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HomeMy WebLinkAboutCard Room Use Conditions (6/12/2000) `````oNI111111//1//I,
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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
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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
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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 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.
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