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HomeMy WebLinkAboutReg 2010-03-01 COMPLETE AGENDA PACKET ,1 w Tukwila City Council Agenda c o f E k -r R EGULAR MEETING v J Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez d Steve Lancaster, City Administrator Allan Ekberg Verna Seal 190: Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn Monday, March 1, 2010; 7:00 PM Ord #2278 Res #1707 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Introduction of Chris Daugherty, new Police Officer. PRESENTATIONS b. State of the Municipal Court; Kimberly Walden, Municipal Court Judge. 3. PROCLAMATIONS/ A proclamation supporting the goals and ideals of the 2010 U.S. Census. Pg.1 APPOINTMENTS 4. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT a. Approval of Minutes: 2/16/10 (Regular). AGENDA b. Approval of Vouchers. c. Accept as complete the Macadam Road Bridge Soffit Repairs project with Pg.3 Nordic Construction, Inc. (Contract #09 -159); authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $39,098.00). 6. BID Award a contract to Terra Dynamics, Inc. for the Duwamish Riverbend Hill Pg.9 AWARDS project in the amount of $146,182.50. 7. PUBLIC An ordinance renewing a moratorium on the acceptance of applications Pg.11 HEARINGS and /or processing of applications relating to diversion facilities and diversion interim service facilities for the treatment of mentally ill and chemically- dependent adults in crisis, repealing Ordinance No. 2248. 8. UNFINISHED A resolution setting Green Fees for the City's Foster Golf Links. Pg.19 BUSINESS 9. NEW An ordinance renewing a moratorium on the acceptance of applications Pg.11 BUSINESS and /or processing of applications relating to diversion facilities and diversion interim service facilities for the treatment of mentally ill and chemically- dependent adults in crisis, repealing Ordinance No. 2248. 10. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 11. MISCELLANEOUS 12. EXECUTIVE SESSION 13. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us. and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. ry •fir \I i/ 1i lr 1f 1l• 1 I\ i\ i\ i/1 i\ 1' X1 0 L am- d _A_ ..1 ry� v f: Z% i 1 \l Office of the Mayor Tukwila, Washington PROCLAMATION WHEREAS, an accurate census count is vital to our community and residents' well being, helping us to understand who we are and where to locate and size public services and facilities such as schools, parks and streets; and WHEREAS, conducting a national census every ten years is prescribed by the United States Constitution; and WHEREAS, achieving an accurate and complete count of the nation's growing and changing population lays the foundation for governmental and business study and decisions; and WHEREAS, more than $400 billion per year in federal and state funding is allocated to states and cities based, in part, on census data; WHEREAS, census data helps determine how many seats each state will have in the U.S. House of Representatives and often is used for the redistricting of state legislatures, county and city councils, and voting districts; WHEREAS, the 2010 Census creates jobs that stimulate economic growth and increase employment; and WHEREAS, the information collected by the census is confidential and protected by law; NOW, THEREFORE, I, JIM HAGGERTON, MAYOR of the City of Tukwila, do hereby proclaim that Tukwila is committed to partnering with the U.S. Census Bureau to help ensure a full and accurate count in 2010. As a 2010 Census partner, we will: 1. Support the goals and ideals of the 2010 Census, disseminate 2010 Census information to encourage those in our community to participate, and support census takers as they help our community complete an accurate count. 2. Encourage people in our community to place an emphasis on the 2010 Census and participate in events and initiatives that will raise overall awareness and ensure a full and accurate census. 3. Create or seek opportunities to collaborate with other like- minded groups in our community by participating in Complete Count Committees and /or utilizing high- profile, trusted voices to advocate on behalf of the 2010 Census. 7 Signed this r day of FM, I 2010. 1475 Jim Haggy 6Mayor of Tukwila T d 2 CAS NUMBER: 1 u 2 MTG. DATE 03/01/10 MTG. DATE 03/01/10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by I Ma s view 1,---Conn ,review 03/01/10 J I ITEM INFORMATION ORIGINAL AGENDA DATE: MARCH 1, 2010 RECORD OF COUNCIL ACTION 1 ATTACHMENTS Informational Memorandum dated 02/08/10 State of WA Dept of Revenue Notice of Completion 09 -159 Minutes from the Transportation Committee meeting of 02/16/10 ITEM No. 5.0 AGENDA ITEM TITLE Accept as complete Macadam Road Bridge Soffit Repairs and release retainage CA'I'f ;GORY Discussion Motion n Resolution Ordinance n Bid Award Public Hearing n Other Mtg Date Mtg Date 03/01/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR U Council 1 I Mayor Adm Svcs DCD n Finance n Fire n Legal P&R U Police PW SPONSOR'S The contract with Nordic Construction, Inc. of Fife, WA is complete for the Macadam Road SUMMARY Bridge Soffit Repairs Project. This contract provided 14 spall repairs to the Macadam Rd South Bridge, between S 131 St and 43 Ave S. Construction began October 28, 2009 and was completed on November 24, 2009. Three change orders were issued for $6,616.00 and under -runs credited $6,716.00. Council is being asked to accept and finalize the contract in the amount of $39,098.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte n Utilities Cmte Arts Comm. Li Parks Comm. U Planning Comm. DATE: 02/16/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $39,098.00 $45,077.70 $0.00 Fund Source: 104.01 BRIDGES (PG. 8, 2010 CIP) Cotnments 4 TO: City of Tukwila Mayor Haggerton Transportation Committee FROM: Public Works Director DATE: February 8, 2010 INFORMATIONAL MEMORANDUM ISSUE SUBJECT: Macadam Road Bridge Soffit Repairs Project No. 09 -RW02, Contract No. 09 -159 Project Completion and Acceptance Accept contract as complete and authorize for release of the retainage. BACKGROUND The Notice to Proceed for Contract No. 09 -159 with Nordic Construction, Inc. of Fife in Washington, was issued on October 28, 2009 for the Macadam Road Bridge Soffit Repairs. This project provided 14 s�all repairs to the Macadam Road South bridge, between South 131 Street and 43 Avenue South. ANALYSIS Construction was physically completed on November 24, 2009. Three change orders were executed for this project, in order to compensate the contractor for different soffit repair approaches, additional spall repairs, and applying epoxy anti- corrosion bonding agent to exposed rebar. Minor unit price under -runs were due to a force account item and some construction materials not completely utilized during construction. The budget for this project was $45,077.70 and the retainage remaining to be paid is $1,954.90. Contract Award Amount Change Order Nos. 1 3 Unit Price Under -runs Total Amount Paid (including retainage) $39,198.00 6,616.00 (6,716.00) $39.098.00 RECOMMENDATION The Council is being asked to formally accept and authorize the release of retainage, subject to standard claim and lien release procedures, for the contract with Nordic Construction, Inc. in the amount of $39,098.00; and to consider this item on the March 1, 2010 Regular Meeting Consent Agenda. Attachment: Notice: of Completion W.\PW Eng\PROJECTS\A- RW RS Projects \09RWO2 2009 Bridge Insp\Macadam Bndgc Repa rs \Construction Phase \After Construction \Info Memo Macadam Rd Bridge Soffit Regamrs Pro, Closeout, 2 -8 -10 doc Jim Haggerton, Mayor 5 State of Washington Department of Revenue ��w PO Box 47474 Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 601 164 241 From: Date 1/14/10 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT ame City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 d.dres §,ofPublic`Aency" Dep;a>r inen Assigned To Notice is hereby given relative to the completion of contract or project described below Description of Contract Macadam Road Bridge Soffit Repair 09 -RWO2 Contractor's Name Nordic Construction, Inc. Contractor's Address 106 55th Ave. East, Fife, WA 98424 -2426 Date Work Commenced Date Work Completed Date Work Accepted 10/28/09 11/24/09 Surety or Bonding Company Berkley Regional Insurance Co. Agent's Address Propel Insurance, 1201 Pacific Ave., Suite 1000, Tacoma, WA .98402 Contract Amount 39,198.00 Additions 0.00 Liquidated Damages 0.00 Reductions 100.00 Sub -Total 39,098.00 Amount of Sales Tax Paid at 0.0 0.00 If various rates apply, please send a breakdown.) TOTAL 39,098.00 Comments: No Sales Tax Rule 171 �tL Date Assigned Signature Type or Print Name Diane Jaber Phone Number 206 -433 -1871 Contract Number 09 -159 Telephone Number 253- 922 -3100 Amount Disbursed 37,143.10 Amount Retained 1,954.90 TOTAL 39,098.00 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV"3t 0020e (6- 27 -01) TRANSPORTATION COMMITTEE Meeting Minutes February 16, 2010 5:00 p.m. Conference Room 1 PRESENT Councilmembers: Verna Seal, Chair; and Joan Hernandez Absent: De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Shawn Hunstock, Rick Still, Steve Lancaster, Derek Speck, Peter Lau, Pat Brodin, Gail Labanara and Kimberly Matej CALL TO ORDER: The meeting was called to order at 5:04 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Macadam Road Bridge Soffit Repairs Proiect Completion Acceptance Staff is seeking full Council approval for formal project completion, acceptance and release of retainage to Nordic Construction, Inc. for repairs made to the Macadam Road South Bridge. Three change orders were issued during this project totaling $6,616.00, and under -runs credited in the amount of $6,716.00 for a project total of $39,098 ($100 under original contract and approximately $4,000 under budget). UNANIMOUS APPROVAL. FORWARD TO MARCH 1 CONSENT AGENDA. B. 2009 4 Ouarter Reports The Committee reviewed the status of program goals as outlined in the 2009 4 Quarter Report. INFORMATION ONLY. C. City Council Pre Retreat Budget Review The Committee reviewed the 2009 -2010 Biennial Budget pages as listed below in preparation of the upcoming Council Retreat. Tuesday, February 16; 2010 BUDGET PAGES Land Acquisition /Parks Dvlp. 157 Facility Replacement 158 I General Govt Improvements 159 Equipment Rental 181 -184 III. MIS CELLANEOUS Meeting adjourned at 5:34 p.m. Next meeting: Monday, March 1, 2010 5:00 p.m. Conference Room 1 Committee Chair Approval Min s b KAM. Reviewed by GL. City of Tukwila Transportation Committee 7 8 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by 1 Mayo iew 1 ,6punci! review 02/22/10 RE 1 Ik/1 03/01/10 RE &vi WA) ITEM: INFORMATION CAS NUMBER: ID- 0 I S I ORIGINAL AGENDA DATE: FEBRUARY 22, 2010 AGENDA ITEM TITLE Bid Award for Duwamish Riverbend Hill Construction Project CATEGORY Discussion Motion Resolution Ordinance Bid Award I I Public Hearing Other Mtg Date 2/22/10 Mtg Date Mtg Date Mtg Date Mtg Date 3/1/10 Mtg Date Mtg Date SPONSOR Council 1 1 Mayor Adm Svcs U DCD Finance U Fire LI Legal P&R Police PW Fund Source: Comments: SPONSOR'S The Council is being asked to consider and approve the bid award to Terra Dynamics, Inc. SUMMARY for the Duwamish Riverbend Hill Construction Project for $146,182.50, (includes tax). The memo reviewed at CAP on 1/25/10 was revised to separate out the contingency monies from the "awarded" amount to the contractor. The contingency is the typical 20% like other Public Works projects and has its own line item. The budget info was also included in the revised memo. R1:VIEWED BY COW Mtg. CA &P Cmte I 1 F &S Cmte Transportation Cmte Utilities Cmte LI Arts Comm. Parks Comm. Planning Comm. DATE: 2/8/10 RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department COMMI IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED $146,182.50 AMOUNT BUDGETED $433,000.00 MTG. DATE RECORD OF COUNCIL ACTION 02/22/10 Forward to the Next Regular Meeting APPROPRIATION REQUIRED MTG. DATE ATTACHMENTS 02/22/10 Revised Informational Memorandum dated 2/17/10 Bid Sheet CIP Sheet Minutes from the Community Affairs and Parks Committee meeting of 2/8/10 03/01/10 No Attachments (C r 9 10 0 2-3 RECOMMENDATIONS: SPONSOR /ADMIN. COMMI I'1 EE EXPENDITURE REQUIRED Fund Source: Comments: MTG. DATE 03/01/10 1 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 1 Prepared by 1 Maya review I pUnyi'review 03/01/10 1 BM 1/1 /i 1 1 ITEM INFORMATION 1 ORIGINAL AGENDA DATE: MARCH 1, 2010 CAS NUMBER: i D AGENDA ITEM TITLE An ordinance renewing a moratorium relating to diversion facilities and diversion interim service facilities. CATEGORY Discussion n Motion Resolution Ordinance n Bid Award Public Hearing Other Mtg Date 03/01/10 Mtg Date Mtg Date Mtg Date 03/01/10 Mtg Date Mtg Date 03/01/10 Mtg Date SPONSOR Council Mayor IJ Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S On September 8, 2009, the Council passed an ordinance establishing a six -month SUMMARY moratorium on the receipt and processing of building permit applications, land use applications and any other permit application for diversion facilties and diversion interim service facilities. The current moratorium will expire on March 8, 2010. Staff is currently working on proposed development regulations. Council review of the proposed code changes is expected in March after the current moratorium has expired. REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte I 1 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: Council President forwarded directly to Council Department of Community Development Council President forwarded directly to Council COST: IMPACT/ FUND SOURCE AMOUNT BUDGETED MTG. DATE ATTACHMENTS 03/01/10 Informational Memorandum dated 2/24/10 Ordinance in Final Form 1 Ordinance 2259 RECORD OF COUNCIL ACTION Planning Comm. ITEM No. APPROPRIATION REQUIRED 11 12 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Nora Glerloff, Deputy Director, DCD DATE: February 24, 2010 SUBJECT: Moratorium Extension on Crisis Diversion and Crisis Diversion Interim Service Facilities within the City ISSUE Adoption of an ordinance to extend the current moratorium relating to Crisis Diversion and Crisis Diversion Interim Service Facilities within the City. The current moratorium will expire on March 8, 2010 and additional time is needed in order for the City Council to be briefed on the Planning Commission's recommendation. BACKGROUND Jim Haggerton, Mayor On September 8, 2009, the City Council adopted an ordinance establishing a six -month moratorium on the receipt and processing of building permit applications, land use applications and any other permit application for Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS) within the City. On November 2, 2009, the City Council conducted a public hearing on the proposed ordinance and adopted findings and conclusions to support the City's moratorium. The current moratorium will expire on March 8, 2010. The moratorium was passed in response to a Request for Proposal (RFP) that had been issued by King County (County) in August of 2009. The RFP solicited proposals from third parties to establish jail and hospital diversion facilities within the City. When the City reviewed the RFP it was determined that the proposed diversion facilities were not anticipated by the City's Zoning code and thus the moratorium was needed in order to allow the City to conduct research and understand the details of the County's proposal. Following adoption of the moratorium DCD began to study the County's proposal and to establish a process to site the facilities within the City. The following outlines the task completed by DCD staff: 1. Two separate public records request were filed with King County. The City has received nearly 1300 pages of documents from the County which outline the proposed uses and the County's two year plus planning process; 2. Public records requests were also filed with the cities of Bellevue and Seattle for documents regarding their involvement in the planning process; 3. Planning staff had two meetings with King County Community Health and Services Staff to discuss the proposed facilities; 4. City staff attended two Mental Illness and Drug Dependency (MIDD) Oversight Committee meetings. The MIDD is the County Advisory Committee that is tasked with developing both facilities; 5. City staff met with the cities of Seatac, Burien and Renton to discuss the regional implications of the facilities; 13 INFORMATIONAL MEMO Page 2 6. The City organized an informational meeting with County staff from the King County Prosecuting Attorney's Office and representatives from the cities of Burien, Renton and Seatac on the proposed facilities; 7. Additional information was gained from the National GAINS website and other online resources; 8. City staff met with one of the service providers to learn more about operational issues and facility needs. On February 22, 2010, the City Council referred the siting issue to the Planning Commission for their review and recommendation. As required by the Growth Management Act, DCD has also filed notice with the Department of Commerce that the City intends to modify its code to permit both the CDF and CDIS to locate within the City. Typically, the Department of Commerce requires 60 -days to review proposed code changes to a City's development regulations. The City has requested that the State expedite their review in order to allow for an ordinance siting the CDF and CDIS to go before the City Council; however we have yet to receive notification from the Department of Commerce that they have granted our request for expedited review. DISCUSSION The current moratorium will expire on March 8, 2010. This memo is being written before the Planning Commission meets on February 25, 2010. Hopefully, after the Planning Commission has met, staff will be able to provide a draft ordinance to the City Council for their review and consideration. The City's normal process for reviewing ordinances requires that the Planning Commission's recommendation is forwarded to Community Affairs and Parks before going to the Committee of the Whole. In order to complete the Council's review process, DCD recommends that the moratorium be extended 90 -days in order to allow Council to review the work of the Planning Commission and so that the City can receive Notice from the Department of Commerce that they have completed reviewing the City's development code changes. Extending the moratorium will prevent individuals from making major investments in uses that could become non conforming once the City adopts an ordinance allowing for the siting of Crisis Diversion and Crisis Diversion Interim Service facilities within the City. Additionally, extending the moratorium will ensure that the final location complies with the City's Comprehensive Plan Policies. RECOMMENDATION Staff recommends that the current moratorium be extended an additional 90 -days in order to complete the City's legislative process. The moratorium will now expire on June 1, 2010. ATTACHMENTS A. Proposed Ordinance B. Ordinance 2259 14 W:12010 InfoMemos \MoratoriumExtension3- 1- 10.doc Citv of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM ON THE ACCEPTANCE AND /OR PROCESSING OF APPLICATIONS RELATING TO DIVERSION FACILITIES AND DIVERSION INTERIM SERVICE FACILITIES FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS; REPEALING ORDINANCE NO. 2248; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on September 8, 2009, the City Council adopted Ordinance No. 2248, which established a six -month moratorium on the acceptance and /or processing of applications relating to diversion facilities and diversion interim service facilities for the treatment of mentally ill and chemically- dependent adults in crisis; and WHEREAS, on November 2, 2009, the City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2259, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2248; and WHEREAS, following adoption of Ordinance No. 2248, City staff conducted extensive research on crisis diversion facilities and crisis diversion interim service facilities; and WHEREAS, the programs run in these facilities target mentally ill and chemically dependent adults in crisis who might otherwise be brought to a hospital emergency department or arrested for minor crimes and taken to jail; and WHEREAS, these facilities have varying lengths of stay for its consumers, generally ranging from less than 24 hours to two weeks or longer; and WHEREAS, although these facilities are licensed by the Department of Health as Residential Treatment Facilities and by the Department of Social and Health Services, Mental Health Division as Adult Residential Treatment Facilities, the use is inconsistent with residentially -zoned uses; and WHEREAS, the Tukwila Municipal Code does not currently have a specific provision addressing the use of property for these types of facilities; and WHEREAS, the Tukwila City Council has determined it is in the best interest of the City to prevent major investment and /or vesting of rights that conflict with the Comprehensive Plan and the City's intent to carefully and thoroughly plan for and provide appropriate development regulations; and WHEREAS, on February 25, 2010, following adequate public notice, the Planning Commission reviewed a draft ordinance related to the process for siting crisis diversion facilities and crisis diversion interim service facilities within the City; and WHEREAS, as required by State law, the City has filed the proposed code changes with the Department of Commerce and is awaiting notice from them of completion of their review; and W:\Word Processing \Ordinances\Diversion Facilities Moratorium Renewal.doc SK:ksn 2/25/2010 Page 1 of 2 15 16 WHEREAS, the recommendations of the Planning Commission must be brought before the City Council for their review and consideration; and WHEREAS, the current moratorium will expire before the recommendations of the Planning Commission can be brought before the City Council for their review and consideration; and WHEREAS, the moratorium is being extended the minimum amount of time necessary in order to ensure the City completes its legislative process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed upon the receipt and processing of building permit applications, land use applications, and any other permit application for diversion facilities and diversion interim service facilities. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on March 1, 2010 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until June 1, 2010, unless extended by the City Council, pursuant to State law. Section 4. Adoption of Findings of Fact. The City Council adopts the findings of fact contained in Ordinance No. 2259, by this reference, as well as the "Whereas" clauses herein. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid, unconstitutional or unenforceable for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Repealer. Ordinance No. 2248, dated September 8, 2009, is hereby repealed. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W \Word Processing \Ordinances\Diversion Facilities Moratorium Renewal doc SK:ksn 2/252010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 City of Tukwila Washington Ordinance No. DSc/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DIVERSION FACILITIES FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS, ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2248; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on September 8, 2009, the Tukwila City Council passed Ordinance No. 2248, which declared an emergency necessitating the immediate imposition of a moratorium on the receipt and processing of building permit applications, land use applications and other permit applications for diversion facilities and diversion interim service facilities; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the City is required to hold a public hearing within 60 days of adoption of a moratorium, and to adopt Findings of Fact; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council adopts the following Findings of Fact in support of the moratorium adopted by Ordinance No. 2248: 1. On August 6, 2006, King County advertised a Request for Proposals No. 1207 09RLD (hereafter "RFP to solicit sealed proposals to operate a crisis diversion facility and /or a diversion interim service facility. 2. The RFP included the "ideal geographical" location as south of downtown Seattle and north of Southcenter. This geographical location targets Tukwila as well as other South King County communities. 3. On September 15, 2009, the City filed a public records request with King County for all documents pertaining to the RFP, proposed diversion facilities and diversion interim service facilities, The City received a significant amount of documents from King County on October 20, 2009. 4. On October 21, 2009, City staff met with King County staff to discuss crisis diversion facilities and diversion interim service facilities. 5. The programs run in these facilities target mentally ill and chemically- dependent adults in crisis who might otherwise be brought to a hospital emergency department or arrested for minor crimes and taken to jail. 6. The proposed facilities have varying lengths of stays for their residents, generally ranging from less than 24 hours to two weeks or longer. 7. Although these facilities are licensed by the Department of Health as Residential Treatment Facilities and by the Department of Social and Health Services' Mental Health Division as Adult Residential Treatment Facilities, the use is highly inconsistent W Word Processing\ Ordinances Diversion Facilities.doc BM.ksn 11/02/2009 Page 1 of 2 17 18 with residentially -zoned uses. Additionally, these facilities may also be inconsistent with some commercial and industrial zoned uses. 8. The Tukwila Municipal Code does not currently have a specific provision addressing the use of property for such facilities. 9. The Tukwila City Council has determined it is in the best interest of the City to prevent major investment and or vested rights to develop such facilities in conflict with the Comprehensive Plan and the City's intent to carefully and thoroughly plan for and provide appropriate regulations. 10. Pursuant to RCW 35A.63.220, the City adopted Ordinance No. 2248, establishing a six -month moratorium to allow the City adequate time for staff to study zoning impacts and the impacts to City resources associated with siting of crisis diversion facilities and diversion interim service facilities within the City. 11. Department of Community Development staff has presented a staff report to the City Council that outlines a tentative schedule for examining the impacts associated with crisis diversion facilities and diversion interim service facilities within the City. 12. The City Council, following public notice, conducted a public hearing regarding the moratorium on November 2, 2009. 13. The City supports the work of the Mental Illness Drug Dependency Committee and wants to work cooperatively with King County on regional issues. 14. The potential adverse impacts on the public health, property, safety and welfare of the City and its residents, as set forth above, justify the need for the moratorium. 15. The City Council has considered the foregoing facts, materials and testimony. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL O THE CITY OF TUKWI{,A, WASHINGTON, at a Regular Meeting thereof this re day of Y1) (9) F' l-Qt" 2009. ATTEST UTHENTICATED: Christy O'F1a5erty, CMC, City t'lerk APPROVED_ of the Cjty't ney BY: W Word Processing \Ordinances\ Diversion Fadlities.doc BM:ksn 11/02/2009 Filed with the City Clerk: 0 r)e 9 Passed by the City Council: J 0 9 Published: 1 5 -O 1 Effective Date: l 1 /0 0 `it Ordinance Number: Page 2 of 2 CAS NUMBER: AGENDA ITEM TITLE A resolution establishing green fees CATEGORY Discussion Motion MTG. DATE 2/22/10 MTG. DATE 2/22/10 3/1/10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by I Ma review ouncil review 02/22/10 RS I Al< 03/01/10 RS I (,\V R MtgDate 2/22/10 MtgDate MtgDate 3/1/10 MtgDate ITEM INFORMATION 10 0 1 9 ORIGINAL AGENDA DATE: FEBRUARY 22, 2010 Resolution Ordinance Bid Award n Public Hearing 1 I Other MtgDate MtgDate MtgDate SPONSOR Council n Mayor Adm Svcs DCD n Finance Fire Legal P&R Police PW/ SPONSOR'S Approve a resolution establishing new green fees at the City's Foster Golf Links. SUMMARY Transportation Cmte REVIEWED BY n COW Mtg. CA &P Cmte U F &S Cmte Utilities Cmte n Arts Comm. n Parks Comm. DATE: 2/8/10 RECOMMENDATIONS: SPONSOR /ADMIN. Parks Recreation COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT /FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $N /A $N /A APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION Forward to the Next Regular Meeting Planning Comm. Fund Source: Comments: The green fee increases are between $.50 and $2,00 for various 9 -hole and 18 -hole play on weekdays and weekends ATTACHMENTS Informational Memorandum (corrected) dated 2/18/10 Informational Memorandum (original) dated 2/3/10 Draft Resolution in strike through, underline format Green Fee Comparison (corrected) Minutes from the Community Affairs and Parks Committee meeting of 2/8/10 Resolution in Final Form ITEM No. 1 n 20 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SETTING GREEN FEES FOR THE CITY'S FOSTER GOLF LINKS; AND REPEALING RESOLUTION NO. 1660. WHEREAS, pursuant to Tukwila Municipal Code 12.12.O10A, green fees are established and updated by City Council resolution, most recently by Resolution No. 1660, passed March 17, 2008; and WHEREAS, green fees are the major source of revenue for operating and improving the City of Tukwila -owned Foster Golf Links and an increase is necessary to meet the revenue needs for operating, maintaining and making capital improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Green Fees Established. The following green fees are hereby established for play at the City's Foster Golf Links. GREEN FEES 2010 18 holes, Weekday (Mon. -Fri.) 9 holes, Weekday (Mon. -Fri.) 18 holes, Weekend (Sat. or Sun.) 9 holes, Weekend (Sat. or Sun.) 18 holes, Senior (62 years or older) (Mon. -Fri.) 9 holes, Senior (62 years or older) (Mon. -Fri.) 18 holes, Junior (17 years or younger) (any tine) 9 holes, Junior (17 years or younger) (any time) Twilight, Weekday (Mon. -Fri.) Twilight, Weekend (Sat. or Sun.) 18 holes, Resident, Weekday (Mon. -Fri.) 9 holes, Resident, Weekday (Mon. -Fri.) 18 holes, Resident, Weekend (Sat. or Sun.) 9 holes, Resident, Weekend (Sat. or Sun.) 18 holes, Senior Resident (62 years or older) (Mon. -Fri.) 9 holes, Senior Resident (62 years or older) (Mon. -Fri.) NEW 9 holes, League Senior NEW Section 2. Repealer. Resolution No. 1660 is hereby repealed. Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing \Resolutions \Green Fees 2010.docx SG:ksn 2/23/2010 Filed with the City Clerk: Passed by the City Council: Resolution Number: $29.00 20.00 34.00 23.00 24.00 16.00 16.00 10.00 12.00 12.00 27.00 19.00 32.00 22.00 22.00 15.00 18.00 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST /AUTHENTICATED: Dennis Robertson, Council President Page 1 of 1 21 22 1st (Monday) 2nd (Tuesday) 3rd (Wednesday) Transportation Cmte, 5:00 PM (CR 81) Civil Service CANCELLED City Council Regular Mtg., 7:00 PM (Council Chambers) Community Affairs Parks Cmte, 5: 00 PM (CR #3) City Council Committee of the Whole Mtg. 7:00 PM (Council Chambers) Chamber of Commerce Gov't. Community Affairs Cmte., 12:00 NOON (Chamber Office) Finance Safety Cmte, 5:00 PM (CR 83) D Arts Commission, 5:30 PM (Community Center) 8th (Monday) 9th (Tuesday) r Utilities Cmte, 5:00 PM (CR 81) Tukwila International Boulevard Action Cmte, 7:00 PM (Conununity Center) Upcoming Meetings Events MARCH 2010 Sister City Cmte, 5:30 PM (CR 83) 10th (Wednesday) 4th (Thursday) i Equity Diversity Commission, 5:15 PM (CR 83) Court Dr. Seuss Night Celebrate Dr. Seuss' birthday with bouncers, arts and crafts, food games! FREE FAMILY FUN! 6:00 to 8:00 PM (Community Center) Sponsored by Recreation, Parks. Recreation, Tukwila 's Library Advisory Board, and Community Schools Collaboration llth (Thursday) 5th (Friday) 12th (Friday) D Human Services Advisory Board, 10:00 AM (Human Services office) 6th (Saturday) 13th (Saturday) Council Coffee Chat 10:00 AM to 12:00 NOON at Starbucks (13038 interurban Ave.) Stop by and informally talk with a Tukwila City Council member about anything on your mind regarding Tukwila. SUNDAY, MARCH 14 (at 2:00 AM) Daylight Saving Time Begins Y Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Hinthorne at 206 575 1633. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206 433 1844. Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Kimberly Matej at 206 433 -1834. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Agenda items for 3/2/10 meeting: (A) City investment report. (B) Sales tax report. >Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 7180. Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206 433 1844. 3' Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. Agenda items for 3/1/10 meeting: (A) Transportation Element update to the Comprehensive Plan Energy Efficiency Through Transportation Planning grant. (B) Southcenter Parkway Extension David Evans Design Supplement No. 9 >Tukwila Intl. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 433 1812. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). 23 24 Tentative Agenda Schedule MONTH March May 31st Memorial Day (City offices closed) 1 MEETING 1- REGULAR See agenda packet cover sheet for this week's agenda (March 1, 2010 Regular Meeting) Public Hearing: Ordinance relating to a six-month moratorium on the acceptance of applications for and issuance of land use, building and development permits, business licenses and /or approvals for any change in use for certain non industrial uses within the manufacturing industrial center zone MEETING 2 MEETING 3 ME ETING 4 C.O.W. REGULAR C.O.W. 8 15 Special Presentation: Chamber of Commerce 2009 year -end report (Nancy Hinthorne, President) Special Presentation: Annual State of the City report (Mayor Haggerton) April 5 12 19 26 3 10 17 24 22 Special Presentation: Police Department awards COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING Public Hearing: Noise ordinance COMMI 11 ht. OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING