HomeMy WebLinkAboutCAP 2010-06-28 COMPLETE AGENDA PACKET1. PRESENTATION(S)
City of Tukwila
Community Affairs
Parks Committee
O Joe Duffle, Chair
O Joan Hernandez
O Verna Seal
Item
2. BUSINESS AGENDA
a. Amendment to Doak settlement agreement.
Jack Pace, Community Development Director
AGENDA
b. An ordinance adopting the State Building Code.
Jack Pace, Community Development Director
c. 2010 Parks Recreation update —Golf Division
and Youth and Teen.
Rick Still, Parks Recreation Director
Distribution:
J Duffie
1 Hernandez
V. Seal
D. Robertson
Mayor Haggerton
S, Lancaster
E. Boykan
S, Brown
J. Ferrer -Santa Ines
MONDAY, JUNE 28, 2010
CONFERENCE Room #3, 5 :00 PM
Recommended Action Page
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Monday, July 12, 2010
Committee Goals:
Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different
cultures represented within the Tukwila community.
Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential
neighborhoods.
Provide legislative support and encouragement to Tukwila residents living in rental communities through programs
that hold owners and /or property managers accountable for providing safe places to live through the implementation
of a rental licensing program.
Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more
familiar with the changing faces of communities and neighborhoods throughout the City.
Ensure a commitment to continued human services funding in relation to the cost of living through consistent review
of regional, state and federal budgets affecting human services progams and services (also assigned to F &S).
Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to F &S).
IS The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 (TDD 206 248 -2933) for assistance.
B. Giberson N Olives
M. Hart J. Pace
S. Hunstock D. Speck
D Johnson R. Still
S. Kerslake J. Trantina
K. Kertzman B. Arthur
G. Labanara C. Parrish
K. Matej D Almberg
M. Miotke S. Kirby
C. O'Flaherty S. Norris
a. Forward to 7/12 C.O.W. Pg.1
and 7/19 Regular Mtg.
b. Forward to 7/12 C.O.W. Pg.31
and 7/19 Regular Mtg.
c. Information only Pg.41
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FIRST AMENDMENT TO SETTLEMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA AND
DARRYL DOAK, SR., ESTRELLA DOAK, DARRYL DOAK, JR.,
AND DOAK HOMES, INC.
THIS FIRST AMENDMENT TO SETTLEMENT AGREEMENT (the
"Amendment is made and entered into this day of 2010, by and
between the CITY OF TUKWILA (hereinafter "City" or "Tukwila a duly organized
Washington municipal corporation, and DARRYL DOAK, SR., ESTRELLA DOAK,
DARRYL DOAK, JR., and DOAK HOMES, INC. (hereinafter collectively referred to as
"Doak
I. RECITALS
WHEREAS, the City and Doak entered into that certain Settlement Agreement
dated July 2, 2008; and
WHEREAS, due to the economic downturn in the construction industry, Doak's
ability to complete the terms of the Settlement Agreement prior to its expiration have been
hindered, and Doak has requested an extension of the Settlement Agreement; and
WHEREAS, the City desires to cooperate with Doak by extending the Settlement
Agreement for an additional term of thirty -six (36) months in exchange for elimination of
expedited review for Doak's permit applications and elimination of permit fee waivers;
NOW, THEREFORE, in consideration of the mutual promises set forth herein and
the long -term benefit to both the City and Doak, the parties hereby amend said Agreement
as follows:
II. AGREEMENT
1. Paragraph 1, Building Permits, is hereby amended to read as follows:
6 LOTS AT 50TH AVENUE SOUTH
1. Building Permits. Tukwila agrees to approve four building permits for single
family dwellings on this property and further agrees that Doak's applications will not be
denied based on failure to meet the City's minimum lot area requirements or to otherwise
comply with Tukwila Municipal Code Section 18.70.030. Doak's building permit
applications will be reviewed in the same manner and withm the same timelines as all other
applications for building permits submitted to the City for review. Doak agrees to provide
Tukwila with three calendar days' notio%
applications.
Doak v. City of Tukwila
First Amendment to Settlement Agreement 6/21/20106/21/20106/16/2010
Pare 1 of 5
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a.Within seven days of rec
determine if the applications are complete.
In the event that Tukwila
Incomplete Application," identifying vihich items are required for the
Application, Tukwila shall have five days to review t-lea additional
h.Tukwila shall have 13 days from the determination that the application is
complete tc complete its Substantive review of the building permit
applications. In the event that a correction letter is issued, Tukwila shall
have i e k' c response to the correction letter is
received to review the revised plans and either approve the permit or issue
another correction letter.
permits arc approved and r gdy for issuance.
2. Paragraph 11, Building Permits, is hereby amended to read as follows.
11 LOTS AT SOUTH 124TH STREET AND 50TH AVENUE SOUTH
11. Building Permits. Tukwila agrees to approve ten building permits for single
family dwellings on this property and further agrees that Doak's applications will not be
denied based on failure to meet the City's minimum lot area requirements or to otherwise
comply with Tukwila Municipal Code Section 18.70.030. Doak's building. Hermit
applications will be reviewed in the same manner and within the same timelines as all other
applications for building permits submitted to the City for review.
Tukwila with three calendar days' notice prior to submission of the building permit
applicati ons.
determine if the applications arc complete. hi-th2 went that Tukwila
Incomplete Application," identifying which items are required for the
application to be complete. After Doak responds to the Notice of Incomplete
Application, Tukwila shall have five days to review the additional
information and determine if the application is complete:
complete to complete its substantive review c` the building permit
applications. In the event that a correction letter is issued, Tukwila shall
have 10 days from the date De; -k's
Doak v. City of Tukwila
First Amendment to Settlement Agreement 621/20106/21/20106 /16/2010
Pare 2 of 5
its receipt.
another correction letter.
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permits are approved and ready for issuance.
3. Paragraph 15, Public Works Permit, is hereby amended to read as follows:
15. Public Works Permit. All infrastructure improvements to include, but not
limited to, roadway, sidewalk, drainage, sewer and water connections, fire hydrants, curbs,
gutters, etc. shall be accomplished under a Public Works Permit. Tukwila's standard fees
shall apply for all Public Works penults. Doak agrees that Tukwila shall not grant final
occupancy approval to any of the houses associated with this Agreement until Tukwila has
finalized the Public Works permit. Doak's Public Works permit applications will be
reviewed in the same manner and within the same timelines as all other applications for
Public Works permits submitted to the City for review.Tukwila agrees to- review Doak's
Public `I /cE-I-Es- permit applications '.vithin 30 calendar days of subimttal of complete
applications, unless the applications are deemed incomplete a f
Zoning, Public Works or Fire Code requirements (Titles 9, 11, 1'l, 16, 18 of the TMC)
u" bo all ovicd --te
correct any such defieieneie:: within the specified time pen ?c set forth by Public Works
ts:. Should Doak respond to a correction
cw such response within 30 calendar days of
Doak v. City of Tukwila
First Amendment to Settlement Aereement 6/21/20106/21/20106/16/2010
Pa 3 of 5
4. Paragraph 24, Refund of Fees and Waiver of Fees, is hereby amended to read as
follows (note that footnotes 3 and 4 in the original Settlement Agreement remain in full
force and effect and said footnotes have not been re- printed here due to formatting
constraints):
24. Refund of Fees and Waiver of New Fees. Tukwila agrees to refund all building
permit fees charged by Tukwila's Department of Community Development (not including
the demolition permits), mechanical permit fees, plumbing permit fee.; and—the
administrative.
within 20 days of mutual execution of this t gr ive all
new building plan check fees specified by TMC 16 01 250(B) for the applications necessary
t-o-i+ b Doak is responsible for the payment of the
building permit fees in the same manner as all other aoplicantseffect at the time of issuance
of th building permits. Ali—fees—to-13e. v aived or refunded, in the approximate amount of
;;13,3'_ zed in Exhibit K attached to -this Agreement. However, In addition.
Doak agrees that it is responsible for common water and sewer hook up fees, traffic impact
fees and any other fees applicable to Doak's projects that are charged in the same manner to
other properties in Tukwila.
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5. Section 30, Expiration of This Agreement, is hereby amended to read as follows:
30. Expiration of ThisSettlement Agreement. Thfse Settlement Agreement shall
expire 3936 months from the date of mutual execution of this ^mentFirst Amendment.
To avoid the creation of orphan lots, Doak shall develop the lots in either "adjacent order"
(e.g., lot 1, then lot 2, then lot 3, etc.) or "opposing order" (start at one end of the private
street and develop the lots on opposite sides of the street in "pairs," e.g., lots 1 10, then
lots 2 9, then lots 3 8, etc.). In no event shall orphan lots be created. Doak's
obligations set forth in Sections 23 (Compensation) and 28 (Release) shall survive
termination of this Agreement, and Doak shall be obligated to dismiss the Lawsuit and
Appeal regardless of the lack of issuance of any building permit(s). Doak shall be entitled to
develop the lots that are the subject of this Agreement in conformance with the terms of the
Agreement so long as the building permits for the properties are issued before the expiration
of the Agreement consistent with Section 20 and thereafter remain valid. Upon the
expiration of this Agreement, however, any future development of the properties that are the
subject of this Agreement and for which building permits have not been issued will be
required to comply with the Development Standards in effect at the time of any future
application.
6 This Amendment shall become effective immediately following execution by all
of the parties
7. Except as amended herein, the terms and provisions of the onginal Settlement
Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA
James Haggerton, Mayor
DOAK HOMES, INC.
Darryl Doak, Sr., Its President
Estrella Doak, Its Vice President
Date:
Date:
Date
Doak v. City of Tukwila
First Amendment to Settlement Agreement 6/21/20106/21/20106/16/2010
Page 4of5
Darryl Doak, Jr., Its Project Manager
Date:
Doak v. City of Tukwila
First Amendment to Settlement Agreement 6/21/201(X/21/30106 /16/2010
Paae5of5
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S 122 St
Completed Homes
Homes Under Construction
Remaining Homes to be built
S 124 St
1
City of Tukwila
Doak
Settlement
Properties
"_z o,
DOAK HOMES INC
PHOTO
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DOAK HOMES INC
PHOTO
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TO: JACK PACE
LETTER HAND DELIVERED TO CITY OF TUKWILA
BY: DARRYL M. DOAK, JR
PROJECT MANAGER
DOAK HOMES INC.
CITY
OP' ru ktitu
APR 6 2010
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April 15, 2010
City of Tukwila
Department of Community Development
6200 Southcenter Blvd.
Tukwila, WA 98188
DOAK HOMES INCORPORATED
11812 m 26 AVENUE SW
BURIEN, WA 98146
Phone 206 246 -6587 Fax 206 246 -5991
Attn. Jack Pace, Director of Community Development
Re: Doak v. City of Tukwila, Final Settlement Agreement- 7/2/2008
Dear Mr. Pace,
As we keep track of our settlement agreement of July 2, 2008, the expiration date of this agreement is
fast approaching. We were given 30 months from the above date to complete our (10) ten- home
development. The completion date is coming up on December 2, 2010.
We would like to request extension of our settlement for another three years due to the current economic
crisis. Our small business is trying to weather this storm and trying to stay afloat. Instead of closing down
our business, we are still trying to continue to build as well as to employ people. We are trying hard to
meet the deadlines as per agreement.
As you know the economy of our country has collapsed. The real estate market was terribly affected
since the end of 2008 with many bank foreclosures and repossessions, where some banks did not even
survive it and had to shut down. Consequently, there are no banks lending money to builders, most
especially speculative builders like us, as they have many foreclosed homes in their inventory.
Our company tried to find a financial institution to lend us construction money but to no avail. We had to
fund our own project which meant building one house at a time. Build one, sell it and use the funds to
build the next. This has been the most challenging situation for our company in our 21 years of
homebuilding. Currently, we have four lots that we are building on, Lots A, B, C, D. We finished and
sold Lot A on February 1, 2010 that was on the market for seven (7) months. We finally freed up the
funds to build Lot B which we just now completed. This home is closing at the end of this month. Then
we can continue to build Lot C or D. We purchased the building permits for these two lots as we felt
pressured that we needed to meet deadlines but we can only build one house at a time.
We would like to notify you that there is no possible way that we can build and finish the ten -home
development as per settlement. The real estate market is expected to improve in another three to four
years. We need at least three years extension to finish this development. You must know that the
reason is totally out of our control as the economy went into recession and the real estate market took a
big hit. Many of our counterparts, other builders, had closed down. We are trying to avoid having to
shutdown as we continue to employ ourselves and other people.
We need your understanding and consideration in this regard. We do not want to wait till the last minute
to resolve this pressing issue. We hope that you will work with us now to come up with a reasonable
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expectation for a date of completion. Again as a remindE r,
contributing to Tukwila's community housing developme it
We are hoping to hear from you soon. Thank you for your
Sincerely yours,
Darryl E. Doak, SR
President and Builder
DED:tmd
our company has been building and
for over ten years.
time and consideration.
08-056
COUNCIL APPROVED 5-5-08
THIS SETTLEMENT AGREEMENT is made and entered into as of the date of
the last party signing below, by and between DARRYL DOAK, SR., ESTRELLA
DOAK, DARRYL DOAK, JR., DOAK HOMES, INC. (hereinafter collectively referred
to as "Doak and the City of Tukwila, a duly organized Washington municipal
corporation (hereinafter "Tukwila" or "the City
SETTLEMENT AGREEMENT
RECITALS
A. Doak filed a First Amended Land Use Petition, Petition for Writ of Mandate,
and Complaint for Damages against Tukwila in June 2007 in King County Superior
Court alleging various claims related to violation of the Land Use Petition Act (Chapter
36.70C RCW), 42 U.S.C. 1983, Chapter 64.40 RCW and the state and federal
constitutions, respectively King Co. Superior Court Cause No. 07- 2- 17181 -9KNT and
U.S.D.C. Cause No. 07 -1148 MJP (hereinafter collectively referred to as "the Lawsuit
The Lawsuit was removed to federal court in July 2007, was remanded to King County
Superior Court in January 2008, and remains pending. In addition Doak filed with the
City of Tukwila a "claim against the City of Tukwila for tort damages" dated June 29,
2007.
B. Doak filed an administrative appeal of Tukwila's denial of its development
permit applications for ten lots at South 124 Street and 50 Avenue South in August
2007 (hereinafter "Appeal The Appeal remains pending.
C. Doak and Tukwila now desire to settle and resolve all claims relating to the
Lawsuit and Appeal without further expense or delay.
AGREEMENT
Now, Therefore, in consideration of the mutual promises and agreements
contained herein, and for other good and valuable consideration, the parties agree as
follows:
Doak v City of Tukwila
Final Settlement Agreement 7/2/2008
Page 1 of 12
6 LOTS AT 50TH AVENUE SOUTH
1. Building Permits Tukwila agrees to approve four building permits for single-.
family dwellings on this property and further agrees that Doak's applications will not be
denied based on failure to meet the City's minimum lot area requirements or to otherwise
comply with Tukwila Municipal Code Section 18.70.030. Doak agrees to provide
Tukwila with three calendar days' notice prior to submission of the building peimit
applications.
a. Within seven days of receiving the building permit applications, Tukwila will
determine if the applications are complete. In the event that Tukwila
deteiniines that the applications are incomplete, it shall issue a "Notice of
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Incomplete Application," identifyi: ig which items are required for the
application to be complete. After Doak responds to the Notice of Incomplete
Application, Tukwila shall have five days to review the additional information
and determine if the application is complete.
b. Tukwila shall have 13 days from the determination that the application is
complete to complete its substa itive review of the building permit
applications. In the event that a correction letter is issued, Tukwila shall have
10 days from the date Doak's respo: ise to the correction letter is received to
review the revised plans and either approve the permit or issue another
correction letter.
c. Tukwila has met its obligations und this section once it notifies Doak that
the peiniits are approved and ready fc•r issuance.
2. Boundary Line Adiustment. Tukwila agrees to approve a BLA sufficient to
create 4 buildable lots with 4 separate parcel numbers. Doak agrees to provide Tukwila
with three calendar days' advance notice prior to submission of the BLA applications.
The layout of the lots shall be consistent with th layout depicted in the "Site Plan for tax
parcels 017900 -1730 and 0179001755," prepared by Alliant Engineering, attached hereto
as Exhibit A.
a. Within seven days of receiving the applications, Tukwila will determine if the
applications are complete. In the went that Tukwila determines that the
applications are incomplete, a "Not ice of Incomplete Application" will be
issued that identifies which items are required for the application to be
complete. After Doak responds to the Notice of Incomplete Application,
Tukwila shall have five days to eview the additional information and
determine if the application is complete.
b. Tukwila shall have 23 days from the determination that the application is
complete to complete its substantive review of the BLA applications. In the
event that a correction letter is issue 1., Tukwila shall have 14 days from the
date Doak's response to the correction letter is received to review the revised
plans.
c. Tukwila has met its obligations to the time period listed above once it notifies
Doak that the Boundary Adjustment twplication is ready for recording. Doak
is responsible for obtaining the nece 3sary signatures from King County and
for having the BLA application recorded with King County. Tukwila shall
not be responsible for any delays by Doak or King County in reviewing and
recording the final documents.
3. Legality of Lots Modified Via Bounlary Line Adiustment. Tukwila agrees
that the four lots modified as part of the BLA application shall be considered
"confoiming lots" and, in the case of destruction of any of the houses on those lots, the
Doak v City of Tukwila
Final Settlement Agreement 7/2/2008
2 0 Page 2 of 12
houses shall be allowed to be rebuilt, provided the replacement houses comply with the
development standards set forth herein.
4. Water and Sewer. Tukwila agrees to allow Doak to saw cut asphalt on 50
Avenue South to install necessary water and sewer infrastructure to the four proposed
houses. The Sewer and Water infrastructure installed by Doak shall comply with Titles
11, 14 and 16 of the Tukwila Municipal Code, and Chapters 7 and 8 of the City of
Tukwila Public Works Department's Development Guidelines and Design and
Construction Standards. Doak shall be responsible for patching the roadway in a manner
approved by Tukwila's Public Works Department. All street restoration work shall
comply with Tukwila's Public Works Standards. Doak will not be required to provide a
complete overlay for all of 50 Ave South. Doak shall be responsible for the payment of
asphalt mitigation fees charged in the same manner to other applicants. Doak agrees to
raise the elevation of the stoinn water catch basin fronting the property at Doak's expense.
5. Development Standards. Doak agrees that the elevations of the four proposed
houses on 50 Avenue South will vary in design, materials and color and further agrees
to incorporate front porches and to minimize the street presence of garages on the various
elevations. The elevations and floor plans for the four proposed houses on 50 Avenue
South are attached to this Agreement as Exhibit B. The building footprint shall be
limited to 40% per lot. Doak agrees to comply with the impervious surface limitation
found in TMC 8.25.020 (E).
6. Survey Stakes. Replacement of survey stakes that allegedly have been altered
or removed by Tukwila's contractor for Phase II of the Allentown/Foster Point Water,
Sewer and Surface Water Improvement Project, R.L. Alia Company (hereinafter "Alia
is a private matter between Doak and Alia.
7. Underground Electrical Permit. Seattle City Light "SCL inspected the
underground electrical work performed at the property, but Tukwila's contractor filled
the ditch prior to City inspection. Tukwila agrees to adopt, ratify and/or approve SCL's
inspection of this work, or otherwise sign off on the inspection, without cost to Doak.
Doak agrees to provide Tukwila sufficient proof of a favorable inspection by SCL.
11 LOTS AT SOUTH 124TH STREET AND 50TH AVENUE SOUTH
8. Small Lot Development. Tukwila agrees to allow Doak to develop 10 single
family compact houses as depicted in the following: the approved, final site plan
prepared by Alliant Engineering and attached hereto as Exhibit C; the approved
conceptual street detail attached hereto as Exhibit D; the approved elevations and floor
plans attached hereto as Exhibit E and F; the approved landscaping plan and planting
schedule attached hereto as Exhibit G; the side and rear elevation details attached hereto
as Exhibit H; and the fencing detail attached hereto as Exhibit J. It is the parties' intent
that the houses will be built and landscaping will be provided consistent with the
approved plans attached as exhibits hereto, and Doak agrees that the property will be
developed in compliance with all applicable TMC zoning requirements. Minor revisions,
Doak v City of Tukwila
Final Settlement Agreement 7/2/2008
Page 3 of 12
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if any, due to unforeseen circumstances, will be addressed through the Dispute
Resolution procedures set forth in paragraph 22 ierein.
a. Tukwila agrees to accept that densit_ 7 based on 44,710 square feet divided by
6500 equals 6.9; and that 6.9 times 1.5 equals 10.35. Tukwila agrees not to
subtract the area of the private road serving the development from any density
calculation such that the density allows for development of 10 compact single
family houses. The building footp:int for each lot shall be limited to 35
percent of the lot area, with the following exceptions: (1) the 35 percent
footprint limitation shall not apply to lots 2 and 3, provided applicable setback
requirements are met, consistent wish the City's e -mail dated December 10,
2007, a copy of which is attached hereto as Exhibit I; and (2) the allowable
maximum building footprint for lot 8 can be 1290 (approximately 35.06389
percent).
b. Tukwila further agrees that fireplaces may extend into the setback areas, up to
a maximum of 18 inches.
c. Decks in the rear of the homes art. exempt from the 35 percent footprint
limitation, provided decks are no gi eater than 18 inches tall, meet the side
setback requirements, and are no cic ser than five feet from the rear property
line. Decks cannot be placed below any required exit window nor can the
decks hinder Fire Department ladder access.
d. Backyards may be fenced; however, fences shall not extend past the rear
elevation of the homes. Doak shall construct, or cause to be constructed, a
fence parallel to South 124th Street a:: depicted in Exhibit J attached hereto.
9. Private Road Improvements and Mai:itenance. Doak agrees to construct the
private road in conformance to the conceptual street layout attached hereto as Exhibit D.
As part of the BLA application, Doak shall provide Tukwila with a copy of a shared
maintenance agreement for the private road. The private road, sidewalk, and on- street
parking shall be located within a private tract. Vaintenance and ownership of this tract
shall be divided between all homes within the development. The shared maintenance
agreement shall be recorded on all lots that ar subject to the BLA application. The
following note shall be placed on the face of the BLA document: "The City of Tukwila
has no responsibility to build, improve, maintai or otherwise serve the private road or
any stormwater facilities on site."
10. Environmental Review. Tukwila agrees that no further environmental review
is needed for the proposed project.
The individual lot area shall not include the private access road, sidewalks, or on- street parking.
2 SEPA DNS issued July 11, 2007 for the construction oft °n homes.
Doak v. City of Tukwila
Final Settlement Agreement 7/2/2008
2 2 Page 4 of 12
11. Building Permits. Tukwila agrees to approve ten building permits for single
family dwellings on this property and further agrees that Doak's applications will not be
denied based on failure to meet the City's minimum lot area requirements or to otherwise
comply with Tukwila Municipal Code Section 18.70.030. Doak agrees to provide
Tukwila with three calendar days' notice prior to submission of the building permit
applications.
a. Within seven days of receiving the building permit applications, Tukwila will
determine if the applications are complete. In the event that Tukwila
determines that the applications are incomplete, it shall issue a "Notice of
Incomplete Application," identifying which items are required for the
application to be complete. After Doak responds to the Notice of Incomplete
Application, Tukwila shall have five days to review the additional infoiniation
and determine if the application is complete.
b. Tukwila shall have 13 days from the determination that the application is
complete to complete its substantive review of the building permit
applications. In the event that a correction letter is issued, Tukwila shall have
10 days from the date Doak's response to the correction letter is received to
review the revised plans and either approve the permit or issue another
correction letter.
c. Tukwila has met its obligations under this section once it notifies Doak that
the permits are approved and ready for issuance.
12. Boundary Line Adiustment. Tukwila agrees to approve a BLA sufficient to
create 10 buildable lots with 10 separate parcel numbers. Doak agrees to provide
Tukwila with three calendar days' advance notice prior to submission of the BLA
applications.
a. Within seven days of receiving the applications, Tukwila will determine if the
applications are complete. In the event that Tukwila determines that the
applications are incomplete, a "Notice of Incomplete Application" will be
issued that identifies which items are required for the application to be
complete. After Doak responds to the Notice of Incomplete Application,
Tukwila shall have five days to review the additional information and
determine if the application is complete.
b. Tukwila shall have 23 days from the determination that the application is
complete to complete its substantive review of the BLA applications. In the
event that a correction letter is issued, Tukwila shall have 14 days from the
date Doak's response to the correction letter is received to review the revised
plans.
c Tukwila has met its obligations to the time period listed above once it notifies
Doak that the Boundary Adjustment Application is ready for recording. Doak
Doak v City of Tukwila
Final Settlement Agreement 7/2/2008
Page 5 of 12
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Doak v City of Tukwila
2 4 Final Settlement Agreement 7/2/2008
Page 6 of 12
is responsible for obtaining the necessary signatures from King County and
for having the BLA application recorded with King County. Tukwila shall
not be responsible for any delays by Doak or King County in reviewing and
recording the final documents.
13. Legality of Lots Modified Via Boundary Line Adjustment. Tukwila agrees
that the 10 lots modified as part of the BLA application shall be considered "conforming
lots" and, in the case of destruction of any of the houses on those lots, the houses shall be
allowed to be rebuilt, provided the replacement houses comply with the development
standards set forth herein.
14. Water and Sewer. In the same manner as other new building permit
applicants, Doak agrees that it is responsible for installation of waterlines and water
meters as necessary to service the 10 proposed compact single family houses. The Sewer
and Water infrastructure installed by Doak shall comply with Titles 11, 14 and 16 of the
Tukwila Municipal Code, and Chapters 7 and 8 of the City of Tukwila Public Works
Department's Development Guidelines and Design and Construction Standards.
Planning staff has confirmed that three sewer stubs have been located along the property,
and Tukwila agrees to permit Doak to connect more than one house per sewer stub. Prior
to final approval by Tukwila's Public Works Department, Doak agrees to sign and have
recorded a shared maintenance agreement for the shared sewer stubs and to have
recorded a hold harmless provision on all lots absolving the City of liability with regards
to having a shared sewer stub. The language of the shared maintenance agreement for the
shared sewer stubs, as well as the hold harmless provision absolving the City of liability
with regard to houses having shared sewer stubs, shall be subject to the prior approval of
Tukwila's Public Works Department. Doak is free to remove any pavement installed by
the City that encroaches on Doak's property.
15. Public Works Permit. All infrastructure improvements to include, but not
limited to, roadway, sidewalk, drainage, sewer and water connections, fire hydrants,
curbs, gutters, etc. shall be accomplished under a Public Works Permit. Tukwila's
standard fees shall apply for all Public Works permits. Doak agrees that Tukwila shall
not grant final occupancy approval to any of the houses associated with this Agreement
until Tukwila has finalized the Public Works permit. Tukwila agrees to review Doak's
Public Works permit applications within 30 calendar days of submittal of complete
applications, unless the applications are deemed incomplete or fail to meet Building,
Zoning, Public Works or Fire Code requirements (Titles 9, 11, 14, 16, 18 of the TMC)
pursuant to Tukwila's issuance of a correction letter, in which case Doak will be allowed
to correct any such deficiencies within the specified time periods set forth by Public
Works standards and generally applied to other applicants. Should Doak respond to a
correction letter issued by Tukwila, Tukwila agrees to review such response within 30
calendar days of its receipt.
16. Extension of Underground Utilities and Demolition Peimits. Tukwila agrees
to extend the expiration period of existing underground utilities and demolition penults
for six months from the date of final execution of this Agreement by the parties. The
City will grant no extensions to these permits. If the permits expire, Doak is required to
obtain new permits in the same manner as other applicants within the City and shall be
responsible for all associated costs.
GENERAL PROVISIONS
17. Building Plans. Tukwila agrees to return all unused building plans previously
submitted by Doak; however, Tukwila must retain one set of originals for each building
permit submitted in order to comply with Washington State records retention
requirements.
18. Buildinv and Fire Code. Doak agrees that it is required to construct all
proposed structures in compliance with Title 16 of the TMC. With regards to Fire
requirements, the proposed houses on the larger parcel will not comply with distance
requirements from the existing fire hydrants. Thus, Doak must install a fire hydrant or
hydrants in order to comply with the prescribed distance standards. However, if
residential fire sprinklers are installed in all of the houses, Tukwila will waive the fire
hydrant requirement.
19. Stormwater. Doak is required to comply with the 1998 King County Surface
Water Design Manual in the same manner as other members of the public.
20. Expiration of Permits. All building permits issued before the expiration of
this Agreement shall expire within the time frames established in the International
Building Code pursuant to TMC 16.04.020 (2)(a). All building peunits shall expire
within 180 days of pennit issuance if no work is commenced or work is abandoned.
Doak understands that Tukwila shall not provide any extensions to the subject building
pulpits. Should a building permit expire for a lot subject to this Agreement, any new
permit application for that lot will not be afforded the benefits of the expedited
procedures set forth in paragraphs 1 and/or 12 or the fee waivers set forth in paragraph
24, but will be subject to the regular permit process and fee schedule applied to other
applicants within the City. Such new permits shall, however, be afforded the benefits of
the remainder of this Agreement provided that they are issued prior to the expiration of
the Agreement. Tukwila will not waive any permit fees should new permits need to be
obtained.
21. Single Contact Person. Tukwila agrees that Brandon Miles, or his successor,
will be the single point of contact on behalf of Tukwila to coordinate any concerns
between Tukwila and Doak with respect to the subject developments and implementation
of the terms of this Agreement. However, the single contact person shall not be
responsible for coordinating building, fire or public works inspections, and Doak shall
utilize the City's standard procedures for such inspections.
22. Dispute Resolution. This section shall govern any disputes or questions of
interpretation of this Agreement that may arise between the parties. The parties agree
that cooperation and communication are essential to resolving issues efficiently. The
Doak v City of Tukwila
Final Settlement Agreement 7/2/2008
Page 7of12
25
Parties agree to exercise their best efforts to re; olve any disputes that may arise through
this dispute resolution process rather than through other external means. The parties
agree to use their best efforts to prevent and resolve potential sources of conflict at the
lowest level and to use good faith negotiations by engaging in the following dispute
escalation process should any such disputes aris
a. Level One. The Doaks and Senior :Tanner Brandon Miles, or his successor,
shall meet to discuss and attempt to i esolve the dispute in a timely manner. If
they cannot resolve the dispute with n ten (10) calendar days after referral of
that dispute to Level One, either part may refer the dispute to Level Two.
b. Level Two. The Doaks and Plann ng Supervisor Minnie Dhaliwal, or her
successor, shall meet to discuss and ittempt to resolve the dispute in a timely
manner If they cannot resolve the dispute within ten (10) calendar days after
referral of that dispute to Level Tw o, either party may refer the dispute to
Level Three.
c. Level Three. The Doaks and Department of Community Development
Director Jack Pace, or his successor, shall meet to discuss and attempt to
resolve the dispute in a timely manner.
d. In the event the dispute is not resolved at Level Three within ten (10) calendar
days after referral of that dispute to Level Three, the parties are free to file suit
or agree to alternative dispute res elution methods such as mediation or
arbitration. At all times prior to resolution of the dispute, the parties shall
continue to perform under this Agreement in the same manner and under the
same tem.'s as existed prior to the dispute to the extent possible.
23. Compensation. Upon execution of his Agreement, Doak agrees to dismiss
with prejudice the pending Lawsuit and Appeal and to fully release and waive all claims
against Tukwila, including attorneys' fees and costs, as more specifically agreed to in
Paragraph 28 of this Agreement, and Tukwilz shall pay Doak the amount of Fifty
Thousand Dollars ($50,000.00 U.S.) by check within 20 days of mutual execution of this
Agreement.
24. Refund of Fees and Waiver of New Fees. Tukwila agrees to refund all
building permit fees charged by Tukwila's Department of Community Development (not
including the demolition permits), mechanical p+,rmit fees, plumbing permit fees and the
administrative appeal fee previously paid by Doak with respect to the subject properties
within 20 days of mutual execution of this Agreement. Tukwila further agrees to waive
all new building plan check fees specified by FMC 16.04.250(B) for the applications
necessary to implement the terms of this Agreement. Doak is responsible for the
payment of the building permit fee at the time of issuance of the building peen lts. All
fees to be waived or refunded, in the approximate amount of $43,814.36, are itemized in
Doak v City of Tukwila
Final Settlement Agreement 7/2/2008
2 6 Page 8 of 12
Exhibit K attached to this Agreement. However, Doak agrees that it is responsible for
common water and sewer hook up fees, traffic impact fees and any other fees applicable
to Doak's projects that are charged in the same manner to other properties in Tukwila.
25. Attorneys' Fees and Costs. The parties to this Settlement Agreement agree
that each party shall be responsible for its own attorneys' fees and costs incurred in
resolving this dispute and entering into this Settlement Agreement. Should any party
undertake any legal action arising from this Agreement, attorneys' fees and costs shall be
awarded to the prevailing party in the event that the non prevailing party's position is
found to be frivolous.
26. Non -Legal Costs. Tukwila and Doak shall bear their own non -legal fees and
costs, including but not limited to architect and engineering fees and costs, as they were
originally incurred in connection with the matters covered by this Agreement.
27. Transferability. Doak may assign this Agreement to another party upon not
less than sixty (60) days' prior written notice to the City and attainment of Tukwila's
prior approval, which approval shall not be unreasonably withheld.
28. Release by Doak. Doak, on behalf of itself, its affiliates, and its successors
and assigns, releases and forever discharges and covenants not to sue with respect to any
and all claims, rights, demands, and causes of action, whether known or unknown,
liquidated or unliquidated (including attorneys' fees and costs), which Doak has, had, or
could have asserted against Tukwila, its affiliates, its past or present officers, elected
officials, directors, agents, representatives, past or present employees and their respective
heirs, executors or administrators and assigns, and that arose from the beginning of time
to the date of this Agreement and which relate in any way to the matters that were raised
or could have been raised in the Lawsuit and/or Appeal and/or the claim against Tukwila
for tort damages dated on or about June 29, 2007 and filed with the City on behalf of
Doak.
29. Release by Tukwila. Tukwila, on behalf of itself, its affiliates and its
successors and assigns, releases and forever discharges and covenants not to sue with
respect to any and all claims, rights, demands, and causes of action, whether known or
unknown, liquidated or unliquidated (including attorneys' fees and costs), which Tukwila
has, had, or could have asserted against Doak, its affiliates, its past or present officers,
directors, agents, representatives or employees and its respective heirs, executors, or
administrators and assigns, and that arose from the beginning of time to the date of this
3 This amount represents a good faith estimate based on current information and the exact amount refunded
and waived could vary and will be deteuuined at the time of building permit submittal.
4 Doak shall not be required to comply with TMC 14.17.050's condition of full payment of the King
County Sewer Capacity Charge prior to issuance of a building permit for any property described in this
Agreement. Doak remains responsible for compliance with the King County Code for all King County
Sewer Capacity Charges and must disclose such charges as outstanding obligations on the Seller's
disclosure statement per RCW 64 06 020 for each of the properties subject to this Agreement.
Doak v City of Tukwila
Final Settlement Agreement 7/2/2008
Page 9 of 12
27
Agreement and which relate in any way to the matters that were raised or could have
been raised in the Lawsuit and/or Appeal.
30. Expiration of This Agreement. This Agreement shall expire 30 months from
the date of mutual execution of this Agreement. To avoid the creation of orphan lots,
Doak shall develop the lots in either "adjacent order" (e g., lot 1, then lot 2, then lot 3,
etc.) or "opposing order" (start at one end of the private street and develop the lots on
opposite sides of the street in "pairs," e.g., lots 1 10, then lots 2 9, then lots 3 8,
etc.). In no event shall orphan lots be created. Doak's obligations set forth in Sections 23
(Compensation) and 28 (Release) shall survive termination of this Agreement, and Doak
shall be obligated to dismiss the Lawsuit and Appeal regardless of the lack of issuance of
any building permit(s). Doak shall be entitled to develop the lots that are the subject of
this Agreement in conformance with the terms of the Agreement so long as the building
peimits for the properties are issued before the expiration of the Agreement consistent
with Section 20 and thereafter remain valid. Upon the expiration of this Agreement,
however, any future development of the properties that are the subject of this Agreement
and for which building permits have not been issued will be required to comply with the
Development Standards in effect at the time of any future application.
31. No Admission. This Agreement is not an admission of liability or
wrongdoing by either party.
32. Choice of Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Washington.
33. Free Will. Doak and Tukwila hereby represent and warrant that its
representatives have entered into this Agreement of their own free will and in accordance
with their own judgment and upon advice of their own legal counsel and state that they
have not been induced to enter into this Agreement by any statement, act or
representation of any kind or character on the part of anyone except as expressly set forth
in this Agreement.
34. Authority. The individual signatories to this Agreement represent that they
have been duly authorized to execute this Agreement on behalf of the parties they purport
to represent herein.
35. Amendments. This Agreement may not be amended or modified except by a
writing, signed by the parties to be bound thereby, or signed by their respective attorneys
as authorized.
36. Notices. All notices, demands, requests, and other communications required
or peitnitted hereunder shall be in writing and shall be deemed delivered on the earlier of
(i) three days after posting of registered or certified mail, postage prepaid, addressed to
the addressee at its address set forth below or (ii) actual receipt by the addressee, at the
address listed as follows:
Doak v City of Tukwila
2 Final Settlement Agreement 7/2/2008
Page 10 of 12
TO CITY:
City of Tukwila
Attn: City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
With a copy to:
Ms. Shelley Kerslake, Esq.
Kenyon Disend, PLLC
11 Front St. S.
Issaquah, WA 98027
TO DOAK:
Doak Homes, Inc.
11812 26th Avenue SW
Burien, WA 98146
With a copy to:
Mr. Charles Klinge, Esq.
Groen, Stephens Klinge, LLP
11100 N.E. 8 Street, Suite 750
Bellevue, WA 98004
37. Entire Agreement. This Agreement constitutes the final written expression of
all the terms of this Agreement and is a complete and exclusive statement of the terms of
the Agreement.
38. Counterparts. This Agreement may be executed in counterparts by one or
more of the parties named herein and all such counterparts once so executed shall
together be deemed to constitute one final agreement, as if one document had been signed
by all parties hereto; and each such counterpart, upon execution and delivery, shall be
deemed a complete original, binding the parties to this Agreement. This Agreement may
close with the use of facsimile signatures.
39. Effectiveness. This Agreement shall become effective immediately following
execution by all of the parties; provided, however, that the releases as described in this
Agreement shall not take effect until Doak has received from Tukwila the settlement
payment described in Paragraph 17.
Doak v City of Tukwila
Final Settlement Agreement 7/2/2008
Page 11 of 12
29
40. Captions. The captions contained in the paragraphs of this Agreement are for
convenience of reference only and do not in any way limit, expand or modify the temis or
provisions of this Agreement.
CITY OF TUKWILA
"6 Mayor
DOAK HOMES, INC.
Aia
a o _44
Liarryl Doak, Si Its President
Estrella Doak, Its Vice President
„e
Hoak, J- r,Px-ojf Manager
Doak v. City of Tukwila
Final Settlement Agreement 7/2/2008
30 Page 12 of 12
Datc:
Date. 3'.,?co
g
Data. 7-3- •G'U�
Data. 7 3. 2
W
�y City of Tukwila
2
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Jack Pace, Department of Community Development, Director
DATE: June 28, 2010
INFORMATIONAL MEMORANDUM
SUBJECT: Adoption of the 2009 State Building Codes
ISSUE
The State Building Code Council has adopted the 2009 State Building Code and amendments
thereto, effective throughout the state on July 1, 2010. The State Building Codes, local
amendments thereto and the administrative rules of the codes must be adopted by ordinance to
be enforceable within the Tukwila jurisdiction. Shall the council approve an ordinance to adopt
the 2009 State Building Code with local amendments?
BACKGROUND
Jim Haggerton, Mayor
The State Building Code Council has adopted the model codes published by the International
Code Council, Inc., the International Association of Plumbing and Mechanical Officials, and the
National Fire Protection Association. The following are the seven model codes that are included
in the State Building Code and are administered by Building Division:
International Building Code.
International Residential Code.
International Mechanical Code.
International Property Maintenance Code
Uniform Plumbing Code
Washington State Energy Code
Washington Cities Electrical Code
There is a national code change process of the model codes that takes place during a three
year cycle. Once this process is completed and the new code editions are published, the State
Building Code Council commences their State wide process of public hearings.
Subsequent to this process the State Building Code Council publishes their adopted rules and
amendments to the model codes. The lengthy process leaves the state wide effective date one
year later than the code edition. Due to the many changes that have occurred in the model
codes, the State Building Code Council was further delayed in publishing their amendments to
the State Building Code. This affected the time frame for presenting an adopting ordinance to
the City council and therefore the effective date in Tukwila is now extended beyond the State
effective date of July 1, 2010.
31
INFORMATIONAL MEMO
Page 2
DISCUSSION
The International Building Code and the International Residential Building Codes were subject
to more changes than in the previous two code cycles. Changes of note are the provisions for
high rise buildings, a new occupancy class of ambulatory health care facilities, and a most
controversial requirement for mandatory fire sprinkler systems in all new one and two family
dwellings and townhouses.
The State Building Code Council placed the requirement for residential fire sprinklers in an
appendix to the International Residential Code. By this action each jurisdiction will determine if
mandatory residential fire sprinkler systems are appropriate for their jurisdictions.
Implementation of this requirement will require specific adoption of this appendix. Further study
is warranted and therefore adoption of this requirement is not included in this ordinance.
The adopting ordinance proposes two local amendments to the State Building Code.
1. An amendment to the permit fee schedule. Damage from flooding or other natural disasters
creates the problem of getting damage repair under way as soon as possible. This is imperative
for any recovery process to be successful. However, the work must be done under proper
building permits and with the required inspections.
As part of our recovery planning we have established an over the counter repair permit for one
and two family dwellings. A nominal fee of $20.00 is proposed. In this manner the permit is
made valid by payment of a permit fee, and the state mandated $4.50 (per building permit) is
included in this collection.
2. The amended language and additions to IBC Section 105.2 (Work exempt from permits)
includes three items: The first clarifies when work in Tukwila and State right -of- ways will
require building permits, see draft ordinance Section 16.04.20, 1, c, (I) The second clarifies the
definition of an accessory structure and supplements the conditions of this definition, see draft
ordinance Section 16.04.20, 1,c, (II), and the third exempts decks that are not greater than 30
inches above grade plane. The third is actually an addition to the list of construction exempt
from a building permit
The language to adopt the 2009 Edition of the model codes and the two amendments described
herein are the summary of changes to TMC Chapter 16.04. Due to an emergency order
requested by the Governor, the new State Energy Code will not be adopted herein.
Implementation of the new energy code has been postponed immediately until October 29,
2010 and perhaps an additional postponement until 2011. The current 2006 edition of the
energy code will continue to be enforced until such time as the State Building Code Council
decides on an implementation date for the new energy code. The strike outs in the fee
schedules are updates to the schedules that show increases that were previously approved by
council.
RECOMMENDATION
The Committee is being asked to approve the adopting ordinance with local amendments and
forward it to the July 12, 2010 Committee of the Whole meeting for consideration and
subsequent July 19, 2010 regular meeting.
ATTACHMENTS
Ordinance in draft form
32 W InfoMemos12009 State Bldg Code Adopt. -info memo IL.doc
and
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2121 (PART), 2157
(PART), 2171 (PART) and 2249 (PART) AS CODIFIED AT TUKWILA
MUNICIPAL CODE CHAPTER 16.04, "BUILDINGS AND
CONSTRUCTION," ADOPTING THE 2009 STATE BUILDING CODE;
THE WASHINGTON CITIES ELECTRICAL CODE; AND PROVIDING
FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, The Codes enumerated in Chapter 19.27 031 RCW shall become
effective in all counties and cities of this state on July 1, 2010, requires that all
jurisdictions in the state shall enforce the State Building Code as adopted by the State
Building Code Council, effective July 1, 2010; and
WHEREAS, the International Building Code, International Residential Code,
International Mechanical Code, and Uniform Plumbing Code are documents that are
adopted by the State Building Code Council as parts of the State Building Code, and
WHEREAS, the City Council desires to adopt the 2009 edition of the International
Property Maintenance Code, and
WHEREAS, the City Council desires to adopt the Washington Cities Electrical
Code including administration provisions and amendments therein to the National
Electrical Code, and
WHEREAS, the City Council desires to establish the City of Tukwila hearing
examiner as the authority to hear and rule on appeals relative to the application and
interpretation of the State Building Code and the Washington Cities Electrical Code,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ORDAINS AS FOLLOWS:
Section 1. TMC 16.04.010 Amended. TMC 16 040 010 "Purpose of Chapter," is
hereby amended to read as follows:
16.04.010 Purpose of Chapter
TMC Chapter 16.04 is enacted for the purpose of adopting rules and regulations
governing the conditions and maintenance of all property, buildings and structures; by
providing standards for supplied utilities, facilities and other physical things and
conditions essential to ensure that structures are safe, sanitary and fit for occupation
and use; the condemnation of buildings and structures unfit for human occupancy, and
use and abatement of such structures in Tukwila, regulating the issuance of permits and
the collection of fees: and helping to ensure the protection of the health, safety and the
general welfare of the Public and, governing the creation, construction enlargement,
conversion, alteration, repair, occupancy. use, height, court area. sanitation, ventilation
and maintenance of all buildings and structures within this urisdiction.
Section 2. TMC 16.04.020 Amended. TMC 16 040 020 "Codes Adopted," is hereby
amended to read as follows:
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16.04.020 Codes Adopted
Effective July 1, 2010, the following codes are adopted by reference as if fully set
forth:
1. The International Building Code, 20092803 Edition, and referenced standards
hereto as published by the International Code Council, Inc., and as adopted by the State
of Washington in Chapter 51 -50 WAC. The following Appendices, standards and
amendments are specifically adopted.
a. Appendix E, Supplementary Accessibility Requirements.
b ICC /ANSI A117.1- 2003, American National Standard.
c. Work exempt from a building permit. IBC Section 105.2 of the International
Building Code, 2009 Edition, is amended to include:
(1). Work performed by the City of Tukwila and located in City of Tukwila
right -of -way; work performed by Washington State Department of Transportation and
located in WSDOT right -of -way to include public utility towers and poles, mechanical
equipment not specifically regulated in this code; hydraulic flood control structures
including levees, provided that any structure or building constructed in a municipal or
state right -of -way and intended to be used as any occupancy classification of the State
Building Code is not exempt from the provisions of this code or the related p ermit
requirements.
(2) One -story detached accessory structures used as tool and storage
sheds, playhouses and similar uses; urovided the floor area does not exceed 120 square
feet, and such structure is outside of and entirely seu arated, as prescribed by code, from
any existing building on the premises.
(3) Decks not more than 30 inches above adiacent grade.
2. The International Residential Code, 2009 Edition as amended by the State;
Provided that Chapters 11 and 25 through 43 of this code are not adopted. Appendix
G, Swirruning Pools, Spas and Hot tubs. is included in adoption of the International
Residential code.
3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2009
Edition, published by the International Association of Plumbing and Mechanical
Officials: and as amended by the State of Washington. Provided that chapters 12 and 15
of this code are not adopted. Provided further, that these requirements of the Uniform
Plumbing "Code relating to venting and combustion air of fuel fired appliances as
found in chapter 5 and those portions of the code addressing building sewers are not
adopted. Appendixes A, B, D, E and I of the Uniform Plumbing Code are hereby
adopted by reference. Provided further, that the following amendments to the Uniform
Plumbing Code are adopted.
a. All reference to and definition of "authority having jurisdiction" is deemed
to refer to and shall mean the "Building Official."
b Water Supply and Distribution. Cross connection control for premises
isolation related to the City's public water system shall be in accordance with the City of
Tukwila Public Works Department's "Development Guidelines and Design and
Construction Standards." Cross connection control for premises isolation related to
water purveyors outside of the City of Tukwila water system shall be in accordance
with that water purveyor's policies and standards.
c. Sanitary Sewer Side sewer, private sewer main extensions beyond a point
defined in the plumbing code as the building drain, and required grease interceptors all
within the City's sewer districts shall be in accordance with the City of Tukwila Public
Works Department "Development Guidelines and Design and Construction
Standards," in conjunction with the Uniform Plumbing Code requirements "Sanitary
Drainage," side sewers, private sewer main extensions beyond the building drain and
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grease interceptors outside the Tukwila sewer district shall be in compliance with that
purveyor's policies and standards.
4. The International Mechanical Code 2009 as published by the International
Code Council and as amended by the State of Washington, Chapter 51 -52 WAC.
5. The International Fuel Gas Code, 2009 Edition, as published by the
International Code Council, Inc. and as amended and adopted by the State of
Washington.
6 The Washington Cities Electrical Code. Article 80• The 2008 Edition of the
National Electrical Code (NFPA 70), including Annex A, B and C, the 2007 Edition of
Standard for the Installation of Stationary Pumps for Fire Protection (NFPA 20- 2007),
the 2005 Edition of Standard for Emergency and Standby Power Systems (NFPA 110-
2005), Commercial Building Telecommunications Cabling Standard (ANSI /TIA /EIA
568 -B.1 June 2002 including Annex 1 through 5), Cointnercial Building Standard for
Telecommunications Pathway and Spaces (ANSI /TIA /EIA 569 -A -7 December 2001
including Annex 1 through 4), Commercial Building Grounding and Bonding
Requirements for Telecommunications (ANSI /TIA /EIA 607 -A- 2002), and the
Residential Telecommunications Cable Standard (ANSI /TIA /EIA 570 -B -2004 are
adopted and shall be applicable within the City of Tukwila as amended, added to and
excepted in the Washington Cities Electrical Code.
a. Article 85.11 sections (A), (B) and (C) is amended entirely and replaced as
follows: The authority having iurisdiction within the City of Tukwila shall mean the
Building Official, and shall include the Chief Electrical Inspector or other individuals or
iurisdictions when designated by the Building Official. All references to "Code Official"
shall mean the Building Official or designee.
7. The International Property Maintenance Code, 2009 Edition, as published by
the International Code Council, including a new Section 404.8 as follows: Dwelling as
defined in Section 202 and pursuant to Section 404.7 shall be provided with a kitchen
sink, cooking appliances and refrigeration facilities, each having a clear working space
of not less than 30 inches (762min) in front Light and ventilation conforming to this
code shall be provided.
8 Appeals. All references to Board of appeals is amended as follows: Any
person, firm or corporation may register an appeal of a decision or determination of the
Building Official provided that such appeal is made in writing within 14 calendar days
after such person firm or corporation shall have been notified of the Building Official's
decision. Any person, firm or corporation shall be permitted to appeal a decision of the
Building Official to the Tukwila Hearing Examiner when it is claimed that any one of
the following conditions exists.
a. The true intent of the code or ordinance has been incorrectly interpreted.
b The provisions of the code or ordinance do not fully apply
c. The decision is unreasonable or arbitrary as it applies to alternatives or
new materials. Appeals procedures shall be in accordance with TMC Chapter
18 116.030
9. Violations. Whenever the authority having jurisdiction determines that there are
violations of this code, a written notice shall be issued to confirm such findings. Any
Notice Order issued pursuant to this code shall be served upon the owner, operator,
occupant or other person responsible for the condition or violation, either by personal
service or mail, or by delivering the same to and leaving it with some person of
responsibility upon the premises. For unattended or abandoned locations, a copy of
such Notice Order shall be posted on the premises in a conspicuous place, at or near
the entrance to such premises, and the Notice Order shall be mailed by registered or
certified mail, with return receipt requested, to the last known address of the owner,
occupant or both.
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10. Penalties. Any person, firm or corporation who shall willfully violate or fails to
comply with a Notice Order is liable for the monetary penalties prescribed in TMC
8.45 100(A2)
Section 3. TMC 16.04.250 Amended. TMC 16 040.250 "Schedule of Permit Fees," is
hereby amended to read as follows:
16.04.250 SCHEDULE OF PERMIT FEES
A. Building Permit Fees
1 Total Valuation
$1 to $500
Building Permit Fees
$63.0029
$501 to $2,000 $63.0029 for the first $500, plus $4.203,78 for each additional
$100, or fraction thereof, to and including $2,000
I $2,001 to $25,000 $126.0080 for the first $2,000, plus $19.1017.36 for each
additional $1,000, or fraction thereof, to and including
$25,000
I $25,001 to $50,000 $584.65484,18 for the first $25,000, plus $14.9012.52 for each
additional $1,000, or fraction thereof, to and including
$50,000
I $50,001 to $100,000 $957.40797.98 for the first $50,000, plus $10.308 8 for each
additional $1,000, or fraction thereof, to and including
$100,000
I $100,001 to $500,000 $1,471.901,231.98 for the first $100,000, plus $8.256:94 for each
additional $1,000, or fraction thereof, to and including
$500,000
I $500,001 to $1,000,000 $4,777.304 the first $500,000, plus $6.90 9 for
each additional $1,000, or fraction thereof, to and including
$1,000,000
I $1,000,001 and up $8221.306,952.98 for the first $1,000,000, plus $4.55390 for
each additional $1,000, or fraction thereof
B Plan Review Fee. A plan review fee shall be paid at the time of submitting
plans and specifications for review The plan review fee shall be 65% of the permit fee
as set forth in the permit fee schedule. The plan review fee specified herein is a separate
fee from the permit fee and is in addition to the permit fee.
C. Other Fees.
1 Inspections outside normal business hours: $94.50 per hour (Three hour
minimum charge).
2. Re- inspection fee: $63.00 assessed upon call for third inspection of same
correction notice.
3 Inspections for which no fee is specifically indicated. $63.00 per hour (one
half hour minimum charge)
4. Additional plan review necessary due to additions or revisions to the
plans: $63.00 per hour (one -half hour minimum charge).
5 Work commencing before permit issuance shall be subject to an
investigation fee of 100% of the usual permit fee.
6. Renewal of expired permits: The fee shall be one -half the amount
required for a new permit for such work, provided that suspension or abandonment has
not exceeded one year Renewals after expiration of more than one year shall require a
full permit fee and plan review fee where applicable.
D. Mechanical permit fee schedule.
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Valuation of
Work (Total
Contract Amount)
$250 or less
$251 to $500
$501 to $1,000
$1,001 to $5,000
$5,001 to $50,000
$50,001 to $250,000
$250,001 to $1,000,000
$1,000,001 and up
2. Other fees.
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Mechanical Permit Fees
1 $33.60 For issuance of each permit (base fee)
$63.0058.
$63.0058 for first $250, plus $7.656,5 for each $100 or fraction
thereof, to and including $500
$82.1574.87 for the first $500, plus $8.50749 for each $100 or
fraction thereof, to and including $1,000
$124.70112.32 for the first $1,000, plus $9.40831 for each
$1,000 or fraction thereof, to and including $5,000
$162.25145.56 for the first $5,000, plus $9.809 -22 for each
$1,000 or fraction thereof, to and including $50,000
$604.05414.90 for the first $50,000, plus $8.20749 for each
$1,000 or fraction thereof, to and including $250,000
$2242.1,2E2.99 -05 ffor the first $250,000, plus $7.206 39 for
each $1,000 or fraction thereof, to and including $1,000,000
$7,636.454,792.50-for first $1,000,000, plus $6.55568 for each
$1,000 or fraction thereof
1. When a plan or other data is reauired to be submitted with a permit
application, a plan review fee shall be paid at the time of submitting plans and
specifications for review. The plan review fee shall be 25% of the calculated permit fee
and shall be in addition to the permit fee.
(a) Work commencing before permit issuance shall be subiect to an
investigation fee of 100% of the usual permit fee.
b. Inspections outside of normal business hours: $94.50 per hour with a
three hour minimum charge.
c. Re- inspection fee assessed. $63.00 per hour
d. Additional plan review required by changes, additions or revisions to
plans or to plans for which an initial review has been completed. $63.00 per hour (one-
half hour minimum).
E. Plumbing Permit Fee Schedule.
1. Permit Issuance Issuance of each permit (base fee) $33.60.
2. Unit Fee Schedule (in addition to items 1 2 above)
For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.)
For each additional fixture
For each building sewer and each trailer park sewer
Rain water system per drain (inside building)
For each water heater and /or vent
For each industrial waste pretreatment interceptor, including its trap
and vent, except for kitchen type grease interceptors
1 For each grease trap (connected to not more than four fixtures)
For each grease interceptor for commercial kitchens (less than 750
gallon capacity)
For each repair or alteration of water piping and/ or water treating
equipment, each occurrence
1 For each repair or alteration of drainage or vent piping, each fixture
For each medical gas piping system serving one to five inlets/ outlets
for a specific gas
$63.0058
$13.65$10
$24.1521
$13.6510
$13.6519
$13.6510
$17.0515
$28.3525
$13.651-0
$13.6510
$79.8070
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1 For each additional medical gas inlets/ outlets
For each lawn sprinkler system on any one meter, including (1 -5)
ATMOS vacuum breakers, therefore over five each ATMOS vacuum
breaker
For atmospheric -type vacuum breakers not included in lawn sprinkler
backflow Protection. 1 to 5, $13.65; over 5: $13.65 for first 5 plus $3.15
for each additional
For each backflow Protective device other than atmospheric type
vacuum breakers: 2 -inch diameter and smaller $28.35, over 2 -inch
diameter $30.45
2. Other Inspections Fees (Plumbing)
Inspection outside of normal business hours (minimum 3 hours)
Re- inspection fee
Inspections for which no fee is specifically indicated
Plumbing permit issued after work commences for which a permit is
required.
•Emergency conditions
•Non- emergency conditions: Work commencing before permit
issuance shall be subject to an investigation fee equal to 100% of the
permit fee.
Plan review fee: The fee for review shall be 25 of the total plumbing
permit fee. The plan review fee is a separate fee from the permit fee,
and is applicable when plans are required in order to show compliance
with the code.
F Fuel Gas permit fee schedule.
1. Permit Issuance:
For issuing each permit (base fee): ($0 if perrnit is in conjunction with a
plumbing permit for an appliance with both plumbing and gas
connection.)
1 For issuing each supplemental permit
2. Unit Fee Schedule (in addition to items in F 1 above)
1 For each gas piping system of one to five outlets
1 For each additional gas piping system outlet, per outlet
3 Other Inspections and Fees (fuel gas piping)
1 Inspections outside of normal business hours
1 Re- inspection fee
1 Inspection for which no fee is specifically indicated
Additional plan review required by changes, additions, or revisions to
approved plans (minimum charge one -half hour)
Work commencing before permit issuance shall be subject to an
investigation fee equal to 100% of the perrnit fee
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1
$15.757
$28.355
1. When a plan or other data is reouired to be submitted with a perrnit application,
a plan review fee shall be paid at the time of subrnittina_ plans and specifications
for review. The Plan review fee shall be 25% of the calculated Permit fee and
shall be in addition to the permit fee.
$94.50/ hour
$63.00/hour
$63.00/ hour
•No fee.
•Fee is 100% of
permit fee.
Fee is 25% of
permit fee
$33.6030
$16.55
$63.0058
$13.657
$94.50 /hour
$63.00 /hour
$63.00/hour
$63.00 /hour
100% of the
permit fee
Page 6 of 8
Plan review fee: The fee for review shall be 25% of the total fuel gas
piping permit fee. The plan review fee is a separate fee from the permit
fee and is required when plans are required in order to show
compliance with the code.
G. Electrical permit fee schedule.
NEW SINGLE FAMILY DWELLINGS
1 New single family dwellings (including a garage)
1 Garages, pools, spas and outbuildings
1 Low voltage systems
SINGLE FAMILY REMODEL AND SERVICE CHANGES
1 Service change or alteration no added /altered circuits 1 $81.9075
Service change with added /altered circuits plus $11.5548 for each $81.90 7-5
added circuit (maximum permit fee $152.85140)
Circuits added /altered without service change (includes up to 5 $54/6050
circuits)
Circuits added /altered without service change (more than 5 circuits) $54.6050
plus $7.657 for each added circuit (maximum permit fee $98.7090)
1 Meter /mast repair 1 $68.2565
Low voltage systems 1 $59.8555
MULTI FAMILY AND COMMERCIAL (including low voltage)
VALUATION
OF ELECTRICAL
CONTRACT
$250 or less
$251 $1000
$1,001 $5,000
$5001 $50,000
$50,001 $250,000
$250,001 $1,000,000
Over $1,000,000
$63.0058
PERMIT FEE
$152.85140 1
$81.9075 1
$59.8555 1
$63.0058 for the first $250 plus $4.204:80 for each $100 or fraction
thereof, to and including $1,000
$94.5084 for the first $1,000 plus $21.0028 for each $1,000 or
fraction thereof, to and including $5,000
$178.50164 for the first $5,000 plus $17.2016.40 for each $1,000 or
fraction thereof, to and including $50,000
$953.40902 for the first $50,000 plus $12.0012.60 for each $1,000 or
fraction thereof, to and including $250,000
$3,473.403 for the first $250,000 plus $8.908-50 for each $1,000
or fraction thereof, to and including $1,000,000
$10,167.159,677 plus 0.5% of cost over one million.
1 Plan review fee. In addition to the permit fee, when plan review is required,
a plan review fee must be paid at the time of permit application equal to 25% of the
calculated permit fee.
1 Temporary electrical service (residential)
1 Temporary electrical service /generators
Manufactured /mobile home Darks and RV uark sites, each electrical
service and feeder. (excluding garage or outbuildings)
1 Carnivals:
1 Base electrical fee electrical fee
H. MISCELLANEOUS FEES
Each concession electrical fee
Each ride and generator truck electrical fee
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$63.0058
$78.7575
$84.0080
$78.5075
$10.5019
$10.50
Page 7 of 8
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Inspections or plan review not specified elsewhere (one half hour
minimum).
Adult Family Horne Inspection (paid at the time of inspection $63.00
scheduling
Diaster recovery emergency repair permit (residential structures only) $20.00
2. Work covered without inspection or work not ready at the time of
inspection may be charged a re- inspection fee at the hourly rate listed above.
3 Work without a permit. Any person who commences electrical work
before obtaining the necessary permits shall be subject to an investigation fee. The
investigation fee shall be equal to the established permit fee as set forth in the electrical
fee schedule. This fee, which shall constitute an investigation fee, shall be imposed and
collected in all cases, whether or not a pernnit is subsequently issued.
I. Fee Refunds. The Building Official may refund any permit fee paid by the
original permit applicant that was erroneously paid or collected. The Building Official
may also authorize the refund of not more than 80% of the permit fee when no work
has been done under a permit issued in accordance with the code. Where a plan review
fee has been collected, no refund will be authorized once it has been determined that
the application is complete and the plan review process has conunenced. Refund of anv
permit fee paid shall be requested by the original permittee in writing- and not later than
180 days after the date of fee payment.
Section 4. 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 5. 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
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number
$63.0058 /hour
Page 8 of 8
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Interim Parks and Recreation Director
DATE: June 23, 2010
SUBJECT: Youth Teen Section Update Presentation of Information Only
ISSUE
Youth and Teen Section of the Recreation Division update from the Parks and Recreation
Department.
BACKGROUND
wgsy City of Tukwila
�2
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayor
A Power Point presentation will be provided to update the CAP on the programs and events
offered for the youth and teens of Tukwila. A brief review, statistical information and pictures of
the Recreation Division's Youth and Teens operations will be provided during the presentation.
This is one of the Park and Recreation Department's presentations planned for 2010. This year
we have provided presentations on our CIP projects, Aquatic Programs, Senior Programs and
the City's Volunteer Programs. In meetings to come, the presentations will include updates
regarding the Special Events, Parks operations, Trail projects, Starfire Sports, General
Programs and TCC Facility and Rental operations
RECOMMENDATION
Informational only.
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42
4s y City of Tukwila
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Interim Parks and Recreation Director
DATE: June 23, 2010
SUBJECT: Golf Division Update Presentaticn of Information Only
ISSUE
Golf Division update from the Parks and Recreation Department.
BACKGROUND
A Power Point presentation will be provided to update the CAP on the City of Tukwila Foster
Golf Links operations. A brief history, statistical information and pictures of the golf operations
will be provided during the presentation.
This is one of the Park and Recreation Department'': presentations planned for 2010. This year
we have provided presentations on our CIP projects, Aquatic Programs, Senior Programs and
the City's Volunteer Programs. In meetings to come the presentations will include updates
regarding the Youth and Teen programs, Special Events, Parks operations, Trail projects,
Starfire Sports, General Programs and TCC Facility and Rental operations
RECOMMENDATION
Informational only.
INFORMATIONAL_ MEMORANDUM
Jim Haggerton, Mayor