1984/12/05 Council Minutes - Laserfiche WebLink

.- 461 December 5,1984 . The regular meeting of the Everett City Council wao called to order at 8:30 a.m.December 5,1984 in the Council Chambers of the Everett City Hall, President Stephenson,presiding. Upon roll call it was found that mayor moore and all councilmen were present. .. . • .. Minutes of the meeting held November 28, 1984 were approved as printedmith Councilmen Overstreet abstaining from voting. MAYOR'S COM9MNTS :ayora,Moaoreaask:dth: council to let him know ifa they wool: be pl:rtgi::a:'said 011ie It': l'ial and f=f'Ti;Im.get.st: Ill . ., . ri i ,..t.const% ig g g::eciUkT aa there haa'aa"'aaaa a'''aaa He then aske: th: cou=1 ctio,ydelete item 9 frm thehvagenda and ::::;T:adi Il s, A Attorney to ex lain w this was • - ,, . Mr.lales explmined the court action taken declaring the Renton adult use dinance as not being legal. The coUrt has maid limiting the a:ult use to a certain zoned area constituted a substantial I r striction on speech and that Renton failed to show a substantial governmental.'interest. A city must prove the zoning decision was ' motivated by a desire to further a compelling government interest unrelated to the suppression of free elseech. Me. ef kbc steted reasons for the ordinance were no more than expressions of dislike for the subject matter. The decisio%1:,,y the Court of Appeals Beverly hampers Everett's efforts to o eider the proposed adult uee zoning ordinance for ::op,ti:na. Whileathe city has factual evidence to support its zoning ,1 h a uses, factual,record in terms of that which the court suggests in the Renton case not been developed. For example, he •' said like Renton, Everett has relied on the experience of other .' communities, an approach which the court found to Me unacceptable, if relied on totally. • ,, He said because of the court case they had prepared a substitute ordinance to be read as item No. 9 on today's agenda,which mould •'I put the C-2 rose back to what it was before the adult use ordinance • had been prepared. He asked for concurrence by the council and that ' the public hearing be deleted. • Councilman PO,. asked Mr. Iles to look into the business license ordinance and see if displays of certain paraphernalia could be =red and also limit the type of home occupation licenses CoUncilman Morrow then read the following and asked that it be included verbatim in the council minutes: • 'I want to thank the mayor for withdrawing this poorly conceived 1 x-rated Honing ordinance from further diseuesion. I want the record . to Me cleer that x voted against the interim ordinance on MeY S eed , • • at that time.spoke vehemently against it. , • • • • . _'