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HomeMy WebLinkAboutCOW 2006-04-10 Item 4B - Discussion - Clarification of TMC Chapter 17.24 Procedures for Public Improvements COUNCIL AGENDA SYNOPSIS O i S7AIP i2 Initials ITEM NO. Q i ;8, I I Meettnk Date Prepared by I Mayor's renew Conned review `1.11) x'_ I 4/10/06 7M ,t 41,-, 1 1 1 1 ITEM INFORMATION CAS NUMBER. 06-039 I ORIGINAL AGENDA DATE. APRIL 10, 2006 AGENDA ITEM TITLE Clarification of TMC Chapter 17.24 Procedures for Public Improvements CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other Mtg Date 4/10/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal P &R Police PW SPONSOR'S Clarification is needed for Tukwila Municipal Code 17.24.030 to clearly state City policy SUMMARY with regards to completing infrastructure improvements prior to final plat approval. The clarifying language comes from RCW 58.17.130 and has been endorsed by the City Attorney. The changes to the TMC will be included in a future ordinance when the entire Chapter is updated by DCD. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 3/28/06 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize changes in TMC 17.24.030 COM arrEE Forward to COW for discussion only at this time. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 4/10/06 1 MTG. DATE I ATTACHMENTS 4/10/06 I Information Memo dated March 22, 2006 Tukwila Municipal Code Changer 17.24 with updates Community Affairs and Parks Committee Meeting Minutes from March 28, 2006 INFORMATION MEMORANDUM Date: Mayor Mullet Public W arks Directo~ March 22, 2006 To: From: Subject: Clarification of Tukwila Municipal Code - Public Improvements ISSUE: Clarification of Tukwila Municipal Code 17.24 to more clearly define City policy. DISCUSSION: City policy has been to require an applicant to construct any required infrastructure improvements (roads, sewer, water, surface water drainage, street lights, sidewalks, etc.) associated with a proposed short plat or subdivision before the approval for the final plat is granted. The City has allowed the applicant to submit a bond for the completion of certain improvements (final lift for the roadway, sidewalks, punch list items, etc.) and if the bond is satisfactory, final plat approval has been granted. At the March 7th meeting of the Community Affairs and Parks Committee, Mr. David Tully of Tully Homes raised an issue of possible conflict between the City's code, specifically TMC 17.24.030, and the aforementioned policy for bonding of subdivision plat improvements. Mr. Tully felt that the TMC 17.24.030 would allow him to bond for all of the actual construction work in lieu of actually performing the work. When apprised of City policy, Mr. Tully requested a review of the code and the policy to ensure that both are in alignment. The proposed change to the existing language is attached and highlighted in red. This clarifying language comes from RCW 58.17.130 and has been endorsed by the City Attorney. The City's existing policy follows the options provided by the RCW and the proposed clarifying language should clear up any ambiguity. RECOMMENDATION: Endorse the proposed change to TMC 17.24.030 and forward to the Committee of the Whole for further discussion. Chapter 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS Sections: 17.24.010 l7.24.0.w20 l7.24.0;U)30 l7.24.0~0 Purpose Plans and pennits required for public improvements Process for installing public improvements Improvement agreements and financial guarantees 17.24.010 Purpose It Is the Intent to have all Infrastructure Improvements required by a subdivision, short plat, binding site Improvement plan, or boundary line adjustment completed prior to final approval of the proposed land action. The City realizes that there may be Instances where the completIOn of the Improvement may not be the best course of actIOn, Including, but limited to: final lift for the roadway, completing sidewalks while development construction Is ongoing, minor punch list Items, etc. In those Instances, the Director of Public Works may accept a bond or other financial security In lieu of the completion of the Infrastructure Improvements. 17.24.0W20 Plans and Dpermits required for public improvements A. Approval of a preliminary plat, short plat, binding site improvement plan or boundary line adjustment shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the Short Subdivision Committee, Planning Commission, or City Council; to obtain permits and complete installation for said improvements; and to prepare a [mal plat, plans, surveys and other documents for recording. B. Prior to installing improvements, the developer shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. See TMC 11.08 and 11.12 for additional guidance on standards and permit requirments for Improvements In the public right-of-way. (Ord. 1833 9 I (part), 1998) 17.24.0W30 Process for installing public improvements Improvements installed by the developer of the subdivision or short plat, either as a requirement or of the subdividers own option, shall conform to the requirements of this title and improvement standards, specifications, inspections and procedures as set forth by the Department of Public Works, and shall be installed in accordance with the following procedures: 1. Work shall not be commenced until plans have been checked for adequacy and approved by Public Works to the extent necessary for the evaluation of the subdivision or short plat proposal. +he plaBs may be required before approval of tho final plat, if improvements are to be deferred. Plans shall be prepared in accordance with the requirements of the City. 2. Work shall not commence until Public Works has been notIfied in advance and if work has been discontinued for any reason, it shall not be resumed until Public Works has been notified. 3. Public improvements shall be constructed under the inspection and to the satisfaction of the Director of PublIc Works. The City may require changes in typical sections and details if unusual conditions arise during construction to warrant the change. 4. All underground utilities, sanitary sewers and stonn drains installed in the streets by the developer of the subdivision or short plat shall be constructed prior to the surfacing of streets. Stubs for service connections and underground utilities and samtary sewers shall be placed to a length obviating the necessity for disturbing the street improvements when surface connections are made. 5 Plans showing all improvements as built shall be filed with the CIty upon completion of the improvements. (Ord. 1833 ~l(part), 1998) 17.24.0W40 Improvement agreements and financial guarantees A. REQUIRED IMPROVE/vIENTS - Before any final subdivision, short plat, binding site improvement plan or boundary line adjustment is finally approved, the subdivider shall install required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of the completion of the actual constructIOn installation of all required improvements (public and private) and prior to the approval of a final plat, the Public Works Director may accept a bond In ~n amount and with surety and conditions satisfactory to the Director, or other secure method, providing for and securing to the City the actual constructIOn and Installation of all required Improvements. This Is In addition to the requirements ofTMC 11.08 requiring a performance bond for all work being done In the public right-of-way. If the Public Works Director accepts a bond for the completion of the work, the subdivider shall may--execute and file with the City an agreement guaranteeing completion of such improvements together with any needed replacement or r.epair. The agreement shall: 1. Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for completion of work. ExtensIOns must be requested, approved by the Public Works Director City Council, and properly secured in advance of the required initial completion date. 2. Require notice by the subdivider to the Public Works Director promptly upon completion of all required improvements. 3. Provide for notice of approval or disapproval by the Pubhc Works Director of the improvement within a reasonable time after receiving notice of completion. 4. Require financial security to be provided by the subdivider pursuant to TMC 17.24.030C. 5. Provide that if the subdivider fails to complete all required work wIthin the period specified, the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed 90 days from the date of demand. 6. Provide that if the required improvements are not completed within that time, the City may take action to require the subdivider forfeit the financial security. 7. Provide that the City shall be entitled to recover all costs of such action including reasonable attorney's fees. 8. Provide that following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred. 9. Provide that should the proceeds of the financial secunty be msufficIent for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the subdivider. B. MAINTENANCE AGREEMENT - Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements. See TMC 11.08.110 for details. The agreement shall: 1. Require the subdivider to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. 2. Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final plat approval, whichever is later. Such mamtenance functions shall be specified by the Public Works Director and shall be reasonably related to the burdens which the subdivision WIll impose on drainage facilities during the time maintenance is required. The City Council may agree to accept and perform mamtenance of the improvements, in which case the subdivider's obligation to perform mamtenance functions shall terminate. 3. Not relieve the subdIvider of liabilIty for the defective condition of any reqUired improvements discovered following the effective term of the security given. 4. Provide a waiver by the subdivider of all claims for damages against any governmental authority which may occur to the adjacent land as a result of construction, drainage and maintenance of the streets and other improvements. C. PERFORMANCE BOND - To assure full performance of the agreements required herein, the subdivider shall provide one or more of the following in a form approved by the City Attorney: 1. A surety bond executed by a surety company authorized to transact business in the State of Washington. 2. An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project. 3. An assignment of account with a financial instItution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the CIty to withdraw the funds ill the event the provisions of the agreement are not met. 4. A cash deposit made with the City of Tukwila. D. Amount of Financial Security: The financial security provided shall be 150% of the estimated cost of the improvements to be completed and all related engineering and incidental expenses, final survey monumentation and preparation of reproducible mylar or electronic records in a format approved by Public Works and meeting Current Public Works drawing standards of the "as-built" improvements. The subdivider shall provide an estimate of these costs for acceptance by the Public Works Director. E. Defective Work: The acceptance of improvements by the City shall not prevent the City from making a claim against the developer for any defective work if such is discovered within two years after the date of completion of the work. (Ord. 1833 ~1(part), 1998) Commumty Affairs and Parks CommIttee March 28, 2006 Present: Joan Hernandez, Chair; Joe Duffie, Pamela Linder. Steve Lancaster, Brandon Miles, JIm Morrow, Jack Pace, Kathy Stetson, DavId Tully. Committee Chair Hernandez called the meeting to order at 5:00 PM. 1. Clarification of TMC - Public Improvements. Public Works Director Jim Morrow provided some background regarding the CIty'S requirements for infrastructure improvements for plats and subdivisions. He indicated that certain language in the City's SubdIVision Code may not be clear in describing City policy regardmg bonding versus actual completion of required Improvements. It has been the City's policy that all major infrastructure (sewer, water, storrnwater, streets) must be substantially completed before a short plat or final subdIvisIOn plat may be filed for record. Mr. Morrow described the problems that may arise if indIvidual lots are allowed to be sold prior to these improvements being completed. He went on to state that bonding may be appropriate for certain items, such as sidewalks, the final lift of asphalt paving and "punch list" items, and that these items are considered on a case-by-case basis. Mr. Morrow described proposed changes to Chapter 17.24 TMC that would more accurately reflect City policy on this issue. These changes have been reviewed by the City Attorney and the Department of Community Development. In addition to proposed revisions included m the meeting agenda, he distributed a new proposed "Purpose" section (copy attached). 0; Mr. Morrow mentioned that the City Attorney has suggested a minor revision to the language proposed for Section 17.24.030A. The Committee discussed some addItional minor edits to the "Purpose" section and to Section 17.24.030B. Mr. Morrow will distribute a revised "mark-up" version of Chapter 17.24 reflecting these changes. Mr. Morrow and Mr. Lancaster also reported that the recent change to the preliminary plat approval process (now heard by the Planning Commission rather than the City Council) requires some additional "housekeeping" changes to this Chapter. They will also be incorporated into the revised draft. The Committee thanked Mr. Tully for bringing this Issue to the City's attention, and asked ifhe had any comments. Mr. Tully indicated support for the proposed clanfications. Forward to COW. 2. Relocation Assistance Ordinan . Code forcement Officer Kathy Stetson reported that legislation adopted. by the 2005 state Ie 'sla e provides some improved tools for dealmg with difficult code enforcement issues involvin residential tenants. Under this legislation, landlords can be required to provide cash relocat n a 'stance to tenants displaced due to city actions to correct substandard living condItion. Ms. Ste n explamed the key provisIOns of the new law, indicatmg that Tukwila must for lly adopt provo ions of the legislatIOn m order to utIlize this new tool. Under the propost? rdmance, If the Ian rd has been notified by the City that one or Q:\COUNCIL\CAP\Minutes 3-28-06.doc-sJI-Created on 03/29/2006 4.35 00 PM Page 1 of2 ~TTACHMENT TO ITEM 1 - - PUBLIC IMPROVEMENTS 17.24.10 Purpose It is the intent to have all infrastructure improvements required by the subdivisIOn, short plat, binding site improvement plan, or boundary line adjustment completed pnor to fmal approval of the proposed land action. The City realizes that there are Instances where the completion of the improvements may not be the best course of action - final lift for the roadway, completing sidewalks while development construction is ongoing, minor punch list items, etc. In those instances, the Director ofPubhc Works may accept a bond or other fmancial security in lieu of the completion of the infrastructure improvements.