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HomeMy WebLinkAbout1990-05-07 Regular MinutesMay 7, 1990 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS SPECIAL PRESENTATIONS CITIZEN COMMENTS TUKWILA CITY COUNCIL Regular Meeting MINUTES D5 /3 Tukwila City Hall Council Chambers Mayor VanDusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE H. DUFFLE; DENNIS ROBERTSON; JOAN HERNANDEZ, Council President; CLARENCE MORIWAKI; ALLAN EKBERG; STEVE LAWRENCE; JOHN RANTS. JOHN COLGROVE, City Attorney; RICK BEELER, Director, Office of Community Development; RON CAMERON, City Engineer; ROSS EARNST, Public Works Director; JOHN McFARLAND, City Administrator. Assistant Chief of Police Bob McQueen introduced new Officers Michael Villa and Todd Bisson. Mayor VanDusen administered the Oath of Office and welcomed Michael and Todd to the City. Betty Gully, 13017 42nd Ave. So., expressed her concerns about truck traffic in the Riverton area. She commented that over the weekend a backhoe fell off the back of a truck onto the right -of -way. There is always a lot of traffic going through Riverton to other destinations. So. 130th Street should not be subject to articulated buses, semi trucks or large construction trucks. Drivers continue to use the "short cuts" they used when the bridge was out rather than regular routes through the community. Mrs. Gully would like to see the truck traffic study accelerated so that truck traffic would be limited to the major arterials. City Engineer Ron Cameron responded that Public Works has met with the Police Department and are currently involved in a two pronged approach to the truck traffic problem: (1) the police feel a truck route ordinance that will guide trucks on routes through the City is needed; (2) establish a neighborhood plan involving neighborhood meetings to identify which streets can be used. Riverton is a commercial as well as residential area so input is needed from both groups. The findings and a course of action will be presented to the Transportation Committee prior to the issue coming before the Council. Roger Baker, 11662 42nd Ave. So., thanked the City for closing the Duwamish playfield. Wendy Morgan invited the public to the dedication of the Mess Cemetery at noon on May 18th at the Tukwila Library. At that time the White River Historical Society will give the Mess Cemetery to the Tukwila Historical Society. CONSENT AGENDA a. Approval of Minutes: Regular Meeting 4/16/90 b. Approval of Vouchers General Fund $51,513.22 City Street 2,868.91 Arterial Street 36,123.98 Land Acq., Building, Dev. 1,795.56 Water Fund 1,025.89 Sewer Fund 64,914.97 Water /Sewer Construction 20,286.08 Foster Golf Course 5,361.93 Surface Water (412) 5,084.27 Equipment Rental 93,146.70 Firemen's Pension 972.60 TOTAL $283,094.11 Minutes Regular Meeting May 7, 1990 Page 2 Nelson Place/Longacres Interceptor SW 16th Bridge Replacement PUBLIC HEARINGS Request for Street Vacation Portion of 43rd Ave. South, North of So. 131st Street Nor Med Shaw Request for Waiver to Ordinance No. 1550 Moratorium) fight Linda Bates c. Authorize Mayor to sign interlocal agreement with City of Renton for the Nelsen Place/Longacres Interceptor- Southwest 16th Bridge Replacement. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. Mayor VanDusen opened the public hearing 7:15 p.m. Ross Earnst, Public Works Director, reported that the requested area is an unopened right -of -way. The sensitive areas map identifies a watercourse in or near the area The lots abutting the right -of -way, which do not have other public access, must be consolidated. Compensation will be required according to TMC 11.60. The Public Works Department will possibly need an easement for drainage in the area depending on how the area is developed. Councilman Rants inquired how far away the stream bed was from the property to be vacated. Mr. Earnst responded that it was north and west of the property. Larry Shaw, NorMed Shaw Partnership, reported that NorMed Shaw owns all the lots that abut the property on both sides of the requested vacation area. He commented that the actual intersection of 43rd where it intersects with 42nd and 131st would be a difficult project for the City to try to put in. Councilmember Hernandez inquired if there was an identified watercourse running through this property. Mr. Shaw responded that NorMed Shaw is aware there is a watercourse on the property and would like to see it developed appropriately per whatever ordinance is passed. Councilman Duffie voiced his concern regarding the water running off of the hill on the property. The house that sits in that area has water under its foundation all year. He asked Mr. Shaw where the water will go once the property is developed. Mr. Shaw responded that the Partnership would want to take care of and appropriately route any runoff that is in the area. He shared his plans for dealing with the water problem with the Council. Councilmember Duffie inquired who would be responsible if the property was developed and a water runoff problem occurred after a year or so. Attorney Colgrove replied that under other circumstances the City has requested a developer to put up some kind of security for a period of time. The length of time for which the developer can be held responsible for things that happen after the development is complete is uncertain. Councilmember Rants commented that although Council is not opposed Mr. Shaw's request, they want assurance that the stream bed will stay in its natural state and handle the runoff from the hilltop. The hearing was closed at 7:30 p.m. The request for vacation will return to the Transportation Committee for further review. The public hearing was opened at 7:30 p.m. Rick Beeler, Director of Community Development, commented that the applicant is aware of the precedent that Council is requested that moratorium waivers include a specific development proposal. Mr. and Mrs. Bates wish to approach Council based on the financial hardship the moratorium imposes on the sale of their property. Linda Bates reported that there is enough room at the top of the property to put one house, possibly two. There is no plan to disturb the slope on the property. The greatest slope is on Lot #2, adjacent to this property. Mrs. Bates distributed photographs to the Council. She Minutes Regular Meeting May 7, 1990 Page 3 Public Hearing (con't) 0 5/5 stated that they have had several persons interested in buying the land but the moratorium has prevented the sale of the property. Councilmember Hernandez noted the basis for the waiver request was a financial hardship in that Mr. and Mrs. Bates had bought other property on which to build a home. She asked Mrs. Bates when the property on Anderson Island had been bought. Mrs. Bates replied that the land was purchased in September prior to the moratorium going into effect. Councilmember Hernandez asked about access to the subject property. Mrs. Bates commented that access is by easement to So. 160th. The property cannot be accessed from So. 158th. It would not be cost effective to develop over the slope. Councilmember Robertson commented that there was no short plat planned for this property. Mrs. Bates responded that in her dealings with staff she did not understand that she was required to have a formal short plat planned. Mrs. Bates feels the people who buy the property should have the opportunity to short plat the property or not. There is plenty of room on the site for two homes. Jennifer Albode, Prestige Properties, is assisting the applicants in the sale of their property. The property is being marketed with the intention of someone buying it as one lot or possibly two. The moratorium must be disclosed to potential buyers and has made it difficult to sell the property. Councilmember Robertson asked what was expected from the waiver request. Ms. Albode responded that they want the moratorium lifted on the slope of the property in order to build on the top part of the property. Councilman Robertson noted that it appears the applicants are requesting a waiver for something they might do (a short plat) because they're having difficulty selling the property. They don't seem to understand that the waiver would be for the short plat, but they would still have to apply for another waiver if they wanted develop before the Sensitive Areas Ordinance was passed. Rick Beeler commented that the applicant's letter requesting the waiver indicates that they do not understand the process and may be asking for two waivers: one to short plat the property and the second one for building permits on the individual lots. Because of the way the moratorium ordinance is structured, they are prevented from even applying for a short plat at this time. Councilman Duffle asked for clarification on the request. If a building permit was desired, the applicant would have to come back and request another waiver. Mr. Beeler responded that the waiver request does not include the building permit; however, that would depend on what Council granted tonight. Mr. Beeler added that it appears from the applicant's presentation that they would like to have both waivers. Mrs. Bates noted an "and /or" clause on their request. She confirmed that it was her understanding that if they received the waiver, someone could apply for a building permit to build on the property. Councilman Robertson inquired if a waiver could be issued that would exclude certain areas of the property. Attorney Colgrove responded that it would be possible to issue a waiver on the application for a short plat with certain conditions attached. The public hearing was closed at 7:55 p.m. Councilman Lawrence suggested coming up with a compromise to allow the applicants to proceed while limiting the activity to the more level area of the slope. Councilman Moriwaki suggested granting the waiver but limiting development to the flat area as intended by the applicants and go no further than the beginning of the slope. In addition, the development would have to meet the standards of the adopted Sensitive Areas Ordinance as all other waivers in the past. Minutes Regular Meeting May 7, 1990 Page 4 Public Hearing (con't) 05/6 Councilman Robertson noted his general agreement with Councilman Moriwaki, but added that this is a proposal without substance. The business of the Council is not to create something to rule upon. Council should not be trying to decide what the boundaries of a short plat should be or the conditions placed upon it. He commented that the request should be sent back to staff to work out the details with the property owners. Councilmember Hernandez recommended granting the waiver subject to a site specific plan that conforms to the SAO being submitted. Councilman Lawrence commented that Council has granted waivers in the past on properties with slopes without any specific plan. In this case, the worst that could happen if this waiver is granted is someone could sub -plat it and file for a building permit. If it is still subject to the SAO, they won't be doing any damage to the City. If we do not allow the waiver, there is a good chance some unnecessary serious damage will be done to the property owner. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO DENY THE WAIVER WITH SPECIFIC DIRECTION TO THE APPLICANT AND THE STAFF TO MEET TO TRY TO WORK OUT SPECIFIC BOUNDARIES FOR A SHORT PLAT AND /OR BUILDING PERMIT AND BRING IT BACK BEFORE COUNCIL FOR RECONSIDERATION.* Councilmember Ekberg noted that on another occasion a prospective buyer of a piece of property came before Council requesting a waiver from the Sensitive Areas Ordinance. The purchase of the property was contingent upon obtaining the waiver. Council denied the waiver because of the slope of the property. In his opinion, Councilman Ekberg feels that if a potential buyer is really interested in a piece of property, they would be willing to come before Council and present their case for a waiver. Councilman Moriwaki agreed and added that policy dictates waivers are granted on site specific plans. Waivers in the past have not been granted without specific plans. Councilmember Hernandez suggested that if a waiver was granted subject to a site specific plan, it would allow a buyer to come in a present their plan, and allow Council to make a decision at that time. *MOTION CARRIED 4 -3. REQUEST FOR WAIVER IS DENIED. ROLL CALL VOTE: DUFFIE, YES ROBERTSON, YES HERNANDEZ, NO MORIWAKI, YES EKBERG, YES LAWRENCE, NO RANTS, NO Councilman Robertson explained to the applicant that if they were to meet with staff and work out a description of what the boundaries for a potential short-plat or the property involved in a single building permit, he would be interested in granting the waiver. Attorney Colgrove suggested a recorded agreement that short- platted or not no house could be built within 50 feet of the brow of the slope. Rick Beeler responded that part of the problem lies in at what distance is safe within in the SAO. Councilman Lawrence commented that this was done on MacAdam Road where it's perched on a ledge and the entire slope is within the SAO. He questioned why the site being discussed tonight could not be handled the same way as it is a flat 300 foot piece of land. Mr. Beeler responded that the condition was placed on the MacAdam Road waiver was subject to compliance with the Sensitive Areas Ordinance and that the applicant proceed at Minutes Regular Meeting May 7, 1990 Page 5 Public Hearing (con't Request for Waiver to Ordinance No. 1550 (Moratorium) South Central School District (Foster High School) Amend Agenda 05/7 his own risk. He explained that if the SAO requires that the development sit back from the slope, the house would have to be moved back. Right now the SAO is not looking at a setback from the top of the slope or the toe of the slope anything greater than 50 feet. In this case, Mr. Beeler is concerned that he get enough predictability so that the applicant could proceed to a short plat or at least building on the uphill /upslope part of the property where the major flat area is. The buyer who comes in to short plat or build a home, would have to do a survey to establish the brow of the hill and setback of 50 feet. If the further condition of compliance with the SAO was part of the conditions of the waiver, the buyer/builder would take on the risk of having to move the home back should the final SAO require it or if the SAO did not have a built -in variance process. Mr. Beeler added that the latest draft of the SAO had not gone to public hearing as yet. Councilmember Moriwaki commented that even if the issue is reconsidered the discovery of where the brow actually is will still need to be done. Mr. Beeler responded that he agreed; however, the burden of proof would move from the applicant to the buyer. Mayor VanDusen asked if those Councilmembers who voted in favor of the motion wished to reconsider the decision. Councilman Robertson responded "no The problem here is that if we continue past policy, we will still say that it is subject the SAO. That leaves some uncertainty no matter what. If the applicant wants to sit down and work something out with staff and come back to Council with something more substantial, we will certainly listen. The public hearing was opened at 8:30 p.m. Gary Gault, project manager, explained the project at Foster High School. The area where the portables are to be moved falls within the description of a sensitive area. The portables will be in place only temporarily until the completion of construction of the new high school, approximately December 15, 1991. At this point, the district has approximately 4 million dollars into this project. The portables will be placed just north of the existing Showalter site, north of the administration building. Councilmember Hernandez asked if all permits were applied for prior to the moratorium. Mr. Gault responded that the process started over a year ago but the permit review began after the moratorium was in effect. At that time, it was not realized that the site was within the Parcel G (sensitive area) zone. The sloping area on the site will not be touched. Mayor VanDusen closed the public hearing at 8:40 p.m. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE WAIVER BE GRANTED SUBJECT TO TWO CONDITIONS: 1) A SOILS ENGINEER REVIEW AND APPROVE OF THE DRAINAGE DESIGN, 2) THE APPLICANT SIGN AN AGREEMENT TO CONFORM TO THE FINAL SENSITIVE AREAS ORDINANCE AND ACCEPT ANY EXPENSE ASSOCIATED WITH ORDINANCE NO. 1550.* Councilmember Robertson pointed out that the portable classrooms are temporary and will be located 100 feet from the sloped area. *MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT ITEM 10 (REPORTS) BE MOVED AHEAD OF OLD BUSINESS. MOTION CARRIED. Minutes Regular Meeting May 7, 1990 Page 6 REPORTS Recess 8:45 p.m. 8:50 p.m. OLD BUSINESS Request for Street Vacation Swanberg et al. D S /2 Councilmember Duffie reported that King County Animal Control will bring out live animal traps to help with the cat problem in the area for those residents who request the service. His request that the City purchase six traps will be forwarded to committee for review. Councilman Robertson reported that the street projects have been prioritized into four categories and will be presented at the COW on May 14. Councilmember Hernandez reported on the thank you note received from Maxine Anderson, former City Clerk, thanking the Mayor and Council for the farewell gift. Councilmember Moriwaki reported that Child and Family Resources has now opened and staffed three locations. They have received a contract from Safeco for $65,000. Businesses contract with the board for specific service for their own employees to find childcare. Councilman Moriwaki also briefed Council on the article produced by Puget Sound Council of Governments in the Sunday paper on May 6th. Entitled Regions at a Crossroads: Time to Choose: Vision 2020. the article looked at five alternative visions of what Puget Sound can look like in 30 years. He urges everyone to look at the 2020 Plan and send in your comments. Contact him if you need a copy. Councilman Rants commented that House Bill 2929 will have a great effect throughout the County. We need a forum by which to give our input. Councilman Duffie reported on the Hazardous Waste Management Program and the Recycling Program. He praised Rebecca Fox, Associate Planner, for the work she has done on both projects. MOVED BY LAWRENCE, SECONDED BY DUFFLE, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. The meeting was called back to order with Councilmembers in attendance as listed above. Ross Earnst informed Council that the segment of So. 148th requested for vacation is unopened, unimproved right -of -way. The segment of So. 148th west of the subject vacation area is opened and improved right -of -way with cross streets at 42nd Ave. and 46th Ave. The vacation area is approximately 7100 feet. The Transportation Committee has requested the Public Works staff to develop a residential street plan. Staff recommends denial of request until completion of the residential street plant. Transportation Committee concurred with staff's recommendation to deny the request. MOVED BY ROBERTSON, SECONDED BY EKBERG, TO DENY THE STREET VACATION OF SO. 148TH STREET FROM 51ST AVE. SO. TO APPROXIMATELY 378' WEST.* Councilmember Hernandez asked if So. 150th and So. 146th had been previously vacated. Ross Earnst responded that So.150th was previously vacated by the county. Councilman Duffie asked Councilman Moriwaki, Transportation Committee member, about the reasons for denying the request. Councilman Moriwaki stated that the Transportation Committee is trying to assess the long -term transportation flow and plan of the City. This may be a street we need in the future for a logical flow. Although we have no need for that portion of street at this time, we want to keep our options open for future consideration. Minutes Regular Meeting May 7, 1990 Page 7 Old Business (con't) NEW BUSINESS Resolution No. 1142 Set the Public Hearing Date for Request for Street Vacation Sabey Corporation and Security Pacific Bank Ordinance No. 1564 Relating to Civil Service within Police and Fire Departments Ordinance No. 1566 Amending Ord. No. 1544 to Extend the Moratorium on Development of Certain Property within the City *MOTION CARRIED. REQUEST IS DENIED. Councilman Robertson added that there is no apparent major hardship to the applicants. They have no development plans. Committee wants time to review and produce a residential street plan prior to vacating this area. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Mayor VanDusen read a Resolution of the City Council of the City of Tukwila, Washington fixing the time for a Public Hearing upon a petition for vacation of certain public right -of -way within the City of Tukwila generally described as a portion of 37th Ave. So. north of South 126th Street. MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT RESOLUTION NO.1142 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Mayor VanDusen read an Ordinance of the City of Tukwila, Washington, amending Sections 2.42.030, 2.42.040 and 2.42.100 of the Tukwila Municipal Code relating to civil service within the City's Police and Fire Departments in order to grant the Civil Service Commission the power to classify positions within the Police Department and to include all positions other than the Chief of Police, the Fire Chief, and certain clerical, mechanic and dispatch positions in the Fire Department within the classified civil service. MOVED BY DUFFLE, SECONDED BY MORIWAKI, THAT ORDINANCE NO. 1564 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT THE PROPOSED ORDINANCE (ALTERNATIVE II -A) BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City of Tukwila, Washington, amending Ordinance 1544 as previously amended by Ordinance 1550, to extend the period of the moratorium on development of certain property in the City of Tukwila, to exempt existing single- family residential lots, and fixing an effective date. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT ORDINANCE NO. 1566 BE ADOPTED AS READ.* MOVED BY RANTS, SECONDED BY HERNANDEZ, TO AMEND THE DATE IN SECTION 1B TO READ OCTOBER 8, 1990.** Councilmember Lawrence commented that if the moratorium is extended for a year, the ordinance may get done quicker. Councilmember Duffle stated that he will vote against the motion as he has never been in favor of a moratorium. Minutes Regular Meeting May 7, 1990 Page 8 New Business (con't) Discussion of Extension of Moratorium Suspended Until After Final Agenda Item NEW BUSINESS con't) Ordinance No. 1565 Amending the 1990 Budget, Transferring a Portion of Estimated Ending Fund Balances *MOTION CARRIED WITH DUFFLE VOTING NO. D.So? Councilmember Hernandez commented that although she would not be in favor of extending the moratorium, she might favor this amendment as it could help to get the SAO passed. According to the timeline discussed at the COW, the work, including the public hearings, could be done by September 10. Councilmember Robertson noted that the sentence in Paragraph E that states "Under no circumstance will the Council consider a petition for waiver unless the applicant has furnished the planning staff for presentation to the Council a specific development proposal" and the addition of the amendment being worked on by the attorney would take the small one time development of a single family house into consideration for those who did not want or could not afford expensive legal help. This ordinance will address single family lots. It does not exempt sub plats, sub divisions, multi family or commercial property. Referring to the sentence Councilman Robertson addressed, Councilmember Lawrence inquired how Council would handle a situation where someone other than a single family resident wants a waiver but they don't have a specific, detailed plan and most of their property is exempt from the sensitive area coordinates. If only one percent of their property falls under the sensitive areas restrictions, will we require them to come up with a specific site plan and come before Council? Councilman Lawrence asked for clarification of the words "specific development proposal Mayor VanDusen explained that the "specific development proposal" would be a staff proposal and added that anyone can come before Council. It is up to the Councilmembers to make the decision whether the information presented is adequate. Councilman Lawrence suggested that throwing out the sentence would clarify the issue. Councilmember Robertson commented that the most confusing cases to date have been the ones where someone wants to be able to sell the property with no specific plan and they want all uncertainty removed from that sale. It's difficult to pass something like this. About the only time we would pass on a situation like this would be if it were an R -1. If it was anything bigger than that, they've already had some type of development proposal. Councilman Lawrence remarked that in his opinion "specific development proposal" denotes more than just a sketch. It's professional. The property owner would have to spend a lot of money before they could even request a waiver. He concluded by stating he would not support the extension of the moratorium unless that sentence is withdrawn. Council continued to discuss areas of the proposed ordinance. In order to give the attorney more time to work on the wording of the amendment, it was the consensus of the Council to suspend discussion on this subject until all other items on the agenda are discussed. MOVED BY MORIWAKI, SECONDED BY EKBERG, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Mayor VanDusen read an Ordinance of the City of Tukwila, Washington, amending the 1990 budget, adopted by Ordinance No,. 1552, to transfer a portion of estimated ending fund balances between the local improvement guarantee and general funds, and residual equity transfers -in /out between the local improvement guarantee, facilities replacement, and special assessments funds; and to increase contributions private sources revenue and professional services expenditures in the general fund and establishing an effective date. Minutes Regular Meeting May 7, 1990 Page 9 New Business (con't) MOVED BY RANTS, SECONDED BY LAWRENCE, THAT ORDINANCE NO. 1565 BE ADOPTED AS READ.* Budget Transfer to Cover Approved Projects Discussion on Extension of Moratorium (continued) By way of explaining the ordinance, Councilmember Ekberg commented that it was the consensus of the Finance Committee that the largest amount of money possible should go towards facilities replacement and funding for future land and facilities improvements which the City will probably require in the near future. It was also agreed that the general fund balance should be allocated $75,000 to cover some of the unforeseen expenses incurred this year. Mayor VanDusen added that the local improvement guarantee fund has excess funds in it and by law the funds must be taken out and redistributed. *MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY EKBERG, TO APPROVED THE BUDGET TRANSFERS FOR $185,000.* Mayor VanDusen explained that this amount comes out the Mayor's Office for extra labor code enforcement ($,25,000); facilities studies ($30,000); furniture for the 6300 building ($40,000); consultant services for the SAO ($60,000), and professional services for the Planning staff ($30,000). *MOTION CARRIED. *MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY RANTS, TO AMEND THE MOTION, SECTION 3, TO READ "WHERE A DEVELOPMENT WILL NOT AFFECT THE SENSITIVE AREA PORTION OF A LOT, THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT CAN EXEMPT THAT PROPOSAL FROM THE MORATORIUM. IN REVIEWING SUCH PROPOSALS THE DEPARTMENT OF COMMUNITY DEVELOPMENT WILL CONSIDER WHETHER THE DEVELOPMENT IS LIKELY TO HAVE ANY IMPACT ON THE SENSITIVE AREA DURING ANY PHASE OF THE PROJECT, INCLUDING USE AND OCCUPATION, AND WILL REQUIRE A WAIVER IF THERE IS ANY QUESTION ABOUT THE PROPOSAL'S IMPACT. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, TO REPLACE THE WORD "CAN" IN THE FIRST SENTENCE OF THE AMENDMENT TO READ "MAY'. MOTION CARRIED. MOVED BY EKBERG, SECONDED BY ROBERTSON, THAT THE WORD "WILL" IN THE SIXTH WHEREAS CLAUSE BE CHANGED TO READ "MAY MOTION CARRIED. MOVED BY EKBERG, SECONDED BY RANTS, TO INSERT THE WORD "CERTAIN" BE INSERTED AFTER THE WORD "EXEMPT" IN THE ORDINANCE TITLE. MOTION CARRIED. MOVED BY LAWRENCE, SECONDED BY HERNANDEZ, TO STRIKE THE ENTIRE LAST SENTENCE IN THE SECOND PARAGRAPH IN SECTION E WHICH BEGINS "UNDER NO CIRCUMSTANCE....".** Councilmember Lawrence repeated his desire to be able to hear the requests of the citizens without the limitation this sentence imposes. Councilman Robertson spoke against the motion explaining that in his opinion it gives the Director of Community Development the ability to negotiate from a stronger position. Councilmember Lawrence responded that there may be an instance where the issue is not a single family house, where it is not within the Director's jurisdiction to rule Minutes Regular Meeting May 7, 1990 Page 10 New Business (con't) EXECUTIVE SESSION 10:40 p.m. ADJOURNMENT 11:06 p.m. ROLL CALL VOTE: DUFFIE, YES ROBERTSON, YES HERNANDEZ, YES MORIWAKI, NO EKBERG, NO LAWRENCE, YES RANTS, NO *MOTION CARRIED 4-3. on, and where the property owner doesn't want to go through the expense of a specific plan. Councilman Duffle noted his concurrence. Speaking against the motion, Councilmember Moriwaki commented that in most instances it will be a small property owner or single family property owner that may have some difficulty. We're talking sensitive areas, steep slopes, wetlands, and watercourses which are limited on the properties being discussed. We have addressed what single families can do in Councilman Robertson's previous amendment. The Director of DCD will have some latitude and in most cases be handling these considerations. Councilmember Lawrence responded that you cannot do a sub -plat under this rule. The property owner would still have to come before Council. For those who don't have a plan because they don't know who might buy their property, it can really create a hardship. Councilmember Robertson changed his vote and stated he would support Councilman Lawrence's amendment because he feels the other amendment that was just made for the R -1 will take care of the majority of these cases. *ORIGINAL MOTION CARRIED AS AMENDED WITH DUFFLE VOTING NO. ORDINANCE NO.1566 IS ADOPTED AS AMENDED. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO PROCEED TO EXECUTIVE SESSION. MOTION CARRIED. MOVED AND SECONDED THAT THE MEETING BE ADJOURNED. MOTION CARRIED. Ga L. Van Dusen, Mayor 7 Cantu, Acting City Clerk