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''7 C C O N 7 7 N! n? -..p-.cn •z _ 7C7 -0,.c, . . m A-.. -cc) . fD 7.__ nm-...m N _-7.m June 19,2000 '`" Renton City Council Minutes Page 221 Council meeting of 6/26/00 for second and final reading: Development Services: An ordinance was read amending Section 140, Building Fees, of Chapter 1, Temporary Signs for Special Administration and Enforcement, Section 100, Sign Regulations, of Chapter 4, Events Property Development Standards, and Section 190, Definitions S,of Chapter 11,Definitions, of Title IV(Development Regulations) of City Code by modifying the exemptions from sign permit requirements, amending the requirements for prohibited,temporary, and political signs and devices,and providing for grand opening and special event signage. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/26/00. CARRIED. The following ordinances were presented for second arid final reading: Ordinance#4846 An ordinance was read granting unto Metromedia Fiber Network Services,Inc., Franchise: Metromedia Fiber a Delaware corporation, its successors and assigns, the right,privilege, Network Services authority and franchise to install fiber optics cable underground together with appurtenances thereto,upon, over,under, along,across the streets,avenues and alleys of the City of Renton for the purpose of installing infrastructure to operate as a broadband digital communication provider and carrier utilizing switching and fiber optic facilities. MOVED BY PERSSON, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4847 An ordinance was read amending Section 4-2-080 of Chapter 2,Land Use Legal: Card Room Use Districts, of Title IV(Development Regulations) of City Code by banning new Conditions Amendments card rooms from the City of Renton should a court of competent jurisdiction find that the City Zoning Ordinance is unconstitutional or illegal as it relates to card rooms, and allowing the continuation of existing card rooms as nonconforming legal uses. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: FOUR AYES: KEOLKER-WHEELER, SCHLITZER, CLAWSON,AND PARKER; TWO NAY: PERSSON AND NELSON. CARRIED. NEW BUSINESS Councilmember Keolker-Wheeler submitted a name to be added to the party- Development Services: St. of-record lists for projects relating to St. Anthony's Church or St. Anthony's Anthony's Church Projects School (Aldo Lucio Zerbato,205 S. 3`d St.,Renton, 98055). Party-of-Record Regional Issues: SeaTac Flight Councilman Clawson announced that he attended the Port Commission meeting Path Changes regarding the proposed SeaTac flight path changes. He reminded Council that a letter had been sent asking the Commission not to recommend adoption of the split-east turn because it would bring more air traffic over the north end of Renton and Newcastle. Mr. Clawson reported that the Port Commission recommended retention of the existing flight patterns. MOVED BY CLAWSON, SECONDED BY KEOLKER-WHEELER,ADMINISTRATION DRAFT A LETTER TO THE PORT COMMISSION THANKING THEM FOR THEIR ACTION IN MAINTAINING THE EXISTING FLIGHT PATTERNS.* Councilman Schlitzer asked that the Mayor's previous comments regarding aircraft safety also be added to the letter. *MOTION CARRIED. ADJOURNMENT MOVED BY SCHLITZER, SECONDED BY PARKER,COUNCIL ADJOURN. CARRIED. Time: 8:07 p.m. June 12,2000 aidoe Renton City Council Minutes''e Page 212 Amendments; CA Zone regarding office amendments in the Light Industrial(IL)Zone,and a Hotel/Motel Uses housekeeping amendment to correct a conflict between use tables for hotel and motel uses in the Commercial Arterial (CA)Zone. This Zoning Code amendment was referred to the Committee as part of the 2000 Comprehensive Plan Amendments. The zoning text amendment requires a separate public hearing before the City Council pursuant to Renton Municipal Code 4-8-080H, Type X Land Use Permits. The Committee recommended that the Council set a public hearing for June 26,2000. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Clawson presented a report recommending that the Public Works: Wash City& City Council approve Renton entering into an interlocal agreement establishing County Pipeline Safety the Washington City and County Pipeline Safety Consortium, and adopt a Consortium resolution authorizing this action. MOVED BY CLAWSON, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution#3458 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Trans-Valley interlocal agreement for the Trans-Valley Study. MOVED BY PERSSON, Study Participation,King SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS County,CAG-00- READ. CARRIED. The following ordinance was presented for first reading and referred to the meeting of 6/19/00 for second and final reading: Franchise: Metromedia Fiber An ordinance was read granting unto Metromedia Fiber Network Services,Inc., Network Services a Delaware corporation,its successors and assigns, the right,privilege, authority and franchise to install fiber optics cable underground together with appurtenances thereto,upon,over,under, along, across the streets,avenues and alleys of the City of Renton for the purpose of installing infrastructure to operate as a broadband digital communication provider and carrier utilizing switching and fiber optic facilities. MOVED BY PERSSON, SECONDED BY CLAWSON,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/19/00. CARRIED. Legal: Card Room Use An ordinance was read amending Section 4-2-080 of Chapter 2,Land Use Conditions ts Districts, of Title IV(Development Regulations)of City Code by banning new card rooms from the City of Renton should a court of competent jurisdiction find that the City Zoning Ordinance is unconstitutional or illegal as it relates to card rooms, and allowing the continuation of existing card rooms as nonconforming legal uses. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/19/00. CARRIED. NEW BUSINESS MOVED BY CORMAN, SECONDED BY PERSSON,COUNCIL CANCEL Council: Meeting THE REGULARLY-SCHEDULED COMMI I'TEE OF THE WHOLE AND Cancellations(7/03/00, COW COUNCIL MEETINGS FOR JULY 3, 2000. CARRIED. and Regular Meeting) Public Works: Cedar River Councilmen Corman and Schlitzer complimented the City on the landscaping Park Opening work done at Cedar River Park following completion of the dredging project. EXECUTIVE SESSION MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 30 MINUTES TO DISCUSS A PERSONNEL MA 1'I'hR. CARRIED. Time: 8:29 p.m. June 12,2000 10., Renton City Council Minutes ``-"', Page 211 CRT: 00-009,Winston v Court Case filed by Alison K. Chinn, 157 Yesler Way, Suite 400, Seattle, Renton 98104,representing Kevin R. Winston,alleging an ownership and/or possessory interest in$1,720 in cash seized by the Renton Police Department, and requesting that the court remove the forfeiture claim by the Renton Police Department and assume jurisdiction over this claim. Refer to City Attorney and Insurance Services. Finance:Accounting Asst III Finance&Information Services Department requested authorization to fill a Hire at Step E vacant Accounting Assistant III position at Step E of the salary range. Refer to Finance Committee. Planning: Assisted Living Economic Development,Neighborhoods and Strategic Planning Department Facilities(Possible Zoning requested direction from Council regarding creating a new use category in the Code Category) Zoning Code related to Assisted Living Facilities. Refer to Planning& Development Committee. MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Finance Committee Chair Parker presented a report recommending increasing Finance Committee staff by 1.5 full-time employees in support of leasing activities at City Hall. Finance:New Personnel for The salary,benefits,and equipment required by the full-time custodian and the City Hall 4th Floor Tenant half-time facilities technician will be covered by the rent paid to the City by Support(Custodial/Maint) Iron Mountain,Inc.for leasing the fourth floor of Renton City Hall. The lease will begin on June 15,2000 and includes one option to renew. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMII"1'hE REPORT. CARRIED. Finance:Vouchers Finance Committee Chair Parker presented a report recommending approval of Claim Vouchers 182632-183036 and two wire transfers totaling$2,178,425.09, and Payroll Vouchers 25634-25877 and 518 direct deposits totaling $1,000,619.67. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation Committee Transportation Committee Chair Persson presented a report recommending that Transportation:Trans-Valley Council approve the Trans-Valley Study interlocal agreement with King Study Participation,King County. This agreement outlines Renton's participation in this multi- County,CAG-00- jurisdictional study of transportation needs, and commits$13,000 toward the project. MOVED BY PERSSON,SECONDED BY SCHLITZER,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 212 for resolution.) Planning&Development ` Planning&Development Committee Chair Keolker-Wheeler presented a report Committee j recommending that Council concur with the recommendation of the City Planning: Card Room Use Attorney with regard to a revision in zoning for mini-casinos. The Committee Conditions Amendments recommended that the City amend Section 4-2-080A, "Conditions Associated with Zoning Use Tables",of Chapter 2,Land Use Districts, of Title IV, Development Regulations,to add language to both Condition#255 and Condition#272, stating that"Should any court of competent jurisdiction find that the City zoning scheme for card rooms is unconstitutional or illegal,then the City elects to permit the existing card rooms to continue operation as non- conforming legal uses and otherwise bans card rooms." The Committee also recommended that the ordinance regarding this matter be presented for first reading. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER,COUNCIL CONCUR IN THE COMMI ITEE REPORT. CARRIED. (See page 212 for ordinance.) Planning: IL Zone Office Planning&Development Committee Chair Keolker-Wheeler presented a report to PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT June 12, 2000 Zoning for Mini-Casinos (Referred 4/17/00) The Planning and Development Committee recommends that Council concur with the recommendation of the city attorney with regard to a revision in zoning for mini-casinos. The Committee recommends that the City amend Section 4-2-080A. "Conditions Associated with Zoning Use Tables" of Chapter 2, Land Use Districts, of Title IV, Development Regulations, to add language to both Condition#255 and Condition#272, stating that: "Should any court of competent jurisdiction find that the City zoning scheme for card rooms is unconstitutional or illegal, then the City elects to permit the existing card rooms to continue operation as non-conforming legal uses and otherwise bans card rooms." The Committee also recommends that the ordinance be placed on first reading this date. r/ 0,44 - 1,Dmat thy K=.lker-Wheeler, Chair G. Timothy Schl. e , Vice Chair Dan Clawson, Member cc: Don Erickson e �r .fir RENTON CITY COUNCIL Regular Meeting June 12,2000 Council Chambers Monday, 7:30 p.m. MINUTES Municipal Building CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF RANDY CORMAN,Council President; TIMOTHY SCHLITZER;KING COUNCILMEMBERS PARKER;DON PERSSON; KATHY KEOLKER-WHEELER; DAN CLAWSON; TONI NELSON. CITY STAFF IN JESSE TANNER,Mayor;JAY COVINGTON,Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN,City Attorney;MARILYN PETERSEN,City Clerk; GREGG ZIMMERMAN,Planning/Building/Public Works Administrator;JIM SHEPHERD,Community Services Administrator; MIKE WEBBY,Human Resources Administrator; DENNIS CULP,Facilities Director;KAREN MARSHALL,Human Services Manager,DON ERICKSON, Senior Planner; DEREK TODD,Assistant to the CAO; CHIEF GARRY ANDERSON,Police Department. PRESS Robert Teodosio,Renton Reporter APPROVAL OF MOVED BY CORMAN, SECONDED BY SCHLITZER,COUNCIL COUNCIL MINUTES APPROVE THE MINUTES OF JUNE 5,2000 AS PRESENTED. CARRIED. SPECIAL PRESENTATION Karen Marshall,Human Services Manager,introduced Pamela Wilson and Kari Human Services: Human Hollandsworth,the newest members of the Human Services Advisory Services Advisory Committee Committee. Ms.Marshall noted that the committee will soon start interviewing Member Introduction the 41 agencies who applied for 2001 Community Development Block Grant funding and General Fund grants, an important annual undertaking. PUBLIC HEARING This being the date set and proper notices having been posted and published in Planning: Card Room Use accordance with local and State laws,Mayor Tanner opened the public hearing Conditions Amendments ' to consider amendments to card room use conditions. Don Erickson,Senior Planner,explained that these amendments respond to the position taken in 1999 by the Washington State Gambling Commission that it, and only it,can regulate the location of card rooms within a jurisdiction allowing such uses. Mr.Erickson said in 1997,Renton restricted new card rooms to the Commercial Arterial(CA), Light Industrial (IL),Medium Industrial(IM),and Heavy Industrial (III)Zones in areas with the Employment Area-Valley Comprehensive Plan land use designation. Existing card rooms outside of the prescribed area were deemed legal nonconforming uses. Because the Gambling Commission has stated that cities may not exercise their zoning authority with respect to gambling establishments,Renton faces the possibility that card rooms could be allowed anywhere in the City, even in residential areas. As a precaution,the proposed amendments to Renton's City Code would make existing card rooms nonconforming uses, and would ban new card rooms should any court of competent jurisdiction find that the City zoning regulations for card rooms is unconstitutional or illegal. Responding to Councilman Parker,City Attorney Lawrence J.Warren said the State Senate declined to take action on this issue this year,although the House of Representatives was willing to look at it. In response to Councilmember Nelson,Mr.Warren said if one of the current June 12,2000 v"� Renton City Council Minutes Page 209 owners of an existing card room sold the establishment,it could continue to operate under the new ownership. Mr.Warren added that he disagrees with the informal opinion issued by the Assistant Attorney General on this subject because the opinion presumes a pre-emption by the State of the cities'rights to zone gambling establishments. However,the law on pre-emption states that the Legislature must have formally pre-empted the area,which it has not done, or they must have so completely occupied the territory that there is no room for any city to legislate. Councilman Parker commented that the implications of this matter are considerable,in that it could deny cities the ability to zone for these types of uses. Public comment was invited. Don Schumsky,2019 Jones Ave.NE, Renton, 98056, claimed that Renton's refusal to allow him to operate a mini-casino at the location of his restaurant, the All City Diner,was a violation of his civil rights. Adding that he has not been treated fairly,he said he has spent thousands of dollars to obtain a gambling license from the State,only to have the City inform him that his restaurant is not zoned for house-banked card rooms. Mr. Schumsky explained that the State has assumed control of all rules pertaining to gambling statewide to prevent graft on the local level. He did not feel that the Council should have any jurisdiction over his business, and concluded that Renton would benefit from another mini-casino due to increased revenues. Steve Schumsky, 6806 S. 133rd St., Seattle, 98178, opposed banning new mini- casinos in Renton. Saying that these uses bring at least 100 well-paying jobs to each location and contribute millions of dollars' of revenue to city, state and federal coffers,he said Renton should not allow one company to operate a mini-casino while banning other companies of the same industry. Adding that he construed such a position to be a civil rights violation,he said the only ethical position the City could take would be to either allow mini-casinos to all who wish to operate one, or ban them completely. Mayor Tanner replied that mini-casinos are not banned in the City of Renton, but rather are allowed in the Employment Area-Valley area. Councilman Parker recalled the public process which the City undertook to restrict new gambling uses to the Valley area,noting that some cities have banned such uses outright. Councilman Clawson echoed Mr.Parker, saying he was certain that due process was followed in adopting these zoning restrictions. Mr. Clawson likened this situation to when the City created the Automall area to relocate dealerships out of the downtown. He emphasized that Renton will fight to preserve its right to zone and allow various uses where it sees fit. Councilmember Keolker-Wheeler added that the City is considering banning all further gambling uses only because the opinion issued by the Assistant Attorney General has forced it into a position of all or nothing. She agreed with Mr. Clawson that the City carefully considers and applies zoning rules and regulations to all types of businesses, and that gambling should be no different. Responding to Councilmember Nelson,Mayor Tanner replied that the Gambling Commission may never take action on this issue. If,however, Renton was sued and received an adverse ruling by a court,it could immediately invoke this ordinance to protect itself. June 12,2000 Renton City Council Minute`'s' ' Page 210 Mr. Schumsky stated he has invested a great deal of money in his current location and cannot afford to relocate it to the Valley area. Councilman Parker inquired what would happen if Mr. Schumsky did,in fact, obtain a license from the State to operate a mini-casino. Mayor Tanner replied that Mr. Schumsky would not be able to secure the necessary permits from the City to conduct this type of operation at the current location of the All City Diner,as this would violate Renton's zoning regulations. MOVED BY PARKER, SECONDED BY CLAWSON,COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 211 for Planning& Development Committee report on this subject.) ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2000 and beyond. Items noted included: * The public is invited to join the Mayor and City Council for a special ceremony to dedicate the downtown park, the Piazza,on Thursday,June 15th at 6:30 p.m. * The City is holding a public open house tomorrow, June 13th, to gather input on potential improvements to the I-405/NE 44th St. interchange. * Over 76 tons of recyclable materials and 580 gallons of household hazardous waste were collected on Spring Recycle Day last month. * More than 750 children tried fishing and casting during the annual Kid's Classic Fishing Derby held at Gene Coulon Park on June 3rd. AUDIENCE COMMENT Gary McKee,6431 Corson Ave. S.,Seattle, 98178, spoke regarding the Citizen Comment:McKee— Washington State Department of Transportation's request for a noise variance SR-167 Noise Variance to conduct repaving of SR-167. Mr.McKee thanked Council for granting this Appeal(Committee Report request,but noted that the Planning&Development Committee report adopted Correction) on this subject last week referred to"S.2nd Street"when it should have referenced"S. 7th Street." MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL SUSPEND ITS RULE AND ADVANCE TO THE PLANNING& DEVELOPMENT COMMI I"I'hE REPORT ON THIS SUBJECT. CARRIED. Planning&Development Planning&Development Committee Chair Keolker-Wheeler presented a report Committee regarding the SR-167 Noise Variance Appeal. At the Council meeting on June Transportation: SR-167 Noise 5,2000,the Planning and Development Committee report on this subject was Variance Appeal (Committee read and adopted by the full Council. Subsequently, it was determined that Report Correction) there was a typographical error on page 2,item 3, of that report. The typographical error had the noise variance of 14 days covering work extending from Grady Way to S. 2nd Street. The reference to S. 2nd Street should be S. 7th Street. There is no pending appeal that would cover the territory between S. 7th Street and S. 2nd Street,and so the variance as initially requested and granted by the Board of Public Works of up to 65 days shall apply to that road section between S.2nd Street and S. 7th Street. MOVED BY KEOLKER- WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMIII'hE REPORT. CARRIED. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council President Corman noted that item 8.a. on the printed agenda has been removed at staffs request. Julia Medzesian-Re: Don Schumsky's intention to go forward with gambling at All City Diner Page 1 Nape From: Gregg Zimmerman To: Robert Arthur Date: 6/15/00 1:18PM Subject: Re: Don Schumsky's intention to go forward with gambling at All City Diner Thank you for the information, Bob. >>> Robert Arthur 06/15/00 06:22AM >>> July 16, 1999, Mr. Schumsky was sent a letter(on file) advising him that the City was aware of his application to the State Gambling Commission and his request to have in-house banked card games at his business, All City Diner located at 423 Airport Way in Renton. The letter went on to say that zoning does not allow gambling and that should the City become aware that gambling activities are being conducted at the All City Diner, then legal proceedings would be initiated. This letter was submitted to Larry Warren, City Attorney, and was approved in content by him prior to mailing to Mr. Schumsky. Now comes Mr. Schumsky stating at the City Council meeting of Monday,June 12th, that some sort of gambling license for the All City Diner was coming soon from the Gambling Commission and that he intends to go forward with enhanced gambling operations upon receiving this license. Shana Lingel of the State Gambling Commission, in Olympia, at telephone number 360-438-7654, extension 352, stated that Mr. Schumsky had deposited $10,000 on September 17, 1998 as an application to have House Bank Cards (Section 67). Ms. Lingel stated that the application was administratively closed on May 5, 2000, because Mr. Schumsky had not provided them the necessary information to finalize the license. Ms. Lingel went on to say that Mr. Schumsky had not made a new application as of June 14, 2000. I will keep close tabs on this situation. Bob Arthur CC: Jay Covington; Jesse Tanner • • 3 � ? • • s a • m+,..r �. 4444 ' Am- w • �� '' N4 Cli 70 • :Zit�4 3�? iP �j a 4 pits " : ,# <1!? ti �.a r g ". 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S • • ,, mod:7L. c_ ':� 6 5't-5- -,P,,li.,,'' ' yy i Yw'.k.t h3: ' s.iuy H P,c.. jh @ , y.- q " Y ^s; 'd • 0 • • • y (SIC O Proposed Code Revisions to Use Conditions #255 and #272 (Section 4.2.080.A) Banning Card Rooms if Renton's Current Zoning Scheme for Regulating Card Rooms is Found Illegal or Unconstitutional Public Hearing June 12th, 2000 7:30 PM Renton City Council Chambers Summary: Proposed amendments to Section 4-2-080A of Chapter 2, Land Use Districts, of Title IV, Development Regulations, of Ordinance No. 4260, Entitled "Code of General Ordinances of the City of Renton, Washington". These proposed amendments by the City of Renton would make existing card rooms nonconforming uses and would ban new card rooms in the city should any court of competent jurisdiction find that the City zoning scheme for card rooms is unconstitutional or illegal. These amendments would apply to Conditions #255 and #272 in Section 4-2-080. Condition #255 applies to card rooms in the IL and IH Zones, and Condition #272 applies to card rooms in the IM Zone. These proposed changes are response to protestations by the Washington State Gambling Commission that it, and only it, regulates the location of card rooms within a jurisdiction allowing such uses. Recommendation: Amend Section 4-2-080A. "Conditions Associated with Zoning Use Tables" of Chapter 2, Land Use Districts, of Title IV, Development Regulations, to add language to both Condition # 255 and Condition # 272, stating that: "Should any court of competent jurisdiction find that the City zoning scheme for card rooms is unconstitutional or illegal, then the City elect to permit the existing card rooms to continue operation as nonconforming legal uses and otherwise bans card rooms." Amends Summary.doc\ Notes to the Renton City Council Re: The banning of Mini-Casino Style Gambling Opposition: 1. Mini-Casinos' and the Employment Effect; Mini-Casinos have been known to bring at least 100 or more well paying jobs per location to the communities that they are within. By banning Mini Casinos', the City is saying to its constituency, "We don't care if our citizens could have the opportunity to get a better paying job". 2. Mini-Casinos' and the Increase of Government Tax Revenue; Mini-Casinos bring in millions of dollars to city, state, and federal coffers. The main beneficiary of these tax dollars are the cities and in turn the citizens of those cities who would benefit from the surplus of revenue to be used in city programs and projects. 3. The "pitfall" of Banning all Mini-Casinos except two owned by the same company: The City of Renton does not want to be in the precarious position of allowing one company to operate in the city while banning other companies of the same industry. The thought of it congers up certain illegal ramifications. The only position the city can ethically take is to either allow house-banked gambling to all or to ban it completely. 4. Civil Rights Violations in Accord to the Proposed Banning of Mini- Casinos while Grandfathering xisting Mini-Casinos: Allowing one party to participate in an activity while disallowing other persons is a direct violation of that person's civil rights. This proposal has all of the elements needed to violate a person or persons civil rights. Anyone voting for this proposal could be subject to a personal civil rights suit. Thank you, Steve Schumsky pn 4'f., te• ,,• , t<`` 1 1, al 4 ,,,,, .. w -I a) 0 ? C) O * m3 m to 00 0 liott co = a C 0 z = or P c p-00 co=c 47-cr. o°X1 og.<0c-- -I.4 73: a 27="o'n "=a,n) aa ..... CD o m 0. -, ate. .. 0 Si _o o ?Ic o co o ,� D N 0, C) c 5 a CD 0 5- = a) to v p O + N O O. Q. O, (/� p CD fa i'd a • C y 0 n CD v O. CO O ,. �, a I Q (yC 0 0 o, ° COD O O c' CD ? 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ID CD alO m�-' omno � n91mm c0nm3o w < 2<- D 9 n < m m c a) c aa-Qg•z v _ w 94 z °'hl naywova� 0 �.X.n�'w�om '-.' w 15_ 2 m.7 y fD n w fQ O O al m ( non_ � gmw � b �zw � ogm w yC /0 wo��oo Qnnw `mmmoao a!;3•,::• - - m» � z toEV. w =copn5 `ow3m5= _ Q0 '< n c i < n wo omm Wam o o "' m�° 73 nwn'`5 �Q<mo > >> cw -oC=wC omm • a = CD a•,< m' CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 12th day of June, 2000, at 7:30 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, 98055, to consider the following: Card Room Use Conditions to grandfather existing mini-casinos and ban all further mini-casinos in Renton, in the event that a court invalidates the City's zoning ordinance relating to these uses. All interested parties are invited to attend the public hearing and present written or oral comments regarding the proposal. City Hall is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Call 430-6510 for additional information. 3N.A.d0/41 Brenda Arline Deputy City Clerk Published: South County Journal May 27, 2000 5/26/2000 cc: Don Schumsky, Owner Schumsky's All City Diner 423 Airport Way Renton, WA 98055 Fred Steiner, Owner Freddie's Club 111 S. 3rd St. Renton, WA 98055 5/26/2000 cc: Don Schumsky, Owner Schumsky's All City Diner 423 Airport Way Renton, WA 98055 Fred Steiner, Owner Freddie's Club 111 S. 3'd St. Renton, WA 98055 CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 12th day of June, 2000, at 7:30 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, 98055, to consider the following: Card Room Use Conditions to grandfather existing mini-casinos and ban all further mini-casinos in Renton, in the event that a court invalidates the City's zoning ordinance relating to these uses. All interested parties are invited to attend the public hearing and present written or oral comments regarding the proposal. City Hall is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Call 430-6510 for additional information. Brenda Arline Deputy City Clerk Published: South County Journal May 27, 2000 Account No. 50640 May 8,2000 ti.r Renton City Council Minutes `do' 187 • Incorporated commercial container rental into base rate(previously billed separately by contractor). MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilman Clawson pointed out that even though the new contract includes additional services that were not available before,there will not be a rate increase this year. Planning& Development Planning& Development Committee Chair Keolker-Wheeler presented a report Committee recommending that Council set a public hearing on June 12,2000 to consider Legal: Card Room Use proposed amendments for card room use conditions. MOVED BY KEOLKER- Conditions Amendments WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE _^B1 Ar COMMITTEE REPORT. CARRIED. EDNSP: King County Comp Planning&Development Committee Chair Keolker-Wheeler presented a report Plan Amendment re: May regarding a proposed King County Comprehensive Plan amendment. The Valley Urban Separator Executive Proposed King County Comprehensive Plan amendments for 2000 include a Land Use Map amendment to redesignate an area of Renton's Potential Annexation Area in the vicinity of May Creek from Urban Residential, Low to Greenbelt/Urban separator. The affect of the proposed amendment would be to maintain the existing R-1 zoning on the subject properties until 2012. If implemented,King County will not support annexation of this area to the City without an interlocal agreement to maintain the one unit per acre zoned density. The existing King County R-1 Zone is consistent with the Renton Comprehensive Plan and with the proposed zoning regulation adopted by the City Council in 1997 that would apply Renton's R-1 Zone upon annexation. The Council adopted the R-1 Zone after lengthy consideration of the potential impact of higher density on May Creek and its environs. The Committee recommended that the Council and the Administration draft a joint letter to the King County Council supporting the proposed Map Amendment 2 to the King County Comprehensive Plan. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Parker presented a report regarding appropriating 2000 Mid-Year/Carryforward funds from fund balance, increasing the expenditures in various funds and Budget Adjustments departments,and increasing the 2000 Budget. The Committee recommended adoption of an ordinance that authorizes adjustments to the 2000 Budget including some unexpended dollars to be carried forward from 1999 and other mid-year budget adjustments. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 188 for ordinance.) ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3456 A resolution was read approving the Windsong Division I final plat; 11.55 acres Plat: Windsong Division I,NE in the vicinity of Hoquiam Ave.NE and NE 4th St. (FP-99-143). MOVED BY 4th St/Hoquiam Ave NE(FP- CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE 99-143) RESOLUTION AS READ. CARRIED. ti.. .. APPROVED BY , CITY COUNCIL Date -a � -� PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT May 22,2000 Proposed Card Room Use Conditions Amendments (Referred April 17,2000) The Planning & Development Committee recommends that the Council set a public hearing for June 12, 2000 to consider these proposed amendments for Card Room Use Conditions. ette4 — 1A)kee.12.4.___, athy olker-Wheeler, Chair ..°4/1 4 d imothy J. Sc i er, Vice Chair (14.-- Q-04-2.4... J Dan Cln,Member .„„,.^ cc: Sue Carlson Don Erickson Rebecca Lind MiniCasino.rpt\ Revision Date 2000 CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: May 18, 2000 RECEtV ED TO: Larry Brosman, Chairman iv1AY 1 8 2000 Planning Commission Members FROM: Sue Carlson, Administrator RENTON DV COUNCIL EDNSP Department STAFF CONTACTS: Rebecca Lind, Ext. 6588 SUBJECT: Proposed Card Room Use Conditions Amendments ISSUE: • Whether the City should add new provisions to the Use Conditions in Section 4.2.080.A that would make existing card rooms legal non-conforming uses and ban new card rooms in the city should any court of competent jurisdiction find that the City's existing zoning provisions for card rooms is unconstitutional or illegal. RECOMMENDATION: Staff recommend that the Commission support such provisions and recommend the proposed amendments to the City Council. BACKGROUND SUMMARY: In 1999 the City adopted new provisions to its Development Regulations (Title IV) in order to regulate the location of social card rooms within the City. This was done because at that time, the Washington State Gambling Commission had adopted new regulations which allowed social card rooms to be enlarged from five (5) tables per establishment to up to fifteen (15) tables per establishment, with as many as ten (10) players per table. These new establishments were referred to as "enhanced" card rooms or "mini-casinos". A number of jurisdictions imposed moratoria or outright banned social card rooms. Rather than prohibiting all card rooms, Renton decided that it would regulate their location through its zoning regulations. As a consequence, such uses were restricted to specified zones in that portion of the Employment Area - Valley land use designation south of I-405, in the CA, IL, and IH Zones, and to that portion of the Employment Area - Valley land use designation south of SW 16th Street, in the IM Zone. Existing social card rooms elsewhere became legal non-conforming uses. The Washington State Gambling Commission has contended that only it, as the sole licensing agency for card rooms in the state, can determine where they are allowed. In addition, it has stated that as an May 16, 2000 Page 2 ancillary use to establishments serving food and beverages, card rooms can be licenses by the state anywhere such food and beverage establishments are allowed unless they have been banned. They have questioned the ability of cities such as Renton, to regulate the location of social card rooms within their jurisdictions. Under their interpretation, anywhere a restaurant or, other use serving food such as a bowling alley is allowed, card rooms, whether enhanced as "mini-casinos" or not, could also presumably be allowed by the state unless banned by the local jurisdiction. The proposed amendments to Condition#255 and Condition#272 of Conditions Associated with Zoning Use Tables (Section 4-2-080A) are intended to protect the City by banning additional card rooms if the courts rule in favor of the Gambling Commission or any other party challenging Renton's approach of using its land use regulations to determine where such uses may be allowed. CONCLUSION: Proposed amendments to Zoning Use Tables Conditions#255 and #272 should be adopted. These changes would make existing card rooms legal non-conforming uses and ban new card rooms in the city, should any court of competent jurisdiction find that the City's zoning scheme for regulating card rooms is unconstitutional or illegal. The Washington State Gambling Commission has recognized the right of local jurisdictions to ban all new card rooms. cc: Mayor Tanner City Council Jay Covington Larry Warren Documentl/ Nor ',fro CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-2-080 OF CHAPTER 2, LAND USE DISTRICTS, OF TITLE 4 (DEVELOPMENT REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY BANNING NEW CARD ROOMS FROM THE CITY OF RENTON SHOULD A COURT OF COMPETENT JURISDICTION FIND THAT THE CITY ZONING ORDINANCE IS UNCONSTITUTIONAL OR ILLEGAL AS IT RELATES TO CARD ROOMS, AND ALLOWING THE CONTINUATION OF EXISTING CARD ROOMS AS NONCONFORMING LEGAL USES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-2-080, Conditions Associated with Zoning Use Tables, of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: Footnote #255 to Card rooms in the IL and IH zones is hereby amended by adding the following language: Permitted 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. Should any court of competent jurisdiction find that the City zoning scheme for card rooms is unconstitutional or illegal, then the City elects to permit the existing card rooms to continue operation as nonconforming legal uses and otherwise bans card rooms. 1 +'ORDINANCE NO. Nero Footnote 272 to Card rooms in the IM zone is hereby amended by adding the following language: Permitted when ancillary to a permitted primary use where food and beverages are served on the premises and located south of S.W. 16`t' Street within an area with an Employment Area- Valley land use designation as shown on the City Comprehensive Land Use Map. Should any court of competent jurisdiction find that the City zoning scheme for card rooms is unconstitutional or illegal, then the City elects to permit the existing card rooms to continue operation as nonconforming legal uses and otherwise bans card rooms. SECTION II. This ordinance will be effective upon its passage, approval and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2000. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of 2000. Jesse Tanner, Mayor Approved as to legal form: Lawrence J. Warren, City Attorney Date of Publication: ORD.842:05/04/2000:as. 2 April 17, 2000 %No.. Renton City Council Minutes "`"''' Page 133 of S 4th St(St. Anthony's), Frank Abraham,representing St. Anthony's Parish, 314 S.4th St.,Renton, on VAC-00-001 3/22/00, accompanied by the required application fee. Refer to Board of Public Works and Utilities Committee; set a public hearing on 5/08/00 to consider the petition. (See page 134 for resolution setting the public hearing.) ENDPS: Port Quendall SEPA Economic Development, Neighborhoods and Strategic Planning Department SEIS Planned Action, requested approval of a contract with Huckell/Weinman Associates, Inc. for Huckell/Weinman SEPA Planned Action Supplemental Environmental Impact Statement for the Port Quendall project. The costs will be reimbursed 100%by the developers. Refer to Finance Committee. Legal: Grandfathering of Legal Department submitted proposed ordinance which, in the event that a Existing Mini Casinos (& court invalidates the City's zoning ordinance relating to these uses, would Banning of All New) grandfather existing mini casinos and ban all further mini casinos in Renton. / Refer to Planning&Development Committee. ( \ MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL APPROVE "" �� THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Alain D. Bourdoiseau, 1915 NE 27th St., Citizen Comment: Renton, 98056, opposing penalties for repeated false burglar alarms, since Bourdoiseau—Fines for residents who install these systems are only trying to protect themselves and Repeated False Burglar their home. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL Alarms REFER THIS LETTER TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Citizen Comment: Gilroy— Correspondence was read from Dick Gilroy,Northward Homes, Inc., 1560— Rerouting Reimbursement 140th Ave. NE, Bellevue, 98005, requesting compensation for the required (Ernst Preliminary Plat rerouting of the sanitary sewer associated with the Ernst Preliminary Plat Sanitary Sewer, NE 10th St) project(FP-99-145) on NE 10th Street. Preliminary estimate of the reimbursement is $137,277.89. MOVED BY CLAWSON, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THIS MATTER TO THE UTILITIES COMMITTEE. CARRIED. Citizen Comment: Pearl— Correspondence was read from Phil Pearl, 5302 S. Lola Lane, Langley, WA, Cedar River Hangars Lease at 98260, regarding the Cedar River Hangars lease at Renton Municipal Airport. Municipal Airport Mr. Pearl expressed his appreciation to Council President Randy Corman for his sincere interest in this issue, and for offering thoughtful comments in response to concerns raised at last week's Council meeting. Mr. Pearl reiterated his desire that the City renegotiate a lease extension for this business, emphasizing that most lessees at the airport are good stewards of City property. He appealed to Mr. Corman to facilitate a dialogue between Cedar River Hangars and the City on this subject in the hope of reaching a mutually acceptable solution. OLD BUSINESS Finance Committee Chair Parker presented a report recommending Council Finance Committee concurrence in the staff recommendation that Council approve a budget Parks: 200 Mill Ave S adjustment ordinance authorizing additional appropriations in the 2000 Budget Building Tenant Improvement for necessary tenant improvements to the 200 Mill Ave. S. building. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Parker presented a report recommending approval of Claim Vouchers 180670 - 180976, and two wire transfers totaling $1,063,922.15. And approval of Payroll Vouchers 24756—24978 and 530 direct deposits totaling$997,318.28. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. 3 • CITY OF RENTON COUNCIL AGENDA BILL AI #: 1. cU,• SUBMITTING DATA: FOR AGENDA OF:April 17, 2000 Dept/Div/Board.. Legal Staff Contact.. Lawrence J. Warren AGENDA STATUS: Consent X SUBJECT: Zoning for Mini Casinos Public Hearing.. Correspondence.. Ordinance Resolution Old Business.... EXHIBITS: New Business.... Proposed Ordinance Study Session... Other RECOMMENDED ACTION: APPROVALS: Legal Dept X Refer to Planning and Development Committee Finance Dept.... Other FISCAL IMPACT: Expenditure Required... None Transfer/Amendment.. Amount Budgeted Revenue Generated... SUMMARY OF ACTION: The City Council passed an ordinance zoning mini casinos into an area located south of I-405 and west of the Valley Freeway. Subsequently, an Assistant Attorney General issued an Opinion that such a zoning ordinance was preempted by the Washington State Gambling Act. A number of cities actively contested that Opinion and sought legislation out of the 2000 Legislature clarifying the city zoning authority. The Legislature failed to act. The proposed ordinance would deal with the situation where a court would find the city zoning ordinance illegal or unconstitutional. In that instance, the ordinance would "grandfather" existing mini casinos but ban all further mini casinos. There is clear authority in the statute for the city to ban all mini casinos. The same Attorney General's Opinion that claimed preemption of city zoning authority also claims that the city cannot "grandfather" existing uses. However, that Opinion also appears to be questionable. If that Opinion was correct, then the state would have to shut down the mini casinos. Passing such an ordinance would take away any incentive that any party would have to sue the city because if successful, and the zoning category was stricken, then the use would be banned altogether. Staff recommendation is to approve the amendatory ordinance as written. Agendadoc.37. laimmorsimaiNiiimr *144, *Iirisof • CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-2-060.E OF CHAPTER 2, LAND USE DISTRICTS, OF TITLE 4 (DEVELOPMENT REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY BANNING NEW CARD ROOMS FROM THE CITY OF RENTON SHOULD A COURT OF COMPETENT JURISDICTION FIND THAT THE CITY ZONING ORDINANCE IS UNCONSTITUTIONAL OR ILLEGAL AS IT RELATES TO CARD ROOMS, AND ALLOWING THE CONTINUATION OF EXISTING CARD ROOMS AS NONCONFORMING LEGAL USES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-2-060.E of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: 4-2-060.E. CULTURAL, ENTERTAINMENT AND RECREATIONAL USES Entertainment/Amusement Card rooms Footnote 255 to Card rooms in the IL, IH and CA zones is hereby amended by adding the following language: Should any court of competent jurisdiction find that the City zoning scheme for card rooms is unconstitutional or illegal, then the City elects to permit the existing card rooms to continue operation as nonconforming legal uses and otherwise bans new card rooms. 4-2-060.E. CULTURAL, ENTERTAINMENT AND RECREATIONAL USES Entertainment/Amusement Card rooms 1 +RDINANCE NO. Footnote 272 to Card rooms in the IM zone is hereby amended by adding the following language: Should any court of competent jurisdiction find that the City zoning scheme for card rooms is unconstitutional or illegal, then the City elects to permit the existing card rooms to continue operation as nonconforming legal uses and otherwise bans card rooms. SECTION II. This ordinance will be effective upon its passage, approval and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2000. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , 2000. Jesse Tanner, Mayor Approved as to legal form: Lawrence J. Warren, City Attorney Date of Publication: ORD.842:3/l 3/2000:as. 2