDED BY REED, A PUBLIC HEARING BE SET FOR MAY 23, 1983 TO DISCUSS WELLS AVENUE BRIDGE AND ENVIRONMENTAL IMPACT STATEMENT. CARRIED. A summary hand-out of the proposal was requested to be available for Council members and the Public. ADJOURNME T MOVED BY STREDICKE, SECONDED BY ROCKHILL, COUNCIL ADJOURN. Time: 10:14 p.m. CARRIED. -1 " e >2 2 41' MAXINE E. MOTOR, City Clerk .ceø 411) cou ceu i( RENTON CITY COUNCIL Regular Meeting March 21 , 1983 Municipal Building Monday, 8:00 p.m. Council Chambers MINUTES CALL TO ORDER Mayor Barbara Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF THOMAS W., TRIMM, Council President; EARL CLYMER, ROBERT J. HUGHES, COUNCIL MEMBERS RANDALL R0 KHILL, RICHARD M. STREDICKE, JOHN REED, NANCY L. MATHEWS. CITY STAFF IN BARBARA Y. SHINPOCH, Mayor; LAWRENCE J. WARREN, City Attorney; MAiXINE ATTENDANCE MOTOR, Cilit Clerk; MICHAEL PARNESS, Administrative Assistant; BATTALION CHIEF JAMBE MATTHEW, Fire Department; CAPTAIN DON PERSSON, Police Department; ROGER BLAYLOCK, Zoning Administrator. MINUTE APPROVAL MOVED BY TRIMM, SECONDED BY MATHEWS, COUNCIL APPROVE THE MINUTES OF MARCH 14,, 1983 AS PRESENTED. CARRIED. CONSENT AGENDA The following items were adopted by one motion which follows the items included: Lewis Claim Claim for' damages in the amount of $161 .08 filed by Verl J. Lewis, for Damages 1616 Beac;o Way S.E. , Renton, for plumbing and water stain damage' due CL-07-83 to alleged improper waterline repair by the city. Refer to City Attorney and Insurance Carrier. l Bid Opening - City Clerk reported bid opening for LID 324, East Valley Medical Park LID 324, Short Plait, on March 16, 1983, seven bids received. Project inc udes East Valley improvements to Talbot Road S. , S. 38th Ct. , and S. 37th Street, Ill Medical Park including; but not limited to curbs, gutters, sidewalks, storm drainage, Short Plat water lines and illumination. Refer to Transportation Committee., MOVED BY ;TRIMM, SECONDED BY HUGHES, COUNCIL ADOPT THE CONSENT AG NDA AS PRESENTED. CARRIED. CORRESPONDENCE letter from Wallace R. Wilson, Ph.D. , Pastor of Highlands Community Commendation Church, was read commending Mayor Shinpoch and members of the Renton for Anti-Porno City Coun:crll for the clearly defined position they have taken cn the Position issue of pornography on behalf of the citizens of the city. Replacement Letter from Mayor Shinpoch was presented recommending concurrence of Fire in Fire Chief Richard Geissler's request to hire four replacemens Department for retiring members of the department two and one-half months Personnel earlier than the 1983 budget allows. These replacements would be hired on April 16, 1983 to assure their participation in the Fire Training Academy beginning April 18, the sole session scheduled during th;e year. Also identified were funding sources in Fire Department Department budget including disability and training overtime funds which. could be transferred to provide for the early hiring of replacement personnel . MOVED BY TRIMM, SECONDED BY CLYMER, COUNCIL CONCUR IN THE RECOMMENDATION OF THE MAYOR. Although he did not object to, the motion, Councilman Rockhill felt when funds become available, installation of the emergency power plant for Station 11 and purchase of breathing apparatus be reprioritized to the top of the list., Mayor Shinpoch indicated that should funds become available, Council would be given the opportunity to review priorities for expenditures. Following lengthy discussion concerning alternatives to early replacement, i .e. enrollment of hirees in schools outside the state, MOTION CARRIED. Request to Letter from Richard C. Houghton, Chairman of the Board of Public Change Street Works, was read recommending denial of request of owners of One Name Denied Valley Place development to change the name of Davis Avenue to 11 "Professional Place." The ordinance does not allow for exceptions, and, further, a precedent may be set by approval of the request qi which could interfere with efficiency of Police and Fire Departments in responding to emergency calls. MOVED BY CLYMER, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE RECOMMENDATION OF THE BOARD OF PUBLIC WORKS TO DENY THE REQUEST. CARRIED. F I Renton City Council March 21 , 1983 Page Two OLD BUSINESS Planning and Planning and Development Committee Chairman Rockhill presented a Development report recommending amendment of the Parking and Loading Ordinance Committee to allow parking facilities serving development to be located on Parking and permanently leased property. Permanency of the lease should be Loading Ordinance determined by review of several factors, including but not limited Amendment - to expected lifespan of the building and provision of security by the Leased Parking applicant to assure the use of the land as a parking lot for that lifespan. Leased parking should be located adjacent to the land use it serves, and may be allowed across any street or alley classified as less than an arterial . The report further recommended referral to the Ways and Means Committee. MOVED BY ROCKHILL, SECONDED BY REED, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE AND REFER THE MATTER TO THE WAYS AND MEANS COMMITTEE. CARRIED. Sign Code Planning and Development Committee Chairman Rockhill presented a Amendments report recommending enactment of proposed revisions to the Sign Code as submitted by the Building and Zoning Department with referral to the Ways and Means Committee for appropriate legislation. MOVED BY ROCKHILL, SECONDED BY REED, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE AND REFER THE MATTER TO THE WAYS ANDIMEANS COMMITTEE. CARRIED. Greenbelts Planning and Development Committee Chairman Rockhill presented a on Utility report recommending referral of the matter of greenbelts located Easements on utility easements to the Planning Commission for study and report back to the City Council . Chairman Rockhill explained that because the Comprehensive Plan requires assignment of greenbelt designation to utility easements outside downtown and industrial areas, a clear definition of the scope of the downtown area by the Planning Commission is required. MOVED BY ROCKHILL, SECONDED BY REED, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE AND REFER THIS MATTER TO THE PLANNING COMMISSION FOR STUDY AND REPORT BACK. CARRIED. Community Community Services Committee Chairman Reed presented a report advising Services discussion by the committee of three major concerns regarding the Committee Clearview TV Cable franchise transfer to Group W Cable: 1 ) basic rates; Clearview TV 2) construction schedules; and 3) insurance bonds. It was agreed that Cable Franchise Clearview customers will continue to pay existing rates; the Clearview Transfer to system will be upgraded within 24 months, at which time Group W may Group W Cable request a rate change; and insurance bonds will be combined and increased an appropriate percentage on the recommendation of the city's consultant. The committee finds that the franchise transfer would best serve the public interest, and therefore recommends the transfer be allowed with the above referenced provisions incorporated in the resolution. MOVED BY REED, SECONDED BY CLYMER, COUNCIL CONCUR IN THE RECOMMENDATION OF THE COMMUNITY SERVICES COMMITTEE AND REFER THIS MATTER TO THE WAYS AND MEANS COMMITTEE. Responding to Councilman Stredicke's request for clarification, City Attorney Warren advised that the area presently served by Clearview will be upgraded sometime in the next 24 months, and following upgrading, Group W can request a rate increase for that area under conditions of assignment of the franchise. MOTION CARRIED. (See later action. ) ORDINANCES AND RESOLUTIONS' Ways and Means Ways and Means Committee Chairman Clymer presented a report Committee recommending the following ordinance for second and final readings: Ordinance #3717 An ordinance was read appropriating funds for construction of a Union Avenue NE storm drain line in Union Avenue N.E. from N.E. 17th Street to Storm Drain Honey Creek; project approved in 1983 Community Facilities priority Line list butInot accomplished due to insufficient funding. MOVED BY CLYMER, SECONDED BY HUGHES, ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ways and Means Committee Chairman Clymer presented a report recommending the following ordinances for first reading: HIGHLAR ,,:DS COMMUNITY CHURCH . 4 I i I '• .11Jis a -t wit# The Family Bible Church • Wallace R. Wilson ,r_ Senior Pastor March 16, 74— Carl Pfeil .- , > • Adult Ministry r Don Parrott MAR � p Music and • Administration Don Deicing The Honorable Barbara Shimpoch, Mayor .Discipleship and City of Renton Evangelism Municipal Building - 200 Mi1i-Avenue So. — — Chris Renaeirnan Youth Ministry Renton, WA 98055 Bob Stevens Dear Mayor Shimpoch: Facilities and Visitation I take this opportunity to express my personal gratitude and that of the leadership of Highlands Community Church to you and members of the City Council of the City of Renton for the position that you 'have taken relating to zoning and the pornography issue. You are to be commended for the clearly defined position you have taken in behalf of the citizens of the_ city and also in the manner in which that position:has been competently defended in the courts. Thank you for your perseverence in establishing and then defending the direction in which you desire to see this city develop. Sincerely yours , Wa lace R. Wilson, h.D. Pastor WRW/sly . 3031 N.E. TENTH/ RENTON, WASHINGTON 98055/255-4751 ' I RENTON CITY COUNCIL Regular Meeting March 14, 198 Municipal Building Monday, 8:00 •.m. Council Chambers MINUTES CALL TO ORDER Mayor Barbara Shinpoch led the Pledge of Allegiance to the flag ;and called the meeting of the Renton City Council to order. ROLL CALL OF THOMAS W. ITRIMM, Council President; EARL CLYMER, ROBERT J. HUGHES, COUNCIL MEMBE'S RANDALL !ROCKHILL, RICHARD M. STREDICKE, JOHN REED, NANCYI'L. MATIEWS. CITY STAFF IN BARBARANY. SHINPOCH, Mayor; LAWRENCE J. WARREN, City Attorney; MAXINE ATTENDANCE MOTOR, City Clerk; MICHAEL PARNESS, Administrative Assistant; FIRE CHIEF RICHARD ;GEISSLER, BATTALION CHIEF JAMES MATTHEW, Fire Department; ROGER BLAYLOCK, Zoning Administrator; JOHN WEBLEY, Parks Director. I MINUTE APPROV L MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL APPROVE THE MINUTES ;OF MARCH 7,; 1983 AS PRESENTED. CARRIED. SPECIAL Battalio;n ;Chief James Matthew introduced the newest member of the PRESENTATION Fire Department, a mechanical fire hydrant operated by remote control , Renton Fire donated 'by Renton Rotary Club for purposes of fire safety instruction Department in schools, churches and other public and private institutions. , Demonstrates Rotary Club officers and members George Lewis, Bryant Parker, Don Fire Preventi n - Morrison' and Bob McBeth were introduced, and sincere gratitude was Bureau Robot expressed on behalf of the Fire Department and city for the club's generosity. The robot, yet unnamed,- entertained the audience and official's with the assistance of Camille Radcliffe, Fire Code Inspector, and Ken Walls., Fire Inspector/Investigator, operator of the controls. The robot concluded the presentation by requesting suggestilons for an appropriate name be sent to the department. ! CONSENT AGENDA The fo�lliowing items were adopted by one motion which follows the items ,included: McWilliams Land Use Hearing Examiner recommended approval of McWilliams nine- Final Plat lot final !plat, File No. FP-074-82, for property located on the ! FP-074-82 east side of Union Avenue N.E. between N.E. 4th Street and N.E. 6th Street (extended) . 'Refer to Ways and Means Committee for. resol ut i;on. McGrory Claim ' Claim for damages in the amount of $62.60 filed by Terence R. McGrory, for Damages 16206-190th S.E. , Renton, for alleged improper automobile impoundment CL-06-83 by Renton ;City Police on 2/25/83. Refer to City Attorney and Insurance!Carrier. MOVED By TRIMM, SECONDED BY CLYMER, COUNCIL ADOPT THE CONSENT AGENDA AS PRESENTED. CARRIED.' CORRESPONDENC' Letters land petitions containing 93 signatures (26 Renton citizens) Anti-Porno were presented supporting the city's action to prohibit showing ' Support adult fi;lmfare in downtown movie theatres. ; OLD BUSINESS Community Services Committee Chairman Reed presented a report I Community concurring in the recommendation of the Parks Department to resolve Services street tree problems in the downtown Central Business District. , Committee The recommendation includes removing eight trees in planters on : CBD Street 3rd Avenue; pruning four trees in sidewalks on 2nd Avenue which ; Tree Project are blocking traffic lights; and removing London Plane trees from Rainier to Burnett on 3rd Avenue, which are breaking sidewalks, cracking buildings, clogging sewers and growing into, lights and ' signs, and replacing them with a different variety. The report further recommended the Parks Department continue to work closely with the Downtown Merchants Association and the Community Services Committee,on the matter. MOVED BY REED, SECONDED BY MATHEWS, COUNCIL ;CONCUR IN THE RECOMMENDATION OF THE COMMUNITY SERVICES COMMITTEE: John Webley, Parks Director, clarified that trees will be removed or relocated because either they are impeding traffic safety or :were inappropriately located for the type of growth anticipated. MOTION CARRIED. • • Renton City Council March 14, 1983 Page Two OLD BUSINESS continued Community Community Services Committee Chairman Reed presented a report Services concurring in the recommendation of the Parks Department to replace Committee the quartz lighting system at Gianini Stadium with 1500 watt metal Replacement halide lamps. This energy conservation measure will save of Lighting approximately 63% of the required energy usage per year and will System at be partially funded by a grant from Puget Power which pays for Gianini 71 .8% of such conversions. The city's share will be paid for out Stadium of the Park Department 1983 budget, and payback on the converstion is estimated at less than three years. MOVED BY REED, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE RECOMMENDATION OF THE COMMUNITY SERVICES COMMITTEE. Councilman Trimm inquired if the project will go out for bids. Parks Director Webley advised receipt by Puget Power of one bid from Holmes Electric in the amount of $31 ,673.30 with the option available to request additional bids following review of those specifications. MOTION CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Clymer presented a report Committee recommending the following ordinances for second and final readings: Ordinance #3715 An ordinance was read providing for appropriation and transfer of HCD Rainier Avenue funds in the amount of $10,000 for construction of Rainier Avenue Corridor Bikeway Corridor Bikeway. MOVED BY CLYMER, SECONDED BY ROCKHILL, ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #3716 An ordinance was read changing the zoning classification of property Holvick deRegt located on the western 200 feet of the Washington Technical Center Koering Rezone plat bounded on the west by the proposed P-1 Channel , on the south R-072-82 by Grady Way, on the east by Powell Avenue S.W. and on the south and east by S.W. 7th Street from General Classification District (G-1 ) to Manufacturing Park District (M-P) for Holvick deRegt Koering, applicant, File No. R-072-82. MOVED BY CLYMER, SECONDED BY HUGHES, ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALLAYES. CARRIED. First Reading 'Ways and Means Committee Chairman Clymer presented a report recommending the following ordinance for first reading: Union Avenue An ordinance was read appropriating funds for construction of a Storm Drain storm drain line in Union Avenue N.E. from N.E. 17th Street to Line Honey Creek; project approved in 1982. Community Facilities priority list but not accomplished due to insufficient funding. MOVED BY CLYMER, SECONDED BY HUGHES, CONCUR IN THE RECOMMENDATION OF THE WAYS AND MEANS COMMITTEE AND REFER THIS MATTER BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Ways and Means Committee Chairman Clymer presented a report ' recommending the following resolution for reading and adoption: Resolution #2495 A resolution was read amending the 1983-1988 Six Year Transportation 1983-1988 Six Improvement Program. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL Year Transporta- ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Councilman Stredicke tion Program felt the matter should have been referred to Transportation . Amendment Committee as standard procedure; and inquired regarding disposition of 1st North Street project deleted from the Overlay List. Voucher Ways and Means Committee Chairman Clymer presented a report Approval recommending approval of Vouchers 49778 through 50074, in the amount of $596,027.69, having received departmental certification that merchandise and/or services have been received or rendered. Vouchers 49773 through 49777 and 50075 machine voided. Warrants include LID 314: $36.00; and LID 325: $21 ,320.00. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL CONCUR IN APPROVAL OF VOUCHERS. CARRIED. NEW BUSINESS Receipt of a letter from the Federal Aviation Administration Letter from advising allocation of $180,000 to the City of Renton for airport FAA improvements was reported by Councilman Stredicke. MOVED BY STREDICKE, SECONDED BY 'REED, LETTER FROM FAA BE REFERRED TO AVIATION COMMITTEE. CARRIED. 1 anuary 28, 1983 1 M. T-1 6 1.10 tArrniut,030i0,00.14... 0.* vl ii,chS) LI li?it S Mayor Barbara Shinpoch �. , N--0 Ni and City Council of Renton l'ill-WUR'c' 01"F1 C.;E 200 Mill Street _. . Renton, Washington 98055 • Dear Mayor Shinpoch, ,7'51ratmAS , 3tn We, th undersigned, would like to be recorded as supporting your efforts to rid Renton of pornography. We encourage you to take the necessary means and actions to fight this and to enforce the state law passed in 1982 that denies anyone the right to show pornographic movies within a certain radius of chu ches and schools and residential areas. Roger Forbes is in direct violat'on of this law and should be fined up to $50,000.00 per showing. Sincerely, The Undersigned / ' 22/42111,-.) l qg 33 9S' A C go . e'e,A 71-0 0. 35 _$1 2-7 ! a 7a7 ` / y�.`-29°_ 7; -, sar / -5 0 7 5g A, iFa''' 14 CQ //s/o-isS / 0-e(S L Atin,,_e19„ &,1",(_ /Fei-/o /// PLC S C i2c_A"---t-_8-- --- / ([6.3\/\,... --tk AL-k_ -Y (12-e--- ___ . 79.9aL, Zo,--.Q/3 \ °‘ Iir- -,S 9 s Pi uL \ •s1/).A--)-\i Pfi-,,,,,-- W ' 3�eop- 139oz �4 s ��- -- 1 i/ --Z.l-- , 7'' ' /5-vve -s-e--7 /i-.2 I k. ( --,-,_-4- _al, , A ,., 1 rzrh / CI" L S G' �N`� I..) x4.. NI 1 / 3s� 7 - I i P 4• February 22, 1983 q1 s.,crati—o-s /-2..-3 irt.erv," Iktrvior\ , Mayor Barbara Shinpoch and City Council of Renton • 200 Mill Street Renton, Washington 98055 Dear Mayor Shinpoch: • We would like for you to know that as citizens of Renton and surrounding communities we are very pleased with your stand against pornography. We are in favor of our city council fight- ing against this regardless of the outcome. We realize that there is a financial obligation for attorneys fees and much more so we hope you will continue in an effort to rid our com- munity of this wickedness. If there is any way possible we would appreciate your enforcing the state law passed in 1982 . that prohibits the showing of pornographic movies. If there is anything else that we can do in support of you and your ad- ministration in this fight, please let us know by a public address. Thank you for all your efforts. Sincerely, The Undersigned: Address 1. - ' ,:, / ) 1 Z----1/0-.)- ' 4,10A,k7 /9j Opt 1Qa,,,t,t-iu 1.1)0.9g4,—,5-- 2. -714/9.eed 41. 414.4,t,-/.., %4F-�L l af' / u ALF.i 44i674 a We,e, ?aka, 3• (1,,.�7.7 ,:• Re,-7---°--1.- 4 g.2 . S ,2 Vo 6'J, ,.�a e 4. V . /z76 Qf i//. A/0,-44 T 5. df j�-71 133- 1:1-Fi-e-ji,� � o> . 9 w .e--, 6. a ' „, 6/- . H 7 S s�7_,e,6 ,p/7a 7. ✓ , .,06-.e,✓1 -70L ra? t , k JL)/W1. '1V8 8. 1\jvtv,t,-y\_ _Ni lk\Ili rs). 9. r ,4 Si'� ,��° A/4..-e /6/6 (0 j /7))47t --y, 7470 f 10. 1. �S, .�� 4 / /OJ (,/y Iv -S'<&r C v c1 11. P(,� rcR../ - tq , t4 ,e aye 2‘0 7 A) g. ' 21 N .0,4" 7S705 , 12. (,(,lily`¢ aL/1,,/Gd"C _ FLU fe /' xiQ el/� , ct , • February 22, 1983 Mayor Barbara Shinpoch and City Council of Renton 200 Mill Street Renton, Washington 98055 Dear Mayor Shinpoch: We would like for you to know that as citizens of Renton and surrounding communities we are very pleased with your stand against pornography. We are in favor of our city council fight- ing against this regardless of the outcome. We realize that there is a financial obligation for attorneyts fees and much miore so we hope you will continue in an effort to rid our com- niunity of this wickedness. If there is any way possible we would appreciate your enforcing the state law passed in 1982 that prohibits the showing of pornographic movies. If there is anything else that we can do in support of you and your ad- Ministration in this fight, please iet us know by a public address. Thank you for all your efforts. Sincerely, • The Undersigned: Address 2.. , C o.t,t, /1.4 as /'/ "4- sE- e-Akfait) 9865--C • z P" =/S1'4f C. 4: � / G YIC 2-7al-l-ed- g/ 5. , N O [e" L. !r V 1.1 • 6. l_ l • ` /79/3 //9.81- LAB/ ,SE F•l 3 Res-7 /04 1(0 ge5S _kai G S /7 9. • 10. /02g- ace) 12. 2.61—r ''- 9�C53 February 22, 1983 1 Mayor Barbara Shinpoch • and City Council of Renton 200 Mill Street Renton, Washington 98055 Dear Mayor Shinpoch: We would like for you to know that as citizens of Renton and urrounding communities we are very pleased with your stand against pornography. We are in favor of our city council fight- ing against this regardless of the outcome. We realize that here is a financial obligation for attorneys fees and much niore so we hope you will continue in an effort to rid our com- munity of this wickedness. If there is any way possible we would appreciate your enforcing the state law passed in 1982 that prohibits the showing of pornographic movies. If there �s anything else that we can do in support of you and your ad- Ministration in this fight, please let us know by a public address. Thank you for all your efforts. Sincerely,. The Undersigned: Address • S , zs�a C . na,3 2. 5436o NE "L_d i A/A 4 - • 3. LAN A.K1 - ! ..mil .• 1 O Lam', 11 j\.) 'PQ.h 4\gpc4s1;:,) 2k, \\ aYAQQ. c ).\,(\izews, . 6. pog sz: gAijer-A, • 7. 3/60 .1iii �7e77/ to h 8. Aest,,,,yie__, c 9. /49 i,-, S i. l3 3's=4 ,i 2 c. 10. CSC �CX� /,� �� `—Co 2S /\J (griii ��� roU 11. I /�_ /Yl�i, "/ '( - /3..V 171 ,1�6�✓ �J I� c�/ 12. p 0 3 o I- S !'D-�TQ J - ' T ¶Q—AAS . 11M1 1 February 22, 1983 . I Mayor Barbara Shinpoch and City Council of Renton 200 Mill Street Renton, Washington 98055 Dear Mayor Shinpoch: We would like for you to know that as citizens of Renton and surrounding communities we are very pleased with your stand against pornography. We are in favor of our city council fight- ing against this regardless of the outcome. We realize that there is a financial obligation for attorneys fees and much more so we hope you will continue in an effort to rid our com- munity of this wickedness. If there is any way possible we ould appreciate your enforcing the state law passed in 1982 that prohibits the showing of pornographic movies. If there is anything else that we can do in support of you and your ad- ministration in this fight, please let us know by a public address. Thank you for all your efforts. Sincerely,: • The Undersigned:. Address 1. 7GG47-, a �v � /9°3 P4/7: 1/ pie, 5/f, ir5-11/7 2. .P(J a (/ ��- / 02 �- Lf (Ci��� % v✓- 3. 4: / u c_.hra / // S /1/ 71. � CAA rcA41.1 CcJ A .- f J S ti 7. y.- .//MM yam. 7 8. ,110 / 7// 2 /„2 5'- 9. L o Of Gv 1 � rati�a jl t( ' e\ezwU� 10. J-Le, . (-11 ✓-`tom 1K� �c 2 v °� 11. fh7 9/ / fit 12. f 1(2,p(LaZ A/ "0 —6 February 22, 1983 I . I Mayor Barbara Shinpoch and City Council of Renton 200 Mill Street i Renton, Washington 98055 Dear Mayor Shinpoch: e would like for you to know that as citizens of Renton and urrounding communities we are very pleased with your stand against pornography. We are in favor of our city council fight- 'ng against this regardless of the outcome. We realize that here is 'a financial obligation for attorneys fees and much ore so we hope you will continue in an effort to rid our corn- nunity of this wickedness. If there is any way possible we xould appreciate your enforcing the state law passed in 1982 that prohibits the showing of pornographic movies. If there i is anything else that we can do in support of you and your ad- I ministration in this fight, please let us know by a public ddress. Thank you for all your efforts. incerely ,. The Undersigned: Address l. ,XJ t .c _ \ 8 l% 0,0/ Ai Il0 a, A )I l /dU< 2. e. . a( ��- g9--'2‘4,,,,, /l. / Y /� / .t !� .(1 ' ''&.. ``�'-� 3. et I V 1 -14 E • /6 ST ie-.0- 1---a>1 As- 4: , ) >7/1 1 �- 54,6_ ..... 1 ...„--1-/Aff) • ,q�� _ 5. -le-i-7-W /5-c) Yo, "kbeti-k-Ow eAti-i-ix-, Id a-s-: 6. --- 4(li 0 We/API-a-jut ail,letirtide fly---c�, et 1- 9 3 0 'S---• Ta 40 7. � 20 giz- Earl-•M,ee tom-v 5-1 -Ce pit 9P3 8. 1a.c \Ib;: Ave . S. C. e.,;,\ b`n j °N.®s , I 9. / Zt- 7`— 3yt 1/ S S .A-st o (Ja 97®i 10. * fr '''.)..; /z9/4 /36 � , , 11. V //1L/� /6 ,,,�J , r ,� ...e45 12. dee..,„...„----- f(.1 A4.k.:,e 4 t,,,) ,L-ti q�D _,�..e-1.6- 1� � Gr a /121,4--1 e-,_ U1 I February 22, 1983 M yor Barbara Shinpoch and City Council of Renton : 200 Mill Street Reenton, Washington 98055 Dear Mayor Shinpoch: We would like for you to know that as citizens of Renton and sUrrounding communities we are very pleased with your stand against pornography. We are in favor of our city council fight- 1 ing against this regardless of the outcome. We realize that there is a financial obligation for attorneyts fees and much More so we hope you will continue in an effort to rid our com- munity of this wickedness. If there is any way possible we Would appreciate your enforcing the state law passed in 1982 that prohibits the showing of pornographic movies. If there is anything else that we can do in support of you and your ad- mIinistration in this fight, please let us know .by a public al dress. Thank you for all your efforts. Sincerely,. The Undersigned: Address 1. 29 .. /1 4 -23 1 -1/-0 -(Cdef/. ifi-,- --, cs- 2. 6i0A2.2a0_, I `a9' c C ./ J�, r5. 5_ 3. �y.P Z.:s�_ • V\1 d 44 114.-,t-4.,- 44/• Er0-11.-5'2„,e---7,q -.•' ry I v 5. �V� Z 173z AWRbCF. ) �Jg- .F itzolk) 92o5 4/2-6( cS 6. < 7C J I s i--977 , PE Se l 07 5E-9,t74, lettP t '81)55 8. / 3d -, 5( ,/ S Lr � .,), L/ f55r 9. /A c diilf ? gej_c L ierm,0 PI a AL.! g b'&s 10. - t4C-6-4 . ,, ,. , . 1, A 11. e.,A„le-'46L �7 c-a-1. .5 12. ..1 ,O Jj- c / , • I February 22, 1983 M yor Barbara Shinpoch and City Council of Renton 200 Mill Street Renton, Washington 98055 Dear Mayor Shinpoch: We would like for you to know that as citizens of Renton and s1.irrounding communities we are very pleased with your stand against pornography. We are in favor of our city council fight- ing against this regardless of the outcome. We realize that i there is a financial obligation for attorney's fees and much more so we hope you will continue in an effort to rid our com- munity of this wickedness. If there is any way possible we would appreciate your enforcing the state law passed in 1982 that prohibits the showing of pornographic -movies. If there is anything else that we can do in support of you and your ad- mIinistration in this fight, please iet us know by a public aL.dress. Thank you for all your efforts. Sincerely,. The Undersigned: Address 7i,-,-, ,ofted_e_7-c_e_. .5iii.i e5P, e, 0- s_---.„ yge,g_, ---- ri/f2a- __... ..,, g 4.- / 78� - . . ,///d 9 c5- �,� fir) V p' (- �' ,_ ,� �`v P' . ,,'la ,ti.-.,a'.=;o .f,'4`' = ,.. -�" .� • Z°.y.:3 »l"'dt�s �i'v.r""iT ( .F'� .�1 2: .`—�����4:..�, r�,:;`.-}�i..__s ifs. 'N� 'M ' C -L P,a1.01,0_,1_ ?yet• - r- / WQ 0 c <3� a e� Yj �OL ` v} 02 �� ,�_ 7 P. • J� .3 � � ,/ ,. . t1 `—') • 1/41// s. E. .2 ` / A ,.) 1'8'D,s-74, ' I i Renton City Council February 28, 1983 f � Page Five 1 NEW BUSINESS Council President Trimm asked Council 's preference for numbering of Numbering of open Council positions in fall election in response to request frim Council King County Records and Elections Department. MOVED BY ROCKHILL, Positions - SECONDED BY MATHEWS, COUNCIL POSITIONS REMAIN AS PREVIOUSLY NUMBERED for Fall ' IN PAST ELECTION. CARRIED. City Clerk will provide that information. Election Salary increases for four Council positions open in next electionifrom $400 to $550 was discussed, that amount now *being received by three Council members elected in last election. Councilman Stredicke supported I1' Salary Increas roll back of Council salaries to $400. MOVED BY STREDICKE, SECONDED BY ROCKHILL, MATTER OF SALARY INCREASES BE TABLED FOR ONE WEEK. CARRIED. Wells Street Councilman Reed requested Wells Street Bridge status report in next Bridge two weeks. He also inquired about progress of LID 314, noting bad condition of SW 16th, and asked if project will be completed 'prioir to opening of Longacres Race Track. Mayor Shinpoch reported slow progress . LID 314 of LID due to inclement weather with completion scheduled for midJuly. Traffic Councilman Stredicke noted problems with signing and tracking of mud Hazard - by developer of Edmonds Avenue NE extension project on N. 3rd Street; N. 3rd traffic hazards created. Captain Don Persson advised appropriate city staff have been notified, and developer has posted cash bond for purposes of street cleaning which will be used if necessary by the city. SR-515 Councilman Stredicke requested an update of SR-515 progress, noting . correction of inequities to residents along this route preferred now rather than later. Mayor Shinpoch advised State Department of Transportation has committed $35,000 to the project with possibility of installing jersey barrier or acoustical fencing to protect homes in Victoria Hills subdivision. Stredicke reported concerns by citizens that the project is being held up, and he clarified that is not the case. I Committee of Mayor Shinpoch relayed request of Finance Director Mulcahy to attend Whole next Committee of Whole Meeting to apprise Council of financial matters, including sales tax and revenue source information. Forbes Lawsuit Mayor Shinpoch congratulated City Attorney, Council members, and members of staff for their commendable contributions towards the outcome of the Forbes lawsuit, noting financial expenditures were not as high as' originally anticipated. I ' Block Grant Mayor Shinpoch announced 1983 Housing and Community Development Block Funds . Grant funds in the amount of $411 ,534 have been secured by Ed Heyduk, Housing and Community Development Coordinator, and John Webley, Park Director, as result of sterling presentation to Joint Policy1Committee. I , Joint Meeting Councilman Hughes advised dinner meeting has been tentatively planned w/K.C. Council for King County Council and Renton City Council to discuss budgetary items. Executive MOVED BY TRIMM, SECONDED BY MATHEWS, COUNCIL CONVENE INTO EXECUTIVE Session SESSION. CARRIED. Time: 9:45 p.m. 1 ADJOURNMENT Council members reconvened in regular session. Roll was called; all 10:05 p.m. Council members were present, MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL ADJOURN, Maxine E. Motor, City Clerk V I I it Jr— I ' • . . IEKREGR CITY OF RENTON ' ITE 02/24/83 WARRANT DISTRIBUTION FUND TOTAL WARRANTS MACHINE VOIDS: No.#49581 — #49584 ;URRENT S128.309.63 >ARKS .$40.977.69 IRTERIAL STREETS S128.811 .11 STREETS S45.628.25 .IBRARY S2.287.57 STREET FORWARD THRUST S17•973.96 ; COULON BCH PRK CONSTR S20.903.99 MUNICIPAL FACIL (SHOTS) ,, S14.698.20 4ATERWORKS UTILITY S135.757.82 4IRPORT $2.576.51 EQUIPMEENT RENTAL $5.113.37 TAN/OPR CASH RECUIREMENTS $14.625.00 LID CONTROL SEE7.382.74 TOTAL OF ALL WARRANTS $945.045.84 WE, THE UNDERSIGNED MEMBERS OF THE WAYS ANC MEANS COMMITTEE OF THE ENTON CITY COUNCIL, HAVING RECEIVED DEPARTMENTAL CERTIFICATION THAT ERCHANDISE AND/OR SERVICES HAVE BEEN RECEIVED OR RENDERED, DO HEREBY PPROVE FOR PAYMENT VOUCHERS NC. 495E5 THROUGH NO. 49772 IN THE AMOUNT . F S945.045.84 THIS 28TH DAY OF FEBRUARY 19E3. DMMITTEE & — — — MEMBER — • — - — — — — — — II,Ats, A1 -- L.I.D.#314 MEMBER REVENUE WARRANT NO.#R-36 $387,382.74 I' Renton City Council January 24, 1983 Page Three MOVED BY TRIMM, SECONDED BY STREDICKE, COUNCIL RECESS FOR FIVE M NUTES. Recess CARRIED. Time: 9:20 p.m. Council reconvened at 9:25 p.m. Roll call : All present. Picketers ' Kathy Keolker, 532 Cedar Avenue S. , Coordinator of Citizens for e Against Quality Community, advised committee support of Council action to Porno use tax dollars to fight adult film fare at two downtown Renton theatres. Following introduction, approximately 150 sign-carrying members of the community group filed through the Chambers. PUBLIC HEARING This being the date set and proper notices having been posted and Central Renton published according to law, Mayor Shinpoch opened the public hearing Comprehensive to consider the Central Renton Comprehensive Plan Amendment. David Plan Amendment. Clemens, Policy Development, Director, described the boundari1es oIf the plan, reviewed history of Planning Commission review and recommendations, and discussed consistency of zoning and land use with Comprehensive Plan designations denoted on the plan. The four map elements of the plan were discussed: Land Use Element, Community Facilities Element, Circulation Element, and Utilities Element; and implementing policies which support and clarify the intent of the map elements reviewed including City-Wide Policies, Planning Policies for Central Area Plan, and Sub-Area Policies. The final Comprehensive Plan, distributed in booklet form to members of the audience, is the end result of extensive public comment and consultation between staff and Planning Commission members. Responding to Councilman Rockhill 's query regarding downzoned areas, Mr. Clemens advised that no zoning changes whatsoever are proposed on the plat, but three areas are not the same as designated on the previous plan. Minor changes in areas of south Renton, east of Park Avenue in north Renton, and an area near the Cedar River were discussed and designated on the map. Responding to Councilman Stredicke's query regarding office/office park designation of commercially zoned property at corner of Benson Road and Grady Way S. , Mr. Clemens advised that due to abundancy of commercially zoned ;property in other areas and proximity of the site to a congested intersetion, after considerable deliberation, the Commission had designated the site as denoted. Audience Chester Wildman, 8415 S. 123rd Place, Seattle, expressed concert about Comment water bill increases. Since there was uncertainty regarding which water district serves the property, Mayor Shinpoch agreed to research the matter and notify Mr. Wildman of findings. Ethel Klepach, 8916 S. 121st St. , Seattle, requested information regarding annexation procedures. Mr. Clemens outlined the process requiring petition signed by 75% of the population in the area; however, due to community opinion, annexation is highly unlikely. Mrs. Klepach asked why residents in her area pay taxes for Renton School District, but are precluded from. voting in that district. Mayor Shinpoch indicated that King County Elections Bureau would be contacted for clarification of the matter. Enri Quepleta, 800 S.W. 3rd Place, inquired if adoption of the plan by the City Council gives assurance to Earlington Hill residents that no further land use changes will occur. Councilman Clymer advised rezones in the area are still feasible, zoning being a separate process than comprehensive planning, and constant vigilance is required by citizens for apprise] of land use activity in their neighborhood. Mr. Quepleta requested separation of Earlington Hill area from downtown area on the map, noting no commonality with CBD. Mr. Clemens advised awareness by Planning Commission of low density character of Earlington a1ea, and inclusion with CBD is a matter of convenience due to its proximity and small size. Rose Boyce, 2020 Grant Avenue, inquired of designation of three lots located at northwest corner of 2nd Street and Factory Avenue N. Mr. Clemens indicated those lots and adjoining pjropeFty are designated commercial land use. Versie Vaupel , 400 Cedar Avenue S. , inquired regarding extent of notice of public hearing. City Clerk advised legal posting in 30 places in the city with list of, locations available for review. Mrs. Vaupel , former Planning Commission member, requested deletion of her name from the list of commissioners denoted on the cover of the Comprehensive Plan Amendment since her membership terminated prior to adoption. Since there were no furthericomments, it was MOVED BY REED, SECONDED BY HUGHES, THE PUBLIC HEARING BE CLOSED. CARRIED. MOVED BY ROCKHILL, SECONDED BY REED, THE SUBJECT OF THE CENTRAL RENTON COMPREHENSIVE PLAN AMENDMENT BE REFERRED TO THE PLANNING AND DEVELOPMENT COMMITTEE FOR STUDY AND RECOMMENDATION. CARRIED. Renton City Council January 24, 1983 Page Four AUDIENCE Joel Haggard, 720 Olive Way, Seattle, requested the recommendation of COMMENT the Planning and Development Committee be read regarding the One Valley Place PUD appeal . MOVED BY ROCKHILL, SECONDED BY HUGHES, SUSPEND THE RULES AND ADVANCE TO PLANNING AND DEVELOPMENT COMMITTEE REPORT. CARRIED. Planning and Planning and Development Committee Chairman RockhiMpresented a report Development recommending adoption by the City Council of the Examiner's report with Committee the following amendments: 1) Condition No. 1 to read as follows: The One Valley applicant provides proof to the satisfaction of the Environmental Review Place PUD Committee that a mechanism, whether city initiated LID or otherwise, Appeal will provide that the roads in the area are improved to accommodate the FPUD-061-82 projected traffic of Phase I of such development prior to the issuance of a building permit. 2) Delete the second sentence of Conclusion No. 9. 3) Delete the last 14 words in the first sentence of Finding No. 9 and delete the second sentence in Finding No. 9. 4) Delete the first sentence in Conclusion No. 6 and substitute in its place, "Increasing stall width to nine feet and aisle width to 22 feet while providing a 10% reduction in the required number of parking stalls is appropriate. Applicant has voluntarily agreed to modify Section 4.03 of the CCR's (Exhibit #6 of Files PPUD-032-81 and PP-044-81 ) to conform with the above." 5) Delete the second paragraph of Conclusion No. 7. 6) Delete wording on Recommendation No. 2 and substitute in its place, "The CCR's shall be revised in conformance with Conclusion No. 6." MOVED BY ROCKHILL, SECONDED BY REED, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE. Following discussion regarding parking configuration, MOTION CARRIED. Audience Lois Rancourt, 1116 N. 38th Street, requested Planning and Comment Development Committee report be read regarding Dietch appeal of continued Rancourt Short Plat 055-82. MOVED BY ROCKHILL, SECONDED BY REED, SUSPEND THE RULES AND ADVANCE TO PLANNING AND DEVELOPMENT COMMITTEE REPORT. CARRIED. Planning and Planning and Development Committee Chairman Rockhill presented a report Development recommending affirmation of the Hearing Examiner's report with the Committee exception that the Examiner was in error by not requiring that access Rancourt to and from the lots be by a dedicated public street. The committee Short Plat recommended that access requirement be changed to require a one-half Appeal public street with the exact length and terminus to be determined by Sh. P1 . 055-82 the Public Works Department after considering grades on the property. If no grade problems, the public streets should be extended the entire length of the property to serve later potential development in the area. MOVED BY ROCKHILL, SECONDED BY REED, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE. Upon request, letter from Dewey Rancourt was read. The letter requested concurrence in the Examiner's recommendation for approval of a private road and denial of the appeal . CARRIED. Request for Rhonda Bryant, 1518 S. 28th, requested letter from Lawrence W. Ashley Sewer Connection be read. MOVED BY REED, SECONDED BY MATHEWS, SUSPEND THE RULES AND ADVANCE TO CORRESPONDENCE. CARRIED. Letter was read requesting Council permission to connect Cascade Vista residential lot outside city limits to Renton sewer system for purposes of sale. Following Council discussion regarding disposition of the matter,, it was MOVED BY STREDICKE, SECONDED BY REED, REFER LETTER TO UTILITIES COMMITTEE FOR REVIEW AND RECOMMENDATION. Councilman Clymer requested display in the Chambers of a map designating sewer lines for Council reference. MOTION CARRIED. Consent Agenda James Colt, P.O. Box 547, requested Item 8.c. of the Consent Agenda Item 8.c. be read. MOVED BY CLYMER, SECONDED BY HUGHES, SUSPEND THE RULES AND Reversion of ADVANCE TO CONSENT AGENDA, ITEM 8.c. CARRIED. Building and Zoning Ordinance #3113 Department requested reversion of Ordinance No. 3113, rezone from G-1 (ERADCO) to variety of multiple family zones on February 22, 1977, approved with restrictive covenants to enforce reversion of zoning on property owned by Stoneway Concrete, Inc. (ERADCO) if construction not commenced in accordance with time schedule. . New ordinance to correct zoning map required for subject property to designate reverted G-1 zoning. MOVED BY CLYMER, SECONDED BY HUGHES, MATTER OF REVERSION OF ORDINANCE NO. 3113 BE REFERRED TO WAYS AND MEANS COMMITTEE. CARRIED. Renton City Council January 17, 1983 Page Two Lawsuit staff were unaware of reversionary ordinance; construction of apartment continued house was commenced on site at that time; and the partially :consttructed project was interrupted when lawsuit was filed, resulting in loss of considerable funds. Mr. Evans reported the following information had been provided by Mr. Clemens: 1 ) Environmental Review Committee 'decision had been issued on 8-13-81 ; 2) no building permit has ever been ;issued for the Fir One Condominium project; and 3) Public Works Permit was issued for water, storm drainage and sanitary sewers, which:were installed; however, there are no records of any inspectionsimade under Public Works Permit No. P-2722. Garbage Can Lewis Kwan, 22814 N.E. 61st, Redmond WA 98052, duplex owner in1City Rates of Renton, objected to monthly garbage can rates which are double for two duplex units than two single family residences. Since (there had been no ordinance change after similar complaint two and one-half years ago, he requested that notification of any resolution of the mater, revision of the ordinance, or additional information be transmitted to him in writing. Forbes Lawsuit Kathy Keolker, 532 Cedar Avenue S. , coordinator of Citizens' for., a Quality Community, advised Council of picketing activities which may deter theatre business by 250 Renton citizens protesting adult film fare at two downtown theatres owned by Roger Forbes. She 'requested that any complaints regarding picketing activities be directed to her personally and inquired if an update of the Forbes matter would, be provided to interested citizens following executive session by the Council this evening. For the record, Councilman Stredicke requested provision of a status report to Council by City Attorney regarding the lawsuit. City Attorney Warren reported that as a result of last week's decision by Judge McGovern, the city is prohibited from denying Mr. Forbes the right to show adult film fare until further 'hearling on the matter. Mrs. Keolker advised concern regarding attendance at theatres by young teenagers, requested the matter be investigated and laws revised for enforcement, and announced a citizen presentation scheduled for the next Council meeting regarding the matter would be covered by news media. CONSENT AGENDA The following items are adopted by one motion which follows they items included:; Animal Control Executive Department submitted agreement between cities of Renton and Agreement with Tukwila for provision of animal control services by the City of Renton Tukwila to the City of Tukwila from February 1 , 1983 through December 31 , 1983. Concur and authorize Mayor and City Clerk to sign agreement. Joiner Claim Claim for damages in the amount of $12,000 filed by Eugene' Joiner, for Damages 3024 South Warsaw Place #102, Seattle, alleging diamond missing from CL 62-82 ring setting when returned by Renton Police Department booking desk following incarceration 12/20/82. Refer to City Attorney and Insurance Carrier. Alexander Claim Claim for damages in the amount of $1 ,062.03 filed by Helen C. for Damages Alexander, 12672 S.E. 162nd, Renton, for drainage water back-up CL 02-82 damage to rental located at 679 Edmonds Avenue N.E. , alleging plugged city storm drain (1/05/83) . Refer to City Attorney and Insurance Carrier. Floth Claim Claim for damages in the amount of $251 .70 filed by R. W. and June for Damages Floth, 12652 S.E. 158th, for sewage back-up damage to rental located CL 01-83 at 900 Glenwood Avenue N.E. , Apartment #4, alleging blocked city sewer line. Refer to City Attorney and Insurance Carrier. Consent Agenda MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL ADOPT CONSENT AGENDA Approved AS AMENDED. CARRIED. MOVED BY STREDICKE, SECONDED BY CLYMER, THE FOLLOWING ITEMS BE REMOVED FROM CONSENT AGENDA FOR SEPARATE CONSIDERATION. CARRIED. Appointment to Mayor Shinpoch reappointed Mrs. Mary Mattson, 7273 South 128th Street, Board of Ethics Seattle 98178 to the Board of Ethics for a four-year term effective to December 31 , 1986. Mrs. Mattson serves as the representative from the League of Women Voters of King County South. The other members of the Board are: Rev. Donald Hammond (representative from Renton area RENTON CITY COUNCIL Regular Meeting January 17, 1983 Municipal Building Monday, 8:00 p.m. Council Chambers MINUTES CALL TO ORDER Mayor Barbara Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF THOMAS W. TRIMM, Council President; EARL CLYMER, ROBERT J. HUGHES, COUNCIL MEMBERS RANDALL ROCKHILL, JOHN W. REED, NANCY L. MATHEWS, RICHARD M. STREDICKE. CITY STAFF IN BARBARA Y. SHINPOCH, Mayor; LAWRENCE J . WARREN, City Attorney; ATTENDANCE MAXINE E. MOTOR, City Clerk; DAVID CLEMENS, Policy Development Director; MICHAEL PARNESS, Administrative Assistant; CAPTAIN DON PERSSON, Police Department. PRESS Jan Hinman, Renton Record-Chronicle. MINUTE APPROVAL MOVED BY TRIMM, SECONDED BY MATHEWS, COUNCIL APPROVE THE MINUTES OF JANUARY 10, 1983 AS PRESENTED. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and Annual Adoption published according to law, Mayor Shinpoch opened the public hearing of Zoning Map to consider the annual adoption of the Zoning Map for the City of Renton incorporating all Zoning Ordinance revisions from January 1 , 1982 through January 1 , 1983• David Clemens, Policy Development Director, read correspondence advising conformance of every rezone illustrated on the map to an ordinance related to each subject property, both text and map being identical . Recommended were adoption of the Zoning Map as presented, and referral to the Ways and Means Committee for preparation of appropriate legislation. Responding to Council inquiry regarding parcels excluded from the map, City Attorney Warren advised that the parcel known as the Evans Parcel (owned by Seaport Dozing Company) has been excluded pending final decision on litigation; and verbal confirmation of zoning on that site to inquiring citizens will be required of staff until adoption of the 1984 Zoning Map which will properly designate official zoning of that site. Ralph Evans, 3306 N.E. llth Place, pointed out that Superior Court decision on the aforementioned lawsuit is still open to appeal . Continued Councilman Stredicke questioned R-1 , G and G-1 zoning designations of certain public properties which do not reflect existing uses of the sites and constitute errors of omission on Zoning Map. Mr. Clemens explained conditional use permit process for development of schools , parks, cemeteries, and municipal and county buildings as an alternative approval process to rezone action. Continued Responding to further questioning by Mr. Evans of zoning status of certain properties and notification to owners of changes in that status as a result of recent Superior Court decision that the city' s reversionary ordinance is not valid, Mr. Warren clarified that the scope of the lawsuit had been confined to a specific piece of property owned by Seaport Dozing Company and the decision that the reversionary ordinance is invalid would not extend to other properties in the city. Further, the Zoning Map controls over individual zoning ordinances except when it is contradicted by language of the Zoning Code itself. Discussion was held regarding possible methods of notifying Council members of zoning changes, and it was suggested that a letter-sized notification be transmitted to Council members each time a rezone approval occurs. Since there were no further comments, it was MOVED BY HUGHES, SECONDED BY ROCKHILL, CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY REED, SECONDED BY HUGHES, COUNCIL CONCUR IN THE RECOMMENDATION OF THE POLICY DEVELOPMENT DEPARTMENT TO ADOPT THE ZONING MAP AS PRESENTED AND REFER THE MATTER TO THE WAYS AND MEANS COMMITTEE FOR APPROPRIATE LEGISLATION. CARRIED. Seaport Dozing Referencing his request for information regarding the Fir One Company Lawsuit Condominium development at last Council meeting, Mr. Evans advised purpose of request due to arguments during Superior Court litigation by plaintiff, Seaport Dozing Company, that property was purchased in 1981 when zoning reflected in city records was R-3; Planning Director and RENTON CITY COUNCIL Regular Meeting November 8, 1982 Municipal Building Monday, 8:0f p.m. Council Chambers MINUTES CALL TO ORD R Mayor Pro tempore Earl Clymer led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL 0 EARL CLYMER, Council President, ROBERT J. HUGHES, RANDALL ROCKHILL, COUNCIL MEM ERS RICHARD M. STREDICKE, JOHN W. REED, NANCY L. MATHEWS, THOMAS W. TRIMM. CITY STAFF 1N LAWRENCE J. WARREN, City Attorney; DAN KELLOGG, Assistant City ATTENDANCE Attorney; MICHAEL PARNESS, Administrative Assistant; MAXINE E. MOTOR, Acting City Clerk; CAPTAIN DON PERSSON, Police Department; DAVID CLEMENS, Policy Development Director. PRESS Jan Hinman, Renton Record-Chronicle. MINUTE APPROVAL MOVED BY STREDICKE, SECONDED BY MATHEWS, COUNCIL APPROVE THE MINUTES OF NOVEMBER 1 , 1982 AS PRESENTED. CARRIED. Mayor Pro tempore Clymer advised correction requested by Versie Vaupel of her testimony regarding the Shoreline MasteriPlan in minutes of October 25, 1982, which should indicate matter of landfill being previously considered by the original Shoreline Committee. AUDIENCE CO MENT Sanford Webb, 430 Mill Avenue S. , spoke against adoption of Legislation for legislation which is not in the public interest nor relates to Nuclear Fre=ze, the operation of the city, such as recent Council action regarding Sign Code; end adoption of nuclear freeze resolution and Sign Code amendments to ._ Court allow residential real estate signs. Also addressed were Case , expenditures incurred by the city from the Forbes court ese, and need for additional public meeting to address recent Zoning Ordinance changes involving that matter. Forbes Cour Kathy Keolker, 532 Cedar Avenue S. , representing Citizens for a Case Quality Community, addressed the recent Forbes lawsuit decision, noted increased community spirit to continue the fightlagainst location of adult movie theatres in downtown Renton and commended city staff and attorneys for a thorough job in represeniting the oommunity. She submitted petitions containing 1 ,346 signatures in support of the city's Zoning Ordinance prohibiting ljocation of adult theatres in downtown Renton and 71. resolutions of support from business establishments in the city. CONSENT AGE DA The following items are adopted by one motion which follows the items included. Halsen Stre-t Bobby Halsen requested street vacation for a portion of South Vacation 17th Place located west of SR-515 and east of Talbot Road S. (VAC VAC 08-82 08-82) . Public Works Department has certified that signatures shown in the petition are valid and represent 100% of property owners abutting said street. Refer to Board of Public Works for appraisal and retention of easements and to the Ways and Means Committee for resolution setting public hearing on December 13, 1982.'I Cheever Str-et Frank G. Cheever requested street vacation for a portion of Coynty Vacation Road #34 (VAC 07-82) . Public Works Department has certified that VAC 07-82 signatures shown in the petition are valid and represent 100% of property owners abutting said street. Refer to Board of Public Works for appraisal and retention of easements and to the Ways and Means Committee for resolution setting public hearing on— December 13, 1962. c.� Renton City Council November 8, 1982 Page 2 CONSENT AGENDA continued Revise 1983- Traffic Engineer requested revision of 1983-1986 Six Year 1986 Six Year Transportation Improvement Program to replace No. 8 controller Transportation modernization with N.E. Sunset Boulevard signal controller Improvement modernization and interconnection with funds allocated by Program Federal Aid Urban Systems (FAUS) Funds to replace obsolete traffic signal controllers and interconnect signals on Sunset to the city's new computer. Set public hearing date for November 22, 1982. Tall Trees on Letter from Ann Grinolds and petition containing 22 signatures Renton Hill objected to tall trees adjacent to I-405 near the intersection of S. 3rd Street and Cedar Avenue S. on Renton Hill which obstruct views and cause maintenance problems from falling leaves. Refer to Community Services Committee. West Hill Pump Policy Development Department submitted West Hill Pump Station Station Proposed proposed annexation approved by the King County Boundary Review Annexation Board on October 7, 1982 following execution of Waiver of Review. Refer to Ways and Means Committee for ordinance. Liquor Excise Letter from South End Alano Lounge requested portion of liquor Tax excise tax for purposes of alcohol rehabilitation to support the facility in providing social life and location for AA meetings and other groups striving for alcohol and drug-free life. Refer to Budget Committee. 1982-1983 Personnel Department submitted 1982-1983 Labor Agreement between Labor Agreement the City of Renton and the Renton Police Officers' Guild Renton Police representing non-commissioned employees. Requested was Officers' Guild ratification by Council of the terms of the contract and Non-commissioned authorization for the Mayor to sign the agreement which will Employees direct retroactive payment of 1982 wage increases to the members of the bargaining unit and non-represented members of the department. Refer to Ways and Means Committee for review and authorization for Mayor and City Clerk to sign contract. Fire Code Fire Department submitted amendment to Uniform Fire Code, Article Amendment 25, Places of Assembly, to clarify the purpose of the section. Refer to Public Safety Committee for ordinance consideration. Parking and Fire Department submitted amendment to Parking and Loading Loading Amendment Ordinance to provide conformance to specifications of Fire Code to Conform to regarding fire lanes. Refer to Public Safety Committee for Fire Code ordinance amendment. 1982 Asphalt Engineering Department requested acceptance of 1982 asphalt Resurfacing resurfacing project (CAG 041-82) , approval of final pay estimates Project in the amount of $98,928. 13, and commencement of 30-day lien CAG 041-82 period. If, after expiration of 30 days, no liens or claims have been filed against the project, the retainage amount of $4,946.41 shall be paid to the contractor, M. A. Segale, Inc. Council concur. 1982 Sanitary Engineering Department requested acceptance of 1982 sanitary Sewer Repair sewer repair and pump station (CAG 015-82) , final pay estimate and Pump be approved, and commencement of 30-day lien period. If, after Station expiration of the 30 days, no liens or claims have been filed CAG 015-82 against the project and all taxes paid, the retainage amount of $6,965.04 shall be paid to the contractor, Ford Construction Co. Council concur. Claim for Claim for damages filed by Charles T. Spence in the amount of Damages $136.22 for tire and wheel damage caused by alleged raised CL 54-82 manhole cover and assembly in front of 919 S.W. Grady Way. Refer to City Attorney and Insurance Carrier. Renton City Council November 8, 1982 Page4 ORDINANCES AND RESOLUTIONS continued Appropriation and An ordinance was head providing for appropriation and transfer Transfer of Funds of funds of unanticipated revenue to be reimbursed to the city 8th St./Pa Ik Ave. by The Boeing Company, per agreement (CAG 049-82, 9/3/82) ; for Traffic Signal contract construction of upgrading the traffic signal system and Ordinance #3675 channelization on N. 8th Street and Park Avenue N. , in an amount not to exceed $46,000.00. MOVED BY STREDICKE, SECONDED BY ROCKHILL, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. First Reading The Ways and Means Committee recommended the following ordinances for first reading: Ramac, Inc. An ordinance was read changing the zoning classification ofl certain Rezone properties within the City of Renton from Residence District (R-1 ) R-017-82 to Business District (B-1 ) for Ramac, Inc. , File No. R-017-82, property located at the northeast corner of the intersection of Maple Valley Highway (SR-169) and the northbound ramp of 1405. MOVED BY STREDICKE, SECONDED BY REED, REFER THIS MATTER BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Hardebeck An ordinance was read changing the zoning classification of Rezone certain properties within the City of Renton from Residence R-062-82 District (R-1 ) to Light Industry District (L-l ) for Jerry Hardebeck, File No. R-062-82, property located in the vicinity of 412 S.W. 16th Street. MOVED BY STREDICKE, SECONDED BY HUGHES, REFER THIS MATTER BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Planning Ways and Means Committee Chairman Stredicke presented a report Commission recommending concurrence in the Mayor's appointment of Mr. Robert Appointment Patterson to the Planning Commission to complete the term of Versie Vaupel who has resigned. Term to be effective throughlJanuiary 31 , 1985. MOVED BY STREDICKE, SECONDED BY ROCKHILL, COUNCIL CONCUR IN THE RECOMMENDATION OF THE WAYS AND MEANS COMMITTEE. CARRIED. Voucher Approval Ways and Means Committee recommended approval of Vouchers 42525 through 42736 in the amount of $890,464.89 having received departmental certification that merchandise and/or services have been received or rendered. Vouchers 42520 through 42524 machine voided. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL CONCUR IN APPROVAL OF THE VOUCHERS. CARRIED. NEW BUSINESS Councilman Stredicke requested an explanation of types of Topics for subject matters which can be discussed in public meetings and Discussion in which require discussion in executive session. City Attorney Executive Warren described criteria used to determine whether a matter is Session/ public or confidential , noting that certain discussion ' regarding court Magistrate's case, Playtime v. Renton, Case Nos. C82-59M & C82-263M, would be Recommendation, allowed at an open meeting. Warren reiterated recommendation of • • -s C9u Judge Philip K. Sweigert, U.S. Magistrate, to prevent the city tease from ,enforcement of its Zoning Ordinance No. -3637 against the plaintiffs, Playtime, and denying the city's motion for summary judgment and renewed motion to dismiss based primarily upon protection of First Amendment rights of free speech of the plaintiff. The recommendation also alleged that through it's Zoning Ordinance the city had forced location of the plaintiff's business in an undesirable and unattractive area of the city. Warren noted that a right of hearing remains open to the city if the Council wishes to pursue that option. The recommendation of the magistrate may either be accepted or rejected by the judge, and the right of hearing still remains open to the city. Renton City Council November 8, 1982 Page 3 CONSENT AGENDA continued , Consent Agenda MOVED BY STREDICKE, SECONDED BY MATHEWS, COUNCIL ADOPT THE Approved CONSENT AGENDA AS PRESENTED. CARRIED. Street Vacation Responding to Councilman Stredicke's inquiry regarding additional Information material for street vacation consent agenda items, City Clerk advised that maps and legal descriptions for all Council members will be furnished with the resolution upon transmittal to the Ways and Means Committee on November 15, 1982. OLD BUSINESS Utilities Utilities Committee Chairman Mathews presented a report Committee recommending authorization for the City Attorney to proceed with dissolution of Water District #78 within the Talbot Hill Island Dissolution annexation as requested by King County. MOVED BY MATHEWS, of Water District SECONDED BY STREDICKE, COUNCIL CONCUR WITH THE RECOMMENDATION #78 OF THE UTILITIES COMMITTEE. CARRIED. William Clarke Councilman Stredicke advised receipt of a communication from Complaint Water District #107 to the City Attorney indicating that the re Water district is not responsible nor liable for the William Clarke Runoff storm runoff matter brought to the attention of the Council two weeks ago. He requested a report from the Administration of the status of the matter. It was reported that the referenced letter had been forwarded to Mr. Clarke and a meeting proposed to discuss the issue. Councilman Stredicke indicated concern that existing underground water jeopardizes maintenance of the roadway and the city may wish to mitigate the problem before serious damage occurs. CHG/Sunpointe Citing a newspaper article regarding failure of CHG/Sunpointe Status Report Development to meet conditions of approval , Councilman Stredicke requested an updated status report on the project. Administrative Assistant Michael Parness reported steps have been taken to call the bond to assure conformance to additional requirements. Planning and Planning and Development Committee Chairman Rockhill presented a Development report recommending authorization by the City Council for the Committee Administration to proceed with the negotiation and execution of Holvick deRegt an agreement providing for the funding of the construction of the Koering traffic signal at the intersection of S.W. 7th Street and Edwards Construction Street. MOVED BY ROCKHILL, SECONDED BY HUGHES, COUNCIL CONCUR Funding IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE. Agreement City Attorney Warren and Chairman Rockhill clarified specifics of S.W. 7th/ the project which will require state bidding procedures, contribution Edwards from more than one source for funding, and be under city jurisdiction for signalization. CARRIED. Joint Use Planning and Development Committee Chairman Rockhill presented Driveways a report recommending that the use of joint use driveways be approved for adjoining uses fronting on a street where combining access would reduce the total number of driveways onto the street. Except for such joint use driveways, it was recommended that parking as required by city code be provided upon property in the same ownership as the property on which the building or use requiring the specified parking is located. Referral to the Ways and Means Committee for drafting of appropriate legislation was also recommended. MOVED BY ROCKHILL, SECONDED BY HUGHES, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means The Ways and Means Committee recommended the following ordinances Committee for second and final reading: Renton City Council November 8, 1982 Page 5 ADMINISTRATIVE Mayor Pro tempore Clymer read a report from Fire Chief Rich-rd Y P REPORT Geissler regarding the fire drill held at the Municipal Building on Friday, November 5, 1982. Numerous objectives established for the drill were met, and cooperation by all affected departments and general public was very encouraging. 1 Grady Way B idge Councilman Stredicke requested a status report regarding the Grady Way Bridge project. Administrative Assistant Parness advised that funding has been approved, the bid process will be conducted by the state, but the project will be overseen by the city. Drop Box fo Councilman Stredicke requested that the possibility oflinstalling Utility Pay ents a drop box in front of City Hall for convenience of customers paying utility bills during hours City Hall is closed be referred to the Administration. Administration concurred in the request for review. Councilman Hughes noted for information that payments may be made in the Police Department, lower level of City Hall , 24 hours a day. AUDIENCE Ray Griffin, 14306 144th S.E. , reported current problems with COMMENT storm water runoff in the area of the proposed Northward rezone near Duvall Avenue N.E. , noted his opposition to the rezone, and Northward requested information regarding proper procedure to voice his Rezone Area concerns. Following explanation of the public hearingprooedure Drainage of the Land Use Hearing Examiner, Mr. Griffin expressed additional Problems concern regarding the drainage basin, noted his familiarity with the Hearing Examiner system, and expressed disfavor with past Council action in appeal decisions. Cedar Hills Michael O'Rourke, 419 S. Wells; Chris Bogh, 209 Thomas Avenue S.W. ; Alcohol and Gary Thomas, 2516 20th N.E. , expressed opposition to the Treatment request of the South End Alano Lounge of a portion of the liquor Center excise tax for alcoholism rehabilitation , claiming faclility is not licensed, provides an atmosphere not conducive to reco')ery, and the excise tax would better serve the state licensed Cedar Hills Alcohol Treatment Center in Renton. An invitation to attend the budget hearing, of the City Council on Tuesday, November 9, 1982 was extended to those interested in discussion of disbursement of the liquor tax. Council Intent Chuck Slothower, 517 S. 17th, requested an announcement be made on Forbes bourt to ;the public following executive session by the City Council of vir.ase intent in pursuing the preliminary recommendation of the magistrate to Judge McGovern in the Playtime v. Renton court case. Agreement was, made that the City Attorney would make an announcement following executive session. Executive MOVED BY STREDICKE, SECONDED BY ROCKHILL, THAT THE COUNCIL GO INTO Session EXECUTIVE SESSION FOR PURPOSES OF DISCUSSION OF POSSIBLE LIiTIGATION TO COME BACK WITH REPORT FROM ATTORNEY. CARRIED. 9:20 p.m. Announceme t Following executive session, City Attorney Warren announced of Intent in direction of City Council to continue efforts at highest level Forbes Cou t by ;the City of Renton to proceed with the court case against Case Playtime in objecting to the magistrate's recommendation to the judge. He advised that if Judge McGovern's decision is ultimately unfavorable to the city, a reassessment of the matter by the City Council shall occur at that time. ADJOURNMENT Council Members reconvened in regular session. Roll was called; 10:00 p.m. all Council Members were present. MOVED BY CLYMER, SECONDED BY STREDICKE, MEETING ADJOURN. CARRIED. I -,- ,,,,, ,t_e- e?-"Zet -t- Maxine E. Motor, Acting City Clerk -^1 :XP111 35 CITY OF RENTON /ATE 11/08/82 WARRANT DISTRIBUTION FUND TOTAL WARRANTS MACHINE VOIDE: NO.42520 - 42524 CURRENT 6106, 097.94 PARKS $39, 876.36 ARTERIAL STREETS $94, 647. 14 STREETS $31, 843.51 LIBRARY S10, 964 .36 STREET FORWARD THRUST $9, 802075 0 COULON BCH PK CONSTR $8,044.53 WATERWORKS UTILITY $156, 139.32 AIRPORT $17, 036. 19 EQUIPMENT RENTAL $14,690.63 FIREMEN 'S PENSION $9.P8 UNEMPLOYMENT COMP, $5,039.92 LID CONTROL $396, 272.96 TOTAL OF ALL WARRANTS $890, 464.89 WE, THE UNDERSIGNED MEMBERS OF THE WAYS AND MEANS COMMITTEE OF THE RENToN CITY COUNCIL, HAVING RECEIVED DEPARTMENTAL CERTIFICATION THAT MERCHANDISE AND/OR SERVICES HAVE BEEN RECEIVED OR RENDERED, DO HEREBY APPROVE FOR PAYMENT VOUCHERS NO. 42525 THROUGH NO. 42736 IN THE AMOUNT OF $890, 464 .89 THIS 8TH DAY OF NOVEMBER 1982. COMMITTEE CHAIRMAN ��`: �� _ .1% Lalc-sm MEMBER X.7 MI NO MI UR L.I.D.#314 �l4 � REVENUE WARRANT NO.#R-29 $191 ,756.09 % U MEMBE t�� { L. I.D. #323 REVENUE WARRANT NO.#R-11 $ 38 ,468. 36 L.I.D. #325 REVENUE WARRANT NO.#R— 3 $166,048.51 i - , \-,fj •' - ' ‘ Z- , •',, ,I \9- (3 91 91.tti,‘ , ,i 1 y---- K----k I ' Li , U ----(---- (-- c„-p___ __-,, /,_ (L.,vut ( 1L. . A._ ( 0 — 1-11---.Vi ,( ryte1,61.1-ft- r- *al '444 L,...4 .....ji (.1 I j4t117:i , . . (7 4•Nerve(--IpLe-14, „ , 411 I .Renton City C uncil 3/22/82 Page 3 - Old Business - Continued Community Services Community Services Committee Chairman Reed presented committee Committee report noting review of request by Bill Stevenson/RainbowSchJinn Bicycle Race to hold a United States Cycling Federation sanctioned amateur 5/9/82 bicycle race. The race will be held on 5/9/82 from 7:00 a.m. Ito noon around the block formed by SW 7th St. , Powell , SW 10th S . and Lind Ave. The report recommended approval with requested conditions. MOVED BY REED, SECOND MATHEWS, CONCUR IN COMMUNITY SERVICES COMMITTEE REPORT. CARRIED. Voucher Ways and Means Committee Chairman Stredicke submitted committee Approval report recommending Council approval for payment of Vouchers No. 38700 through No. 38951 in the amount of $811 ,312.76 plusl LID No. 314 Revenue Warrants R-13 in amount of $133.00 and LID Revenue Warrant R-13 $86. 14, having received departmental certification that merchandise and/or services have been received or rendered. Machine Voids: No. 38695-38699. MOVED BY STREDICKE, SECOND BY HUGHES, CONCUR IN WAYS AND MEANS COMMITTEE REPORT. CARRIED. Planning and Planning and Development Committee Chairman Rockhill presented Development committee report noting review of latecomer agreements for traffic Committee signalization improvements in the Building Code and recommended Traffic Sign.• ls the subject matter be referred to the Ways and Means Committee Latecomer for drafting of proper legislation. MOVED BY ROCKHILL, SECONb BY Agreement REED, ACCEPT THE COMMITTEE REPORT AS PRESENTED. CARRIED! ' Adult The Planning and Development Committee report noted review again Entertainmen of the regulation of adult entertainment land uses and recommended Land Use the matter be considered by the full Council . MOVED BY ROCKHILL, SECOND STREDICKE, CONCUR IN REPORT. CARRIED. Ryan Short Plat Planning and Development Committee Chairman Rockhill referred to Request for Asst. City Attorney Kellogg's letter regarding request of Mary Vacation , Pat Ryan for vacation of Short Plat and release of letter of credit bond (SP 159-78) , noting matter under jurisdiction of RCW 58. 12 requiring the request to be filed with the Clerk of King County Council . MOVED BY ROCKHILL, SECOND HUGHES, COUNCIL WITH- DRAW REQUEST OF MARY PAT RYAN FROM THE PLANNING AND DEVELOPMENT COMMITTEE AND REFER TU THE ADMINISTRATION. CARRIED. Commendatio Public Works Director Houghton and Acting Finance Director Bennett were commended for work performed on refuse collection contract. I Horizon Cluo Mayor Shinpoch noted Joan Walker has resigned from the Horizon Club (Fourth of July Celebration - Liberty Park) and asked for interested volunteers. EXECUTIVE R PORT Mayor Shinpoch announced that today the House Ways and Means Committee directed the State I .A.C. to spend money only .on construction and not on acquisition of park property; therefl re, the awards announced last week by Councilwoman Mathews for tihe Cedar River trail property acquisition, will not be funded by the State Inter Agency Committee for Outdoor Recreation. Marine Patr 1 Mayor Shinpoch noted she will be meeting Wednesday with King' County Lake Washington Executive regarding marine patrol ; the City has committed no' funds to this project at this time. 1 Executive Session Having earlier announced need for Executive Session to discuss litigation against the City, it was MOVED BY CLYMER, SECOND HUGHES, COUNCIL MEET IN EXECUTIVE SESSION. MOTION CARRIED. 9:00 P.M. ADJOURNMENT The Council returned to regular session. Roll was called. All Council Members were present. IT WAS MOVED BY CLYMER, SECOND BY HUGHES, MEETING ADJOURN. CARRIED. 9:45 P.M. Az,,,, Delores A. Mead, C.M. . City Clerk • PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT March 22, 1982 LATECOMER AGREEMENTS FOR TRAFFIC SIGNALIZATION IMPROVEMENTS (Referred 2-1-82) The Planning and Development Committee has reviewed the matter of latecomer agreements for traffic signalization improvements in the Building Code and recommends that the subject matter be referred to the Ways and Means Committee for dra=ting of proper legislation. ADULT ENTERTAINMENT LAND USE (Referred 3-15-82) The Planing and Development Committee has once again reviewed the matter of regulation of adult entertainment land uses and recommends that such matter be cons'dered by the full Council . Randy Rockhill , Chairman John Re' d I � I \ I Robert ughes ler I � I I I I �, q i T spylv ( 5C A fidavit of Publication STATE OFIWASHINGTON COUNTY OF KING ss. . Audrey- DoJ0:.0 gduly e 'being first sworn on oath,deposes and says that :3 ]e is the chief clerk of THE DAILY RECORD CHRONICLE,a newspaper published six(6)times a . week.That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four(4)times a week in Kent,King County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published,to-wit,King County, Ordinance No® 3629 Washington.That the annexed is a 7 as it was published in regular issues(and not in supplement form of said newspaper) once each issue for a period 1 of 1 consecutive issues,commencing on the _ F th day of ML c7 ,19 62 ,and ending the • 7 tbday of Lay ,19 �� ,both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee 219.60 charged for the (foregoing publication is the sum of $ , which has been paid in full at the rate of per folio of one hundred words for the first insertion.and per folio of one hundred words for each subsequent I insertion. G' G�2T/ c � �� . . Ghie:f Clerk i 12tto I Subscribed and sworn to before me this day of 1 3.-i l.iy 32 ' , 19 / (..../(zesezZ W.. ! Notary Public in an or the State of Washington, residing atCent,King County. 1 Federal quay —Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th, 1955. —Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. V.P.C.Form No.87 Rev.7-79 • • • 1 I 1I .• I•. .CITY OF RENTON,WASHINGTON, the commercial viability of the commu ' nanc::df any business, building or use which viola '>any ORDINANCE N0,3629 -~---•,,, 16'. .Location of adult entertainme �id uses within' City, cal Renton ordin } or statute of the St ,a, of AN ORDINANCE OF THEo CITY OF/ NTON, • walking distance•off churches and oth .cligious facilities Washington_regarding. ,,tic nuisances, sexual c I'fuct, __.'.: ASHINGTON RELATING TO LAND. E_, AND• will have an•adverse effect'upon tht{r•ministry of such lewdness,or obscene or harmful.matter or the oxhiib 1IQia'or ZONING • S , churches and.will discourage attendance at such churches g public,display thereof. . WHEREAS,on April 13,1982,the City Council of the City, by the proximity'of adult entertainment land uses. SECTION III:Existing subsection(A)(2)of Section! -735 of Renton adopted Ordinance No.3526,which Ordinance 17. A reasonable regulation of the location of adult 'of Title IV(Building Regulations) of.Ordinance No 1628 was approved by the Mayor on April 13,1982,and became entertainment land uses will provide for the protection of the entitled"Code of General Ordinances of the City of R'aiSton' effective by its own terms on June 14;,1982;and • image of the community and its property values,and protect is hereby amended to read as follows: WHEREAS,it was the intention of the City Council of the "the residents of the community from the•adverse effects of 2. One thousand feet(1,000') of any public or-'•1,,i'ivate City of Renton in the adoption of that Ordinance to rely upon , such adult entertainment land uses,while providing to those school, the opinion'of the United'States Supreme Court in the case who desire to patronize adult entertainment land uses such SECTION IV.City of Renton Ordinance No. 3�1,j 6 is of Young v..American Mini Theaters,427 US 50,and of the an opportunity in areas within the City which are appropriate hereby amended by adding the following'section to rtul d as Supreme Court of the State of Washington in the case of for location of adult entertainment land uses. follow's: Northend Cinemas v. Seattle, 9t)Wn 2d, 709,to limit the 19.The community will be an undesirable place to live if it If any section, subsection, sentence, clause, phrit,e or location of adult motion picture theaters, as that term is is known on the basis of its image as the location of adult any portion of this ordinance is for any reason held o be defined therein, to promote the City of Renton's great entertainment land uses. invalid or unconstitutional by the decision of any ciS iiyrt of, interest in :protecting and preserving the quality of its 20.A stable atmosphere for the rearing of families cannot , competent jurisdiction, such decision shall not affeliA the neighborhoods, commercial districts, and the quality of be achieved in close proximity to adult entertainment land validity of the remaining portions of this ordinance.Tr:1 City . urban life through effective land use.planning;and uses. Council of the City of Renton hereby declares that it would WHEREAS, the City Council, through its Planning and 21.The initial location of adult entertainment land uses will have adopted City of Renton Ordinance No.3526 an'I each Development Committee,held a public meeting on March 5, lead to the location of additional and similar uses within the section, subsection, sentence, clause, phrase or urtion 1982,to receive testimony from the public concerning the same vicinity, thus multiplying the adverse impact of the thereof irrespective of the fact that any one or more set�'bons, subject of regulation of adult entertainment land uses, at initial location of adult entertainment land uses upon the subsections, sentences, clauses, phrases or portidr' be which the following testimony was received which the City residential,churches,'parks and other public facilities,and declared invalid or unconstitutional. Council believes to be true,and'which formed the basis for schools,and the impact upon the image and quality of the SECTION V:If any section,subsection,sentence,c.f use, • • the adoption of Ordinance No.3526: character of the community. phrase or any portion of this ordinance is for any reasc r^held 1. ;Areas within close walking distance of single and and to be invalid or unconstitutional by the decision of anp court multiple family,dwellings should Be free of adult entertain- WHEREAS,since the adoption of Ordinance No.3526,it of competent jurisdiction,such decision shall not affi:t the I ment land uses. has come to the attention of the City Council of the City of validity of the remaining portions of this ordinance.Tt I;City 2. ;Areas where children could be expected to.walk, -Renton that it would be appropriate to set forth in writing the 'Council of the City of Renton hereby declares that it !ould , patronize or recreate should be free of adult entertainment findings of fact which were the basis for the adoption by the have adopted this ordinance and each section,subs 41tion, land uses. City Council'of Ordinance No.3526;and . sentence,clause, phrase or portion thereof irrespec;'ya of • 3. Adult entertainment land uses should be located in• WHEREAS,the city Council finds that,in order to choose the.fact that any one•or more sections, subse lions, areas of the City which are not in close proximity to the least restrictive alternative available to accomplish the sentences,clauses,phrases orportions be declared'a alid residential uses,churches,parks and other public facilities, purposes for which Ordinance No.3526 was adopted,and or unconstitutional. • . II and schools. to include a severability clause which was inadvertently SECTION VI:The City Council of the City of Rent°,,,inds 4. The image of the City of Renton as a pleasant and omitted from Ordinance No.3526,and to make certain other and declares that an emergency exists because 1, the attractive place to reside will be adversely affected by the technical amendments to Ordinance No. 3526, that it is pendency of litigation against the City of Renton in ;II ving presence of adult entertainment land uses in close proximity necessary for the City Council to adopt legislation amending the subject matter of this ordinance,and potential ha•II ty of ' to residential land uses, churches,parks and other public Ordinance No.3526 to accomplish the foregoing purposes; the'City of Renton for damages as'pleaded in that liti•I:lion, facilities,and schools. and • and that the immediate adoption of this ordina I:e is 5.Regulation of adult entertainment land uses should be WHEREAS, the City Council, at its duly called special necessary for the immdiate preservation•of public'!;eak, developed to prevent deterioration and/or degradation of the meeting.on February 25, 1982,held a public hearing upon health,and safety or for the support of city governme II and vitality of the community before the problem.exists,rather the subject matter of land use regulations of adult motion its existing public institutions and the integrity of the' I,ping than in response to an existing problem. , • pictures within the City of Renton,at which public hearing of the City of Renton.Therefore;this ordinance'sha l'ake i 6. Commercial areas.of the City patronized by young the City Council received comments from the public on that effect immediately upon its passage and approval 'I the people and children should be free of adult entertainment subject matter at which the following testimony was mayor. • land uses. received, which the City Council believes to be true, and PASSED BY THE CITY COUNCIL this 3rd day o'l ay, • 7.The Renton School District opposes a location of adult which,-together with the findings heretofore set forth as the 1982. • j entertainment,land uses within the perimeters of its policy basis for the adoption of Ordinance No.3256,form the basis Delores A. Mead,City'li lark regarding bussing of students,so that students walking to ' for the adoption of this Ordinance: APPROVED BY THE MAYOR this 3rd day of May, '1 82. school•will.not be subjected to•confrontation with 'the 1.Many,parents•have chosen the City of Renton in whic• h Barbara Y.Shinpoch, !1 yor existence of adult entertainment;land uses. , •. to raise their families because of the lack of pornographic Approved as to form: , ' I 8.The Renton School District finds that location of adult entertainment outlets with its influence upon children Lawrence J:Warren entertainment land uses in areas of the City which are in external to the home. City Attorney • close;proximity to schools, and commercial areas pat- 2.Location of adult entertainment land uses On the main 'Published in the Daily Record Chronicle May 7, '1,'82.I ronized by students- and young people, will have a commercial thoroughfares of the City gives an impression of i R8016 .detrimental effect upon the quality of education which'he legitimacy tie,and causes a loss of sensitivity to the adverse •School District is providing for its students. affect of pornography upon children, established family - _ l• I 9. The Renton School.District finds that education of its relations, respect for marital relationships and for the students will be negatively affected by location of adult sanctity of marriage relations of others,and the concept of I I entertainment land uses in close proximity to location of • non-aggressive consenual sexual relations. schools. N .• 3.'Citizens from other cities and King County will travel to 10.Adult entertainment land uses should be regulated by Renton toview adult film fare away from areas in which they zoning to separate it from other dissimilar uses just as any are known and recognized. other land use should•be separated from uses with 4. Property values in the areas adjacent to the adult characteristics different from itself, entertainment land `"uses will decline,thus-causing a blight 11.Residents of the City of Renton,and persons who are' upon.the commercial area of the City of Renton.9 g non-residents but use the City of Renton for shopping and PP 9 5. Location of adult entertainment landusesIII within other commercial needs,will move from the community or neighborhoods,and'commercial areas of the City of Renton • shop elsewhere if adult entertainment land uses are allowed • is disrupting to youth programs such as Boy Scouts,Cub to locate in close proximity to residential uses,,churches, Scouts and Campfire Girls.Many such yOuth programs use • parks and other public facilities,and schools. • the commercial areas of the City as a historical research 12.Location of adult nt e ertainment land uses in proximity y resource.Location of adult entertainment land uses in I c ose 11 to residential uses, churches, parks and other public proximity to'residential uses, churches, parks and other II facilities, and schools, may lead to increased levels of public facilities and schools is inappropriate. I criminal activities, including prostitution, rape, incest and 6. Location of adult entertainment land uses in close I ' assaults in the vicinity of such adult entertainment land uses. proximity to residential uses, churches, parks and other 13. Merchants in the commercial area of the City are public facilities,and schools,will cause a degradation of the • concerned about adverse impacts upon the character and community standard of morality.Pornographic material has quality of the City in the event that adult entertainment land a degrading effect upon the relationship between spouses. uses are located within close proximity to residential uses, NOW THEREFORE,THE CITY COUNCIL OF THE CITY. Il churches, parks and other public facilities, and schools. OF RENTON,WASH. DO ORDAIN AS FOLLOWS: Location of adult entertainment land uses in close proximity • SECTION I: Existing Section 4-702 of Title IV(Building to•residential uses, churches, parks and other public Regulations) or Ordinance No. 1628 entitled "Code of facilities,and schools,will reduce retail trade to commercial General, Ordinance of the City of Renton" is hereby uses in the vicinity,thus reducing property values and tax ' amended by adding the following subsections. I revenues to the City.Such adverse affect on property values "Used"The word"used"in the definition of"Adult motion • will cause the loss of some commercial establishments picture theater" herein, describes a continuing course of • followed by a blighting effect upon the commercial districts. conduct of, exhibiting "specific sexual activities" and within the City, leading to further deterioration of.the "specified anatomical area in a manner which appeals to a 1 • commercial quality of the City. prurient interest. 14. Experience in numerous other cities, including SECTION II: Existing Section 4-735 of Title IV(Building Seattle, Tacoma and Detroit, Michigan, has shown that Regulations) of Ordinance No. 1628 entitled "Code of location of adult entertainment land uses degrade the quality General' Ordinance: of, the City of Renton" is hereby of the areas of the City in which they are located and cause a amended by adding the following subsections: blighting effect upon the city.The skid row effect,which is (C) Violation of .the use provisions of this section is evident in certain parts of Seattle and other cities,will have a declared to be a public nuisance per se, which shall be significantly larger affect upon the City of Renton than other abated by City Attorney by way of civil abatement I 1 major cities drag to the'reiative sizes oi'titt;cities. ' procedures only;and not by criminal prosecution. 1 S.Hp evidence has been presented to show that location (D) Nothing in this section is intended to authorize, of adult enterteinn rant land used within the City will improve legalize or permit the establishment, operation or mainte- I I II I 11 II l II • II • 1 I r RENTON CITY COUNCIL Regular Meeting January 25 , 1982 Municipal Building Monday , 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF EARL H. CLYMER, Council President; THOMAS W. TRIMM, NANCY L. COUNCIL MEMBERS MATHEWS, JOHN W. REED, RICHARD M. STREDICKE, RANDALL ROCKHILL AND ROBERT J . HUGHES. CITY OFFICIALS. BARBARA Y. SHINPOCH, Mayor; LAWRENCE WARREN, City Attorney; IN ATTENDANCE DELORES A. MEAD, City Clerk; MICHAEL PARNESS, Administrative Assistant; LT. DONALD PERSSON, Police Department; BATTALION ' CHIEF JAMES MATTHEW, Fire Department; M. MOTOR, Recorder. MINUTE APPROVAL MOVED BY CLYMER, SECOND HUGHES, ADOPT COUNCIL MINUTES OF JANUARY 18, 1982 AS PRESENTED. MOVED BY STREDICKE, SECOND REED, AMEND MINUTES PAGE 3 WAYS AND MEANS COMMITTEE REPORT: FICA Dues over $30,000; Entranco Engineering fees over $8,000. AMENDMENT CARRIED. Motion as amended, CARRIED and Minutes approved. AUDIENCE COMMEN Kathy Keolker, 532 Cedar Ave. South, newly elected coordinator of citizens group to fight adult movie theaters in downtown Renton , Citizens reported emergency meeting Sunday of 300 residents and pledged Opposing support of the City's legal battle. (See meeting schedule) . Adult Theaters Mrs Keolker urged citizen unity and noted Lindberg PTSA as joint sponsors. Nancy Osborn, 17015 129th SE and Gwen Smith, 1724 Jones Dr. , Renton , Co-Presidents of Lindberg High School PTSA. presen;ted petitions and letters bearing over 940 signatures of citizens con- cerned over proposed opening of adult movies in downtown Renton, stating these citizens are not a minority and will not be silent. Charlotte Kegley, 1032 Redmond , Pres. of Renton PTSA and concerned • citizen pledged support of City's enforcement of Ordinance No. 3526. Mary Mattson, 7273 S 138th, Seattle, commended Officials in their foresight in adoption of the ordinance. LeAnne Johnson, 1739 NE 6th St. , Chairman Renton Area Campfire Girls Inc. , supported Mayor and Council in ordinance enforcement. Joan Walker, 1433 Monterey Ave. NE, made inquiry. Charles Seitz, 14113 141st Crf. SE, made inquiry re legality of proposed adult theaters, reporting opposition. • Continued Mayor Shinpoch and City Attorney Warren explained court case had been filed against the City (See later Correspondence) . Council Member Stredicke noted the matter of the adult theaters was discus- sed in executive session and Council has determined to support the ordinance. City Attorney Warren cautioned discussion of contro- versial items due to pending litigation. • CONSENT AGENDA The following items are adopted by one motion which follows the business matters included: Annexation Fees Policy Development Department presented proposed filing fees for annexation applications and recalled City Resolution 2429 adopted 11/16/81 establishing procedures for review of annexation applica- tions. The letter recalled proposed filing fees for l0%. and 75% petitions and stated the Planning and Development Committee recom- mended $200 for l0% petition and $300 for 75% petitions. The letter noted fees would cover cost of Staff time and recommended referral to the Ways and Means Committee. Renton District Letter from the Executive Office requested approval of lease Court Lease extension for the Renton District Court and requested authorization for the Mayor and City Clerk to sign, subject to approval Of the City Attorney. Council concur. Renton City. Council 1/25/82 Page 2 Consent Agenda - Continued Bid Opening Letter from City Clerk Mead reported 1/12/82 bid opening for Puget Drive LID #322 Improvement of South Puget Drive and Benson Rd . Improvement Nine bids received. See Attachment. Refer to Transportation Committee. Consent Agenda MOVED BY CLYMER, SECOND ROCKHILL, ADOPT THE CONSENT AGENDA Adopted AS PRESENTED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Court Case Playtime Theatres , Inc.. and Kukio Bay Properties, Inc. filed Playtime I Court Case against the City and Mayor Shinpoch, Earl Clymer, Theaters , Inc. Robert Hughes, Nancy Mathews, John Reed, Randy Rockhill , Richard Stredicke and Tom Trim as members of the City Council , served on Delores Mead, City Clerk and Jim Bourasa as acting Chief of Police. Summons and Complaint No. C82-59M for declaratory judgment and preliminary injunction was filed against Ordinance No. 3526 alleging unconstitutionallity and repugnant to the rights of the plaintiffs under the First, Fourth, Fifth, Sixth and Fourteenth Amendments to the Constitution of the United State's. MOVED BY CLYMER, SECOND HUGHES, REFER TO THE CITY ATTORNEY. CARRIED. Citizen Against Letter from Erling D. Rue, 2012 Dayton Ct. SE, opposed pornographic Pornography movies in Renton and thanked the Mayor and Council for fine job. OLD BUSINESS Council President Clymer made. arrangements for council picture for brochure to be distributed at council meetings. Community Community Services Committee Chairman Reed presented committee Services report recommending referral to the Administration: (I ) Policy Street Vacation for street vacations of other cities; (2) Land value - assessed Policy value vs. previous sales; (3) Effect of easements on land value; (4) Ramifications of differing land uses abutting .a proposed vacation site. Referral for recommendations and report back to Council . MOVED BY REED, CONCUR IN COMMITTEE REPORT. CARRIED. Ways and Means Ways and Means Committee Chairman Stredicke submitted committee Committee report noting review of change of alignment of SW 27th Street LID #314 as it abutts the City' s wetlands property. In original design SW 27th Street of the LID, the proposed street ran north and required condemna- Roadway tion from northern property owner only. Under the realignment, the Realignment street will be east/west crossing and requiresequal property from northerly property owner and City of Renton, wetlands property owner. The initial design was a selection by Staff and not a legis- lative determination, however, review is to keep Council informed. The committee recommended the Administration proceed with the re- alignment proposal . MOVED BY STREDICKE, SECOND HUGHES, CONCUR IN THE COMMITTEE REPORT. CARRIED. MOVED BY STREDICKE, SECOND MATHEWS, Wetlands THE MATTER OF CITY OWNED WETLANDS PROPERTY BE REFERRED TO THE POLICY DEVELOPMENT DEPARTMENT FOR RECOMMENDATION TO COUNCIL RE POSSIBLE RELOCATION OF WETLANDS AND/OR RETAINING TOTAL AREA OR A DOLLAR EQUIVALENT IN THAT FUND SHOULD CHANGE BE MADE IN BOUNDARIES. MOTION CARRIED. Ways and Means The Ways and Means Committee recommended concurrence in the Mayor's Committee reappointment of Versie Vaupel to the Planning Commission for a Planning three-year term effective through 1/31/85. MOVED BY STREDICKE, Commission SECOND ROCKHILL, COUNCIL CONCUR IN THE REAPPOINTMENT OF MRS. VAUPEL Reappointment TO THE PLANNING COMMISSION. CARRIED. Voucher Approval The Ways and Means Committee recommended approval for payment of Vouchers No. 37570 through No. 37899 in the amount of $803,300.29 having received departmental certification that merchandise and/or services have been received or rendered; plus LID #322 Revenue Warrant R-11 in amount of $1 , 122.63. MOVED BY STREDICKE, SECOND CLYMER, COUNCIL CONCUR IN RECOMMENDATION OF COMMITTEE AND APPROVE PAYMENT. CARRIED. VI' 1 • 1 . 1 I I I A 1 1 1 I 2 3 4 $fl2324 , 'C-, ., 9�2 5 i pN 151iP� dIii0 ..: 7 c- A CU . 8 /0 $LgCP UNITED STATES DISTRICT COs 1 - FOR THE WESTERN DISTRICT OF WASHINGTON 9 1 10 PLAYTIME THEATRES , INC . , a ) Washington corporation , and KUKIO ) 11 BAY PROPERTIES, INC . , a Washington) C 82corporation , NO. Dmi 5 OM 12 Plaintiffs , ) SUMMONS 13 vs . ) 1 ) I 14 THE CITY OF RENTON, ) ) I 1 15 and ) THE HONORABLE BARBARA Y. SHINPOCH, ) I 18 as Mayor of the City of Renton , ) , 17 and ) 18 ) EARL [CLYMER, ROBERT FHUGHES , NANCY ) 1 1 19 MA'THEWS , JOHN REEL), RANDY ROCKHILL) RICHARD STREDICKE AND TOM TRIMM, ) 20 as members of the City Council of ) i the City of Renton ; serve on : ) 21 DELORES H. MEAD, City Clerk , ) ) I 22 ) and ) 23 ) JIM IOURASA, as acting Chief of ) I 24 Police of the City of Renton , ) ) ! 25 ) Defendants , jointly and ) 26 severally , in their ) representative capacities ) 27 only . ) 28 ----- -- -- ) 1 TO TEE ABOVE NAMED DEFENDANTS : I 29 YOU ARE HEREBY SUMMONED and required to serve upon Hubbard , 30 Burns & Meyer , plainti. Efs ' attorneys , whose adderss is 110604 N. E. I 31 I ATTORNEYS AT LAW 1 Hubbard, Burns & Meyer Summons A PROFESSIONAL SERVICE CORPORATION I Page 1 10604 N.E. loth Place, Suite 105 l Kirkland.Washington 98033 (2(6I 8211-1616 I 1li City of Renton NOTICE OF PUBLIC HEARING SPECIAL MEETING Renton City Council I ' Thursday , February 25 , 1982 NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 25th day of February, 1982, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building, 200 Mill Avenue So. , Renton, Washington, as the time and place for a Special Meeting to hold a Public Hearing to consider Land Use Regulations of Adult Motion Picture Theatres within the City of Reston; and any other business as may come before the Council . Any and all interested persons are invited to be present . CITY OF RENTON Delores A. Mead, C. C. City Clerk DATE OF PUBLICATION February 5, 1582 I i I I • I (C,I 1 r I � • • . I I , i I I i I • • I I • Law aimedat porn shows ruled i .. .•MINNEPOLIS (AP) — A Minneapolis zoning The ruling came on a lawsuit filed by Ferris ordinance aimed at keeping adult bookstores and X- Alexander,who owns six adult bookstores and four X- rated theaters out of residential areas has been ruled rated theaters in Minneapolis. I unconstitutional by a federal judge. Under the ordinance,as many as 32 of the 36 adult District Judge Diana Murphy said Friday the 1977 establishments in Minneapolis would be in violation in ordinance would force most adult theaters and their present locations, the judge said, and only nine bookstores either to close or move, which would areas would be suitable for relocating the businesses. "substantially restrict access to First Amendment "The court is respectful of Minneapolis' interest in . protected activities." preserving the quality of its neighborhoods, but the -The ordinance requires, all "adult uses" — ordinance may only be upheld if it does not act to sup- theaters, bookstores and massage parlors — to be press the First Amendment activity it regulates," she located at least 500 feet from residential areas, said. I churches, schools and day-care- centers. It also The ruling may be appealed to the 8th U.S. Circui, prohibits thie businesses from locating within 500 feet Court of Appeals in St. Louis, according to Al' I •f each other. Hyatt, an assistant city attorney. � I • I i I I ME@EDWETT FEB 251982 `h I WARREN&KELLOGG By I i I - \ . . ..1 I �'(• / t1' ' OF R4,+� Q\l' cr."' OFFICE OF THE CITY ATTORNEY• RENTON;WAI\SHINGTON ®0 `% ? 'Z POST OFFICE BOX 626 100 2nd AVENUE BUILDING •• RENTON,WASHINGTON 98055 II 255-8678 1 I 6 E'_ LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 94 Qom, DAVID M.DEAN, 'ASSISTANT CITY ATTORNEY 9gTFD SEPSE��� February 24, 1982 MARK E. BARBER, ASSISTANT CITY ATTORNEY TO Earl Clymer, Chairman , I, Renton City Council •� . FR M: Daniel' Kellogg, Assistant City Attorney RE: Introduction to Public Hearing on February • 25, 1982 . II . We would suggest that you open the public hearing on February 25 , I1982 with . an opening statement something along the following . lines : . . - Thil- is a public hearing which has been called by the City Council of the City of Renton for the purpose of receiving. testimony froth interested parties on the subject matter of regulation of adult entertainment land uses within the City of Renton. Persons wishing to give testimony should bear in 'I mind that the Council rules limit remarks to a total of five minutes . Please keep in mind that many persons may wish to sieak and. therefore you should limit your remarks to matters that\have not already been commented upon, if possible. If you desire to. speak,' please come to the microphone and identify yourself by name' and address for the record: Most of you are aware that on April 13, 1981; the City Council adopted Ordinance No. •3526 relating to land use and zoning. _ The o dinance, by. its terms , defines "adult motion picture theaters" and prohibits the location of an "adult motion picture theater" within an area circumscribed by a circle which has . I • a radius consisting of the following distances from the following. • uses and zones : • • 1. 1000 fee't 'of .a residential zone or residential use. I • 2. One mile of any public or private school . • 3. 1000 feet of any church or other religious facility • or institutions • . . I 4. 1000 feet 'of any public park or P-1 zone. . Most of you .are also aware that the City of. Renton and the . member -of the City Council, the' Mayor, City Clerk and Police Chief have been sued in U. S. District Court by two corporations apparently owned by Roger Forbes . Mr. Forbes purchased the . ' \ . Renton Theater and Roxy Theater on January 26, 1981. It\ . . . • , \ _ ,• I III I I 1 I 1 \ appears that the Renton Theater and Roxy Theater fall within the (distances set forth by Ordinance No. 3526 and are therefore I not a lawful location for an adult motion picture theater under the terms of the Ordinance. Mr. Forbes ' suit contends that II the Ordinance is unconstitutional and should be stricken. The City Council and Mayor Shinpoch have instructed our III attorneys to vigorously defend the litigation imposed upon the pity by Mr.. Forbes . We have .authorized our legal counsel to associate an expert in First Amendment litigation involving pornography by the name of James J. Clancy of Los Angeles . We want you to know as interested members of the public that it .islour intention to support the legislation that• we passed �II last April to preserve the character of our community and prevent deterioration of our neighborhoods . .III You will understand that because of the litigation, members II of the Council are not at liberty to make- public comment concer ing these, matters- upon the advice of our attorneys . Theref re, we desire to hear your comments concerning appro- priate regulations of adult entertainment land uses and the affect which you believe they may have upon our community. In particular, we are interested in your comments concerning locations within the City where such land uses may be located III with minimal impact upon the character of our community and minimal deterioration of our neighborhoods . We thank you for your attendance and for your attention to II. these oening remarks . Are there any comments from the public? III _ I • II - I II 11 • III . .Porn ruling oI cou d im a t �t r c c• o dinanc e. Neither Dan Kellogg,Renton assistant than one mile from,any public or private ordinance effective on a previously exist- By GREG ANDERSON city attorney,nor Jack Burns,one of the school. ing use or activity, doesn't apply in City Editor attorneys representing Roger Forbes, such use is now legal. Renton. f A federal court ruling Friday.that who challenged Renton's ordinance in Forbes filed his suit last month after "But the whole idea of suppressing and struck down a Minneapolis zoning ordi- court, had heard of the Minneapolis •purchasing the Renton and Roxy theaters restricting access is involved here. We nance which sought to control the loca- ruling until informed by a -reporter in downtown Renton.Renton's ordinance, continue to take the position that when tion of adult theaters and book stores Wednesday. passed last year, in effect prohibits the You limit access,and say only X number could have a direct impact on the future District'Judge Diana Murphy in Min- showing of X-rated movies at either of locations are available, then you've of a similar Renton zoning ordinance. neapolis said that city's ordinance would theater,something Forbes wants to do at limited access to the marketplace. The 1977 Minneapolis ordinance re- "substantially restrict access to First the Renton Theater. "When you limit access to the marketp- i i Amendment protected activities." The .Kellogg said he didn't think the n- lace, you place a substantial burden on quired that all "adult uses," including j theaters, book stores and massage par- udge also said that only nine areas would neapolis ruling would have a direct •the First Amendment activity," Burns lors, be located at least 500 feet from be_suitable for relocating existing adult 'impact on the city's case. But he added, said. residential areas, churches, schools and use businesses in the city under the "I'm sure we're going to hear about it." Burns said he would be inspecting the day-care centers. ordinance. He probably is right. ' Minneapolis decision closely for any Though no business was affected by Burns, representing Forbes, said the application in the Renton case. Renton's ordinance,which already has Renton's ordinance at the time it was Minneapolis case"just sounds like many "Now that you've told me,I will get that ! been challenged in U. S. District Court, passed,one of the contentions of Forbes' of the other cases we already have cited case and add it to our quiver of arrows to requires that adult theaters be located attorneys is that Renton's ordinance in our briefs to the court." shoot at Renton. It's sounds like another not closer than 1,000 feet from any restricts access to any adult theater Burns said "grandfathering" of an of a number of cases we have which say I dwelling,church or park,and not closer because of the location of land on which ordinance, which entails making a new essentially the same thing,"he said. t, •1' 9 . nb PAT) n L Sunday, Februar,�1 , 1982 i , C I Ity,_ topush1 • , H , . • , , . . • orno cas . . in . , . ,locaicourt theaters around the state,purchased By GREG ANDERSON the Roxy and Renton theaters in City Editor downtown Renton.He announced his Renton's city attorneys sought to intention to start showing X-rated take the offense Friday in their movies at the Renton Theater, on battle against porno king Roger South Third Street. , Forbes by making a move to change On Jan.21,Forbes filed suit in U.S. ' the field of battle from U.S.District District Court in Seattle,challenging --__ Court to King County Superior the constitutionality of Renton's Court. adult theater ordinance. That ordi- The attorneys Larry Warren and nance prohibits the showing of X- j Dan Kellogg,think they have a better rated movies near churches,schools„ I ' chance of defending Renton's anti- dwellings and parks.Under the ordi- ' pornography zoning ordinance in nance, neither the Roxy nor Renton Superior Court than District Court theaters would qualify because they "because this is a land-use and both are near churches and schools. , zoning matter, not 'a constitutional Forbes suffered a setback,howev- issue,"Kellogg said. er, when U. S. Magistrate Phillip ' "The state courts are in a better Sweigert recommended Jan.29 that position to construe local zoning Forbes not be granted a restraining laws. They are sworn to uphold the order which would have allowed him • ' Constitution, too, so there is no to start showing X-rated movies "• I reason not to he in state court," while his suit is heard in court.U.S. Kellogg said. District Court Judge Walter ' The battle began last month when. McGovern is due to issue a final ! , Forbes, who owns a chain of adult (Continued on page A3) Y _____ . — -----. Taking porn to court . . . . i (Continued from page Al), appellate court is much more used to dealing with constitution-, decision on that recommendation March 5. al matters than local land-use and zoning matters. ' Renton's attorneys,however,apparently have decided not to If the case switches to King County Superior Court,and an fight their way through the federal court system. 'appeal is filed by either party,the case goes through the State "We filed for a declatory judgment in Superior Court Friday Court of Appeals and State Supreme Court. to have a judge tell us whether our ordinance is valid and • whether it applies to'his(Forbes)proposed land-use,"KelloggIf an appeal iscourtresd sfystem, the final arbiter party in eitherhethe pp � p federal or state system, final arbiter is the U. S. explained.,He said he and,Warren would file an action in U.S. Supreme Court though Kellogg , District Court Monday to ask that Forbes'suit in that court be g said he doubts that court would dismissed. hear the case. "We'll go to federal court now and say there is a state action . Meanwhile,Warren and Kellogg have hired their own legal now,and that we feel that is a more appropriate place to hear gunfighter to,duel with Forbes'team of Kirkland attorney Jack this matter since it is a zoning and land-use issue,"Kellogg said. Burns and Los Angeles Attorney Robert Smith.Smith is known' If the case remains in federal court,and McGovern's decision nationally for his defenses in pornography cases,and success- is appealed by either party,the Ninth Circuit Court of Appeals fully defended the showing of the pornographic movie Deep in San Francisco would hear the appeal. Attorneys say that Throat in Tennessee a decade ago. I -- -- — I I Attorney favó$ 1abatement laws , 1 In• . porno battle By GREG ANDERSON City Editor Though James J. Clancey has been hired to help defend Renton's anti- pornography ordinance, he still thinks there is a better way to control the • showing of pornography in a community. I Renton's ordinance basically is a zoning ordinance.But unlike most other zoning ordinances,Renton's law dealing with adult theaters says where such , I • businesses can't operate rather than where they can. The ordinance does this by specifying that adult theaters can't be located ' within specific distances of churches, schools, parks and dwellings. The 1 ordinance may be refined to include natural barriers following public hearing on such a proposal Thursday night at Renton City Hall. i Use nuisance,abatement laws- 1 But Clancey much prefers to use public nuisance'and abatement laws to control pornogrpahy. "That way,you can unload all the city's attorney fees on the other guy if you win,"he cheerfully said Monday. 1 I "Over the past 10 years,I've been involved in a lot of public nuisance and I abatement type lawsuits.They are civil lawsuits,and the idea is to abate,or close adult bookstores and theaters. I have one such case before the U. S. Supreme Court now which is about to go to argument. ' "That case came from the Idaho Supreme Court, which ruled such • ordinances are constitutional,"he said. 1 Clancey said he prefers public nuisance ordinances over zoning ordinances ' as a way to deal with pornography"because it's a better way to get at the heart 1. of the problem. Doesn't like zoning approach "I don't like the zoning approach.It's benefit is so narrow that it doesn't get I at the heart of things.That's one way of getting on top of the problem,but the i time involved in getting a decision often is more than is warranted. "I like•the nuisance approach better. If you examine appellate court 1 decisions,you find a tremendous amount of litigation on the zoning approach. Much of it is nitpicking,and constitutes much spinning of wheels,though I'm not saying that will be the result in Renton. "But the real problem is how do you deal with pornography? How do you I stop it? One of'the better ways is to do it through the abatement approach, 'which saddles all-the cost of legal fees on them if they lose. •1 "The Idaho court ruled that after you close a theater down,you can assess all costs against the theater that caused the public nuisance.That's one way to • approach the financial burden of a city's defense on the agency that created • • the problem." , Developed in Detroit ' Clancey said it is ironic that the zoning approach was developed in Detroit _ several years ago only after the Michigan Supreme Court ruled the nuisance , approach unconstitutional. That decision was rendered,Clancey said,after two liberal judges were appointed to the court. ' "The Idaho Supreme Court decision was unanimous,so we feel we have a much better chance with the U. S. Supreme Court now. "If closure through abatement is decided to be constitutional,it will be a , tremendous remedy," Clancey said. - - j ■ ryBattle drawn in wa . movies at the Renton Theater,on South Third Street. knew the city had hired Clancey,.and therefore wasn't -of federal court and into local.courts has been a strategy By GREG ANDERSON Location ruled out totally surprised at the turn of events. City Editor Renton's ordinance rules out that location as a site for "Mr. Clancey has a lot of experience with the First of his for a long Like other ttles It didn't take long for James J. Clancey to make his an adult theater because it is near a church,and school. Amendment. Renton's action •(to use the state courts) country,Renton's c as pover romises oob a le arond the y confus- It presence known in Renton. Clancey, Warren and-Kellogg all believe they have a therefore doesn't surprise me; I know what they are ing,intricate affair. 60,is a Los attorney who has the better chance of defending the city's ordinance in the trying to do." past Clancey,8 years fighting Angelesg pornographye throughouto hasspent the state court system "because that is a more appropriate Burns said she believes Renton filed the action in Twou court s no involved country. I"t was Clancey who suggested to Renton's city place to consider a local zoning ordinance,"Clancey said Superior Court so the city could cite that action as a court calendar is crowded systems Marche involved. And the attorneys they defend their local anti-pornography Monday. reason for dismissing Forbes' suit in District Court. ordinance thati the statede courtp rather than the The addition of Clanceyto the Renton battle means two Asked if he thought he would have a better chance with scheduled duled to makea decision u ngForbes r McGovern is req request for a dal court she where it systemy is. nationally prominent attorneys long active in obscenity the federal courts than the state courts, Burns replied, temperary restraining order against enforcement of As a Warren and Kellogg,Renton's cases now are involved. "We filed our original action in the federal court,didn't attorneys,result,e, fil Larryd for a declaratoryendDan judgmentForbes, who already was represented by Kirkland we.?" Renton'sadyhas recommended U.S.thatForbese Phillip Sweigert in King attorney Jack Burns, also hired Robert E.Smith.Smith already ch recommended Fost rbes'request be denied. -County Superior Court Friday, asking that court to Confident case won't be dismissed County the coo da valid.sk ordinance to has defended the showing of a number of adult movies Burns said he is confident Forbes' case won't be District Court 2be dismissed willbeaheard by either prohibitsclare the showingity's of ordinance moviesThat near dinance around the country, basing his cases on the First dismissed from District Court, and hoped he wouldn't Sweigert or McGovern. hohches,parks and dwellings. Amendment right of free speech. have to fight the same cause both in District and Superior And on March 19,Sweigert is scheduled to hear Forbes' The of that has been other number of times overueled the ynacourt. against each courts. constitutionalityio II. District Courtordinanceby Roger Forbes. "It seems a duplication and a waste of time and energyrequest est forcity's pli ordinance.nce injunctionrinary i enforcement challengedbes No surprised by events remainof the effect t for much preliminary injure:ion can purchased the Roxy and Renton theaters in Burns said Monday he wasn't aware of Renton's latest they will havve to e with it,"Renton saidchosen its path and atemporary in restraining a n longer period of time than can downtown Renton last month,and wants to show X-rated court strategy until informed by a reporter.But he said he Clancey'said Monday that getting obscenity actions out a resRelated order. A_ .-. - _ (Related story on page A2) _ I I I. I , h WARREN & KELLOGG, P.S. ATTORNEYS AT LAW LAWRENCE J. WARREN 100 SOUTH SECOND STREET TELEPHONE DANIEL KELLOGG ! (206) 255-8678 POST OFFICE BOX 626 MARK E. BARBER RENTON, WASHINGTON 98057 March 4, 1982 I I I I ! I i I Ni . James J. Clancy Attorney at Law 9Q55 LaTuna Canyon Road Sun Valley, California 91352 Re : City of Renton vs Playtime Theatres I I � Dear Jim: I I I I enclose a copy of the Notice of Appearance which we have received from Mr. Burns making a general appearance on behalf of Playtime Theatres , Inc. , and Kukio Bay Properties , Inc. , in our State Court action. � I Having instituted this action, it is my opinion that we should take no further action to advance the State Court litigation. It seems to me that in the event we are successful and obtain dismissal in the Federal Court action that we should leave it up to Mr. Forbes to press the State Court litigation. I I Please let me- know your thoughts in this matter. � I Very truly yours , i I I i Daniel Kellogg DK:kh cc: Barbara Y. Shinpocb, Mayor Council Members Dave Clemens City Clerk ! I I I , a ..' OF R4, OFFICE OF.THE CITY ATTORNEY • RENTON,WASHINGTON U `/ POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-18678 Q �'"' ^ LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY DAVID M. DEAN, ASSISTANT CITY ATTORNEY 0,9gT�D SEP1P March 3, 1982 MARK E. BARBER, ASSISTANT CITY ATTORNEY TO: B� I arbara Y. Shinpoch, Mayor Members of City Council FROM: Daniel Kellogg, Assistant City Attorney RE : Playtime Theatres vs City of Renton On March 1, 1982, I was contacted by Jack Burns , the attorney ) for Mr. Forbes , and he requested that the hearing on our Motion to Dismiss and the hearing on the Preliminary Injunction be comb lned on March 19 , 1982 , apparently to acco�uuiodate Mr. Smith's presence in Court. I declined to do so , and he informed me that he would ask the Court to order the consolidation of those hearings without my consent . i I immediately called the Federal Court to advise the Magistrate's office of our position and the reasons therefor and found that Mr. Burns was already on the line. Later in the date I received a telephone message from the Magistrate's office stating that' despite Mr. Burns request that the Court had declined to consolidate the matters for hearing. Even better news , the Magistrate had continued the hearing date on the Motion for Preliminary Injunction until after the decision is made upon the jurisdiction question. Thus , for. Mr. Burns ' trouble, he now has no hearing date on his Motion for a preliminary injunction. We obviously have no way of knowing what this means from a tactical standpoint . However, as Mr. Warren pointed out , this is certainly not bad news to our side. We will keep you informed of developments . � I 1 Daniel Kellogg DK:nd � I cc: ( City Clerk ' David Clemens I I I OF R4,4, A, OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON a U 41 h Z POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255 8678 0 LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT (CITY ATTORNEY '550 CD' DAVID M. DEAN, ASSISTANT CITY ATTORNEY 9�TFD SEPC March 3 , 1982 MARK E. BARBER, ASSISTANT CITY ATTORNEY 1 TO: Barbara Y. Shinpoch, Mayor Del Mead, City Clerki/" 1 Council Members David Clemens Ron Nelson FROM: Daniel Kellogg, Assistant City Attorney RE: Substitute House Bill #1006 This Substitute House Bill #1006 is the proposed legislation which would create a cause of action for owners of property who have filed an application for governmental approval for use of their land in the event that the denial of that approval is deemed to be arbitrary, capricious , unlawful, in excess of lawful authority, or for failure to act within time limits established by law. Unintentional , procedural or ministerial errors of a public entity are excluded. The bill would give) the affected property owner the right to sue the municipality for. damages incurred as a result of the wrongful regulation 'of the property by the municipality. In addition, the property, owner may be entitled to recover reasonable costs , expenses and losses incurred between the time the cause of action arises and the time the owner is granted relief. This creates a cause of action for a person appealing from a1 decision of the City Council to recover damages in the eventl that the Superior Court ultimately decides that the City Council did 'act in an arbitrary, capricious , or unlawful manner. The Court is also granted discretion to award reasonable litigation expenses , including attorneys ' fees , appraisal fees , costs of record reproduction and transcription, and the costs of appearance of witnesses . Subsection 6 of Section 3 of the Bill provides as follows : "This chapter does not create a cause of action when the affected property interest involves the following uses of property: Adult bookstores , adult movie theaters , body painting studios , massage parlors , bathhouses , or saunas . " • t 1 i As noted in my, attached letter to Mr. Hempelmann, I am satisfied that the definitions of "adult bookstore" and , "adult movie theaters" will not withstand constitutional ] scrutiny since they are so vague that a bookstore owner or operator of a theater cannot be expected to be able to . determine whether his proposed land use comes within the exclusion or not. I recently had a lengthy telephone conversation with two lobbyists front the Washington Association of Realtors who have strongly supported this Bill. I discussed with them my strong concerns of the effect that this legislation would have upon municipalities such as the City of Renton., andmy, conviction that the exclusions for "adult movie theaters" would' be ineffective to bar Mr. Forbes from claiming damages against cities such as Redmond and Renton. I think they were genuinely concerned about the affect of their proposed legislation when we concluded the telphone conversation. However, eachiof you may wish to contact your own favorite legislators in Olympia to show your concern over the proposal on the two basis mentioned above: (1) Potential claims for damages against the City based upon some Judge's "hindsight" review of our land use regulations ; and (2) The ineffective exclusion of "adult" uses . Please keep in mind that persons appealing from our land, use. decisions have, at the present time, a right to have our; deo�isions overturned if, they are able to prove that our decision was arbitrary, capricious , unlawful or in excess of authority. This Bill simply adds the additional hammer of the recovery of damages , attorneys ' fees , appraisal fees and other costs against the City in the event of such a finding by the Court. Daniel Kellogg DK:nd Encl. • ;,•:. . , ,,, . I .. 411P . , . . .. . . . .. . . , . , . . , • , . . ., . , . _., , . . . , . , • . , • , , . ,___, I. , .• • , , . 1 !SUBSTITUTE HOUSE BILL NO. 1006 j • ( I State of Washington by Committee on Local Government (originally spon- 47th1Legislature I sored by Committee on Local.Cove nment and - -.::-.. 19821Regular Session 1 Representatives Sanders, King, R., Barrett, Owen, • • ;� I Chamberlain, Scott, Leonard, Kreidler, Isaacson, ` ;;' I Monohon, Berleen, James, Lewis and Eberle) • :mac. - •Readlftrst time February1l2, 1982, and passed to Committee on Rules for ' second reading. • • - LI 1 adding a new chapter to Title 64 RCW. I .. . . 2 BE IT ENACTED BY THE,LEGISLATURE OF THE STATE OF WASHINGTON: 3 NEW SECTION. Section 1. The legislature finds and , 1 , • 4 declaresl that government respect for private property rights is 1 • 5 a matter of compelling public interest. The legislature also ; • 1 6 finds and declares1 that intelligent employment of land use ' 1 { 7 regulation by the state and its political subdivisions to • 1 8 protect the environment, natural resources, and ecosystems and ; 1 • 9 to insure sound land 'use planning is in the public interest. I 10 1 The legislature further finds that owners of property 1 . 11 interests should be able to use and enjoy their property in ; 1 12 acclydance with regulations adopted by public entities. Acts of: 13 a public entity which are arbitrary, capricious, unlawful, or in 14 excess of lawful authority may result in damage to the use and 1 \,— 15 enjoyment of real property: Such act(s) may not constitute a 16 constitutional tattling, but nevertheless, may interfere with the • i 17 use and enjoyment o,f real property. . I 1 1 : 18 'I NEW .SECTION.I! Sec. 2. As used in this chapter, the terms 1 1 19 in this section shall have the meanings indicated unless the 20 context clearly requires otherwise. • 1 21 (1) "Public entity' means the state of Washington, any `� 22 of its political subdivisions, including any city, • town, or 23 county, and any other public body exercising regulatory 24 authority or control over the use of real property in the state. 25 I (2) "Permit!' means any governmental approval required by. 1 i i 28 law before an owner,of a property interest may improve, sell, ttt I 27 transfer, or otherwise put property to use. 1 } 28 . # (3) 'Property interest" means any interest or right in ( ' . , I -1- SHB 1006 R • ECE EV FEB. 2.. 5 1982, tr I' - 111111 __- . .... Sec. 2 , . • I i . :------. I 1 real property in the state. 2 (4) "Litigation expenses" means all reasonable expenses , -'•-••:".• !----:., 3 and costs incurred in pursuing remedies under this chapter, I . , ..--.,. 4 including filing fees, attorney's fees, appraisal fees, costs of 1 . -43,M i I .--- ::.,-,..• 5 record reproduction and transcription, and the costs of the __.. -_, - 6 appearance of witnesses. I I , . 7 (5) 'Interim damages means reasonable costs, expenses, eillii4N I --.--: ' 8 and losses incurred between the time a cause of action arises . 9 under section 3 of this actland the time the owner is granted I i I 10 relief as provided in section 4 of this act. Interim damages I 1 . 11 must be caused by an act, necessarily incurred, and actually II , 12 suffered, realized, or expended, but are not based upon 1 . I 13 diminution in value of or damage to real property, or litigation I 1 . 14 expenses. I I . 15 (6) 'Regulation" means any ordinance, resolution, or - 6 other rule or regulation adopted pursuant to the authority I 1 17 provided by state law, which imposes or alters restrictions, ' , . - I 18 limitations, or conditions on he use of property. 19 (7) "Act" means a finial decision by a public entity I . 20 which places requirements, limitations, or conditions upon the ' I I 21 use of land in excess of those allowed by applicable regulations I I I . 22 in effect on the date an application for a permit is filed. 23 "Act also means a public entity's failure to act within time I I . 24 limits established by law in response to a property owner's ! I • 25 application for a permit. i*Act" shall not include lawful 26 decisions of a public entity which are designed to prevent a , . 27 condition which would constitute a threat to the health, safety, I 1 1 "kt 1 28 welfare, or morals of residents in the area. l I . 1 1 . 1 ,29 NEW SECTION. Sec. 3. (1) This chapter creates a I legal I . . 30 cause of action for owners of a.property interest who have filed I •-.1 1 1 , 31 an application for a permit to obtain legal relief from acts of I • I . 32 a public entity which are arbitrary, capricious, unlawful, or I I 33 exceed lawful authority or for failure to act within time limits , 34 established by law. , 1 . ! I , 35 (2) No cause of action is created for relief from I I • SHB 1006 • .2. I . 1 . . Sr X . . I . . I . . . . . ..._ i S • Sec. 6 4 1 unintentional,. procedural or ministerial errors of a public 1, • 2 entity. 1 - 3 :(3) Invalidation of any regulation in effect prior to j . 4 the date an • application for a permit is filed with the public i 5 entity !shall not constitute a cause of action under this • E i 6 chapter. f 7 '(4) This chaplter does not create a cause of action when • [ 8 °the owner of a property interest agrees in writing to extensions ; 9 of time, or to the conditions or limitations imposed on an • 10 application for a permit. . 11 • (5) Any action brought.under this chapter which results 12 in an act being adjudged to be unlawful or in excess of lawful i 13 authority shall not entitle an owner of a property interest to . 14 interimldamages unlessIthe court also finds that the final 1 15 decision of the public entity was made with knowledge of its i i 16 unlawfulness or that it was in excess of lawful authority, or it j I 17 should reasonably havel,been known to have been unlawful or in j 18 excess of lawful authority. 1 • 1 I ' 19 (6) This chapter does not create a cause of action when 'i N ' 20 the affected property interest involves the following uses of • 21 property Adult bookstores, adult movie theaters, body painting 1 22 studios,,massage parlors, bathhouses, or saunas. 23 NEW SECTION. Sec. 4. The owner of a property interest I ; 24 affectediby a public entity's act who brings an action under i ! • 25 section 3 of this actIshall.be entitled to an award of interim fi 26 damages whenever the court finds that the act(s) was arbitrary, 27 capricious, unlawful, Ior in excess of lawful authority or that • I1 28 the public entity failed to act within time limits established 1 29 by law. I 30 NEW SECTION. Sec.l 5. In any action brought under this ; 31 chapter the court may award reasonable litigation expenses to ' • I 32 the prevailing party. • 1 33 NEW SECTION. Sec. 6. Any action to assert claims under i 34 the provisions of this chapter shall be commenced within thirty I . •3• SH8 1006 , ---. ' ( , r • it , 1 1 ___ , . _ _ ________ . _._... i . 1 Sec. 6 •_ 1 days from the date upon which the act becomes final under the ; 2 applicable laws. -- . i 3 NEW SECTION. Sec. 7. The remedies provided by this . • 4 chapter are in addition to any other remedies provided by law. I5 NEW SECTION. Sec. 8. If any provision of this act or 6 its application to any person or circumstance is held invalid, i 7 the remainder of the act or the application of the provision to _ 8 other persons or circumstances is not affected. 9 NEW SECTION. Sec. 9. Sections 1 through 7 of this act 1 10 shall constitute a new chapter in Title 64 RCW. • 1 i I 1 • i • 1 j i i f I • 1 • . 1 i i 1 SHB 1006 , .4- =is --- I 8 , A.z e_v w a_ - _ , OF R4 L A. �' OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON U i% `t �.,c i ? ,�.' ' POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON,WASHINGTON 98055 255-8678 gY i 0 ;„ r 4"p. , LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT c1iTY ATTORNEY 9,c i • I DAVID M. DEAN, ASSISTANT CTY ATTORNEY 0,9kgQ March 2 , 1982 MARK E. BARBER, ASSISTANT CITYI ATTORNEY gT�D SEPS I I I Mr. John W. Hemp;elmann Attorney at Law ' 400 Hoge Bldg. 1 Seattle, WA 98104 I Re: Substitute House Bill #1006 Dear John: I I have your letter of February 23, 1982, and the enclosed copy ' of Substitute House Bill #1006 . This proposed legislation , troubles me greatly because of the chilling effect which it will ' have upon reasonable regulation of property use by municipalities . However, subsection 6 of Section 3 is , in my opinion, unconsti', • tutional because; of its vagueness . Without further definitionl a reasonable man of ordinary intelligence will not know whether his bookstore orl theater comes within this definition or nolt . I The severability, provisions of Section 8 will cause subsection '6 to be stricken. 1Then the City of Redmond and other cities similarly situated, including the City of Renton if we further amend our land use regulations regarding adult entertainment land uses, will be facing claims by Mr. Forbes for his alleged damages . 1 / I urge, your opposition to this legislation. Ve ly yours , I I l Daniel Kellogg DK:nd cc: John Lawson) l Mayor City Clerk Members of City Council I Senator Shinpoch Senator Clark Representatives Cantu, Polk, Garrett and Patrick 1 II City of Renton NOTICE OF PUBLIC HEARING SPECIAL MEETING Renton City Council Thursday , February 25 , 1982 NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 25th II day of February, 1982, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building, 200 Mill Avenue So. , Renton, Washington, as the time and place for a Special Meeting to hold a Public Hearing to consider Land Use Regulations of Adult Motion Picture Theatres within the City of Renton; and any other business as may come before the Council . Any and all interested persons are invited to be present . CITY OF RENTON ad 7CVDelores A. Mead, C. C. City Clerk � I DATE OF PUBLICATION I I February 5, 1982 Ii I II I WARREN & KELLOGG, P.S. ATTORNEYS AT LAW LAWRENCE J. WARREN i00 SOUTH SECOND STREET TELEPHONE DANIEL KELLOGG 1206) 255-8678 POST OFFICE BOX 626 MARK E. BARBER RENTON. WASHINGTON 98057 February 19, 1982 Mr. James J. Clancy Attorney at Law 9055 La Tuna Canyon Road Sun Valley, Washington 91352 Re: Forbes Dear Jim: We are enclosing for your information copies of the following documents: 1; Motion to Dismiss and Memorandum of Points and Authorities in Support Thereof, including the minor amendments which we have made. 2. Summons and Complaint for Declaratory Judgment filed this date in King County Superior Court. 3 . Objections to Magistrate' s Report and Recommendations'. 4. Motion and Affidavit for Order Permitting Association of Co-counsel . 5 . Copy of6�real estate ontract by which Forbes came, into title to the theaters . In view of the shortness of time between the hearing on March 12, 1982 on our Motion to Dismiss and the hearing date on the preliminary injunction motion on March 19, 1982, I would urge that you move immediately to prepare such additional brief as you may determine necessary to Hie on our behalf at the preliminary injunction hearing . Please also give some thought as to the type of evidence which we will wish to present to the court at the preliminary injunction hearing so that we may be assembling Cur case. D Since we have not done so to date, I think it is appropriate that I should confirm with you that we have agreed to ! retain your 'services as associate counsel in this litigation and the State litigation on the following basis : I i 1 . The City will pay your actual "out of pocket" expenses foritravel, preparation of documents and miscellaneous expenses . a%a s-04-.+- . 2. You will bill our firm for 'time which you spend on this matter at th1e rate of $50. 00 per hour, with the understanding that the f inlal hourly rate will be $25 . 00 per hour in ithe jI event that Forbes is unsuccessful in obtaining an award of attorneys fees against the City. If; I have misunderstood our prior discussion regarding yo4r fee arrangement, please correct me so that we have a very cljear understanding . I am delighted to be associated with you in this 'litigation. Ve yours , i I Daniel Kellogg DK:bjm cc: Mayor Shinpoch David Clemens I I I I I i I i • I I i I I ' 410 Renton City Council 1/18/82 Page 2 Consent Agenda - Continued Consent Agenda MOVED BY CLYMER, SECOND STREDICKE, ITEM 5.d. BE REMOVED FROM THE Adopted CONSENT AGENDA. CARRIED. See following_1etter. MOVED BY ICLYMER, SECOND HUGHES, CONSENT AGENDA BE ADOPTED AS PRESENTED. ' CARRIED. NW 27th St. Letter from the Public Works Director Houghton requested au'thori- Local Improvement zation for the Mayor and City Clerk to sign right-of-way deed for District construction of SW 27th Street roadway realignment; `LID #314. MOVED BY CLYMER, SECOND REED, REFER MATTER TO THE Community) Services Committee. MOVED BY STREDICKE, SECOND ROCKHILL, AMEND MOTION TO REFER MATTER TO THE WAYS AND MEANS COMMITTEE. CARRIED. MOTION AS AMENDED CARRIED. OLD BUSINESS Councilman Stredicke expressed displeasure at two newspaper), articles containing erroneous information or being without Press Rebuked foundation. Stredicke noted both Seattle and local paper failed to check on rumors before release. Stredicke noted for theI record Theater License that contrary to newspaper article, City of Renton does have an ordinance regulating adult motion picture theaters, that business license for change of ownership of theaters has not been issued and will be required by ordinance. Planning and Planning and Development Committee Chairman Rockhill submitted Development committee report regarding 1/11 referral , Short Plat sewer Committee requirements for single family, and recommended City Code amend- Short Plat Sewer ment providing that major subdivisions be provided with complete Requirements for sanitary sewer systems at no cost to the City and that in the Single Family case of Short Plat Subdivisions, the Subdivider provide forlthe installation of complete sanitary sewer systems if a public; sewer main is located within 200 feet. The Committee further ,recommended that approval of septic tank and disposal field installations be conditioned upon approval by health agencies and upon restrictive coyenants for connection and payment for later adjoining sewers. Referral to Ways and Means Committee recommended. The 'report noted no conflict with single family lot requirements. MOVED BY ROCKHILL, SECOND HUGHES, COUNCIL CONCUR IN RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Public Safety Public Safety Committee Chairman Hughes reported Committee Committee referral items which are awaiting further information from the Police Department and/or Municipal Court: Neighborhood Justice Center as a method of alleviating conjested court; punch boards; delinquent parking fines. Mayor Shinpoch relinquished the gavel to Council President Clymer. Ways and Means Ways and Means Committee Chairman Stredicke reported the Committee Committee has met with the Administration and Longacres Representatives and Longacres recommended that schedule for tax admission increase be presented Admissions Tax by the Administration to implement a 5% paid admissions tax'and a 2% tax on Turf Club Memberships in this year. The Committee further recommended in 1983 taxing be expanded to include some of the non-paid admissions. MOVED BY STREDICKE, SECOND' HUGHES CONCUR IN THE RECOMMENDATION AND REFER TO THE ADMINISTRATION. Committee Member Rockhill requested the record reflect the strong feeling of the Committee that admissions tax should be placed on all admissions not necessary for the operation of the tract.' MOTION CARRIED. Mayor Shinpoch returned to the Council Chambers King County The Ways and Means Committee recommended that the Administration Medical negotiate the Retroactive Clause in the King County MedicallAgree- Retroactive ment and establish a Cumulative Reserve Fund for the possible Agreement payment of 10% per the agreement. MOVED BY STREDICKE, SECOND1HUGHES, CONCUR IN THE COMMITTEE REPORT AND REFER MATTER TO THE ADMINISTRA- TION. MOTION CARRIED. \ I I RENTON CITY COUNCIL SPECIAL MEETING February '25 , 1982 Municipal Building Thursday , 7 :30 P . M .; Council ; Chambers MINUTES CALL TO ORDER Mayor Pro tem Earl Clymer led the Pledge of Allegiance to the flag and called the Special Meeting of the Renton City Council to; order. ' I ROLL CALL OF EARL H. CLYMER, Council President; ROBERT J . HUGHES, RANDALL COUNCIL MEMBERS ROCKHILL, RICHARD M. STREDICKE, JOHN W. REED, NANCY L. MATHEWS. MOVED BY STREDICKE, SECOND ROCKHILL, EXCUSE ABSENT COUNCILMAN THOMAS W. TRIMM. CARRIED. CITY. OFFICIALS DANIEL KELLOGG, Assistant City Attorney; DELORES A. MEAD, City IN ATTENDANCE Cljerk; MICHAEL PARNESS, Administrative Assistant; LT. RAY , CALDWELL, Police Department. PRESS AND TV GREG ANDERSON, Renton Record Chronicle; KIRO TV AND KSTW TV PUBLIC HEARING This being the date set and proper notices having been posted Land Use and published , Mayor Pro tem Clymer opened the Publics Hearing Regulations for to consider Land Use Regulations of Adult Motion Picture I Adult Motion Theatres and receive testimony from interested parties. Council Picture Theaters President Clymer called attention to the Council ' s rule of limiting remarks to five minutes and matters not already com- mented upon, if possible. Clymer explained that on 4/13/81 , Council adopted Ordinance No. 3526 defined and prohibited loca- tion of an adult motion picture theater within an area circum- scribed by a circle with radius of 1 ,000 ft. of a residenlItial zone or use; one mile of public or private school ; 1 ,000 Ift. of church or religious facility or institutions and 1 ,000 ftl, of public park or P-1 zone. Clymer further noted the City a d members of the Council , Mayor, City Clerk and Police Chieflhave been sued in US District. Court by two corporations apparently owned by Roger Forbes, purchaser of Renton and Roxy Theaters 1/26�/81 . The Mayor Pro tem further explained the Renton and Roxy Theaters fall within the distances set forth by Ordilnance No. 3526 and are not a lawful location for an adult rpotiln pic- ture theater; that Forbes ' suit contends the ordinance is„ un- constitutional and should be stricken. Clymer reported the City Council and Mayor Shinpoch have instructed the City Attodneys to defend the litigation imposed by Forbes and have authorized association with expert in First Amendment litigation involv- ing pornography by name of James J. Clancy of Los Angelus. Clymer assured City's intent to support, the legislation to preserve the character of community and prevent deteriorationof 9eigh- borhoods. Mayor Pro tem further explained that because of the litigation, members of the Council are not at' liberty• to1make. public comment; invited public testimony concerning acceptable locations within the City for adult entertainment land use. Continued Correspondence was read by City Clerk Mead. Letter from E.D. and Dorothy M. Higgs, 2040 Union NE, opposed X-rated movies in Renton. Letter from Ruthe Ridder, State Senator, 35th (llth) District, commended Cc:jncil on foresight in adoption 'of ordinance and supported goals of Citizens for Quality Community. Letter ' from Calvary Evangelical Free Church by Rose Marie Lawrence, Secretary, 11227 Renton S, supported goals of Citizens for a Quality Community. Letters supporting Ordinance No. 3526 zoning laws prohibiting adult entertainment under certain conditions: Jeffrey Winter,, 13032 SE 184th P1 ; Maureen K. Drake,' 163 0 130th SE; Larry E. Drake, 16350 130th SE; Roy J. Misner,I' 15767 • 117th SE; Duane D. Misner, 15767 117th SE; Alma and Don Newsome, 16605 127th SE; Phyllis McGerry, 551 Windsor, Pl . NE; Renton Chamber of Commerce, Don Schumsky, President; 11th District Democratic Precinct and Organization, Patricia L. Tracy, Chair; Knights of Columbus, Renton Council , 'Arnold C. Hernandez, G.N. Renton City Council 2/25/82 Page 2 Public Hearing - Continued Land Use Persons present: Kathy Keolker, 532 Cedar Ave. S, President Regulations of Citizens for Quality Community which was formed in response Adult Motion to citizen concern about pornographic theaters in Renton. Mrs. Picture Theaters Keolker expressed the group's support of the City in defense of Ordinance 3526, land use zoning for adult entertainment; noting zoning enforcement for other businesses and residences. Keolker Favoring Ordinance explained objections to pornograph. Robert Brownlow, 17702 160th Ave. SE, discussed history of rights; freedom of speech vs freedom of license or expression; right of community to defend itself against destruction of liberty by pornography. Charlotte Kegley, 1032 Redmond Ave. NE, President of Renton PTSA spoke out against pornography, noting 75% ends with children. Chuck Slothower, 517 S 17th St. , expressed concerns over X-rated movies on 3rd Ave. S, about outside detrimental influence on children and families; and proud of reaction of community to fight. Francis Smith, 1724 Jones Dr. SE, questioned rights to bring pornography and called for rights of his and other families and spoke against pollution of young. Marilee Hoffman, Highlands Elementary School PTA President and Boy Scout leader, 845 Index Court NE, explained negative aspects of pornography and detri- mental affect upon children and called for rights of citizens. Brad Allen, Senior from Kentridge High School , 17801 142nd NE, spoke out against pornography and the portrayal of theater owner as a good businessman. Kathy Keolker, President of Citizens for a Quality Community (CQC) , presented petitions to the Council Petitions Filed bearing signatures representing 11 ,447 citizens in support of 11 ,447 Signatures Ordinance 3526 land use regulations for adult motion picture Support of City theaters and opposed to pornographic movie theaters at the Ordinance #3526 Renton and Roxy Theaters on Third Ave. , and believing in the Regulating Adult- right and responsibility of the City to regulate land use con- Motion Theaters cerning this matter. Larry Vickers, 13439 141st St. , 11th District Republican Chairman, supported ordinance. Sandy Webb, 430 Mill Ave. S, stated pornographic theater owner lines his. pockets with money from human weaknesses catering to the deprived, depraved and curious and supported ordinance regulating location. Don Jacobson, 2919 NE 5th P1 . , Renton School Board Member, noted support of ordinance at original Planning and Development Com- mittee meeting, objecting to close proximity of theaters to the Renton High School . Craig Brewer, MD, 315 Morris S, surveyed patients and reported 90% of older children and adults opposed the location of pornographic theaters on S 3rd St. and noted had additional petitions; also feared empty buildings downtown Don Holm, Attorney, 1015 Tacoma ' NE, Office 1002 S 3rd, opposed x-rated theaters on S 3rd (objecting to unhuman/degrading quality) noting clients must pass those theaters to reach his office due to one-way street system. Mel Prue, 15222 SE Maple Valley Hwy, foresaw trouble from pornographic theater attendees. John Quinn, 88 Lincoln St. , noted jewlery business on 3rd affected. Lew Yahoudy, 1018 Pierce Ct., NE, told of incident that happened while carrying sign at theater. Nadine Rood, 12696 SE 169th St. , reported sexual assault prisoners object to the pornographic theaters as have contributed to their crimes. Mike Paxton, 17045 125th SE, explained the universal concept of sowing seed,, noting seed of pornography sows corruption. Joe Riedi , 13635 SE 135th, noted heavy imprinting by pornography on the mind which causes ,trouble at home and in marriages, causing need of counseling. LeAnne Johnson, 1739 NE 6th St. , children's program leader, objected to pornographic theaters in downtown Renton. Rev. Wayne C. Anderson, Lake Boren Christian Center, 1801 Union Ave. NE, noting self indulgence may destroy rights of others that x-rated movie theaters do not have the right to lure and degrade our community causing problems in families and commended citizens for fight. Victor Proulx, 1519 Jefferson NE, does not want pornographic theaters downtown and supports ordinance which leaves area for theaters. William Heiser, 921 Monroe NE, St. Anthony Catholic Church and members support ordinance. Farley Kessler, Empire Estates, opposes pornographic theaters in down- town; represents First Baptist Church and members; also objected to reference to "adult" when referring to pornographic. i .r 1 • Renton City Council 2(25/82 Page 3 �, Public Hearing - Continued . Land Use i Persons present in favor of adult theaters: Dick Adams , 1205 Regulations SW. Langston, felt others were using excuse of• harm to children, Adjult Motion noting Forbes' rights. John Cramer, 15028 133rd SE, rioted •very Picture Theaters few attended Walt Disney films prior to Christmas; also Fhat liquor store within close proximity to schools , etc.'1, and no one objects. Mark Henry, 19817 144th SE, noted need. forlfreedom of people to choose 'for themselves and called for perspective. MOVED BY STREDICKE, SECOND REED, CLOSE THE PUBLIC HE'ARINy. CARRIED. Upon inquiry, Asst. City Attorney Kellogg explained • purpose of hearing to accept public comment on land use regula- tion, noting there may be need in the future to make, modifica- tions or further refinements of land use regulations thelCity adopted for regulation of these uses. Kellogg explained City 's front against Mr. Forbes, noting intent to move to State Court • a's opposed to suit filed in U.S. District Court; that mo �ion Kill be heard within few weeks; decision expected byl4/1)82. I I, • There being no further business to come before the Counci"1 , it' was MOVED BY STREDICKE, SECOND ROCKHILL, COUNCIL MEETING . ADJOURNMENT ADJOURN. MOTION CARRIED. Time: .9: 15 p.m. j De ores A.�Mead, C.(1.0� . City Clerk • I, • • • . . I i • • ' I I � RENTON CITY COUNCIL +; d I I THURSDAY II ON FEBRUARY 25, 1982 AT 7:30 P.M. � I NTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH - NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 25th day of February, 1982, at 7: 30 p.m. in the Council Chambers of the Renton Municipal Building, 200 Mill Avenue So. Renton, Washington, as the time and place for a Special Meeting to hold a Public Hearing to consider Land Use Regulations of } Adult Motion Picture Theatres within the City of Renton; and any .other business as may come before the Council . Any and all interested persons are invited to be present . � I I . DeoresA, ga . City Clerk DATE OF PUBLICATION February 5, 1982 I i ,mplIete legal description &further information available in the City Clerk's Office - 235-25OO) The removal, mutilation, destruction or concealment of this notice is a mis- a r n demeanor punishable by fine and ub hrc- -?eori ng 0. Feb 25 1 982 L grid Use Re 4tions 0l i9duU ► otion Pichn'c0 Thec e within 'The C�� 0 Reniov#, R„d e ' k3,vsi�,civ Is Id4y Come £3 c�for e c Council Locciilov Postiv Done 2-5• 82 le 5.4f 5 L t Morris Eve S. S. 3 rd Pl. r Rainier Ave S. p S w. Lonl� gq5ton RJ_ t Sieve ns Ave S W. N.w. VWSt i T4 logy Ave 14.W. S. 5 ' St. Sit ftvc1C Ave S. S. 26�t St. t Talbot Rd S. S. P et .Or )00.irW. o-f Tones PI S E f) 5. 6 s rni-thers Ave. S. li`f S. 4YO St f Wtlliomr 4vc.S_ St. f Ave .S. . 5- 7L- 5t t Renton Ave S. N. 1 St Si }' Pq r1'C A re.N. Rve. N- itt N. 5Th. St. , Pay A Ye- 14. j N.8Th St. 7 Pckffr Rye. N. ''A N. 30* 5 t )50 t E. of Pori( Ave. hl. N.E. 2yt. i 5t. f Edmonds Ave. NE. 0.4 N. E . 16 lb St. IIndex Ave. N.E. NE. )2* St 1 KiriOond Ave. N.F. ?: N-E. /7*- St- Union Aye. 1'j. E. rJ N.L. 2 r. st. t union Aye. N.E. 4, N.E. 101 St. t Linton Ave M.E. S.E. Znd Si. ' Linton Ave N.E. '' .E .4464. 7 S/ 7- ) tk1Qno) Ave. ki.E. ind or (a Al-F- j Windsor P1. )4.E. 'TA Windsor W� yh E• f Oranson Wo N.E. � N.E. 3 d t. P Monterey11>chi.E Bream/ Well N. ,I Anecdotal Ave. hi. rI/ SE . CAI 5i - 11/lapicwcjd NKr. 5. i� 5.E,5.4 St. f M plr Y1ry WO eilo Logan Ave w. loot' N. of S. 2 1!" 5t_ S.7''obii! 5 t. P Lie ire 5. DATE OF PUBLICATION - - -- February 5, 1982- ' CERTIFICATION STATE OF WASHINGTON) ss .- j COUNTY OF KING ) - i A 33 I , L eshe., L.. Phili si hereby certify that Tsthree N3.) copies of the above notite were posted by me in toir#, three conspicuous places on the property described and one copy was posted at the City Municipal Building , Renton , Washington on date of Fehr/J TII 19 vv 2 • Signed ATTEST : Notary Public in and for the State of Washington , residing at Renton. •