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HomeMy WebLinkAbout1980-04-07 Regular MinutesApril 7, 1980 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL CITIZEN'S COMMENTS Professional Certi- fication by Lynn Devoir Senior Citizen Projects Park Ride Lot Riverton Annexation LID #25 Bond Sale, Foster Marshall TUKWILA CITY COUNCIL Tukwila City Hall Council Chambers Regular Meeting M I N U T E S Mayor Todd, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID JOAHNSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President, GARY L. VAN DUSEN. LAWRENCE E. HARD, City Attorney; JOHN MCFARLAND, Administrative Assistant; AL PIEPER, Building Official; TED UOMOTO, Public Works Director; MARK CAUGHEY, Acting Planning Director; DON WILLIAMS, Recreation Supervisor; SHIRLEY KRISTOFFERSON, Acting Finance Director; MAXINE ANDERSON, City Clerk. MOVED BY SAUL, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 17, 1980, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE MINUTES OF THE SPECIAL MEETING OF MARCH 28, 1980 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #5972 ##6165 Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Land Acq, Bldg, Dev. Water Fund Sewer Fund W/S Construction Firemen's Pension PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 5972 -6104 39,392.78 6105- 3,800.00 6106 6122 +6164 &65 16,157.12 6123 -6124 6125- 6126 -6138 6139 -6155 6156 -6157 6158 -6159 LID 25 C86 3,232.33 R3 3,232.33 LID 28 C 24/25/26/27 75,472.12 #6160- #6163) 4,924.70 631.80 25,726.91 18,429.92 15,590.00 31.00 $124,684.23 Mayor Todd recognized the Professional Certification received by Mrs. Lynn Devoir, Recreation Specialist, from the Washington Recreation and Park Association, Inc. Mrs. Carol Bish, Senior Citizen Specialist, called attention to the ceramic display. The work was entered in the Northwest Regional Ceramic Show in Portland and received a number of ribbons. Mrs. Ann Crain, 5105 South 163rd Place, noted that she spoke before the Council previously on this but is still interested in seeing the City make some provisions for a Metro Park and Ride Lot. Councilman Bohrer noted that tomorrow is the election for the Riverton Annexation. Council, some time ago, passed a policy that said they would encourage annexation and he hopes the annexation will be successful. Mr. John D. Urbina, Vice President with Foster and Marshall, Inc., presented Council with a purchase contract for the LID #25 Bonds. The interest payable would be 11% annually. Mr. Urbina reviewed the current status of the Bond Market. He explained that LID Bonds are considerably different than G.O. TUKWILA CITY COUNCIL, REGULAR MEETING April 7, 1980 Page 2 PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS Cont. LID #25 Bond Sale, Foster Marshall (cont.) Councilman Harris said she would like to wait one week. Attorney Hard reminded Council that the risk to the City is that the rate can go up. 7 3 Bonds. The LID Bonds are backed only by assessments. They do not have the taxing security of the City. As a result, the rates reflect the risk. There offer is to purchase the $465,271 worth of LID Bonds at 11 In March Ordinances #837 and #1097 were amended to increase the interest rate from 8% to 10 At the time this was thought to be sufficient but it is not. The offer of Foster Marshall to buy the bonds at 11% means the City would be paying that rate on the bonds and collecting assessments at 10 The City would have to pay the 1% difference. The first year this would amount to $4,650. The City can either accept this offer and assume the loss or wait and see if the Bond Market improves in the next couple of weeks. Attorney Hard reported that the waiver signed by King County specifically says they will not pay more than 10 Because of the background on this LID, the settlement for the assess- ments set forth in the final assessment roll are keyed to a May 7th Bond Sale. Any expenses incurred after that, the City will have to pay. Mr. Urbina said the bonds are being printed now so action can be taken quickly once a decision is made. The City can wait until the 21st and still have time; however, the offer they are making is only for this evening. The only benefit in waiting is if the market improves. City Attorney Hard read a formal motion of the Tukwila City Council regarding procedures for presenting items at City Council Meetings. MOVED BY BOHRER, SECONDED BY HARRIS, THAT FORMAL MOTION NO. 80 -3 BE APPROVED AS READ.* MOVED BY SAUL, SECONDED BY HILL, THAT THIS ITEM BE TABLED FOR ONE WEEK FOR FURTHER RESEARCH AND TO SEE WHAT THE MARKET DOES. MOTION CARRIED WITH VAN DUSEN VOTING NO. Formal Motion Councilman Bohrer noted the substitute Motion distributed to No. 80 -3: Council this evening for consideration. Item 3 has been changed Council to allow routine as well as emergency items to be placed directly Procedures on the agendas. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE SUBSTITUTE FORMAL MOTION BE READ BY TITLE ONLY. MOTION CARRIED. Councilman Van Dusen said the unwritten procedures of the Council have been almost exactly like this. He would like to allow a little more flexibility in it. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT ITEM 3 -C BE ADDED AS FOLLOWS: "IN THE EVENT THE SPONSOR OF ANY ITEM, TO COME BEFORE THE CITY COUNCIL, FEELS IT BOTH APPROPRIATE AND BENEFICIAL TO THE CITY, HE MAY BRING SUCH ITEM DIRECTLY TO THE REGULAR MEETING FOR COUNCIL DELIBERATION ON THE APPROPRIATENESS OF THAT ITEM BEING PLACED ON THE AGENDA. This will give Council a chance to decide what is appropriate to place on the agenda. Councilman Hill recalled that the Council procedures used to say that any item, upon the approval of three Council Members, could be placed on the agenda. Councilman Bohrer said he was not attempting to stifle the legislative process, but to allow more appropriate deliberatioo of some of the items. TUKWILA CITY COUNCIL, REGULAR MEETING April 7, 1980 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Formal Motion No. 80 -3: Council Procedures (cont.) Budget Transfer Motion #80 -5: Grant Program Coordinator Budget Transfer Motion #80 -13: TCC Fence and Tukwila Park Lights NEW BUSINESS Letter from McNamara Invest- ment Company ORDINANCES Ordinance #1151 Relating to Executive Sessions Councilman Van Dusen said he would like to give a little more leeway for the Council on other items that are not listed. MOVED BY HILL, SECONDED BY SAUL, THAT THE AMENDMENT BE AMENDED TO INCLUDE "WITH THE CONCURRENCE OF THREE COUNCILMEMBERS" AFTER THE WORDS "REGULAR MEETING." MOTION CARRIED. *MOTION CARRIED WITH JOHANSON VOTING NO. *MOTION CARRIED TO ADOPT FORMAL MOTION NO. 80 -3 AS AMENDED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PROPOSED BUDGET TRANSFER MOTION BE READ. MOTION CARRIED. City Attorney Hard read, in its entirety, Budget Transfer Motion Number 80 -5, authorization for transfer of funds. The Grant Program Coordinator's position is not eligible to be funded with Block Grant monies and instead will be funded from the Non Departmental Miscellaneous Services account in the amount of $3,600. MOVED BY SAUL, SECONDED BY PHELPS, THAT BUDGET TRANSFER MOTION NO. 80 -5 BE APPROVED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED BUDGET TRANSFER MOTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read Budget Transfer Motion No. 80 -13, authorization for transfer of funds: Funds are needed to install a four foot fence in areas around Tukwila Community Center to prevent damage to grass areas by autos and motorcycles and to replace the deteriorated underground cable and add one new light standard. MOVED BY SAUL, SECONDED BY PHELPS, THAT BUDGET TRANSFER MOTION NO. 80 -13 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd reported that Mr. McNamara had called him and asked to have Council table discussion on his letter as he was going to be out of town. MOVED BY HILL, SECONDED BY SAUL, THAT ITEM 7A BE TABLED FOR TWO WEEKS. MOTION CARRIED. Mr. Ernest Onorati asked if the citizens could ask Council to delay discussion after this two weeks. Attorney Hard said it was not within Council control to extend the time further. The extension was set by the applicant. Proposed Ordinance Mayor Todd noted that Council had already tabled this for one Fixing amount, firm, week. date, interest rate (etc) of LID #25 Bonds MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY.* MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE MOTION BE AMENDED TO READ THE ORDINANCE IN ITS ENTIRETY. MOTION CARRIED. *MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING April 7, 1980 Page 4 ORDINANCES Cont. Ordinance #1151 Relating to Executive Sessions (cont.) Ordinance #1152 Adopting the 1979 Uniform Building Code RESOLUTIONS Proposed Resolution Specifying guide- lines for develop- ment of the City Light Site City Attorney Hard read, in its entirety, an ordinance of the City of Tukwila, Washington, relating to executive sessions and amending Ordinance No. 1008, Section 1. MOVED BY PHELPS, SECONDED BY JOHANSON, THAT ORDINANCE NO. 1151 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington, adopting the 1979 Uniform Building Code, with amendments, and repealing Ordinance #1012 and Ordinance #1092. MOVED BY SAUL, SECONDED BY HARRIS, THAT ORDINANCE NO. 1152 BE ADOPTED AS READ. MOTION CARRIED. Mark Caughey, Acting Planning Director, reviewed the background on the proposed development of the City Light Site. Resolution #656 was adopted about two years ago when the site was declared surplus by Seattle City Light and was offered for sale. Resolution #656 set the guidelines for developing the site and was made available for all prospective bidders. Chartwell Development was the successful bidder. They proposed a project consistent with these guidelines and designed it based on the existing C -M zoning. In January of this year, Staff determined the project was not properly zoned and should be zoned to C -P. This action required Chartwell to provide 2,500 more parking spaces. In order to provide the additional parking, Chartwell is asking for relief from the requirements of Resolution #656; specifically, as to the amount of wetlands necessary to be retained -that is to reduce the 15 acres to 5 acres. The Resolution provided to Council is the proposal provided by Chartwell. Mr. Kenneth Chauncey, Chartwell Development, noted that the wetland acreage they are proposing is the same as that approved for another developer by Council over a year ago. At that time 7 acres of wetlands were approved. Councilman Bohrer noted that the approval was subject to meeting the conditions of Resolution #656, one third of the site will remain in a natural state. This is about 13 acres. Councilman Harris asked how many parking stalls they could put in one acre and was told it all depends on the configuration. Further, it depends on the number of square feet of office, retail and hotel proposed. Councilman Harris said she would still like to have the pond as large as possible. Mr. Caughey said the Planning Department had asked Chartwell to prepare a diagram showing the conceptual format on the proposed project but they declined to provide the diagram. Mr. Chauncey said it would take approximately two levels of five acres to accomplish the 2,500 parking stalls. He reminded Council that the six -year transportation program requires a road along the south edge of the property that will take approximately two acres. Councilman Harris asked if the property has been redesigned. Mr. Chauncey said they haven't; they are looking for further guidance from the Council on the location and type of pond. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. TUKWILA CITY COUNCIL, April 7, 1980 Page 5 RESOLUTIONS Cont. Proposed Resolution Specifying Guide- lines for develop- ment of the City Light Site (cont.) REGULAR MEETING City Attorney read, in its entirety, a resolution of the City of Tukwila, Washington, amending Resolution #656, and specifying general guidelines for development of that 38.9 acre parcel at the southwest corner of Strander Blvd. and Andover Park West commonly referred to as the "City Light" or "Tukwila City Center (Chartwell)" site. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Councilman Harris expressed concern about changing the guidelines as they were in effect at the time of bidding on the sale of the property. Councilman Bohrer reminded Council that when Narod applied for a waiver they were told they had to comply with the requirements of Resolution #656. That resolution said "one third of the total area of the site should be retained in its natural state." That would be 13 acres, leaving 26 acres to develop. Narod bid $3,505,000. If the site is enlarged by eight acres and you keep the same proportions, you come up with $4.6 million. Chartwell bid $4.7 million. This would introduce a substantial change and could add a further element of competition into the bidding. Mr. Chauncey said the instructions for bidding were very clear, that they should bid on the basis of the filled and completed site. Mayor Todd asked the City Attorney if he saw any problem with Council amending Resolution #656. Attorney Hard said there may be some problems. Mayor Todd asked if there are some serious ones if it is not amended. Attorney Hard said the City Light lawsuit is active. If development of the property is not allowed to proceed, the lawsuit will probably be pursued. Councilman Borher asked if Resolution #656 as it is written, precludes the development of the site and Attorney Hard said, no. Mr. Dave Galvin, Seattle Audubon Society, noted that the question just raised is of major importance. Is development of the site feasible under the existing resolution? He said it most definitely is. Do you design a project to suit a site or do you make the site conform to your project. The line in the resolution that states the development is unfeasible under Resolution #656 is not correct. He suggested the line be removed or modified and urged Council to keep the original resolution. It sets important guidelines for development and to save a wildlife reserve. Councilman Saul asked what size the pond would have to be to still be desireable for wildlife. Mr. Galvin said it depends on the surrounding development and level of activity around the pond. If it gets down much below ten acres, there won't be the number of wildlife there is now. Mayor Todd noted that, in the early 1970's the City purchased what is now known as the P -17 Pond. The City was assured that this would meet their requirements for the Valley wildlife refuge. Now, why are we committed to saving other highly developable property. Mr. Galvin explained that the amount of wetland, suitable for wildlife is dwindling rapidly. The site under discussion was not even a pond some years ago, but now it exists and is one of the last wildlife habitats in this area. Resolution #656 does not make the site undevelopable, it recognizes the value of the site. He urged Council to leave it that way Mary Jane Meola, 19449 S.E. 266th, Kent, said she represents a group of concerned citizens in the area. They are concerned about, not only the wildlife, but also the traffic flow and the ground water problems that may occur. The ground water is forced TUKWILA CITY COUNCIL, REGULAR MEETING April 7, 1980 Page 6 RESOLUTIONS Cont. Proposed Resolution Specifying Guide- lines for develop- ment of the City Light Site (cont.) here by the development around it. What are you going to do with the water when the site is developed? The guidelines were passed with a purpose; the amendment is an insult to the Council that adopted them. All reference to wildlife has been stricken. Redesign the development to meet the parking require- ments, retain the pond and the three sides of nesting area. Mr. Gary Huff, representing Southcenter, said they are concerned with the project as it is now contemplated. The implication of Chartwell's proposal is that because of the change in zoning, they were caught by surprise; but, since November of '78 there were only three months November '79 to February '80 -that the City's opinion was that C -M is the appropriate zone. Chartwell knew a rezone was necessary when they bought the property. They need to comply with local ordinances and the State Environmental Policy Act. Mayor Todd said they had had a fully approved Impact Statement with DOE approval to fill. The City sent it to the Planning Commission who turned it down and sent it to Council who also turned it down. That was for a full fill permit. They did have a completed Impact Statement for the full fill permit. Councilman Bohrer asked Mr. Chauncey if the reason they are back is because of their uncertainty on the City's position on the zoning. Mr. Chauncey said it was. The question of zoning has come up a number of times. The property became theirs in July of '79, three months later they asked for a clarification on zoning and received a letter from the City Planner that C -M was proper. Councilman Bohrer asked if they ever designed a development for that site consistent with C -P zoning and was told, no. Council- man Bohrer called attention to and reviewed a chronology of the actions on the site. There was only a one month period that the City's position was other than that a rezone was required. The proposed resolution makes it appear the fault of this matter is totally the inconsistency of the City Staff. Chartwell appears to be the major contributor. They have never recognized that a rezone was necessary. Mr. Chauncey said they were in constant contact with the City Staff. They were asking for guidance whether C -P was the proper zoning. Mark Caughey, Acting Planning Director, explained that the September zoning interpretation written by Mr. Satterstrom, Planning Staff, had the approval of Mr. Stoknes, Planning Director, at that time. On September 19, 1979, a letter was mailed to Chartwell stating a rezone was required. In November the Planning Director changed his mind on the rezone requirement. Councilman Bohrer said, based on the history discussed, the wording of the proposed resolution is unacceptable. The whole rationale tends to place the fault on the City. It appears that Chartwell has, all along, expected the City to change the zoning on the site and let the site conform to their development instead of having the development conform to the resolution. The estimate of the value of an additional eight acres of development to Chart well, based on the density of the rest of the development, is some place between 30 and 50 million dollars. The City has been offered a single proposal -no alternatives have been discussed. There has been no discussion to reduce the scope or change the nature of the development. He recommended the proposed resolution be defeated and ask for presentation of some resolutions and further considerations. There are two alternatives: (1) Proceed under the current guidelines: (2) Consider revisions to the guidelines since the City is recommending a street along the south side of the property. TUKWILA CITY COUNCIL, April 7, 1980 Page 7 RESOLUTIONS Cont. Proposed Resolution Specifying Guide- lines for develop- ment of the City Light Site (cont. RECESS: 9:00 P.M.- 9:05 P.M. Proposed Resolution Adopting a trans- portation improve- ment plan Proposed Resolution Adopting a revised 6 -year transporta- tion Program REGULAR MEETING Mrs. Ann Crain, 5105 South 163rd Place, said that, as a citizen, she would like to see the whole lake remain, but since it can't, stay with the original resolution. Councilman Hill said there is not enough water feeding into the pond to keep it fresh. It is going to be a mud hole. It is not a natural pond. ROLL CALL VOTE: HILL VAN DUSEN SAUL BOHRER HARRIS JOHANSON PHELPS *MOTION FAILED. NO NO NO NO NO NO NO MOVED BY HILL, SECONDED BY JOHANSON, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Todd called the regular meeting of the Tukwila City Council back to order with Council Members present as previously reported. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Washington, adopting a transportation improvement plan. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Councilman Bohrer asked why the City needs to adopt this plan. Phil Fraser, Public Works Department, said the City is looking at different priorities in terms of traffic needs, based on this study. Councilman Bohrer asked if we couldn't use the study to develop the six -year plan without adopting it. Mr. Fraser said the City contracted with Entranco Engineers to make a study of the traffic needs within the City. The emphasis is on vehicular traffic. The Public Works Department is recommending its adoption. Councilman Bohrer said this is a study and not a plan. It discussed a lot of projects, but there is no attempt to prioritize the projects and tell us what we should be doing. MOVED BY BOHRER, SECONDED BY SAUL, THAT THIS ITEM BE REFERRED TO THE AD HOC COMMITTEE ESTABLISHED FOR THE COMPREHENSIVE TRANSPORTATION PLAN AND USE IT AS A GUIDE.* Mr. Fraser said the elements for prioritization of the projects are in the plan. The Ad Hoc Committee consists of the Mayor, Mr. Saul, Mrs. Phelps, Mr. Caughey, Mr. Uomoto and Mr. Bohrer. *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution adopting a revised six year transportation program in accordance with RCW 35.77. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* TUKWILA CITY COUNCIL, REGULAR MEETING April 7, 1980 Page 8 RESOLUTIONS Cont. Proposed Resolution Adopting a revised 6 -year transporta- tion Program (cont.) Councilman Bohrer distributed a proposed reprioritization of the items on the 6 -year Transportation Improvement Plan he had drawn up. Mayor Todd asked Mr. Uomoto if there was any hurry in adopting the revised plan. Mr. Uomoto said the EDA Grant requests need to be submitted by the last of April; however, it can be submitted and amended at a later date. Councilman Bohrer said he is concerned about the prioritization of the items on the list submitted to the Council and to whether they really address the City's problems. He explained the proposed list he had distributed. The major problem the City will need funding for in the near future is the Grady Way Bridge and the extension. Councilman Phelps suggested passing the plan as submitted and considering the other priorities when the plan is updated for 1981. Councilman Hill explained that the reason the plan is being revised now is to update the priorities to those projects that might be eligible for grants. Councilman Bohrer asked what projects are eligible for grants. Mr. Uomoto explained the project criteria. He suggested the City pick three projects and submit applications for funding for each. Councilman Bohrer explained the difference in what he is proposing and what is proposed on the revised Transportation Program. He noted Item #1 and read the Entranco Study comments on page 62. He said No. 8 on his priority list is a far more direct way of doing it. He reviewed changes to the on and off ramps for I -405 that make for more direct routes. Councilman Saul asked if these changes needed to be incorporated now. Councilman Bohrer said if you're going to apply for grants the priority list is going to guide staff in their current grant applications. He asked if there were any other grant applications to be made in the near future. Mayor Todd said the City intends to apply for a $100,000 grant for upgrading signalization. Councilman Bohrer said Mayor Todd has talked of going to Washington to seek federal funds to solve our transportation problems and he asked if the Mayor would not be guided by the priorities on this plan. Mayor Todd said he would. ROLL CALL VOTE: BOHRER NO HARRIS NO HILL YES JOHANSON NO PHELPS YES SAUL NO VAN DUSEN YES *MOTION FAILED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE SIX -YEAR TRANSPORTATION IMPROVEMENT PLAN FOR 1980 -1985 BE ADOPTED WITH THE PRIORITIES AMENDED IN ACCORDANCE WITH THE PROPOSED REPRIORITIZATION PROVIDED.* Councilman Hill said he does not like to see Council act on something they haven't seen before. Public Works spent 2 to 3 months working on this program. ROLL CALL VOTE: BOHRER NO HARRIS NO HILL NO JOHANSON NO PHELPS NO SAUL NO VAN DUSEN NO TUKWILA CITY COUNCIL, REGULAR MEETING April 7, 1980 Page 9 RESOLUTIONS Cont. Proposed Resolution Adopting a revised 6 -year transporta- tion Program (cont.) Resolution #723 Allowing for participation with the Solid Waste Management Board of PSCOG Agenda Items 9E thru 9I Resolution #724 Providing for an interfund loan between the sewer fund LID #28 Construction Fund DEPARTMENT REPORTS City Attorney's Report LID #29 EXECUTIVE SESSION: 10:30 P.M. 11:15 P.M. *MOTION FAILED. *MOTION CARRIED. L7 7 MOVED BY BOHRER, SECONDED BY HARRIS, THAT THIS ITEM BE REFERRED TO THE PUBLIC WORKS COMMITTEE. MOTION CARRIED WITH PHELPS VOTING NO. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution allowing for the participation of the City of Tukwila with the Solid Waste Management Board of the Puget Sound Council of Governments, in the preparation of an updated solid waste management plan for King County. MOVED BY SAUL, SECONDED BY HARRIS, THAT RESOLUTION NO. 723 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT ITEMS 9E THROUGH 9I BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF APRIL 14TH.* Shirley Kristofferson asked council to consider 9F as there is a deadline to meet. There are some vouchers for Court costs in the LID #28 lawsuit that need to be covered. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE MOTION INCLUDE ITEMS: E, G, H, AND I. MOTION CARRIED. *MOTION CARRIED AS AMENDED. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution providing for an interfund loan between the sewer fund and the LID 28 construction fund. MOVED BY SAUL, SECONDED BY HARRIS, THAT RESOLUTION NO. 724 BE ADOPTED AS READ.* Mrs. Kristofferson reported that this is to renew a loan started in 1977 and increasing it. Attorney Hard reported that the LID #28 lawsuit is finally closed. Next week the lawsuit of Schmid -vs- City of Tukwila is in court. This is a challenge to the waiver ordinance. Attorney Hard said he has been spending a lot of his time with problems on LID #29. This problem is not the proper subject for an Executive Session. There needs to be some decisions made on the costs. There is a meeting set for Friday between the City, the Contractor, and the Engineering Firm. They hope to have all of the information gathered by the end of the week as to what caused some of the cost over -runs and how they should be paid. Mr. Fraser recommended (1) the City meet with the Design Engineers Jones Associates and review all the change orders and over -runs; (2) then, recognize the over -runs and extra items and discuss the additional funds that will be needed. There will need to be legislative action to appropriate some money after the investigation is completed. MAYOR TODD DECLARED A TEN MINUTE RECESS PRIOR TO GOING INTO EXECUTIVE SESSION. MOTION CARRIED. Executive Session called to discuss the Firefighter Labor Contract. MOVED BY HARRIS, SECONDED BY HILL, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING April 7, 1980 Page 10 ADJOURNMENT: 11:16 P.M. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. 4 May oar City Clerk Lir