Written by We reviewed three appeals tonight on city council, all of them as “quasi-judicial” land-use hearings. In quasi-judicial cases, council is not allowed to take new testimony, and instead is required to make appeal findings strictly from the public record that is already captured in the project file. In this special situation, the council is not acting as a normal political body, but is instead serving the role of judges or juries (hence, quasi-judicial).
In one of tonight’s three cases, the case of the Blueberry Haven Appeal, the public record contained contested testimony about whether Kennydale Creek in the highlands flows year-round; If it does, then it is not a class 4 “intermittent creek” as the city has officially classified it, and it requires larger land-use buffers than the applicant proposed. The Hearing Examiner has already had a hearing on this decision, and he heard testimony from a representative from the State Department of Fisheries, and from numerous citizens, indicating that this was a year-round creek. But the applicant insisted if flows only intermittently, and can not support life. This is similar to the official city classification that was assigned to the creek a few years.
After 20 years of living in the highlands, I have my own observations about Kennydale Creek. To me, it appears that the creek flows year round, every year. I have never seen it stop flowing in 20 summers.
Since I have made this observation on countless walks through my neighborhood, I could not think of a way to keep from being biased by my own observation that this creek seems to always be flowing.
I have seen attorneys reject potential jury candidates based on the candidate being too intimately familiar with a location or other aspect of a case. I understand judges recuse themselves for a similar reason in some cases. Since this was a legal matter based on the existng record, not a political question, I recused myself instead of arguing my belief that this stream is always flowing.
However, I still think it flows year round.
Council Member Marcie Palmer, a resident of lower Kennydale, recused herself for the same reason (as I understand it).
I should add that I feel that my other five council colleagues (who do not live near this creek) did an honorable job of evaluating the case record, and I don’t blame them for the decision they made.
I might introduce the idea that we have a new study commissioned to once-and-for-all decide if we have an intermittent creek or a year-round creek. It probably won’t affect the subject property, but it could affect others.
Again
The reason we all vote for you year after year is because you try to make ethical choices, not expedient ones. It has been the basis for your reputation, and the trust Rentonites have in you, for a long time. Looks like we’ll have to put Marcie up on that pedestal with you!
The Randy Corman Fan Club
???
I guess I just don’t understand procedure. You know that the thing runs all year round but you can’t say it runs all year round because you know it runs all year round? You have personal experience, so you need to recues yourself. It is a legal matter and you can’t participate because you know the facts?
Yet another reason why I don’t like layers!
I thought you were elected because you live here and know the area and what is in our best interests. Now because of what lawyers did in the past you are not able to apply that experience?
I don’t get it,
Mark Martinez
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Seconded.
I respect your decision and the thoughts behind it, but….
In any administrative review, can’t the facts of the case be validated?
Just because you’re observant, doesn’t mean you have a conflict of interest.. Recuse yourself if you have a stake in the outcome, not simply because you pay attention.
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The facts of the case were validated. By the Renton hearing examiner.
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Since it was already the same evidence observed by all the neighbors, why did the lawyer think it was introducing new evidence? Why couldn’t the voting be delayed until everyone could agree on the truth of the matter? And since the Hearing Eaminer is presumably an expert in the law, why do lay people feel qualified to second guess his decisions? This whole thing seems to highlight some troubling shortcomings in our present system.
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>>And since the Hearing Eaminer is presumably an expert in the law, why do lay people feel qualified to second guess his decisions?
I agree to a certain extent, but I’ve learned that people in positions like that are often more conservative than need be in an effort to not have any trouble downstream. (pun intended)
This is going to kill me…. but I feel for the owners of the property. When an area that goes from rural to urban – the first developments slide on by without a hitch. It’s the people that had a working farm, or a ranch that hold out a bit longer against the onslaught. By then, we’ve all gotten pissy about creeks and they can’t cash in like everybody else. We wind up ‘punishing’ people who just waited a bit longer to plow under their land for houses. Typically, those people are in retirement age and need the money..
No easy answers on that problem!
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Lawyers. I meant Lawyers. I don’t like Lawyers. I missed the W.
All Apologies
Mark
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you are right it was not necessary for council members to recuse themselves but at least Mr. Corman had the gumption to speak up before he left. that is at least what he could do, to his credit is speaking the way he did, however he could have stayed in it and fought for the people he represents like they have to. the big problem is what is missing as far as information is concerned. I think you like the lawyers that are on your side, however there was not one there. people seem to believe the city lawyer and he is not in charge, the people are.
I posted over at the post regarding the “pond” that was created by the the new house construction.
I only been here for a few years yet I never seen the creek dry up so I wonder where that notion came from. My neighbor also can verify to that fact. I have also seen crayfish in a section on upper Kennydale.
In addition, if you look into WADOT’s environmental report on the I-405 expansion project (available on CD from Main Bellevue Library) they concluded it’s capable for holding salmoid and will put in a larger culvert
See here (they call it Clover Creek):
http://www.wsdot.wa.gov/projects/i405/corridor/library/rtbea
quoted:”WSDOT will construct fish-friendly culverts near the
NE 44th Street Interchange and at Clover Creek that
will restore fish passage beneath the freeway”
guess
that “notion” came from the developers are you surprised?
Blueberry Haven
I just wanted to applaud you for speaking up the way you did. This has been a difficult fight (it affects the drainage on my property). I completely agreed with the Hearing Examiner’s opinion – our public officials that are suppose to be following existing policy in saving wetlands did not abide by their own policies and pushed it through. I’m not convinced the matter is closed, at least I hope not. It’s nice to know we have some people within the City governing body and public officials that can see past the developer dollars and preserve a part of Renton for future generations. Thanks Councilman Corman – you showed alot of integrity.
Julie Bray
1901 NE 20th St
Renton, WA 98056
rentonfire@yahoo.com
Blueberry Haven – Stream Issue
Randy
On Monday I was watching you discuss the creek.
It made me feel hopeful and optimistic when you noted the Creek had never been known to dry up.
It then made me sad when you had to recuse yourself from discussing the issue.
We admire you for doing what you felt was the right thing……and fully expect you will be a positive influence on your fellow councilmembers.
Keep up the good work!!!!!!
This is wasting our money
The Hearing Examiner spent days studying the voluminous amount of evidence in this case before coming to the conclusions in his decision. He was very thorough, explaining why he believed our testimony about Kennydale Creek was correct. Now the taxpayers of Renton could wind up spending thousands of dollars defending the Council’s decision to overturn him.
We owe you and Marcie (and Mr. Kaufman) a lot of respect for your integrity.
If the city’s development department had not ignored our many longtime residents for four years, this whole issue could have been settled for free.
If the creek runs in the summer, it is PERENNIAL- it’s not rocket science.
Thank you for being true representatives of us ordinary citizens.
S. Rider
& the Kennydale Critical Areas Alliance
Property Rights for ALL residents- not just Developers
Re: This is wasting our money
Hopefully our new Mayor has set a tone for the folks that work at City Hall to listen to the people a little more.
After all, we live here. Most of them don’t. 🙂
R 8 text changess
Hi Randy,when the City Council meets to decide on the zoning change to permit helicopters in a residential neighborhood,ALL members who have had joy rides in Conner’s helicopter should recuse themselves from the vote!!!!!