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HomeMy WebLinkAboutCard Room Moratorium on Issuance of Business Licenses (9/22/1997) January 24,2000 Renton City Council Minutes Page 25 THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Clayton L. Scott,president of JobMaster, 7810 Citizen Comment: Scott— SE 30th, Mercer Island, 98040,requesting a 30-year extension of JobMaster's JobMaster Lease at Airport lease at Renton Municipal Airport as the company wishes to construct a hangar addition on the property. MOVED BY PERSSON, SECONDED BY SCHLITZER, COUNCIL REFER THIS LETTER TO THE TRANSPORTATION(AVIATION) COMMITTEE. CARRIED. Airport: Master Plan MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE SUBJECT OF THE AIRPORT MASTER PLAN TO THE TRANSPORTATION(AVIATION)COMMITTEE. CARRIED. Citizen Comment: Malphrus— Correspondence was read from Tom Malphrus, 18713 - 102nd Ave. SE, Sensitive Areas Ordinance Renton, 98055,representing Friends of the Black River, expressing support for (Friends of the Black River) the proposed new Sensitive Areas Ordinance but urging that no changes be made to this legislation that would negatively impact wildlife habitat. He also suggested that the city adopt administrative guidelines to assist staff in making decisions related to the ordinance. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL REFER THIS LETTER TO THE PLANNING&DEVELOPMENT COMMITTEE. CARRIED. Citizen Comment: Schumsky Correspondence was read from Don Schumsky, owner of Schumsky's All City —Card Room Request for All Diner, 423 Airport Way, Renton, 98055, asking that he be granted a variance City Diner for an enhanced(house-banked) card room license at this location. .,12A 1)--e1 5 Councilman Parker commented that the State Gambling Commission believes it possesses sole authority over gambling uses, leaving local jurisdictions little or no control. City Attorney Lawrence J. Warren confirmed that legislation is pending in the State legislature concerning mini-casinos. He agreed that local jurisdictions are awaiting the final word on State vs. local authority over gambling uses and related zoning restrictions. Mayor Tanner noted that the All City Diner abuts both single family residences and a public school, making it an inappropriate location for gambling activities. OLD BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending concurrence in the following Mayor's appointments to the Committee Municipal Arts Commission: Appointment: Municipal Arts Renne Saling to fill a vacancy for a three-year term which expires on Commission 12/31/2001; and Marie Brown to fill a vacancy for a three-year term which expires on 12/31/2002. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR ON THE COMMITTEE REPORT. CARRIED. Planning& Development Planning &Development Committee Chair Keolker-Wheeler presented a report Committee recommending concurrence with the staff recommendation to authorize the Development Services: Q-1 removal of a restrictive covenant that was required as a condition of a rezone of Corp Request for Removal of a certain piece of property to L-1 (Light Industrial)in 1984. The covenant Restrictive Covenant requires: 1. A 20-foot landscaped setback along the front property line along Grady Way; 2. A 10-foot landscaped setback along the side property lines; and 3. The site plan for the subject property is to be reviewed at a public hearing. The covenant is no longer relevant to present conditions surrounding the , „ ,..... 4....,_ S'chucrnskys423 Airport Way Diner A. .' Cily . Renton 98055 425/228-728 t January 18. 2000 CITY OF RENTON Renton City Council JAN 2 0 2000 City Hall 1055 Grady Way RECEIVED Renton. WA 98055 CITY CLERK'S OFFICE Council Members: Randy Corman Tonie Nelson King Parker Tim Schi]tzer Kathy Kohlker Whccicr Don Persson RE: Appeal to reconsider request for variance -Ordinance r469 I Section 1 —Restricting card rooms in the downtown core of Renton. Dear Renton City Council Members: Enclosed is a letter to the Renton City Council Members dated December 10, 1998. I am appealing to the Council to reconsider the position that was taken against Schumsky's in regards to the house banked card room license. at Schumsky's All City Diner. 423 Airport Way in North Renton. Since the last time 1 asked the City Council for a variance a lot has changed in downtown Renton. Please consider the following: • As for the passage of Proposition 695, most cities have had to make some changes to accommodate the lost revenue to handle their budget. • The Skyway Bowl in Skyway has a large gaming operation. Their location is just up Renton Avenue. which is in King County, Schumsky's is just down the hill. A lot of the tax revenue that goes to King County could end up in Renton • Fred Stiener has received another house-banked casino at Diamond Lil's and I understand he is planning another location in Rcnton. Schumsky's has been in business since May of 1965 and is probably the oldest one-owner restaurant in Renton as well as South King County. It is only fair that I have the same consideration that was granted Fred Stiener and others that have an enhanced card room license. I am wnfident that Schumsky's could contribute a substantial amount of tax revenue to the City of Renton if we were granted a gaming license. Sincerely yours. . on Schumskv Owner. Schumsky's All City Diner Enclosure } •., .�S3chumskys 1. t 425/228-7281 December 10, 1998 Renton City Council City Hall 1055 Grady Way Renton, WA 98055 RE: Request for a variance to Ordinance#4691 Section 1; Card Rooms December 1, 1997—restricting Card Rooms in the downtown core of Renton. Dear Council Members: I am writing this letter as an appeal to request a variance to Ordinance#4691 Section I. I have been operating a restaurant on Airport'Way,just outside the downtown core of the City of Renton, for the past 33 years. I always strive to maintain a first class operation. A variance for this location would not interfere with the City's plans for the new downtown Renton image because of my restaurant's location. . I would like to point out why a variance for my location would appeal to the City of Renton: • Monthly Tax Revenues for the City of Renton; $30,000 to $40,000, • It would create 70 to 75 new fill-time jobs, _ • My location will offer ample parking and it is not located in the downtown core area. but rather just across from the airport. Revenues The City has enjoyed large revenues from the casino that is in the downtown core area without any negative affects. I propose that a variance for my location will not interfere with any of the City's plans for the new downtown Renton image because my location is on Airport Way just across from the airport. An additional $40,000 per month would greatly support the plans for the new downtown image. New Full-Time Jobs Casino dealers make, on average, $35-40,000 per year. The trickle-down effect will stimulate local businesses and economy. • • Renton City Council Page 2 December 10, 1998 'VOW Parking I am able to offer ample parking. Currently I have 140 parking spaces with an additional 120 to 130 spaces planned. This provides for a total of 260 to 270 spaces. No other restaurant or liquor type establishment could offer this kind of parking in the downtown core area. The City can protect itself from small operators who are unable to accommodate ample parking by requiring parking in its variance. Mayor Jessie Tanner On Friday, December 4, 1998 I had a conversation with Mayor Jessie Tanner regarding a variance. His biggest concern was having another casino type of gaming operation in Renton that would change the plan for downtown's new image. I certainly understand his concerns. He mentioned that soMe of the smaller taverns and liquor type establishments might want to get a casino license if the City doesn't have an ordinance. I agree with him. However, after much research and learning more about the gaming industry, I find that it is a lot more complicated than the average small business operator can understand. The requirements and controls from the Washington State Gambling Commission are many: • The number of employees that are required by the State. • The amount of video surveillance and control of monies. • The amount of cash on hand to pay off bets ($100,000). The amount of funds it takes to open a casino is substantially more than a small establishment can handle. Therefore, it would be hard to imagine that a small tavern or liquor type establishment could fulfill all these requirements. In conclusion, I hope that you will consider this variance. We do not plan on making any changes in our dining room or banquet room operations. We are planning to have a separate restaurant entrance and parking on the Eastside of the All City Diner. 1 am certain that the City will benefit greatly. Why should we let other cities and Indian gaming reap all the revenues that are generated by this industry? The State of Washington and the Gambling Commissioner are going forward with this industry as a positive industry. Thank you for your consideration. Sincerely yours, Donald Schumsky Council Members: Bob Edwards Dan Clawsen Randy Corman King Parker Kathy Kohlker Wheeler Tonie Nelson Tim Schiltzer CITY ')F RENTON ... City Clerk Jesse Tanner,Mayor Marilyn J.Petersen January 25, 2000 Don Schumsky, Owner Schumsky's All City Diner 423 Airport Way Renton, WA 98055 Re: Reconsideration of Variance—Ordinance No. 4691, Card Room Restrictions Dear Mr. Schumsky: Thank you for your letter requesting Councilmembers to reconsider their earlier decision prohibiting Schumsky's from operating a house-banked card room in its current location due to zoning restrictions. The letter was entered into the record at the regular Renton City Council meeting of January 24, 2000, and the Council took no action on the referenced request. If I can provide additional information or assistance,please feel free to call. Sincerely, ca , Marilyn I'-,Q'sen City Clerk/Cable Manager cc: Mayor Jesse Tanner Council President Randy Corman Jana Hanson, Development Services Division 1055 South Grady Way - Renton, Washington 98055 - (425)430-6510 / FAX(425)430-6516 ®This paper contains 50%recycled material,20%post consumer February 22, 1999Noe' Renton City Council Minutes `..i Page 61 THIS CORRESPONDENCE TO THE PLANNING&DEVELOPMENT COMMITTEE. CARRIED. OLD BUSINESS Finance Committee Chair Edwards presented a report recommending approval Finance Committee of Claim Vouchers 167573 - 168091,and two wire transfers totaling Finance: Vouchers $3,820,565.03; and Payroll Vouchers 164724- 164966 and 527 direct deposits in the total amount of$1,503,995.87. MOVED BY EDWARDS, SECONDED BY CLAWSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Edwards presented a report recommending approval of Payroll Vouchers 164967- 16521 land 524 direct deposits in the total amount of$1,299,705.36. MOVED BY EDWARDS, SECONDED BY CLAWSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning& Development Planning&Development Committee Chair Keolker-Wheeler presented a report Committee relating to land use gambling. After a presentation by staff,and public Planning: Gambling Land Use comment, the Committee recommended that Council concur with the , Restrictions Administration and retain the City's existing Code provisions which restrict the location of new card rooms to the area south of I-405 and west of SR-167. The Committee further recommended that if the State pre-empts local zoning authority regarding the locations of card rooms(or mini-casinos), the Council should revisit this issue for possible prohibition of"gambling activities"as provided for in RCW 9.46.295. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON,COUNCIL CONCUR IN THE COMMITTEE REPORT.* Councilmember Keolker-Wheeler referred to a letter sent to the City by Ed Fleisher,Deputy Directory of Policy and Government Affairs for the Washington State Gambling Commission. Mr.Fleisher claimed that Renton's authority to allow gambling uses in one area but not in others is not clear. In response to the City's request that the Commission not approve pending applications by Diamond Lil's and Schumsky's All City Diner to offer house- banked games,Mr. Fleisher said that the Commission is prohibited from". . . deny(ing) a license to an otherwise qualified applicant in an effort to limit the number of licenses to be issued." Councilman Edwards suggested that the City consider the possibility of an "overlay" district for gambling,which would allow these uses in a limited fashion in areas other than the Valley. For example,he did not consider the frontage along Rainier Avenue to be part of Renton's historic downtown area which it is trying to preserve and revitalize. Adding that gambling activities are already easily accessible via the Internet,he said these types of uses are not detrimental to the surrounding community in the same manner as adult entertainment uses,but rather are fairly wholesome. He favored retaining this issue in committee to pursue development of an overlay district. Councilmember Keolker-Wheeler replied that the subject at hand involves significant land use issues separate from the question of whether gambling is good or bad. She expected, for example, that one criteria of whether a gambling use would be allowed would be the proposed location's proximity to single family homes, since high volume parking can quickly become a concern. Councilman Corman commented that although mini-casinos are not mentioned in Renton's adopted Downtown Plan, one nevertheless exists there because the State unilaterally legalized certain gambling activities that previously had not February 22, 1999 , Renton City Council Minutes Page 62 been allowed. He felt it would be misleading to retain this issue in committee at the current time, since outside parties could mistakenly interpret such an action to mean that the City was interested in locating these uses in the downtown,when this may not be the case. At Mayor Tanner's request,correspondence from the City Attorney was entered into the record which summarized the City's position on this issue. The memo noted that because the presence of several mini-casinos in downtown Renton would be inconsistent with the City's efforts to revitalize this area,and rather than banning mini-casinos altogether,Renton has zoned these into an appropriate area. Contrary to implications by the Gambling Commission,the City of Renton believes that zoning authority is exclusively a local government issue, especially as zoning authority may be pre-empted by the State only by a clear pronouncement in legislation. The memo concluded that Renton will zealously defend against any incursion into its zoning authority. Council President Parker emphasized that as Renton's control over local zoning issues is being questioned by the Gambling Commission,the City must be strong in defending its authority to the State. He additionally cautioned that, with four bills pending in the legislature related to gambling, any one or more • could be approved,which would force Renton and other cities to contend once again with a change in gambling regulations. *MOTION CARRIED TO CONCUR IN THE COMMITTEE REPORT AS PRESENTED. Councilman Corman suggested that the City could consider possible zoning changes as part of its annual update of the Comprehensive Plan, incorporating input from the business and residential communities as well as from the Planning Commission in the process. Planning: R-10 and R-14 Zone Planning&Development Committee Chair Keolker-Wheeler presented a report Changes regarding amendments to the R-10 and R-14 zones. The proposed amendments help implement the Comprehensive Plan,promote small lot detached housing, provide consistent terminology, and remove some Code conflicts. The amendments primarily apply to the R-10 and R-14 zones. The Committee met several times in January and February to review the proposed amendments, public hearing testimony, and survey results from the residential demonstration projects. The Committee concurred with the staff-recommended Code amendments described in the December 22, 1998 issue paper. Where differences exist between the staff recommendations and Planning Commission recommendations related to the R-10 zone development standard amendments, the Committee provides the following direction: • Concur with the staff recommendation for a minimum 20-foot townhouse lot width; • Concur with the Planning Commission recommendation for a minimum 55- foot lot depth; • Concur with the Planning Commission recommendation for changes to the minimum side yard requirements for primary structures; and • Concur with the Planning Commission recommendation for minimum rear yard requirements of 15 feet with reduced setbacks for attached alley access garages. The Committee requested that an ordinance be prepared, and that it be scheduled for first and second reading by the City Council. MOVED BY APP2O ED ®Y CITY COUNCIL Date -AP- 1 PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT February 22, 1999 Land Use Gambling (Referred November 9, 1998) After a presentation by staff and public comment the Committee recommends that Council concur with the Administration and retain the City's existing code provisions restricting the location of new card rooms to the area south of I-405 and west of SR-167. The Committee further recommends that if the state pre-empts local zoning authority regarding the location of card rooms/mini-casinos, the Council should revisit this issue for possible prohibition of "gambling activities"as provided for in RCW.9.46.295. cdu, - �)l P� Kathy K.ieolker-Wheeler, Chair Bob Edwards, Vice Chair Dan awson,Member cc: Mayui Tarnne, Jareereirtgten Sue Carlson Victoria Runkle Greg Zimmerman • CRDROOMS.DOC\ Revision Date 1/99 c(0-4- kc\ H, 1889 _ ^ `\O\c&&\ STATE OF WASHINGTON • GAMBLING COMMISSION P.O. Box 42400 • Olympia, Washington 98504-2400 • (360) 438-7654 • TDD (360) 438-7638 • FAX (360) 438-8652 February 9, 1999 Michael Katterman FEB 7 City of Renton i 1999 1055 South Grady Way .OP?,-,,T Renton, Washington 98055 _ _ RE: PENDING REQUESTS FOR MINI CASINOS IN RENTON Dear Mr. Katterman: We spoke a few weeks ago about the City of Renton's request that the Gambling Commission not grant pending "applications" to offer house banked games to Diamond Lil's and Schumsky's All City Diner. The law allowing card rooms to bank their games was passed in 1997 and the Gambling Commission has been approving businesses for this under a "pilot study.",UndertheApilot study, which will end June 30, businesses, which are already licensed to operate card rooms, enter into contracts with the Commission to offer house banked games. There is not an "application" and the business does not receive another "license." After July 1, when the study is complete, any business operating house banked games will receive a new Class F license. As we discussed, a local jurisdiction's ability to "zone" a particular type of gambling business out of some areas, but not all areas, is not clear. It also is not clear whether local jurisdictions can allow gambling non-conforming uses or whether moratoriums on new gambling, which a few jurisdictions have adopted, are permissible. Although we • cannot give legal advice, a few statutes in the Gambling Act address local jurisdictions' authority in these areas. For example, RCW 9.46.285 states that the Gambling Act "constitutes the exclusive legislative authority for the licensing and regulation of any gambling activity and the state preempts such licensing and regulatory functions, except to the power and duties of any city, town, city-county, or county which are specifically set forth in this chapter." In addition, RCW 9.46.295 states that local jurisdictions "may absolutely prohibit gambling activities, but may not change the scope of license, any or all of the gambling activities for which the license was issued." Furthermore, RCW 9.46.070(2) provides that the Gambling Commission cannot "deny a license to an otherwise qualified applicant in an effort to limit the number of licenses to be issued." The Gambling Commission has not taken a formal position on these issues, but we expect that they will likely be litigated by licensees and local jurisdictions Michael Katterman, City of Renton February 9, 1999 Page 2 in the coming months. We have also requested an opinion from our Assistant Attorney General on these issues. In the meantime, we are happy to work with the local jurisdictions and let them know which card rooms are scheduled for approval for house banking. Diamond Lil's is scheduled for approval to offer house banked card games at • the Commission meeting this week, on Thursday, February 11. The meeting will be at Cavanaugh's at Capitol Lake (formerly Holiday Inn Select and the Westwater Inn), 2300 Evergreen Park Drive in Olympia, phone number (360) 943-4000. The meeting will begin at 1:30 p.m. If Diamond Lil's is approved, they would be able to begin offering house banked games as soon as the contract is signed, which usually occurs the same day. Schumsky's All City Diner has also requested to offer house banked games, but probably will not be approved until after July 1, assuming that they meet all of the requirements for such games. I hope this information is helpful. If you have any questions, please contact me at (360) 438-7654, extension 307. Sincerely, e Ed Fleisher Deputy Director of Policy and Government Affairs Cc: The Honorable Jesse Tanner, Mayor FEB-22-1999 15:46 IA:PEEN. l'I.ELLOGG ET HL P.01 FACSIMILE TRANSMITTAL WARREN, BARBER, DEAN & FONTES, P.S. ATTORNEYS AT LAW P.O. Box 626, 100 South Second Street Renton, Washington 98057-0626 (425) 255-8678 FAX NUMBER: (425) 255-5474 This fax contains confidential, privileged information intended only for the addressee. Do not read, copy, or disseminate it unless you are the addressee. If you have received this Fax in error, please call us (collect) iiunediately at(425)255-8678.and mail the original Fax to P.O. Box 626,Renton Washington 98057. TO: MAYOR JESSE TANNER FAX NO.: 430-6523 FROM: LAWRENCE J. WARREN DATE: FEBRUARY 22, 1999 PLEASE DELIVER TO MAYOR TANNER AS SOON AS POSSIBLE. THANK YOU! ( )FOR YOUR INFORMATION ( )PER YOUR REQUEST ( )FOR SIGNATURE AND RETURN ( )PER OUR CONVERSATION (x)FOR REVIEW AND COMMENT ( )FER OUR AGREEMENT ( )FOR NECESSARY ACTION ( )SEE REMARKS BELOW ( )FOR YOUR FILES ( ) ( )FOR YOUR APPROVAL ( )APPROVED AS NO I}D This transmissions consists of± pages. including this cover page, 1f for some reason you do not receive all of the pages, or it is not legible,please contact Anne at(425) 255-8678 immediately. Thank you. Remarks: FEE,-22-19 P_I 15:4r, I,,IHF'F'EH KELLOGG ET HL F'. =ram E� 4,101 • The City of Renton has one mini-casino opened and several others seeking permits. At the same time the City has expended significant staff and City Council time and City money revitalizing downtown Renton. • The presence of several mini-casinos in downtown Renton would be inconsistent with the revitalization effort. y- The City of Renton has not banned mini-casinos altogether, but rather zoned them into an appropriate area. • The City has been informed verbally and by letter that the Gambling Commission may assert that the City is without authority to control the location of mini-casinos by zoning. y The City of Renton believes that zoning authority is exclusively a local government issue. • Zoning authority may be preempted by the state only by a clear pronouncement in legislation_ • Title 9.46 RCW — "The Gambling Act" - controls the Gambling Commission and its authority over gambling and the City of Renton. y RCW 9.46.010 contains the legislative declaration of public policy. Zoning authority is not mentioned, nor is zoning authority mentioned anywhere in Title 9.46. • RCW 9.46.295 grants the right to a city to prohibit any and all gambling activities but again is silent as to zoning. • RCW 9.46.285 does preempt the area of licensing and regulating gambling activity. However, this is no different than the state preemption of liquor licensing but there has never been a challenge to City zoning by the Liquor Board. The Renton City Attorney's office surveyed a number of other city attorneys' offices on the subject of zoning preemption by the Gambling Commission. Not one city attorney agreed with the proposition that the Gambling Commission had any zoning authority, let alone had preempted the area. Rather, the city attorneys were unanimous in the opinion that the zoning authority of the cities was untouched by the Gambling Act and that the Gambling Commission had no legal right to interfere with City zoning authority. ✓ The City of Renton will zealously defend against any incursion into its zoning authority. TOTHL P.02 !'OR (cY O� ornate Ceti IFor further information contact Victoria Runkle(425)430-6858 re ease i:117- / e NTH January 19, 1999 Renton Mayor to ask City Council to raise gambling taxes King County Executive Ron Sims is initiating action to ban new mini-casinos in unincorporated King County. This action, if successful, will place further pressure on the suburban cities to allow development of mini-casinos inside their city limits. Also, many cities within the geographic area surrounding Renton have adopted, or are in the process of adopting, a twenty percent tax rate on mini-casinos as permitted by state statute. "Unless Renton adopts the same tax rate, our City will become the preferred location for any individual or consortium planning to establish a mini-casino,"according to Mayor Jesse Tanner. Mayor Tanner has previously encouraged the Renton City Council to maintain the current zoning laws which limit the location of any new mini-casinos to the valley area, south of 1-405 and west of SR-167, bounded by the city limits on the south and west borders of our city. On the January 25, 1999 Renton City Council meeting agenda, the Mayor will propose raising the tax rate on all card rooms from the current ten percent (10%) of gross receipts to twenty percent (20%) of the same base. This change would eliminate the tax incentive that presently exists, or will exist in the near future, to locate mini-casinos in Renton. This forthcoming agenda item also proposes a change in pull-tab revenues, lowering them to a rate of seven percent (7%) of net prize proceeds. The current rates for pull tabs are five percent (5%) of gross revenue for commercial stimulants and ten percent (10%) of net of prize pro- ceeds for non-profit organizations. "My proposal is not driven by the desire for more gambling tax revenue, but by my desire to strengthen the image and character of Renton," said Mayor Jesse Tanner. "This change will reduce the tax burden on the scores of small businesses that rely on this income to maintain economic viability and permit them to increase their earnings from this source," he said. Under this proposed legislation, these changes would be effective April 1, 1999. The Renton City Council will hold a public hearing regarding the proposed change in the gambling tax rates on February 8th at 7:30 p.m. in the Council Chambers of Renton City Hall, 1055 South Grady Way. j #### ## i"- /RECEIVED NOV 191998 CITY OF RENTON + TON CITY COUNCIL MEMORANDUM DATE: November 18, 1998 TO: Bob Edwards, President Members,Renton City Council FROM: SMayor Jesse Tanner SUBJECT: Land Use Boundaries for Gambling Uses The City Council's recent action to refer to the Planning and Development Committee the matter of zoning code changes for the downtown core in order to allow "mini-casino" gambling is very troubling to me. Just one year ago we exhaustively debated and analyzed this issue and concluded that we did not want the image of our downtown to be that of a gambling mecca. I hope that the Council will not reconsider this decision to prohibit card room gambling in or near our downtown. I strongly opposed the opening of a"mini-casino" at the entry to downtown last year, and thought we had settled the issue with the code amendment that we adopted. This amendment would permit mini-casinos in our valley area south of I-405, away from homes, schools, churches, etc. A reversal of our current zoning to allow this activity north of the valley area will send mixed signals to the very folks (residents, businesses and investors) we are trying to attract to our downtown through the costly public relations program we currently have underway. I believe allowing this type of gambling in our downtown undermines three of the Council's stated goals to: "encourage and support economic development and downtown redevelopment;" "encourage and support neighborhood revitalization;" and "improve the city's image in the community and the region." The City Council and this Administration have articulated a vision for the City and the downtown that includes significant investments of public and private money for upgrading infrastructure and improving the image of the community. Downtown is also a neighborhood where people live and work and, if we want to attract more businesses and residents, we do not want this to be our "gambling zone." I firmly believe that to reverse your decision of last year and open up the downtown area to gambling interests undermines that vision. An increase in the number of gambling establishments in the downtown area will tarnish the character and image of our City. No amount of marketing will change the image of Renton if we are known as "the gambling capital of the south end." 'NM" .. November 18, 1998 Page 2 I think it's important to remember that we did not create this issue. Gambling became more of a growing concern in this area when the legislature amended state law in 1997 to allow "mini- casinos" with the express purpose of being more competitive with Tribal casinos. Given what the legislature has done, and the fact that we don't know what other changes may be in store, I believe this is the wrong time to consider expansion of these uses outside of the Valley. Staff has already been contacted by other jurisdictions that are just now beginning to address this issue. If we change our code now and allow more of these uses, even on a limited basis, Renton will be seen as an "easy mark" for undesirable uses and we will set ourselves back in our economic development, image, and neighborhood efforts. I intend to oppose this initiative vigorously, including a veto, if necessary. I sincerely hope that the majority of the Council feels as I do, and that we can put this matter to rest once and for all. November 9, 1998 �.r; Renton City Council Minutes - Page 372 to Superior Court this year. City Attorney Lawrence J. Warren said there have been two; one which was appealed from a City Council decision, and the other from a Board of Adjustment decision. Mr. Edwards added that when the City expedited its land use process, appeals to Council were retained as a safeguard for those involved. Mrs. Keolker-Wheeler requested that the City Attorney explain his concerns on this issue as well as how State law regarding land use appeals has changed over the last 15 to 20 years. Mayor Tanner replied that the City Attorney is not a party to the debate before the Council,and thus would not be permitted to enter into the debate or issue a statement for or against the proposed change. Mrs. Keolker-Wheeler expressed disappointment that Council would not be provided with the requested information at this time. *MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL TABLE THE MAIN MOTION UNTIL THE NEXT CITY COUNCIL MEETING SO ADDITIONAL INFORMATION CAN BE MADE AVAILABLE TO COUNCILMEMBERS. CARRIED. Responding to Councilmember Keolker-Wheeler,Mayor Tanner stated that now that the motion was no longer pending before Council,he would make the services of any member of staff or of the Administration available to her. NEW BUSINESS MOVED BY NELSON, SECONDED BY KEOLKER-WHEELER,COUNCIL Planning: Land Use REFER THE ISSUE OF LAND USE BOUNDARIES FOR GAMBLING USES Boundaries for Gambling Uses TO THE PLANNING&DEVELOPMENT COMMITTEE. CARRIED. Parks: Cedar River Ballfield Noting the receipt of citizen comments regarding the naming of the new Cedar Naming River ballfield park adjacent to Maplewood Golf Course, it was MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL REFER THIS MATTER TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. ADJOURNMENT MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9:13 p.m. XiIA; MARILYN . ERSEN, CMC, City Clerk Recorder: Brenda Fritsvold November 9, 1998 December 1, 1997 Renton City Council Minutes Page 397 r.r The Finance Committee concurred in the request that the Financial Planning Manager begin work with the City at step E of the salary range. This will have no negative budgetary impact as the former employee was at step E. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: School Impact Finance Committee Chair Parker presented a report recommending that Fees Council remove this item from the Committee's referral list. This item was initiated due to an annexation by the City of Renton within the Issaquah School District. Since the Renton School District does not levy impact fees, and the City now has no annexations pending or anticipated in the near future within the Issaquah School District, the Finance Committee recommended this item be closed. MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3295 A resolution was read authorizing the temporary closure of the existing Streets: Monster Road Monster Road bridge between SW 7th Street and SR-900 (Martin Luther Bridge Temporary King, Jr. Way) for bridge reconstruction. MOVED BY KEOLKER- Closure, 12/97 WHEELER, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 12/08/97 for second and final reading: Planning: Shoreline Master An ordinance was read adopting amendments to the Shoreline Master Program. Program Amendments MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/08/97. CARRIED. Comprehensive Plan: 1997 An ordinance was read adopting the 1997 amendments to the City's 1995 Amendments Comprehensive Plan, maps and data in conjunction therewith. MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/08/97. CARRIED. The following ordinances were presented for second and final reading: Ordinance #4690 An ordinance was read amending Section 4-31-10.I.D.2 of Chapter 31, Zoning Planning: Center Code, of Title IV (Building Regulations) of City Code by eliminating upper- Downtown Upper-Story story setbacks for property zoned Center Downtown and located in the Setback Elimination Downtown Core Area. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #4691 An ordinance was read amending Sections 4-31-2, 4-31-10.1.C, 4-31-10.2.C, Planning: Card Room 4-31-10.4.B.2, 4-31-10.5.C, 4-31-11.1.B.2, 4-31-11.2.B.2, 4-31-12.B.2 and 4- Ordinance'Revisions 31-16.C.6 of Chapter 31, Zoning Code, of Title IV (Building Regulations) of City Code by adding card rooms as a definition, adding card rooms as a prohibited use in the Mixed Commercial (CM), Community Commercial (CB), Convenience Commercial (CC), and Commercial Office (CO) zones, and adding card rooms as a permitted secondary use in the Arterial Commercial (CA), Light Industrial (IL), Medium Industrial (IM), and Heavy Industrial (IH) zones. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. i9 Amends ORD #4404, 4523 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4691 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-31-2, 4-31-10.1.C, 4-31-10 .2 .C, 4- 31-10 .4 .B.2, 4-31-10 . 5 .C, 4-31-11 .1.B.2, 4-31-11.2 .B.2, 4-31-12 .B.2 AND 4-31-16 .C.6 OF CHAPTER 31, ZONING CODE, OF .TITLE IV (BUILDING REGULATIONS) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING CARD ROOMS AS A DEFINITION, ADDING CARD ROOMS AS A PROHIBITED USE IN THE MIXED COMMERCIAL (CM) , COMMUNITY COMMERCIAL (CB) , CONVENIENCE COMMERCIAL (CC) , AND COMMERCIAL OFFICE (CO) ZONES, AND ADDING CARD ROOMS AS A PERMITTED SECONDARY USE IN THE ARTERIAL COMMERCIAL (CA) , LIGHT INDUSTRIAL (IL) , MEDIUM INDUSTRIAL (IM) , AND HEAVY INDUSTRIAL (IH) ZONES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . Section 4-31-2 , Definitions, of Chapter 31, Zoning Code, of Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition which reads as follows : CARD ROOMS : A use governed pursuant to the provisions of RCW 9 .46, 1973 Gaming Act and licensing by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. SECTION II. Sections 4-31-10 . 1 .C, 4-31-10 .4 .B.2, 4-31- 11 . 1 .B. 2, 4-31-11 .2 .B.2, 4-31-12 .B. 2 and 4-31-16 .C. 6 of Chapter 1 `'*r'' ORDINANCE NO. 4691 31, Zoning Code, of Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended by adding the following subsections which read as follows : 4-31-10 .1.C. 6 : The operation and conduct of any licensed premises or facility used to play social card games as governed by RCW 9 .46, the Gaming Act, as amended. 4-31-10.4 .B.2 .o: Card Rooms : Card rooms when ancillary to a permitted primary use where food and beverages are served on the premises and located in an area with an Employment Area - Valley land use designation as shown on the City' s Comprehensive Plan Land Use Map, and located south of I-405 . 4-31-11.1.B.2 .m: Card Rooms : Card rooms when ancillary to a permitted primary use where food and beverages are served on the premises and located in an area with an Employment Area - Valley land use designation as shown on the City' s Comprehensive Plan Land Use Map, and located south of I-405 . 4-31-11.2 .B.2 .n: Card Rooms : Card rooms when ancillary to a permitted primary use where food and beverages are served on the premises and located in an area with an Employment Area - Valley land use designation as shown on the City' s Comprehensive Plan Land Use Map, and located south of I-405 . 4-31-12 .B.2 .j : Card Rooms : Card rooms when ancillary to a permitted primary use where food and beverages are served on the premises and located in an area with an Employment Area - Valley 2 ORDINANCE NO. 4691 land use designation as shown on the City' s Comprehensive Plan Land Use Map, and located south of I-405 . 4-31-16 .C. 6 : The operation and conduct of any licensed premises or facility used to play social card games as governed by RCW 9 .46, the Gaming Act, as amended. SECTION III. Sections 4-31-10 .2 .0 and 4-31-10 .5 .0 of Chapter 31, Zoning Code, of Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows : 4-31-10 .2 .C: Prohibited Uses and Unclassified Uses : Any uses not specifically listed as primary, secondary, accessory or conditional uses shall be prohibited; except those uses determined by the Zoning Administrator to be: 1) in keeping with the purpose and intent of the zone; and 2) similar in nature to a specifically listed primary, secondary, accessory or conditional use . In addition, the operation and conduct of any licensed premises or facility used to play social card games as governed by RCW 9 . 36, the Gaming Act, as amended, shall also be prohibited. 4-31-10.5 .C: Prohibited Uses and Unclassified Uses : Any uses not specifically listed as primary, secondary, accessory or conditional uses shall be prohibited; except those uses determined by the Zoning Administrator to be : 1) in keeping with the purpose and intent of the zone; and 2) similar in nature to a specifically listed primary, secondary, accessory or conditional 3 *kw ORDINANCE NO. 4691 *110 use . In addition, the operation and conduct of any licensed premises or facility used to play social card games as governed by RCW 9 . 36, the Gaming Act, as amended, shall also be prohibited. SECTION IV. This Ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this 1st day of December , 1997 . Marily J. etersen, City Clerk APPROVED BY THE MAYOR THIS 1st day of December 1997 . Jess Tanner, Mayor Approved as to form: 41101C/44h4144€5 7/242/"Le't—''/ Lawrence J. Warre City Attorney Date of Publication: .12/5/97 (Summary) ORD. 670 : 11/20/97 :as . 4 November 24, 1997 Renton City Council Minutes ... Page 388 Resolution #3294 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Transit interlocal cooperative agreement with the Transportation Improvement Board Signal Priority Project, for the design and construction of the Renton Transit Signal Priority System. TIB Grant, CAG-97- MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 12/01/97 for second and final reading: Planning: Center An ordinance was read amending Section 4-31-10.1.D.2 of Chapter 31, Zoning Downtown Upper-Story Code, of Title IV (Building Regulations) of City Code by eliminating upper- Setback Elimination story setbacks for property zoned Center Downtown and located in the Downtown Core Area. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/01/97. CARRIED. Planning:,Card Room An ordinance was read amending Sections 4-31-2, 4-31-10.1.C, 4-31-10.2.C, ,Ordinance Revisions 4-31-10.4.B.2, 4-31-10.5.C, 4-31-11.1.B.2, 4-31-11.2.B.2, 4-31-12.B.2 and 4- 31-16.C.6 of Chapter 31, Zoning Code, of Title IV (Building Regulations) of City Code by adding card rooms as a definition, adding card rooms as a prohibited use in the Mixed Commercial (CM), Community Commercial (CB), Convenience Commercial (CC), and Commercial Office (CO) zones, and adding card rooms as a permitted secondary use in the Arterial Commercial (CA), Light Industrial (IL), Medium Industrial (IM), and Heavy Industrial (IH) zones. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/01/97. CARRIED. Budget: 1998 Utility Rates An ordinance was read amending Sections 8-1-9.A of Chapter 1, Garbage, and 8-4-31.C.1 of Chapter 4, Water, of Title VIII (Health and Sanitation) of City Code relating to 1998 utility rates for all customer classes. MOVED BY EDWARDS, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/01/97. CARRIED. Finance: 1998 Property An ordinance was read fixing the rates and amount of taxes to be levied, and Tax Rates levying the same upon all taxable property, both real and personal, in the City of Renton, Washington, to finance the departments and activities of city government, and to provide for the general obligation bond principal and interest redemption requirements for the year beginning on the first day of January 1998. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/01/97. CARRIED. Finance: 1998 Budget An ordinance was read adopting the annual budget for the year 1998 in the total balanced amount of $106,806,380. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/01/97. CARRIED. The following ordinance was presented for second and final reading: Ordinance # 4689 An ordinance was read amending Title IV (Building Regulations) of City Code Legal: Wireless by adding Chapter 38, Wireless Communications Facilities. MOVED BY Communications EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE Ordinance ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. • No: ember 24. 1997 Renton City Council Minutes Page 382 As Chair of the Transportation Committee, Councilman Corman commented that the money provided by Boeing for this construction served as the critical local match required to obtain state and federal grant funds for the project. (See page 385 for approval of Memorandum of Agreement with The Boeing Company for this project.) PUBLIC HEARINGS This being the date set and proper notices having been posted and published Planning: Center in accordance with local and State laws, Mayor Tanner opened the public Downtown Upper-Story hearing to consider the proposed amendments to setback requirements in the Setback Elimination Center Downtown (CD) zoning classification. Michael Kattermann, Planning & Technical Services Director, explained that the only setback requirements in the Downtown Core Area affect upper stories. Specifically, ten feet of setback area is mandated for each story above 40 feet. Because the proposed Daily project is 50 feet in height, it would be subject to the current upper-story setback requirements. Continuing, Mr. Kattermann said while the Comprehensive Plan expresses a desire to avoid the "canyon effect" of too many unvarying building stories, staff feels the current Code is ambiguous and difficult to interpret. Staff recommends instead that this type of issue be decided on a case-by-case basis through SEPA and site plan review. Mr. Kattermann reviewed the options available to Council on this issue, which include the recommendation from staff and the Planning & Development Committee to eliminate the upper-story setbacks in the downtown area and evaluate whether they are needed on a case-by-case basis. Other alternatives would be to apply the setbacks only to properties abutting S. 3rd between Main and Burnett; apply them to the entire downtown pedestrian district; or apply them to the downtown pedestrian district in addition to several other downtown streets as recommended by the Planning Commission. Mr. Kattermann concluded that the staff recommendation would provide the greatest flexibility for downtown-area projects. Council President Keolker-Wheeler asked how fairness could be assured in how setbacks are applied if individual projects are evaluated separately. Mr. Kattermann replied that factors such as light, glare, view and aesthetics would be considered in making these decisions. He felt that sufficient guidelines exist to perform these evaluations, and added that staff is looking at formulating design guidelines specifically for the downtown district. Councilman Corman preferred staff's recommended resolution of this matter since he agreed that specific site plan review was the best way to address these issues. He added that achieving a pedestrian-friendly downtown may mean forgoing upper-story setbacks. Audience comment was invited. There being none, it was moved by PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 388 for ordinance.) Planning: Card Room This being the date set and proper notices having been posted and published Ordinance Revisions in accordance with local and State laws, Mayor Tanner opened the public hearing to consider the proposed revisions to Chapter 31, Zoning Code, of Title IV (Building Regulations), and Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) relating to card rooms and their location within the City of Renton. . November 24, 1997 Renton City Council Minutes Page 383 NW/ ,orsie I Don Erickson, Senior Planner, explained that Renton's Code currently does not address card rooms. Rather, this use is regulated by the State Gambling Commission which has issued licenses to two card rooms in Renton. Mr. Erickson described the changes made in the State's 1973 Gambling Act which was amended in 1996 and 1997. Under the changes, card rooms can now have up to 15 tables per establishment with ten players per table. The State now allows card rooms to be a use unto themselves rather than strictly an ancillary activity. Continuing, Mr. Erickson said the Council adopted a moratorium on card room permits and licenses in August to allow the establishment of local regulations controlling and permitting this use. He noted that concerns have been raised regarding this use and where card rooms should or should not be permitted in the City. In response, staff proposes that card rooms be defined as a distinct land use activity. Staff further recommends that future card rooms be limited to areas outside of Renton's downtown or its community (neighborhood) business districts. Mr. Erickson reviewed the staff proposal, which defines card rooms as an ancillary land use activity governed by the provisions of the State's Gambling Act and licensed by the State Gambling Commission. New card rooms would be prohibited in the Mixed Commercial (CM), Community Commercial (CB), Convenience Commercial (CC) and Commercial Office (CO) zones. Staff further proposes that card rooms be permitted as secondary uses only in the Arterial Commercial (CA), IL (Light Industrial), Industrial Medium (IM) and Heavy Industrial (IH) zones. Their location would be restricted to the Valley Planning area south of I-405 and west of SR-167, and they would be allowed only when ancillary to a permitted primary use where food and beverages are served on the premises. Audience comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 388 for ordinance.) Finance: 1998 Budget This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Tanner opened the public hearing to consider the proposed 1998 City of Renton Budget in the total balanced amount of $106,806,380. Victoria Runkle, Finance & Information Services Administrator, noted a change in the property tax rate affecting the excess levy amount. She explained this was done because the original excess levy amount was calculated using the total assessed value, but because seniors do not pay this full rate, this amount must be increased by some factor. The excess levy rate has now been rounded to $1.3 million. Audience comment was invited. Mary Ellen Stone, PO Box 300, Renton, 98055, representing the King County Sexual Assault Resource Center, thanked Council for considering and approving a $3,000 increase in the resource center's 1998 funding allocation. Ms. Stone said each year, KCSARC provides services to about 120 sexual assault victims from Renton, the majority of whom are children. She expressed appreciation for Council's support of this program, which originated in Renton. City of Renton PBPW 1 0 CARD ROOM AMENDMENTS ZONING CODE TEXT AMENDMENTS • BACKGROUND • ISSUES • POSSIBLE RESPONSES ■ RECOMMENDATIONS 2 0 CARD ROOM ZONING CODE AMENDMENTS BACKGROUND • No provision in City Zoning Code • Regulated by state Gambling Commission • City currently has two licensed card rooms • Diamond ul's ■ Freddie's Club 3 0 CARD ROOM ZONING CODE AMENDMENTS • 1973 Gambling Act, Amended in 1996/1997: — Changed card rooms from ancillary activity to new land use, i.e. "mini- casinos' — Increased size from 5 tables to up to 15 tables per establishment and 10 players per table — Allowed house to do own banking, e.g. create running"jackpots" 4 0 CARD ROOM ZONING CODE AMENDMENTS ■ 1973 Gambling Act, Amended 1996/1997: (continued) — Sets up test program for mini-casinos through 1999 — Requires operating agreement with state similar to tribal agreements — Requires new security systems and monitoring by state 5 0 CARD ROOM ZONING TEXT AMENDMENTS ■ In order to study issues, City adopted Card Room Moratorium(Res.#3280) on August 18, 1997 for 6 months or until adoption of new zoning controlling and permitting card rooms 6 0 CARD ROOM ZONING CODE AMENDMENTS ISSUES • Under current zoning card rooms are considered an ancillary use • Under current zoning card rooms approved by the state are allowed in all commercial zones in Renton • Concern about over proliferation of this new land use in Renton's downtown 7 0 CARD ROOM ZONING CODE AMENDMENTS ■ Concern about appropriateness of this new use in Renton's 11/25/97 1 Vier tirr City of Renton PBPW Neighborhood and Suburban Commercial Business Districts. • Concerns about compatibility of card rooms because of: — their hours of operation(10AM -6AM) — regional rather than local clientele — impacts to the City's image 8 0 CARD ROOM ZONING CODE AMENDMENTS POSSIBLE RESPONSE • Define card rooms as a distinct land use activity in City's Zoning Code so use can be regulated • Limit future card rooms to areas outside of Renton's downtown or community business districts 9 O CARD ROOM ZONING CODE AMENDMENTS RECOMMENDATION • Define°card rooms" as an ancillary land use activity governed by the provisions of state Gambling Act(RCW 9.46) and licensed by state Gambling Commission • Prohibit new card rooms in CM, CB, CC, and CO Zones 10 0 ZONING CODE AMENDMENTS CARD ROOM • Permit future card rooms in CA, IL, IM, and IH Zones as a permitted secondary use: — only allowed in Valley Planning Area south of 1-405 and west of SR-167 — only allowed when ancillary to a permitted primary use where food and beverages are served on the premises 11 0 11/25/97 2 • . . .Tr.„R: Lic-**).8:'''''E''''.1):„..::::::IVIM.:,,,,,.........-. 1616)''"9:9'...'":::7::.:...........1.' ‘ .......:.:.:.:„:„.„„,,,,mi !,::; :i*iii,i,:igi.;; ;,,,,.,.::::.::,:-..,..-.--. ;PROPOSED�Ol�GAMEI�DN�NTS>FOR OARD tOOIt?5....; '<>> '::;> ''>' R4r acldit�onalnfarmation,please contact: City of Renton Planning at5-2552: ;' �call Do : 7 ;n nck�o�:direct ..at 2 7 6 > : > :::.:";>:<'>` . INTRODUCTION The proposed amendments would create a definition for "card rooms" in Renton's Zoning Code pursuant to the provisions of the Revised Code of Washington, and licensing by the Washington State Gambling Commission, specifying that such a use is ancillary to a permitted use and is'to serve as a commercial stimulant to principal activities associated with the primary use. In addition,these amendments would prohibit card rooms in all of the City's commercial zones with the exception of the Commercial Arterial (CA) Zone. New card rooms would be allowed as a secondary use four zones: the Commercial Arterial (CA) Zone; the Light Industrial (IL) Zone; the Medium Industrial (IM)Zone; and Heavy Industrial (IH)Zone. Within these four zones card rooms would have to be: 1) ancillary to a permitted primary use where food and beverages are served on the premises; and, 2) located in an area with an Employment Area - Valley land use designation as shown on the City's Comprehensive Plan Land Use Map and located south of I-405. This would restrict new card rooms,when permitted by the Washington State Gambling Commission,to the CA, IL, IM, and IH Zones in that portion of the Renton Planning Area south of 1-405 and west of SR-167. Renton's existing two licensed card rooms would be grandfathered in as existing no conforming uses. PHHAND.DOC "caw mow watLE,« CY — c ° O OOo07Um0 R • _ 0 C7 `° E'o�`oa) mam01 m � ovZ>c0 > c <C)wv io.c•p0 cc o•o•c me c c om > 0M wz> m� O 0Q OLL�C N` e. 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OL ° C O C C n 3m` a> >, 2 .. as a s EE "y _ . :-, T _ • m,= c Caoca: o CO (I) a = Z �y• -- E w E c _ 7 "- ea i Yr cc c a0 -) V) -, 'a Z as1- J to '�� '' • . ` • CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed November 24, 1997, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: Proposed amendment to Title IV, Chapter 31, Zoning Code, and Chapter 8, Gambling Tax of Title V, Finance and Business Regulations, relating to card rooms and their location within the City of Renton. All interested persons are invited to attend the hearings and present oral or written comments in support or opposition to the proposals. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Marilyn J Pe en City Clerk Published: South County Journal November 14, 1997 Account No. 50640 r✓ W October 13, 1997 Renton City Council Minutes Page 331 The Committee recommended that: 1. The Administration be authorized to negotiate a contract with the DRA to lease the lot at 4th and Burnett. The contract will stipulate the DRA's responsibility to keep the lot clean and well-maintained. The lease term will be one year with options to renew annually. 2. The DRA be responsible for parking lot enforcement. 3. The Administration authorize the additional lighting for the parking lot, and the use of lease revenue to pay for that expense. 4. The Administration implement the change in the hourly parking on Third Ave. from Main St. to Burnett from one hour to two hour parking. At the end of six months, the DRA will survey the merchants on Third Ave. to ensure that the two-hour parking limit is working. MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning & Development Committee Chair Schlitzer presented a report Committeee recommending that Council set a public hearing on November 24, 1997, for an Planning: Card Room ordinance amending Chapter 31, Zoning Code, of Title IV (Building Ordinance Revisions Regulations) and Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) relating to card rooms and their location within the City of Renton. MOVED BY SCHLITZER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Parker presented a report recommending Finance: Assistant Finance concurrence with the request from the Finance Administrator that the Director Step Change Assistant Finance Director start at step D instead of step C of the salary range. The funds are budgeted; this change does not alter any other budget decision. MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. EDNSP: Creating a Finance Committee Chair Parker presented a report recommending Lodging Tax Advisory concurrence with the Administration's proposal that Council establish a Committee Lodging Tax Advisory Committee. The five-member committee will consist of two individuals from the lodging industry, two individuals who are involved in activities authorized to be funded by revenue received from the tax, and a member of the City Council who shall serve as chair. The committee will investigate the feasibility, advantages and disadvantages of implementing the 1% tax, and report back to the Mayor and Council with a recommendation within 45 days. The Committee further recommended that the following individuals be appointed to a Lodging Tax Advisory Committee: - Rick Meinig, Silver Cloud Inn-Renton - Bill Weisse, Holiday Inn Select-Renton - Betty Nokes, Renton Chamber President - Sandy Chastain, City of Renton Community Relations Specialist - King Parker, Renton City Councilmember. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. HR & RM: Finance Committee Chair Parker presented a report recommending Management/Exempt concurrence in the staff recommendation to approve extending a deferred Employees Deferred compensation benefit to all management/exempt employees who are on the Compensation Benefit payroll as of October 1, 1997, equal to 1% of their annual January 1, 1997 APPROVED BY CITY COUNCIL • Date ( /5 PLANNING&DEVELOPMENT COMMITTEE COMMITTEE REPORT October 13, 1997 Card Rooms in Employment Area-Valley (Referred July 21, 1997) That Council set a public hearing on November 24, 1997 for an ordinance amending Chapter 31, Zoning Code, of Title IV (Building Regulations) and Chapter 8, Gambling Tax of Title V(Finance and Business Regulations)relating to card rooms and their location within the City of Renton. Timothy J. Sch ' r air A Ala Bob . , Vi 44010 King 'arker,Member cc: Jay euvingferr Gregg Zimmerman iperPstersen- Document6m September 22, 1997 ,, Renton City Council Minutes.,,,.,; Page 309 September 1997 to discuss the proposed City Center sign regulations, and related and housekeeping amendments. City staff conducted public workshops and an open house in June, July, and September, and a questionnaire was distributed in July. A public hearing has been held on September 22, 1997. The Committee concurred with the proposed ordinance prepared by the Administration and the City Attorney's office to create new sign regulations for the City Center and make related and housekeeping amendments, and recommended referral to the Planning & Development Committee to resolve a few remaining issues. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Card Rooms This being the date set and proper notices having been posted and published Land Use Definitions and in accordance with local and State laws, Mayor Tanner opened the public . , hearing to consider the continuation of the moratorium on the issuance of business licenses and other permits for card rooms. Planning & Technical Services Director Mike Kattermann indicated the moratorium, declared on August 18th, is necessary to give the City time to establish appropriate regulations for this type of use. He explained that Renton has a disproportionate number of card rooms within its boundaries as compared to other cities or King County in general. Additionally, a 1996 amendment to the State Gambling Act allows 15 rather than five card tables per establishment. It also allows any card game permitted in a tribal casino to be played in these card rooms. Mr. Kattermann concluded that the subject of card room regulations is scheduled for discussion by the Planning & Development Committee on October 9th. Audience comment was invited. There being none, it was MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Vacation: SW Harris Place This being the date set and proper notices having been posted and published (Rutherford et al/VAC- in accordance with local and State laws, Mayor Tanner announced the 97-002) continuance (from 9/08/97) of a public hearing on vacating a portion of SW Harris Place between Rainier Ave. S. and SW Sunset Boulevard (Rutherford et al., VAC-97-002). At the request of staff and affected parties, it was MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL CONTINUE THIS PUBLIC HEARING FOR AN ADDITIONAL TWO WEEKS TO OCTOBER 6, 1997. CARRIED. ADMINISTRATIVE Executive Assistant Jay Covington reviewed a written administrative report REPORT summarizing the City's recent progress toward goals and work programs adopted as part of its business plan for 1997 and beyond. Items noted included: * The list recommended by the Eastside Transportation Partnership (ETP) for lobbying on transportation funding includes a significant number of Renton projects, notably the NE 44th St. interchange at Port Quendall. * Metro has expressed agreement with the City's preferred operational scheme for the Downtown Renton Transit Center. q 0U Cz O Renton PUBLIC`INFORMATIO1 HANDOUT ,SEPTEMBER 22, 1997 CARD ROOM MORA.TORIVNI .. PUBLIC MEETING or additi onal infor mation, please contacts Cat- of Renton Planning and Technical Serv►cs at;277 G 8 DESCRIPTION OF PROPOSAL The City of Renton declared a moratorium on the issuance of business licenses or other City permits for card rooms as defined by Chapter 9.46 RCW, 1973 Gambling Act,on August 18, 1997. REASONS FOR MORATORIUM The City of Renton has a disproportionate number of card rooms within its boundaries as compared to other cities or King County in general. The City of Renton has not established a separate use listing in the zoning code for card rooms which, under a 1996 amendment to the Gambling Act, are now allowed to be substantially larger. • Prior to 1996 the social card rooms were limited to a maximum of five (5) card tables per establishment with tables being"banked"by players. • Prior to 1996 card rooms were ancillary to the selling of food and beverages on the premises of the establishment where they were allowed. Under the new rules card rooms now appear to be the primary activity with the selling of food or drink being secondary. • Amendments to the Washington State Gambling Act in 1996 now allow establishments to have up to 15 card tables per establishment with tables being "banked"by card room owners. The new law allows any card game allowed in a tribal casino to be played in these card rooms. The City of Renton needs time to study where card rooms should be allowed. CITY COUNCIL ACTION The City Council passed Resolution No. 3280 which declared a moratorium on accepting, processing or permitting any card rooms within the City of Renton. This same resolution established a public hearing date on September 22, 1997 to accept public testimony on whether or not the City should continue this moratorium. volso• *roe m 43 m m m m m C C•2 O C M ,„co•p E c ac, o U m�g E•Z>o0 Ymy._oQ . c E oovmo,op p•N.0 •O 3 7 O •j d•j N QNf" .,,,JJ m i .� O C 0 el Z(n mL m2 C O y a) Om j mtnN 3z'W•a� L O 0 m ,_ y ,_ „ o co L N,„ � m EO Oc m �t•- OCJw-caL�o c 2 cmi N�na e c�N .1U} . . oU C . c c p•= v m }m2 °3— 'n m om Nmg ,' . o WL MOO O O ym•p (dmC • 00=(jM�U aco a�i c �m a, a`ai aci CO-- c..«-.' 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CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed September 22, 1997, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: 1. Sign Regulations in the Downtown Area (City Center) 2. Continuation of Moratorium on Issuance of Business Licenses for Card Rooms All interested persons are invited to attend the hearings and present oral or written comments in support or opposition to the proposals. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Marilyn . P sen City Clerk Published: South County Journal Sepember 12, 1997 Account No. 50640 LOCATIONS OF POSTINGS DONE ON //2-Ofi7 , 1997. 1. ,1,(Adl- /%52-6-/- 22,9-g4,r/ e,a/ad, 2. CERTIFICATION STATE OF WASHINGTON) ss COUNTY OF KING ) I 7?i-dV,u EREBY CERTIFY THAT 3 COPIES OF THE ABOVE NOTICE WERE POSTED BY ME IN THREE OR MORE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED AND TWO COPIES WERE POSTED AT THE RENTON MUNICIPAL BUILDING, 200 MILL AVENUE S., RENTON, WA ON DATE OF g/kp 7 SIGNED : A SUBSCRIBED AND SWORN TO BEFORE ME this 10 day of #944 ' , 19 9 Notary Public in and for the State of Washington, residing at ,,QQ,►‘.4--"6 VEIN,' „r► • CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed September 22, 1997, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: 1. Sign Regulations in the Downtown Area (City Center) 2. Continuation of Moratorium on Issuance of Business Licenses for Card Rooms All interested persons are invited to attend the hearings and present oral or written comments in support or opposition to the proposals. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. evti Marilyn . P rsen City Clerk Published: South County Journal Sepember 12, 1997 Account No. 50640 •t., N co aD F CD = O CD A `� N: c 0r C — 03 p LD c p K p E,,,,, pF z C .+ . — a) cr C Vf ?.-� D7 '+'p p •• (D p cD N 1G cD (D CD 'h'� a 3 3 cD c p cD < -, * 2 • Via.^� a (aD c o w cD > > Cr N a,1 O.0 •�N,� a W �r .. 03 * ° 0 0 CDD a' (D cDD 'a Q N. c- N u, p o • 0 (ID ° ao 7 m o co rt5 0 p co T. -., cD -, o 3 m N a ID � o� a �' Q m CrcA - -off rn < CD c Fn. 11 CD '- CDI cp CD 3x = a-0a: 6a 0ry CO cA m �� 0 -„ o ° -) � p < c o. 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N N co as ► p cD 0 O p ca• K cp r co N c c = 3 ` , co el c = = p m m w co '< o, o - = — On -, - c (Qc N cD CD CDp `..COR. 0 CD �cp m>m°Disvo fDcND II 4 mom m D n =�v-•v 3 w S. c'O o ' $ o�� < � CS(nta � yn7fD 'y'm5co v �z m-0 < ?a m`o o �nf_-fn opm.� fD o� CD a' ? °mom.<C7 33 55 N7 "sm rn vao Wca-' 0 i •., me o X0m`337wy., c)�m -ZZ�"4 n_33o vo ..haw we,� 3)c Z 7 D m c o w o y� O 3 n gng. a�v0i' �:ooNormmz o3 - m= x a) 5-"-)3*y 3 a a'Qom ' o n o 0 0 VC N�03� • m IV N=-N CD w�•W c O� f O0 = C = O' 7a� OOpNp wz �+ .CpQO coa) Oc'—O p 0 0 � > > cocco0 = = 3) cvmir La- N Cr V•p N W O cD n 0 1 P cat' o-O y iv 0 N fa)7 a Q P-j O O 0 -.. 7n0^' � anK�(p- 77 C August 18, 1997 Renton City Council Minutes Page 276 Resolution #3274 A resolution was read setting a hearing date on September 8, 1997, for Vacation: SW 16th St vacating a portion of SW 16th Street between Monster Road and Grady Way (Schober/VAC-97-003) (Schober; VAC-97-003). MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3275 A resolution was read setting a hearing date on September 15, 1997, for Vacation: SW 12th St vacating a portion of SW 12th Street between Maple Avenue SW and Rainier (Scarff & Snyder/VAC- Avenue S., and the remaining unvacated alley area between Grady Way and 97-005) SW 12th Street in the Automall Area (Snyder and Scarff; VAC-97-005). MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3276 A resolution was read setting a hearing date on September 15, 1997, for Vacation: SW 12th St vacating a portion of SW 12th Street between Maple Avenue SW and Rainier (Scarff & Avenue S. in the Automall Area (Scarff and Ballestrasse; VAC-97-006). Ballestrasse/VAC-97-006) MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3277 A resolution was read approving the Cherrywood Lane final plat (Northward Plat: Final, Cherrywood Development of 63 lots on NE 6th and Duvall Ave. NE; File No. FP-97-059). Lane (FP-97-059) MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3278 A resolution was read authorizing the Mayor and City Clerk to enter into an Solid Waste: 1997 King interlocal cooperative agreement with King County for waste reduction and County Funding for recycling grant programs for the suburban cities. MOVED BY NELSON, Recycling Programs SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3279 A resolution was read relating to parks and public facilities; establishing a Council: Policy on Naming policy and procedure for the naming of City parks and public facilities. City-Owned Facilities and MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADOPT THE Properties RESOLUTION AS PRESENTED. CARRIED. Resolution #3280 A resolution was read declaring a moratorium on the issuance of business Planning: Card Room licenses or other City permits for card rooms, as defined by Chapter 9.46 Moratorium RCW; establishing a public hearing date on September 22, 1997; and establishing a termination date for the moratorium. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for second and final reading: Ordinance #4678 An ordinance was read amending Sections 4-31-16.B.1, 4-31-16.B.2 and 4-31- Planning: Child Day Care 16-B.4.g of Chapter 31, Zoning Code, of Title IV (Building Regulations) of Centers in the Commercial City Code by moving the day care center use from Administrative Conditional Office Zone to Primary Use in the Commercial Office (CO) Zone. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL ADOPT ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. EXECUTIVE SESSION MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 25 MINUTES TO DISCUSS FRANCHISE NEGOTIATIONS. Time: 8:54 p.m. The meeting was reconvened at 9:19 p.m.; roll was called; all Councilmembers present. CITY OF RENTON, WASHINGTON RESOLUTION NO. 3280 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON THE ISSUANCE OF BUSINESS LICENSES OR OTHER CITY PERMITS FOR CARD ROOMS AS DEFINED BY CHAPTER 9 .46 RCW, ESTABLISHING A PUBLIC HEARING DATE, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton has two established card rooms and a third such card room is being proposed; and WHEREAS, the City of Renton has a disproportionate number of card rooms within its boundaries as compared to other cities or King County in general ; and WHEREAS, the concentration of such card rooms in Renton would indicate that the City of Renton is serving as a regional provider for card rooms ; and WHEREAS, it is necessary for the City of Renton to study the direct effects and secondary effects of such uses; and WHEREAS, the City of Renton has not established a separate zoning category for card rooms; and WHEREAS, the state law on card rooms has recently changed permitting substantially larger card rooms; and WHEREAS, the City of Renton wishes to establish a time period within which it can study these various issues without permitting of additional card rooms; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS : ''RESOLUTION NO. 3280 Noe SECTION I . The above recitals are found to be true and correct in all respects . SECTION II . There is hereby declared a moratorium on accepting, processing or permitting any card rooms within the City of Renton. SECTION III. There is hereby established a public hearing date on September 2211d 1997, to accept public testimony on whether or not the City should continue this moratorium. SECTION IV. This moratorium shall be in place for a period of six months, which moratorium may be extended or renewed for one or more six month period(s) , but only if a subsequent public hearing is held and findings of fact are made prior to each renewal . This moratorium shall be earlier terminated upon adoption of a zoning ordinance controlling and permitting card rooms within the City of Renton. SECTION V. During this six month moratorium the City shall study applicable City policies, rules, regulations and laws, the staff shall make recommendations to the City Council or subcommittee thereof on the Comprehensive Plan policies, zoning and development regulations which should be adopted to present a harmonious, integrated set of policies, rules, regulations and ordinances governing the location and development of card rooms within the City limits of the City of Renton. PASSED BY THE CITY COUNCIL this 18th day of August , 1997 . Marilyn etersen, City Clerk 2 f 2ESOLUTION NO. 3280 APPROVED BY THE MAYOR this 18th day of August 1997 . Jess Tanner, Mayor Appr d as to pl.) Lawrence J. Warren, City Attorney RES . 605 : 7/28/97 . 3 August 18, 1997 Nome Renton City Council Minutes Page 274 Citizen Comment: Greene Correspondence was read from Rose Mary Greene, 530 Index P1. NE, Renton, - DAWN Funding 98056, encouraging continued funding support for the Domestic Abuse Women's Network (DAWN). MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL REFER THIS CORRESPONDENCE TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. OLD BUSINESS Council President Keolker-Wheeler presented a report regarding the Committee of the Whole downtown redevelopment project. The Committee recommended approval of Council: Downtown the reallocation of existing funds and new funding required to complete the Redevelopment Project following public infrastructure improvements: Funding Reconfiguration of Smithers, Logan and Third: Reallocation (not applicable). Gateway Feature: New Funding, $50,000. Street and Pedestrian Improvements on Logan: Reallocation, $200,000; New Funding, $150,000. Development of Piazza (first phase): Reallocation, $200,000; New Funding, $35,000. Development of Seattle Pipeline ROW: New Funding, $250,000. Purchase of Property North of Seattle Pipeline: New Funding, $35,000. Total City Investment: Reallocation, $400,000; New Funding, $520,000. The source for the additional funding will come from the sale of City property located between Logan and Morris Avenues and South 2nd and 3rd, sales tax on construction of the Daily project, and mitigation fees. It is understood that the implementation of these public improvements is contingent upon the Daily Homes purchase and development of the property. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Downtown Core Council President Keolker-Wheeler presented a report regarding the Sign Code Area Sign Code update for the Downtown Area. In accordance with the schedule described in Regulations response to City Council Motion and Referral #97027-C, a public hearing regarding proposed sign regulations for the Downtown Area (also called the City Center) is to be held in late September, 1997. The Committee recommended that a public hearing be scheduled for September 22, 1997. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Vacation: SE 5th St (Orff; MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL VAC-97-004) REFER THE MATTER OF APPRAISAL FEE OPTIONS FOR THE SE 5TH ST. STREET VACATION (BRUCE ORFF, VAC-97-004) TO THE PLANNING & DEVELOPMENT COMMITTEE. CARRIED. Community Services Community Services Committee Chair Nelson presented a report Committee recommending concurrence in the approval of the proposed City Park, Council: Policy on Naming Recreation and Public Facility Naming Policy. The Committee further City-Owned Facilities and recommended that the resolution regarding this matter be presented for Properties reading and adoption. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 276 for resolution.) Planning & Development Planning & Development Committee Chair Schlitzer presented a report Committee regarding card rooms in the Employment Area - Valley. The Committee Planning: Card Rooms believes that social card rooms as defined by the Gambling Act of 1973, as Land Use Definitions and amended in 1996, should be regulated at the local level through the City's Rest—nc—' t o Zoning Code. The Committee recommended that: August 18. 1997 Renton City Council Minutes Page 275 vow * New card rooms (as defined in the Revised Code of Washington, Chapter 9.46) only be allowed in the Employment Area - Valley designation south of I-405; * Council impose a moratorium on further card room development (as defined in the Revised Code of Washington, Chapter 9.46) to allow sufficient time to adopt needed legislation to regulate this new, more intensive use as allowed under the legislature's recent 1996 amendments to the State Gambling Act of 1973; * Council hold a hearing on September 22, 1997, to take testimony on whether the moratorium should be continued; * The issue of rate of taxation for gambling be referred to the Finance Committee; and * The land use issues related to social card rooms be held in Committee for further consideration. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY SCHLITZER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 276 for resolution adopting the moratorium.) Utilities Committee Utilities Committee Member Schlitzer presented a report recommending Solid Waste: 1997 King concurrence in the Planning/Building/Public Works Department's County Funding for recommendation that Council authorize the Mayor and City Clerk to execute Recycling Programs the King County Waste Reduction and Recycling Program Interlocal Agreement, which authorizes the City to receive $33,388 in funding from King County to continue the organics/yard waste program, the business recycling program, and the residential/multi-family recycling program. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY SCHLITZER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 276 for resolution.) Public Safety Committee Public Safety Committee Chair Edwards presented a report recommending Fire: 1998-2003 EMS concurrence in the request of the Administration that Council support Levy reauthorization of the county-wide Emergency Medical Services (EMS) levy, 1998-2003, which replaces an existing EMS levy that will expire at the end of 1997. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Parker presented a report recommending approval Finance: Vouchers of Claims Vouchers #149770 - 150225; two wire transfers in the total amount of $2,645,059.21; approval of Payroll Vouchers #154330 - 154713; and 491 direct deposits in the total amount of $1,265,928.36. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3273 A resolution was read setting a hearing date on September 8, 1997, for Vacation: SW Harris Place vacating a portion of SW Harris Place between Rainier Avenue South and SW (Joseph et al/VAC-97- Sunset Boulevard (Joseph, Leavens, Regis and Rutherford; VAC-97-002). 002) MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. APPROVED BY .., CITY COUNCIL Date r'/r' 1 PLANNING&DEVELOPMENT COMMITTEE COMMITTEE REPORT August 18, 1997 Cardrooms in Employment Area-Valley (Referred July 28, 1997) FINDINGS: The Committee believes that social card rooms as defined by the Gambling Act of 1973, as amended in 1996, should be regulated at the local level through the City's Zoning Code. RECOMMENDATION: The Committee recommends: • Only allowing new cardrooms (as defined in the Revised Code of Washington, Chapter 9.46) in the Employment Area-Valley designation south of I-405, • That Council impose a moratorium on further card room development (as defined in the Revised Code of Washington, Chapter 9.46)to allow sufficient time to adopt needed legislation to regulate this new more intensive use as allowed under the legislature's recent 1996 amendments to states' Gambling Act of 1973, • That the issue of rate of taxation for gambling be referred to the Finance Committee,and • That the land use issues related to social cardrooms be held in Committee for further consideration. 0 Timothy J. Schli er hair . h E'o. Ewar, Vice C' . I ram/ • King P-a777, ember cc: y covingto� July 21, 1997 Menton City Council Minutes Page 240 Planning: Card Rooms Planning and Technical Services Division proposed creating a new land use Land Use Definitions and definition for card rooms in the Zoning Code and simultaneously restricting Restrictions such uses to the Arterial Commercial and Industrial Zones in the Employment Area - Valley designation. Refer to Planning & Development Committee. Public Works: South Utility Systems Division recommended transferring $480,000 from various Renton Sewer Wastewater 421 accounts to the South Renton Sewer Replacement project. Replacement Project, Refer to Finance Committee. Fund Transfer from Other Accounts MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Finance Committee Chair Parker presented a report regarding the Finance Committee reclassification of two positions in the Finance Department. The Committee HR&RM: Finance Dept recommended concurrence in the staff recommendation to approve the Reclasses proposed reclassifications within the Finance Department. If approved, the following positions will be reclassified with new titles and a reorganization within the Finance Department from: Accounting Assistant IV, grade 9, to Accountant, grade 18, and Fiscal Services Director, grade 30, to Assistant Finance Director, grade 37. There will not be any additional funds required for 1997 due to the vacancy in the Accounting Assistant IV position. This amount should cover the cost of the reclassifications. Savings from the vacancies in base pay is approximately $6,044, which is two months pay at the E step of grade 9. The additional 1997 cost could vary as much from $5,288 to $242, depending on which step the position is filled at. The above change is to be effective August 1, 1997. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning & Development Committee Chair Schlitzer presented a report Committee regarding building permit revisions. In a continuing effort to find ways in Development Services: which to streamline the permitting process, it was determined that a Building Code Changes combination permit and fee for new single family construction would be an (Combo Building Permit; excellent opportunity to meet this objective. It was also determined, during a Fee Schedules) review of plumbing, mechanical, and electrical fee schedules, that a flat fee would be easier and more efficient for the contractor and permit staff to calculate. The Planning and Development Committee recommended concurrence in the staff recommendation to adopt a combination building permit for new single family houses, to adopt revised and added electrical code fees, and to adopt revised and added plumbing code fees to reflect the 1991 UPC fees. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY SCHLITZER, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 242 for ordinance.) CAG: 97-008, Planning & Development Committee Chair Schlitzer presented a report Development Plan Review regarding the Reid Middleton consultant agreement for plan review services. Consultant Agreement, Due to an increase in plan review activities for structural and non-structural Reid Middleton plan review, and an increase in the rates in the new January 1, 1997 consultant agreement, it is necessary to increase the $20,000 contractural limit by $25,000 for a total of $45,000. The funding source for the amendment will be the increase in projected plan check fees received as a result of the large volume of applications processed. The Committee recommended that the Mayor and City Clerk be authorized to execute Addendum No. 1 to the consultant agreement (CAG-97-008). MOVED BY SCHLITZER, SECONDED 'Y OF RENTON COUNCIL AGENDA L AI #: i . e . Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Planning and Technical Services July 21, 1997 Staff Contact Mike Kattermann (ext. 6190) Agenda Status Consent X Subject: Public Hearing... Correspondence.. Card Rooms in Employment Area - Valley Ordinance Resolution Old Business Exhibits: New Business Study Sessions Issue Paper and Valley Zoning Map Information Recommended Action: Approvals: Referral to the Planning Commission and the Planning and Legal Development Committee Dept X.. Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted N/A Revenue Generated Total Project Budget N/A City Share Total Project.. Summary of Action: The City currently has two establishments with advertised card rooms in the downtown area and another is about to open along Third Street. The proposed action would prohibit additional card rooms in Renton's Downtown Core area and limit these uses to the Employment Area - Valley land use designation. STAFF RECOMMENDATION: Create a new land use definition for card rooms in the Zoning Code, specify that such uses are limited to the CA and Industrial Zones in the Employment Area - Valley designation as shown on Renton's Comprehensive Plan Land Use Map, and amend the Finance and Business Regulations, Chapter 8, prohibiting card rooms except where permitted by the Zoning Code. • H:Planning/ZoningCRDRMAGD CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: July 7, 1997 TO: Kathy Keolker-Wheeler, President City Council Members VIA: Mayor Jesse Tanner FROM: Gregg Zimmerman,Administrator 6 Planning/Building/Public Works Department STAFF CONTACT: Mike Kattermann(ext. 6190) SUBJECT: Card Rooms in Employment Area-Valley ISSUE: The City of Renton currently has two advertised card rooms in the downtown area and another is about to open along S. Third Street west of Shattuck Avenue S. Card rooms are now treated as an accessory use to businesses serving food and beverages on their premises and can potentially locate in commercial zones throughout the city. The Administration suggests that such uses be limited to Renton's Employment Area -Valley land use designation. RECOMMENDATION: Staff recommends amending both the Finance and Business Regulations, Chapter 8, and the Building Regulations, Chapter 31, as shown on Exhibits "A"and"B", attached, limiting establishment of new card rooms to the CA and industrial zones within the Employment Area-Valley land use designation as shown on Renton's Comprehensive Plan Land Use Map. BACKGROUND: • Card rooms which are licensed by the State of Washington Gambling Commission are typically allowed in conjunction with existing eating establishments. They are classified as a "commercial stimulant" and July 10, 1997 (Rev.) Page 2 are limited to no more than fifteen tables per establishment The legislature, in adopting the 1973 Gaming Act, authorized "any person, association or organization operating an established business primarily engaged in the selling of food or drink for consumption on the premises to conduct social card games" as a "commercial stimulant to such business" when licensed and utilized or operated pursuant to the provisions of the Act. The City of Renton's only reference to games of chance, which presumably includes card games, is in Section 4-31-10.4.,B.5.r., Commercial Arterial Zone, Hearing Examiner Conditional Uses, which references "[n]ot for profit gambling casinos including games of chance and/or bingo." In order to limit this activity it appears that the City's Zoning Code would first need to identify this activity as a separate land use before it can adopt special provisions pertaining to it. Since "punch tabs" which are authorized as a permitted activity by the state are prohibited outright under Renton's Finance and Business Regulations, it would appear that the City also has the authority to ban or restrict the location of card rooms. Punch tabs, are prohibited in Section 5-8-3 of the City's Finance and Business Regulations. Presumably,the City could also prohibit new card rooms or limit their location by a similar provision in Chapter 8, Finance and Business Regulations. Exhibit"A", attached, is an example of how Section 5-8-3 might be amended . Another option that the City could pursue would be to define card rooms as a specific land use type and limit their location using the City's Zoning Code. The problem with this approach is that "card rooms" as now operated in Renton and most municipalities,are ancillary uses to some other permitted land use, in this case businesses serving food and beverages on the premises. To change this the City could, for example,define"card rooms"under Definitions in the Zoning Code and then only permit this activity as a permitted primary, secondary, or conditional use in specified zones. If the City wishes to limit future card rooms to the Valley, it could do this either by making this activity a secondary use or a conditional use. Because this use would, under this proposal be restricted to the Employment Area - Valley, it was felt that impacts on abutting uses was less critical than it might be elsewhere in the city and treatment as a secondary use could suffice. As a secondary use it could be stipulated that card rooms must be in an area designated as Employment Area-Valley on the City's Comprehensive Plan Land Use Map. Exhibit"B", attached is an example of how this might be done. The Employment Area Valley land use designation allows and is mapped with the following zones: Commercial Arterial, Commercial Office, Light, Medium and Heavy Industrial, and Resource Conservation. The most restrictive application in terms of land area available would be to allow card rooms only in the Commercial Arterial zone which allows restaurants, motels, and hotels outright. CA zoned areas, however, are also those with the greatest visibility from major arterials and freeways. Current land use policies in the Employment Area - Valley area also allow non-commercial areas to rezone to CA. Another option would be to allow card rooms in the CO Zone possibly in conjunction with hotels and motels with accessory eating/drinking establishments. However, staff does not recommend this approach as it changes the nature and character of these designated office areas. As illustrated in Table 1. Eating and drinking establishments are currently allowed as a secondary use in the IL, IM and IH Zones with the conditions that they primarily serve employees of the area and there is a shown community need for the use. July 7, 1997 Page 3 CONCLUSION: City Council is being asked to consider this issue and the recommended approach of limiting card rooms to the Commercial Arterial and industrial zones in the Employment Area - Valley designation (see attached map). This would preclude the establishment of new card rooms in other parts of the city, though existing uses of this type could continue. TABLE 1.-ZONES ALLOWING RESTAURANTS AND HOTELS/MOTELS IN EMPLOYMENT AREA-VALLEY DESIGNATION RC No No CA Yes Yes IL . Secondary Use for Employees of Area No and Shown Community Need, or, as an Accessory Use IM Secondary Use for Employees of Area No and Shown Community Need, or, as an Accessory Use IH Secondary Use for Employees of Area No and Shown Community Need, or, as an Accessory Use CO Secondary Use within Another Yes Structure and No Drive Through Service H:Planning/Zoning/Cardissue low 'roe EXHIBIT "A" Section 5-8-3: PUNCHBOARDS AND CARD ROOMS PROHIBITED: The operation, conduct and sale of "punchboards" as defined above is hereby expressly prohibited in the City of Renton. The operation and conduct of any licensed premises or facility used to play social card games shall be expressly prohibited in the City of Renton unless specifically referenced as a permitted or conditional use under Renton's Zoning Code, Title IV, Chapter 31. EXHIBIT "B" Section 4-31-2: DEFINITIONS: CARD ROOMS: A use ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. Such uses shall only be allowed pursuant to the provisions of RCW 9.46, 1973 Gaming Act and licensing by the Washington State Gambling Commission. Section 4-31-10.4.,B.2., Secondary Uses Permitted Subject To Conditions: o. Card Rooms: Card rooms when ancillary to a permitted primary use where food and beverages are served on the premises and located in an area with an Employment Area-Valley land use designation as shown on the City's Comprehensive Plan Land Use Map. Note: This example refers only to the Commercial Arterial Zone. This language would need to be added to all zones where card rooms were determined to be an acceptable secondary use in the Employment Area-Valley designation. 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I . .I.....1.. fT"' I O 5�4� 1 1 1 11/y 0 1800 3600 ••••••• Heavy Industrial (IH) I " Medium Industrial (IM) 1 :21 ,600 ':::::::....::::::: Light Industrial (IL) 4 Commercial Office (CO) �Y ���� Commercial Arterial (CA) v~ O� Planning and Technical Services n ""' P-1 (Public Kh,...1,A, i Planning/Building/Public Works li.�.:.A Use) ,. ,� O. Dennison, R. MacOnie -. W Resource Conservation (RC) NZO 19 June 1997 Employment Area—Valley Boundary