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Home My WebLink About1989-11-20 Regular MinutesNovember 20, 1989 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS APPOINTMENTS Reappointment of Jerry Belur to Position of Municipal Court Judge CITIZEN'S COMMENTS Jim Haggerton on Appearness of Fairness George Malina on City Cleanup Program Al White on Appearness of Fairness CONSENT AGENDA TUKWILA CITY COUNCIL Regular Meeting MINUTES 03 S/ Tukwila City Hall Council Chambers Mayor Van Dusen called the Regular Meeting of the and Tukwila City Council to order and led the audience in the Pledge of Allegiance. MABEL J. HARRIS; JOE H. DUFFIE; MARILYN G. STOKNES, Council President; EDGAR D. BAUCH, JOAN HERNANDEZ; DENNIS ROBERTSON; CLARENCE MORIWAKI. JOHN McFARLAND, City Administrator; JOHN COLGROVE, City Attorney; MAXINE ANDERSON, City Clerk; ROSS EARNST, Public Works Director; ALAN DOERSCHEL, Finance Director. Mayor Van Dusen introduced Mr. Jerry Belur and requested that Council concur with his re- appointment to Municipal Court Judge. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT JERRY BELUR BE REAPPOINTED AS MUNICIPAL COURT JUDGE. MOTION CARRIED. Jim Haggerton, 15820 43rd Avenue So., spoke on the issue of the appearness of fairness. In his opinion, the appearness of fairness doctrine has been breached due to statements made by Councilman Moriwaki regarding the Sensitive Area Ordinance at the Planning Commission public hearing on November 9. Mr. Haggerton read from a letter he had written and offered a copy of the text for the record. George Malina, 15617 47th Avenue So., thanked the Council for the hazardous waste cleanup program that was held on November 18. Al White, 14202 149th Place, Renton, noted that he was present at the Planning Commission public hearing on November 9. He stated that he is concerned that the Council is going to take action that involves his property and the property of others. It is his opinion that the appearness of fairness doctrine has been breached by Councilman Moriwaki's statements at the Planning Commission public hearing. A. Approval of Minutes: 10/30/89, Special Meeting Councilman Moriwaki requested that the Minutes of the Special Meeting be removed from the Consent Agenda in order to correct the meeting time. Regular Meeting Minutes November 20, 1989 Page 2 CONSENT AGENDA (Con't) PUBLIC HEARINGS Street Vacation So. 168th St. Street Vacation 13450 51st Ave. So. Street Vacation So. 148th St. OLD BUSINESS Ordinance #1544 Establishing a Moratorium on certain property. B. Approval of Vouchers 03 Fez-- General Fund $202,658.19 City Street 10,648.18 Arterial Street 289,902.69 Land Acq., Building, Dev. 66,867.33 Water Fund 12,796.82 Sewer Fund 59,380.76 Water /Sewer Construction 214,198.62 Foster Golf Course 12,558.52 Equipment Rental 8,725.01 Firemen's Pension 1,805.93 TOTAL $879,542.05 MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. Mayor VanDusen opened the Public Hearing for the request for street vacation at So. 168th Street, west of Southcenter, by Mr. Matt Mikami and Puget Power Co. Public Works Director Ross Earnst reported that Puget Power has asked for an easement for underground power and Public Works requests a drainage easement in the right of way. There were no objections to the request. Mayor VanDusen declared the hearing closed at 7:26 p.m. Mayor VanDusen declared the second public hearing open to receive comments on the request for street vacation at 13450 51st Ave. So. by Mr. Peter Thomson. Ross Earnst reported that this piece of property, if vacated, would have to be purchased from the State Highway Department. Mr. Peter Thomson, resident and owner of the property, spoke in behalf of his request. Mayor VanDusen closed the hearing at 7:32 p.m. The third public hearing was declared open by Mayor VanDusen to receive comments on the request for street vacation on a portion of So. 148th Street, west of 51st Ave. So. Ross Earnst reported that Water District No. 25 has requested an easement prior to vacation. Public Works and Parks request and easement for trail or sidewalk purposes. The Planning Departments pointed out that this area is part of the sensitive areas discussed in the ordinance. Philip Swanberg, 14809 51st Ave. So., and Hazel Ketchersid, 14637 51st Ave. So., spoke in behalf of their request. Mayor VanDusen closed the hearing at 7:40 p.m. Council discussed the issue of Councilman Morawaki's attendance at the Planning Commission public hearing on sensitive areas on November 9. City Attorney John Colgrove reported that this is a legislative action and not a Regular Meeting Minutes November 20, 1989 Page 3 OLD BUSINESS (Con't) 038'3 quasi- judicial action. It is a technical matter to which the fairness doctrine does not apply. MOVED BY ROBERTSON, SECONDED BY STOKNES, THAT THE PROPOSED MORATORIUM ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED WITH DUFFIE VOTING NO. Attorney Colgrove read an ordinance of the City of Tukwila, Washington, establishing a moratorium on development on certain property within the City, declaring an emergency and fixing an effective date. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, THAT ORDINANCE NO. 1544 BE ADOPTED AS READ.* Council discussed the need to clarify the ordinance. MOVED BY HERNANDEZ, SECONDED BY ROBERTSON, THAT THE WORD "NEED" BE INSERTED AFTER THE WORDS "CITY COUNCIL" IN THE FIFTH "WHEREAS" PARAGRAPH. MOTION CARRIED WITH DUFFIE VOTING NO. Councilmember Harris stated that she is opposed to the moratorium because she feels that Council has not paid enough attention to citizen comments on the Sensitive Area Ordinance. Councilmember Duffie concurred with Mrs. Harris and also opposes the moratorium. Councilmember Hernandez stated that she is worried that without a moratorium the five Tukwila properties that were on Proposition #2 would not be protected. She commented that she would consider voting for the moratorium if she could be assured on more citizen input during the six month period. Councilmember Stoknes would like to see more citizen input into the Sensitive Area Ordinance. She is also concerned that the moratorium could go on past six months. Councilmember Robertson commented that he feels the moratorium is necessary to allow Council to have the time to create a good Sensitive Area Ordinance. Mayor VanDusen stated that he feels the real issue here is the Sensitive Area Ordinance. He believes that a lot of people feel that their property is being threatened and that they are being forced to move quickly to do something with their property. Current ordinances and SEPA regulations would control these problems. Regular Meeting Minutes November 20, 1989 Page 4 OLD BUSINESS (Con't) NEW BUSINESS Authorize Mayor to Accept Dike /trail Easement on Fairway Center Development Acceptance of Foster Golf Links 16th Tee and Green Construction Approval of Minutes ADJOURNMENT 8:38 p.m. *ROLL CALL VOTE: HARRIS DUFFIE STOKNES BAUCH HERNANDEZ ROBERTSON MORIWAKI NO NO YES YES YES YES YES 03g (Comments: I would like to see a good Sensitive Area Ordinance put together and this is the best decision I can make on what we have talked about thus far.) (Comments: With the understanding that there will be a Citizen's Advisory Committee during this time.) *MOTION CARRIED WITH HARRIS AND DUFFIE VOTING NO. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, THAT THE MAYOR BE AUTHORIZED TO ACCEPT THE DIKE /TRAIL EASEMENT ON FAIRWAY CENTER DEVELOPMENT EAST OF INTERURBAN AVENUE SOUTH ALONG THE GREEN RIVER. MOTION CARRIED. MOVED BY HERNANDEZ, SECONDED BY MORIWAKI, TO ACCEPT THE FOSTER GOLF LINKS 16TH TEE AND GREEN CONSTRUCTION COMPLETED BY HIGRADE CONSTRUCTION IN THE AMOUNT OF $110,440.91. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY HARRIS, THAT THE MINUTES OF THE SPECIAL MEETING BE APPROVED AS CORRECTED. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. L� Van Dusen, Mayor L �G'LsL! i ,w w c ,ne Cantu, Deputy City Clerk