University Place Mayor Debbie Klosowski instructed a city department head to bring to a council vote a proposed rezone of land next to her home before she leaves office at the end of this year.
The city planning commission is considering a request to rezone two parcels in the vicinity of Bridgeport Way and 67th Avenue to stop the property owner from mining them. The smaller parcel is across the street from the mayor’s home.
In January, the City Council adopted a schedule to vote on various land-use changes, including the mine and another rezone proposal, by the end of 2011. Development Service director David Swindale told The News Tribune that city staff members were unable to meet the deadline, pushing council consideration of the rezone proposal to 2012.
When she learned of this, Klosowski directed Swindale to bring forward a revised schedule so the council can vote on the rezone proposals by the end of this year.
In an interview, the mayor said she made the request as a matter of courtesy so the property owners could move forward with their projects instead of waiting around.
The mayor, who has served on the council since the city’s incorporation in 1995, indicated she will vote on the rezone. She intends to announce publicly that she lives next to the property when the council begins its deliberations.
She said she could review the proposal objectively.
“I think that people have had 16 years to watch what I’ve done and they’ve elected me every time because they feel I was doing a good job serving the community. I’ve always done my best and tried to make decisions based in a manner in which I reviewed all the issues.”
“Again, I’m a resident of University Place and I have voted on many, many issues that affected me in University Place,” she added. “I’m going to try to make the best decision I can for the good of the community.”
State law requires elected leaders to be impartial when making land-use decisions. Courts have tossed out decisions when there’s evidence of unfairness or bias, including when property ownership enters the picture. The state Supreme Court in 1972, for instance, overturned a rezone in Bremerton because the chairman of the planning commission that made the recommendation owned property next to the land in question.
The doctrine, known as appearance of fairness, applies only to so-called “quasi-judicial” proceedings when elected leaders act like judges instead of legislative proceedings when they make laws.
City Attorney Steve Victor said it’s a close call but he concluded the mine rezone proposal is legislative because it would extend the existing neighborhood commercial zoning to the parcels rather than create a new zone.
“In the end, that is the mayor’s call,” Victor explained when asked whether she can legally vote on the issue. “That is an individual call in every situation that council members make for themselves.”
The property owner, Brian McGuire, fought the city in court to preserve his right to mine the parcels, which are remnants of a gravel mine the Holroyd Co. operated for a half-century. He prevailed in the state Supreme Court in 2001.
McGuire has said he’s willing to retire his mining rights if the city rezones the property to neighborhood commercial use.
Some neighbors have said they don’t like either option being considered, but they would prefer the short-term impacts of a mine over the permanent headaches if McGuire were to develop a gas station or other commercial use on the property.
Klosowski said she notified neighbors the day that the city planning commission discussed the rezone proposal last month. Her husband, Peter Link, testified at the meeting. Klosowski said she made a point not to attend planning commission or neighborhood meetings when the rezone proposal is discussed.
Klosowski said it’s premature to comment on the proposal because the planning commission has not forwarded its recommendation to the city council.
Through the mayor, Link declined to comment, referring a reporter to a recording of the meeting.
Swindale said his staff would have needed to review the schedule anyway because it was “way off” and his staff would have recommended council votes on the rezones this year.
“We don’t want to be seen as delaying those actions,” he said.
But the adopted schedule may prove a second time to be too ambitious, and Swindale didn’t rule out a council vote occurring next year. The schedule calls for council votes on both rezone proposals in November, but there already have been delays on the mine proposal.
The planning commission was scheduled to discuss it and possibly make a recommendation to the council Oct. 5. The commission chairman canceled the discussion because he was unable to attend. Wednesday’s meeting has been canceled.
The planning commission’s next meeting is Nov. 2, less than a week before University Place voters will elect three City Council members.
McGuire has contributed $500 each to three candidates – Ken Campbell, Kent Keel and Howard Lee – according to records filed with the state Public Disclosure Commission, the state’s campaign finance watchdog. He gave a total of $1,950 to Councilman Javier Figueroa’s campaign in 2009, its online database shows.
McGuire’s attorney, Bill Lynn, said his client has been politically active for a while and his contributions are “not a sudden burst of activity with this (the rezone) in mind.” McGuire did not return a message seeking comment.
Lynn said he was unaware of the mayor’s direction, although he knew a member of the City Council lived next to the property.
Lynn said he hoped officials could “separate themselves from their own personal concerns.”
Klosowski said she discussed the issue with Councilman Ken Grassi, the mayor pro tem, only during an agenda-setting meeting.
Grassi said he heard the mayor direct Swindale to revise the schedule, but his impression was that Klosowski wanted to speed up the process so the property owners could move forward with their plans.
“How long can you leave a person in limbo?” Grassi said. “(McGuire) has rights.”
Grassi said he has no concerns about the mayor voting on the rezone.
“It will come down to four votes on the matter, and I think she’ll vote her conscience.”
Christian Hill: 253-274-7390
christian.hill@thenewstribune.com
Twitter: @TNTchill
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