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Home My WebLink AboutCOW 2009-10-12 Item 5E - Ordinance - Public Works Permit Fees CO UNCIL AGENDA SYNOPSIS ILA {y J Initials ITEM No. Meeting Date I yepared by 1 Mayor- review Council ,review 10/12/09 .ty(r� BG L a 10/19/09 49 BG 90' 1 1 I j 5' ITEM INFORMATION I CAS NUMBER: 09-145 'ORIGINAL AGENDA DATE: OCTOBER 12, 2009 AGENDA ITEM TITLE Ordinance Amending TMC Subsections 11.08.020 and 11.08.060 Relating to Permit Fees for Right -of Way and Private Property CATEGORY Discussion Motion Resolution n Ordinance n Bid Award P1 Public Hearing n Other Mtg Date 10/12/09 Mtg Date Mtg Date Mtg DatelO/ 19 (19ttg Date 11/1"tg Date Mg Date 1SPONSOR Council n Ma n Adm Svcs DCD n Finance Fire n Legal P&R i Police PW SPONSOR'S This ordinance will amend and update Chapters 11.08.020 and 11.08.060 of the Tukwila SUMMARY Municipal Code to revise permit fees pursuant to the settlement agreement with King County Water District 125. Changes include the separation of Type C permits to C1 for private development and C2 for work performed in the City right -of -way. Council is being asked to approve this ordinance. REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. n Parks Comm. P1 Planning Comm. DATE: 09/29/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/09 I 10/19/09 I MTG. DATE I ATTACHMENTS 10/12/09 I Informational Memorandum dated 09/23/09 I Draft Ordinance Minutes from the Utilities Committee meeting of 09/29/09 10/19/09 I City of Tukwila DATE: September 23, 2009 Attachment: Draft Ordinance. INFORMATIONAL MEMORANDUM TO: Mayor Haggerton UTILITIES COMMITTEE FROM: Interim Public Works Director SUBJECT: Amend TMC Subsections 11.08.020 and 11.08.060 Relating to Permit Fees for Right -of -Way and Private Property Jim Haggerton, Mayor ISSUE Amend and update Chapters 11.08.020 and 11.08.060 of the TMC for revised permit fees pursuant to the Settlement Agreement with King County Water District 125. BACKGROUND The Settlement Agreement with King County Water District 125 was approved by City Council at the August 17, 2009 Regular Meeting. The Agreement requires changes to Chapters 11.08.020 and 11.08.060 of the TMC to clarify permit fees. RECOMMENDATION The Council is being asked to approve this ordinance amending TMC Subsections 11.08.020 and 11.08.061 and to consider this item at the October 12, 2009 Committee of the Whole meeting and subsequent October 19, 2009 Regular Meeting. W: \PW Eng \OTHER \Bob Giberson \Info Memo Ordinance amending TMC 11.08.020 and 11.08.060.doc L A U ET AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1995 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SUBSECTIONS 11.08.020(C) AND 11.08.060(D), RELATING TO PERMIT REQUIREMENTS FOR ON -SITE DEVELOPMENT ON PRIVATE PROPERTY AND PERMIT FEES AND CHARGES FOR PERFORMING WORK IN A PUBLIC RIGHT -OF -WAY AND FOR PUBLIC WORKS PROJECTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City desires to amend its regulations to provide that Type C1 permits are required for grading and infrastructure work for on -site development on private property, and that Type C2 permits are required for grading and infrastructure work within the public right of -way; and WHEREAS, the City desires to amend its regulations to provide that fee amounts charged by the City to developers for both Type C1 and C2 permits shall be determined from the value of the construction on private property and or within the right -of -way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 1995 §1 (part), as codified at Tukwila Municipal Code Subsection 11.08.020(C), is hereby amended to read as follows: C. Type C Infrastructure and Grading on Private Property and City Right -of -Way and Disturbance of City Right -of -Way. 1. Type C1 permits shall be required for on -site development including, but not limited to, infrastructure work and grading performed on private property. Type C2 permits shall be required for infrastructure work and grading within the public right -of -way. Type C1 and C2 permits may be issued for a period not in excess of 180 continuous days, for activities that may alter the appearance of or disturb the surface or subsurface of the City right -of -way. 2. Type C1 and C2 permits include, but are not limited to: a. Boring. b. Culverts. c. Curb cuts. d. Paving. e. Drainage facilities. f. Driveways. g. Fences. h. Landscaping. i. Painting /Striping. j. Sidewalks. k. Street trenching. 1. Utility installation, repair, replacement. Section 2. Ordinance Amended. Ordinance No. 1995 §1 (part), as codified at Tukwila Municipal Code Subsection 11.08.060(D), is hereby amended to read as follows: D. Type C1 permits shall be required for on -site development including, but not limited to, infrastructure work and grading performed on private property. The total fees for Type C1 permits shall consist of the following parts: W: \Word Processing \Ordinances \Second Type C Permit Fees WD 125.doc SK:BG:ksn 10/07/2009 Page 1 of 2 1. An Application Base Fee, which is associated with establishing the necessary files; 2. A fee associated with the plan review and approval of the construction plans; 3. A fee associated with the issuance of the permit and the required inspection of the construction fee amount to be determined from the value of the construction on private property; and 4. A Grading Plan Review. For Type C1 permits, the developer shall submit separate cost estimates for each item of improvement. The Department will check the accuracy of these estimates. E. Type C2 permits shall be required for infrastructure work and grading performed within the City right -of -way. The total fees for Type C2 permits shall consist of the following parts: 1. An Application Base Fee, which is associated with establishing the necessary files; 2. A fee associated with the plan review and approval of the construction plans fee amount determined from the value of the construction within the public right -of -way; 3. A fee associated with the issuance of the permit and the required inspection of the construction fee amount to be determined from the value of the construction within the public right -of -way; 4. A pavement mitigation fee associated with the loss of pavement life from the proposed excavation in the public right -of -way fee amount determined from the square footage of excavation being performed and the age of the pavement; and 5. A Grading Plan Review. For Type C2 permits, the developer shall submit separate cost estimates for each item of improvement. The Department will check the accuracy of these estimates. Monies derived from the above charges shall be deposited to the General Fund of the City. F. A non refundable deposit, equal to the fee associated with an application base fee and the review and approval of construction plans, is due and payable prior to starting the review, with the balance of the total fee due and payable prior to issuance of the permit. Two reviews of the construction plans are included in the above referenced fee an original review and a follow -up review associated with a correction letter. Each additional re- review, which is attributed to the developer's action or inaction, shall be charged as a separate transaction in accordance with the fee schedule. Should additional fees for re- review be imposed, they will be added to the balance due and be payable prior to issuance of the permit. 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 OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W:\ Word Processing Ordinances \Second Type C Permit Fees WD 125.doc SK:BG:ksn 10/07/2009 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 Utilities Committee UTILITIES COMMITTEE Meeting Minutes September 29, 2009 5:00 p.m. Conference Room #1 PRESENT Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Ryan Larson, Greg Villanueva, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:04 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. NPDES Program Department of Ecoloev's Grant Program Staff is seeking full Council approval to enter into a grant agreement with the Washington State Department of Ecology for $50,000 for the National Pollutant Discharge Elimination System Stormwater Management Plan. This is a pass- through grant (non- competitive), available as a result of certain jurisdictions not taking advantage of previous funding available for the implementation of NPDES Phase II requirements. The City will utilize the grant funds towards expenses related to the existing project GIS Inventory for Area 6 (discussion below, funding used to offset costs). No matching funds are required. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW FOR DISCUSSION. B. GIS Inventory Area 6 Consultant Agreement and Scone of Work Staff is seeking full Council approval to enter into a consultant agreement with Perteet Engineering, Inc. in the amount of $150,000 for the mapping of all storm drainage and survey monuments within the public right -of -ways for Area 6 of the Geographical Information Systems (GIS) Inventory. As part of the implementation requirements of the National Pollution Discharge Elimination System (NPDES), the City is conducting a multi phased GIS inventory of city owned as -built drawings for public drainage systems (catch basins and manholes). NPDES requires that all 24 -inch and larger outfalls must be located and identified by 2011. This inventory will also allow for better tracking of storm facility maintenance needs. Perteet Engineering, Inc. has conducted all five previous phases of this inventory. Project monies are budgeted in the 412 Surface Water Fund. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW FOR DISCUSSION. C. Ordinance Amending TMC Chanter 11.08 Permit Fees for Right of Wav and Private Property Staff is requesting full Council approval of an ordinance amending the Tukwila Municipal Code (TMC) Section 11.08 relative to housekeeping items and permit fee calculations for right of way and private property. The new language added to this section is regarding permit fee calculations in the right -of way (11.08.060 -D) which was a result of a settlement agreement with King County Water District 125. The housekeeping items (11.08.020 -C) clarify type C permits, bringing separation to private property and right way permits. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW FOR DISCUSSION.