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Home My WebLink AboutCOW 2004-05-10 COMPLETE AGENDA PACKETTukwila City Council Agenda .:. COMMITTEE OF THE WHOLE ':' Steven M. MUllet, Mayor Councilmembers: · Pam Carter · Joe Duffle Rhonda Berry, City Administrator * Dave Fenton · Joan Hernandez Jim Haggerton, Council President · Pamela Linder · Dennis Robertson Monday, May 10, 2004; 7 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included on COMMENT/ this agenda. To comment on an item listed on this agenda, please save CORRESPONDENCE your comments until the issue is presented for discussion. 3. SPECIAL ISSUES a. An ordinance adopting a Code of Ethics for City employees and officials. b. A resolution formally adopting Council travel policy guidelines. c. An ordinance authorizing right-of-way condemnation for South 144th Street (Military Road to Tukwila International Boulevard). d. An ordinance addressing parking and storage of vehicles on private property. e. Foster Golf Course emergency fuel tank removal and cleanup. 4. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURN TO SPECIAL MEETING -:° SPECIAL MEETING ·Ord #2044 · Res #1550 1. CALL TO ORDER / ROLL CALL 2. UNFINISHED Approve Foster Golf Course emergency fuel tank removal and BUSINESS cleanup (see item 3.e. above). 3. EXECUTIVE Potential Litigation - Pursuant to RCW 42.30.110(1)(i) (15 minutes). SESSION 4. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206-433-1800FFDD 206-248~2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. 1 COUNCIL AGENDA SYNOPSIS 10/ 1 l Initials- ITEM No. #*;0 I Meeting Date Prepared by 1 Mayor's review! Council review I i lll T f? I 5/10/04 RAB 1 sAAA% I (i g I 1 I I I a 1 1 I 1 ITEM INFORMATION CAS Number: 04-064 I Original Agenda Date: May 10, 2004 Agenda Item Title: Ordinance adopting a code of ethics for City employees I Original Sponsor: Council x Admin. I Timeline: Sponsor's Summary: Finance and Safety Committee has reviewed various policies from other cities and recommends adoption of the attached ordinance. Ordinance must be forwarded to employee bargaining units prior to final adoption. Recommendations: Adopt ordinance Sponsor: Committee: Administration: Cost Impact (if N/A known): Fund Source (if known) RECORD OF COUNCIL ACTION Meeting Date Action APPENDICES Meeting Date I Attachments f 0540-C4. I Proposed Ordinance Finance Safety Committee minutes from meeting of 5/3/04 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS FOR CITY EMPLOYEES AND OFFICIALS; PROVIDING FOR SEVERAEILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila wishes to provide uniform guidance to employees and officials on ethical issues; and WHEREAS, State Law prohibits certain conduct of City officials while serving the City; and WHEREAS, the City wishes to identify impermissible conduct of former employees; and 4 WHEREAS, the City desires to provide for uniform investigation and adjudication of ethics complaints; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Code of Ethics Adopted. A Code of Ethics for the City of Tukwila is hereby adopted to read as follows: h<; Chapter 295 CODE OF ETHICS 1`y Sections: 2.91010 Purpose 2.91020 Definitions 2.95.030 Prohibited conduct 2.95.040 Complaint process 2.95.050 Penalties for noncompliance 2.95. Where to seek review 2.95.070 Financial d'srlosure 2.95.010 Purpose A. It is the policy of the City of Tukwila to uphold, promote and demand the highest standards of ethics from all of its employees and officials, whether elected, appointed or hired. City officers and employees shall maintain the utmost standards of f personal integrity, truthfulness, honesty and fairness fn carrying out their public duties, avoid any improprieties in their roles as public servants, including the appearance of impropriety, and never use their City position or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.95 be liberally interpreted to accomplish its purpose of protecting the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of this Code of Ethics. In interpreting TMC Chapter 2.95, City officers and employees should be guided by common sense and practicality. This Code of Ethics is supplemental to state law, RCW 4223. J< 2.91020 Definitions The following words and phrases as used in TMC Chapter 2.95, unless the context clearly indicates otherwise, shall have the following meanings: Emil Cole 5/6/04 1 1. "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self employed individual, consultant, holding company, joint stock company, receivership, trust, or any legal entity organized ;fir for profit. 2. "City officer or employee" means every individual elected, appointed, hired, or otherwise selected to an office or position with the City, or any subdivision thereof, whether such individual is paid or unpaid. 3. "Compensation" means payment in any form, for real or personal property or services of any kind. "n`; 4. "Gift" means a voluntary transfer of real or personal property of any kind or ':1:� `f the voluntary rendition of services of any kind without consideration of equal or ;:f' greater value, but not including any reasonable hosting, including travel expenses, "J entertainment, meals, or refreshments furnished in connection with appearances, ti ceremonies, and occasions reasonably relating to official City business, where otherwise permitted by law. f 5. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his or her designee. 6. "Immediate family" shall mean spouses, dependents, anyone residing in the person's household, and anyone within the third degree of consanguinity of the person or the persons spouse, e.g., within three degrees of relationship by blood marriage. 7. "Person" means any individual or corporation, business or other entity, n tiirf: however constituted, organized or designated. 2.95.030 Prohibited conduct The following shall constitute violations of this Code of Ethics: 1 General Prohibition Against Conflicts of Interest. In order to avoid becoming >f,.. g g r ;;-s, involved or implicated in a conflict of interest or impropriety, or an appearance of Jt= conflict of interest or impropriety, no current City officer or employee should be involved in any activity that might be seen as conflicting with the conduct of official City business or as adverse to the interests of the City. Even the appearance of the conduct prohibited in 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics. V 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his or her capacity as a City officer or employee in the making of a contract in which he or she has a financial interest, direct or indirect. This shall include any contract for sale, lease or purchase with or for the use of the City, or the acceptance directly or indirectly of any compensation, gratuity or reward from any other person beneficially interested therein. Except that this prohibition shall not apply where the %r City officer or employee has only a remote interest in the contract, and where the fact ti and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith, by a vote of its membership c; sufficient for the purpose without counting the vote or votes of the officer(s) having the remote interest. For purposes of this section, a "remote interest" means: a. That of a non salaried officer of a nonprofit corporation; b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; c. That of a landlord or tenant of a contracting party; d. That of a holder of less than one percent of the shares of a corporation, a ":h limited liability company, or other entity that is a contracting party. %z 3. Beneficial Influence in Contract Selection Prohibited. No City officer or employee shall influence the City's selection of, or its conduct of business with, a Ethics Code 5/6/04 2 corporation, person or firm having or proposing to do business with the City, if the City officer or employee has a financial interest in or with the corporation, person or firm, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, as defined in the preceding section. 4. Representation of Private Person at City Proceeding Prohibited. No City officer or employee shall appear on behalf of a private person, other than himself or herself or an immediate family member, or except as a witness under subpoena, before any regulatory governmental agency or court of law in an action or proceeding to which the City or a City officer in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City. 5. Certain Private Employment Prohibited. No City officer or employee shall engage in or accept private employment from or render services for any private interest, when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. 6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in appearing before the City Council or when giving an official opinion before the City Council, shall have a financial interest in any legislation coming before the City Council or participate in discussion with or give an official opinion to the City Council, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted on the record of the Council or similar records of the City, prior to consideration of the legislation by the City Council. 7. Disdosure of Confidential Information Prohibited. No City officer or employee shall disclose or use any confidential, privileged or proprietary information, gained by reason of his or her official position, for a purpose which is for other than a City purpose; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public on request. 8. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his or her office or position to secure personal benefit, gain or profit, or use his or her position to secure special privileges or exceptions for himself or herself, or for the benefit, gain or profits of any other persons. 9. Improper Use of City Personnel Prohibited. No City officer or employee shall employ or use any person under the officer's or employee's official control or direction for the personal benefit, gain or profit of the officer or employee, or another. 10. Improper Use of City Property Prohibited. No City officer or employee shall use City owned vehicles, equipment, materials, money or property for personal. or private convenience or profit. Use is restricted to such services as are available to the public generally, for the authorized conduct of official business, and for such purposes and under such conditions as are approved by administrative order of the Mayor; provided, the use of a City vehicle by a City officer or employee participating in a carpooling program established by the City, and for a purpose authorized under such program, shall not be considered a violation of this section or of any other provision of sr? this chapter. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No City officer or employee may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward or gratuity, for a matter connected with or related to the officer's or employee's services with the City of Tukwila, except this prohibition shall not apply to a. Attendance of a City officer or employee at a hosted meal when it is provided fn conjunction with a meeting directly related to the conduct of City business, or where official attendance by the officer or employee as a City representative is appropriate; b. An award publicly presented in recognition of public service; or C?"- Ethics Code 5/6/04 3 .'1'•- 1 T c Any gift valued at $50.00 or less, which cannot reasonably be presumed to influence the vote, action or judgment of the officer or employee, or be considered as part of a reward for action or inaction 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former officer or employee shall disclose or use any privileged, confidential or proprietary information gained because of his or her City employment. b. Participation in City Matters Prohibited. No former officer or employee shall, during the period of one year after leaving City office or employment (1) Assist any person in matters involving the City if, while in the course of duty with the City, the former officer or employee was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter. (2) Represent any person as an advocate in any matter in which the former officer or employee was involved while a City officer or employee; or (3) Participate as or with a bidder, vendor or consultant in any I competitive selection process for a City contract, in which he or she assisted the City in determining the project or work to be done, or the process to be used c. Duty to Inform. Whenever a City officer or employee wishes to contract with a former City officer or employee for expert or consultant services within one year of the latter's leaving City service, advance notice shall be given to the Mayor about the proposed agreement. d. Exceptions. The prohibitions of TMC 2.95.030- 12.b(1) and (2) shall not apply to a former officer or employee acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the City. 2.91040 Complaint process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his or her designee(s): 1. Mayor; or 2. City Attorney. B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the Mayor. The Mayor shall promptly designate an individual to conduct an investigation of the complaint. However, if the complaint alleges that the Mayor violated this Code of Ethics, then the individual receiving the complaint has an obligation to promptly forward the complaint, in writing, to the City Attorney, who shall designate an individual to conduct an investigation D. The individual designated to conduct the investigation shall complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint was ..:.:.3 by the Mayor, unless an extension is granted in writing by the Mayor. A copy of the written investigation findings and condusions shall be provided to the Mayor. E. Within five business days of receipt of the investigator's written findings and conclusions, the Mayor shall prepare a written recommended disposition of the complaint. Copies of the recommended disposition and the investigation findings and conclusions shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies of the recommended disposition shall be forwarded to the investigator, the City Attorney or Ethics Code 5/6/04 4 .v.. the City Attorney's designee, and the person(s) responsible for acting on the recommended disposition. The recommended disposition shall not be implemented until the time for requesting a formal hearing, pursuant to TMC 2.95.040P, has lapsed and no such hearing has been requested. F. The party complained against may, within ten business days following the date of the recommended disposition finding a violation of this Code of Ethics, request in writing a formal hearing before the Hearing Examiner. G. Within 30 days after the conclusion of the hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, prepare findings of fact, conclusions of law, and his or her order. Copies of the Hearing Examiners findings, conclusions and order shall be forwarded by certified mail to the complaining party and the party complained against at their last known. addresses. Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order. 2.95.050 Penalties for noncompliance A. Any person found, by a preponderance of the evidence, to have violated any provision of this Code of Ethics may be subject to any combination of the following penalties: 1. A cease and desist order as to violations of this Code of Ethics; 2. An order to disclose any reports or other documents or information requested by the Mayor; 3. An order to pay to the City a civil penalty of up to $1,000.00; 4. Discipline, up to and including termination or removal from any position whether paid or unpaid, excluding elected positions, only after notice and hearing as provided by law. The pre disciplinary procedure set forth in the provisions of the Tukwila Municipal Code and applicable personnel policies shall be followed for permanent employees in the Classified City Service; 5. Exclusion from bidding on City contracts for a period of up to five years; and /or 6. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, only if such contract(s) provide for termination in the event of a Code of Ethics violation. 2.95.060 Where to seek review A. Cease and Desist Order. If ordered to cease and desist violating this Code. of Ethics, an affected party may seek review by writ of review front the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the form of a trial de novo in the Tukwila Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction (CRLJ) and applicable local rules of the Tukwila Municipal Court. This appeal shall be taken by filing in the Tukwila Municipal Court a notice of appeal within 14 days of the date of the final written order. The person filing the appeal shall also, within the same 14 days, serve a copy of the notice of appeal on the person who issued the final written order and the City Attorney, or his or her designee, and file an acknowledgment or affidavit of service in the Tukwila Municipal Court. D. Discipline or Removal. If an employee or officer is disciplined or removed from office, then the person disciplined or removed from office may seek whatever remedies may be available at law or in equity. Ethics Code 5/6/04 5 E. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the person excluded may seek whatever remedies exist at law or inequity. F. Termination of Contract(s). If termination of contract(s) is ordered, the person whose contract(s) was /were terminated may seek whatever remedies exist at law or in equip 2.95.070 Financial disclosure All persons presently required to file reports under the public disclosure law of the state of Washington shall, upon assuming any City office or position, file with the City Clerk a true and correct copy of the completed report required to be filed under State 3:1 fs law. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared H unconstitutional or otherwise invalid for any reason, or should any portion of this •rd:L: Ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this Ordinance or its f.;." application to other persons or circumstances. Section 3. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: f:. APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: j k Ethics Code 5/6/04 6 Finance and Safety CoYnmittee May 3, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Alan Doerschel, Rhonda Berry, Shelley Kerslake, Lucy Lauterbach 1. Increase in Petty Cash Fire Department The Fire Department has had a hard time maintaining their petty cash fi.om period to period. They requested increasing it fi.om $200 to $350. Recommend resolution to increase Fire Department fund to Regular Meeting. ~,~ 2. Ethics Policy As the City policy now in the Administrative Policy needs to be updated, the Committee talked about the process for updating it. A sample of Tacoma's policy was reviewed for its applicability to Tukwila. Other than changing the provisions that applied to their council- manager form of government and their Public Power and Light powers, the provisions looked like they would work well. The Committee talked about the form the ethics policy should take. It is currently part of the Administrative Policies, and as such is under the authority of the Mayor's office. If it is separated and made into an ordinance, it could be made part of the TMC. The Committee recommended this latter procedure. Recommend draft ordinance to COW. 3. Ending Fund Balance Alan talked about general City finances. Looking at the Attachment A 6 -Year Plan, Alan said the 2004 Beginning Fund Balance was a little higher than stated. However, the trend is still evident that the City spends about $1.2 million more each year than it gets in revenues. By 2009 the City may need to borrow money to cover city operations. Dennis pointed out the City has already spent over $1 million this year in unbudgeted funds (Tukwila · Village plus new positions in Public Works and DCD for Sound Transit work replacement). Alan said we usually have unbugeted items, but not at that level. Dennis pointed out the City is currently spending $200,000 on the bonds we've borrowed for projects, so we can't keep borrowing funds. Further, Alan said both pension and health cost increases could raise employee costs by nearly a million, which may make the City run out of money sooner than 2009. Alan talked of comparing projects that result in increased revenues for the City with projects that do not bring much, if any new revenues. The cost of the City improvements must be measured against not only quality of life improvements, but also against whether the new project will bring the City any revenues. Alan pointed out that the Six-Year Plan, fi.agile as it is now, does not plan for any of the projects that will'be discussed in the Priorities meeting, or any capital projects that cause increased spending other than what is now in the books. Dennis talked about the City cutting costs over six years to reduce or get rid of the $1 million unbudgeted spending that has traditionally happened. Finally, Alan said if either Tim Eyeman's current initiative (or any future initiative of his), or streamlined sales tax happens, Tukwila's budget would be reduced by further millions. Information only. Q COUNCILAGENDASYNOPSIS .................... ,~--- I~itials ....................... ~TEM NO. Meeting Date Prepared by Mayor's review!Council review 5.0/04 -,, ITEM INFORMATION CAS Number: 04-024 ~ Original Agenda Date: 2/23/04 Agenda ~tem ~tle: A Resolution Formally Adopting a Poli~ for Travel Expenses While On Ci~ Business. Odginal Sponsor; Oouncil x Admin. ~meline: Sponsors Summa~: ~e resolution includes the Council travel poli~ discussed previously, It will take effe~ in 2005 if approved. Recommendations: Sponsor: Recommend resolution for adoption. Committee: Finance and Safety recommended resolution 5/3/04 Administration: Same as sponsor Cost Impact (if known3: Fund Source (if known) RECORD OF COUNCIL ACTION Meeting Date Action 2/23/04 COW 4/12/04 cow 5/zo/o4 APPENDICES Meeting Date Attachments 4/12/04 Memo from Lauterbach dated 4/12/04 4/12/04 Proposed New Travel Policy 'Attachment C' 4/12/04 Current Travel Policy 'Attachment C' 5/10/04 Resolution adopting travel policy (ancl attachroents) 4 jy u A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FORMALLY ADOPTING A POLICY FOR TRAVEL EXPENSES WHILE ON CITY BUSINESS; APPROVING A CITY TRAVEL CREDIT CARD POLICY; APPROVING NEW COUNCIL TRAVEL GUIDELINES; AND AUTHORIZING ADMINISTRATIVE POLICIES TO BE INSTITUTED BY THE FINANCE DIRECTOR PER RCW 42.24. WHEREAS, Resolution 1443 adopted travel expenses section, credit card section, and Council Travel Guidelines in May 2000; and WHEREAS, the Council has reconsidered the Council Travel Guidelines and has determined to try a new approach to managing their travel decisions; and WHEREAS, finance regulations have been updated since Resolution 1443 was adopted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: ;:h Section 1. The attached Administrative Policy 03 -06, "Travel Expenses While on City Business" (Attachment A), is approved. Section 2. The attached Administrative Policy 03 -16, "Policy Guidelines for City Travel Card Usage" (Attachment B), is approved. Section 3. The "Council Travel Guidelines" (Attachment C) are hereby approved to take effect in January 2005. Section 4. All nominal charges such as the legal annual mileage rate will be made administratively. Any other changes must be approved by the Finance and Safety Committee. ``;ict% PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Jim Haggerton, Council President Jane E. Cantu, CMC, City Oerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council. Office of the City Attorney Resolution Number: COUNCIL TR4VELDOC s ATTA~ A POLICY AND PROCEDURE Subject: Index: TRAVEL EXPENSES WHILE ON CITY BUSINESS FINANCE Number: 03 -06 Effective Date: Supersedes: Page 1 of 3 I StaffConlact: I Date: Appr~v.ed by: 1/1/03 03-06, dtd. 10/l/00 Finance Director 10/z0/°2 1.0 PURPOSE: To establish policy guidelines on reimbursement for expenses while on City business. 2.0 DEPARTMENTS AFFECTED: All departments and divisions 3.0 REFERENCES: BARS Manual 1.3.3.D and RCW 42.24 Resolution No. 1443 4.0 POLICY: It is the policy of the City of Tukwila to reimburse employees for reasonable and necessary expenditures made while on official City business. Mileage will be reimbursed at a rate per mile; all ethel allowable expenses on an actual cost basis. All expenses must be itemized if applicable. Claims for reimbursement of travel expenses, other than mileage, shall be accompanied by invoices and/or receipts showing proof of payment. Where there is no receipt, an employee's supervisor must approve the expense. 4.1 Overnight Travel 4.1.1 Lodging. Hotel and motel expenses will be reimbursed upon completion of authorized travel and submittal of proper claim. A reasonable class of accommodation (single rate) shall be selected where choice is available. 4.1.2 Meals. Meal reimbursements for all authorized trips and/or training are to be itemized. Credit card receipts with no detail ofpurchasas are not acceptable. Reimbursement shall be made when an employee is attending an employer-approved business meeting, seminar, conference or training away f~om the employee's facility. Employees shall be reimbursed for the cost of the meals, including a reasonable tip (no more than 15% unless automatically billed by vendor), using the following guidelines: Breakfast ................................................ $12.00 Lunch ..................................................... $15.00 Dinner .................................................... $27.00 4.1.3 Mileage Allowance. Employees who use their personal vehicles on travel assignments will be allowed the IRS allowable rate per mile (the 2000 rate after January 1~ is 32.5 cents per mile). Each employee must have'liability insurance of not less than that required by current Washington State Law ($50,000/$100,000/$5,000) on his/her vehicle which is used on authorized City business, as well as proof of insurance. No reimbursement for mileage shall exceed the dollar mount of round trip air fare at the coach rate on a licensed common cartier, plus auto rental or ~ fare at point of destination. When two or more eml~loyees m-e attending the same seminar, convention, or meeting, carpooling'shall be practiced whenever possible. Actual speedometer reading fi.om City Hail to destination and return to City Hail will be used unless traveling directly fi'om home and then the lesser mileage will be used. If an employee, for.his or her own convenience, lravels by an indirect mute or interrupts travel by the most economicai route, the employee shail bear any extra expense involved. Reimbursement for such travel shall be for only that part of the expense as would have been necessary in order to lravel. 4.1.4 Out of State Travel (Except Elected Officials). Requires prior appmvai by the City Administrator in writing and a Training Attendance Request Form if applicable. 4.2 Locai Travel and Expenses 4.2.1 Local Mileage. No mileage will be paid for commuting fi.om an employee's personai residence to City Hall or a work station. 4.2.2 Locai Meals. Reimbursement for meals will be allowed only when the employee is attending a seminar or conference as a representative of the City for a specific purpose, or where the employee's attendance will directly benefit the City. Reimbursements will not be allowed for meetings which are of a sociai nature. The request for reimbursement ofloeai meals should include the f~llowing information: a. Date b. Place c. Meeting attended d. Specific reason for attendance 4.2.3 Parking fees will be reimbursed by actual cost and receipts shail be presented when possible. 4.2.4 Training Attendance Request forms, except for elected officials, need to accompany any purchase order form relating to a travel expense over $100.00 (i.e. reg/stration fee, airfare, hotel). 4.2.5 Any speciai circumstances for reimbursements that exceed the stated limits must be approved by the Finance Director prior to completion of "Claim for Expenses" form. 4.3 AdVance Travel'Revolving Fund: . .-' ' : '~° 4.2.5 Any special circumstances for reimbursements which exceed the stated limits must be / approved by a department head and/or the Fin. ance Director prior to completion of / "Claim for Expenses" form. · - 4.3 Advance Travel Kevolving Fund: The City to Tukwila maintains an Advance Travel Revolving Fund for the convenience of City employees whose necessary official travel might cause economic inconvenience. The Advance · Travel Kevolving Fund should be used solely for travel expenses. It should not be used for personal loans, purchase of akline tickets, registration fees, reimbursements to employees or officers for travel expenses already incurred, or for other travel or office expenses. Per BARS Manual Section 1.3.3.D. Requests for Advance Travel Fund expenses shall be made to the Finance Director or designee on the prescribed "Advance Travel Request" form, with out-of-state travel being approved also by the City Administrator. A copy of a Training Attendance Request form must be attached, except for elected officials. Upon approval, a check will be drawn on the Advance Travel Revolving Fund (no more than five working days) prior to departure of the authorized trip. Reconciliation of and/or repayment ofunexpended balance must be completed within five (5) working days after retuming to work. All legally expended items must be itemized on an "Advance Travel Claim for Expenses" form, accompanied by substantiating receipts and/or invoices. Until repair, failure to do so will make any employee receiving such advance personally liable for the full unpaid amount plus interest at the rate of 10% per annum. No advance of any kind shall be made to any employee who is delinquent in accounting for or repaying a prior advance. If an employee reimbursement is necessary, reimbursement will be handled by the Finance Department after the "Advance Travel Claim for Expenses' form is submitted. 4.4 Non-allowable expenses shall include, but are not limited to: a. Laundry, cleaning, or valet services (except on trips of four or more consecutive days). b. Tobacco. c. Alcoholic beverages. d. Entertainment, including in-room video rentals. e.. Personal telephone calls or telegrams (except when on extended trips of three or more days). Calls on extended ~ps are limited to two, and the total enst shall not exceed $15.00. f. First class travel accommodations when economy or coach class are available. g. Meals and lodging in lieu of other meals and/or lodging when these items are included in the registration fee. h. Fines, forfeitures or penalties. i. Expenses of a spouse. ' j. Travel insurance. k. Ali other personal services such as barber, etc. AT~A(/-~EN~f B POLICY AND:PROCEDURE Subject: Index: CITY TRAVEL CREDIT CARDS FINANCE Number: 03-16 Effective Date: Supersedes: Page 1 of 2 Staff Contact: [ Approved by: 5/15/00 N/A Finance Director 1.0 PURPOSE: To establish policy guidelines for City Travel Card usage per RCW 42.24. 2.0 ORGANIZATIONS AFFECTED: All departraents and divisions 3.0 REFERENCES: Resolution No.. Finance Policy 03-06 KCW' 42.24 4.0 POLICY: 4.1 Credit cards are to be used for authorized City travel expenses. Each credit card will be issued in both the individual's and the City of Tukwila's name. Only the individual on each card can sign for the City. Credit card issuance is limited to elected officials and administrative personnel as approved by the City Administrator. 4.2 Billing/Keceipts All billing statements will come to the City's Finance Depaztment for processing. Credit card holders will submit copies of all charges, along with the budget account number that the expense is to be charged against, to Finance with ten (10) days after travel is completed. The receipts will be verified against the statements by Finance. 4.3 ~P~'nitted Uses : a. Lodging costs b. Meals c. Transportation d. Registration e. Other related expenses 4.4 Non-Allowable Costs a. Personal expenses b. Spouse expenses c. Alcoholic beverages d. Non-travel related expenses e. Cash advances 4.5 Prior to receiving a credit card, an acknowledgment of receipt of the Credit Card Policy will be required. 4.6 See also Finance Policy 03-06 for relevant Iravel policies. (ATTACHiViENT A Travel Expenses While on City Business) 4.7 Auy illegal use of the travel credit card can result in a lien ag~{,~t salary) if necessary, to recover the disallowed charges. ATTACHMENT' C Proposed Council Travel Guidelines I. Statement of Policy The Tukwila City Council encourages Council members to be actively involved in city, county, state, regional, and national organizations that affect Tukwila, its residents, and its businesses. II. Decisions About Travel It is the responsibility of the entire Council to approve the travel budget. It is the responsibility of individual Council members to decide upon their own travel with their travel allotment. III. Purposes for Travel A. Education B. Lobbying C. Professional responsibility, e.g., policy boards, offices, and committees D. Public relations, i.e., representing the City E. Fostering better relations with local, state, federal and sister city officials IV. Travel Budgets A. Budgets for Council travel will be set in the fall prior to the year the travel is to Occur. B. Estimates of who shall travel in the next year will be made at budget time the preceding year in order to set an adequate budget, which shall serve as a guide in allocating travel for the following year. C. The Council will consider the City's financial situation in setting their annual travel budget. V. Council Travel Decisions A. Beginning each year, after funds for local meetings, the Council retreat, and meals are subtracted, each Council member will be allotted an equal share of the remaining Council travel budget for State, National and Sister City travel. That share shall be available to that Council member for use in travel expenses throughout the year. B. Each Council member will prepare a travel plan at the beginning of the budget year showing planned travel and expected associated costs. Dates and locations of known state and national conferences will be supplied as soon as they are known. C. Any Council member's funds that are not ~sed for travel in that year will be returned to the shared travel fund 'which can then be used by other Council members. 1. Council members desiring to use shared travel funds will prepare a Request for Travel Form highlighting the benefits to the City. 2. The Council President will prioritize the requests to the Council. The City Council will make the final decision on use of the funds. 3. After all Request for Travel forms are received by the Council President and no shared funds remain, travel requests will be denied unless additional funds are budgeted. 4. If an opportunity for a conference or training arises mid year after travel funds are expended or planned for, the City Council will decide if the benefit to the City is high enough to warrant the additional travel expense. D. Upon returning from a class or conference, Council members will prepare a written report to be distributed to the Council. If more than one Council member attends, a consolidated report may be presented. E. Sister City Travel 1. Sister City travel will not be budgeted separately and will be part of each Council member's travel allocation. 2. Funding for travel to a sister city will be planned in the budget for the year in which the travel will take place. 3. Travel to a sister city will not preclude travel to a national conference if costs are taken from the Council member's travel budget or central shared funds. 4. The City will pay for basic travel on a sister city trip, including the transportation, lodging, and meals included in the basic price for the trip. All other expenses will be borne by the City Council member. VI. Tr~ivel Expenses A. The City will pay for airfare, registration, hotel, and meals when a Council member is on official travel. B. When a spouse or non-City person accompanies the Council member on travel, his/her expenses will be separately paid in full by that person, and the City will not assume any extra costs for that companion. The difference between the cost of a single and double room incurred when a spouse accompanies the Council member is the responsibility of the Council member, and will be paid at the time of the hotel stay. C. A record of expenses for lodging, meals, transportation, and incidental expenses should be kept on a daily basis, with receipts attached to the record. An itemized bill should be kept for meals, especially when several persons' costs are included. D. A detailed bill or other itemization of the cost should accompany a city credit card receipt. The credit card should not be used for any non-city expenses, such as spouse meals or lodging. VII. Travel Arrangements A. City COuncil travel should be processed through the Legislative Analyst, who will coordinate with the entire Council. The Legislative Analyst can make arrangements for travel, if desired, and copies given to the member who will travel. B. Efforts will be made to secure the best cost for airline travel and lodgings in the designated travel city by planning ahead, and by taking advantage of any discounts available. C. Council members can get travel advancements by completing the required forms in a timely manner. VIII. Miscellaneous A. When a City vehicle is available, it should be used for intra-state travel. B. If a CounCil member uses his or her personal vehicle, mileage will be reimbursed according to Internal Revenue Service rules. COUNCIL AGENDA SYNOPSIS y 0{ 4.61` St t Fis G7 Initials ITEM NO. 1 Meeting Date 1 Prepared by 1 Mayoras review Council review I 05/10/04 1 CK sew 1 i. 7 -1 I h' I i V I` I I C 1 908 I I I I I I I I I I ITEM INFORMATION CAS Number: 04-065 I Original Agenda Date: May 10, 2004 Agenda Item Title: Ordinance Authorizing Right -of -Way Condemnation for S 144 Street (Military Rd to Tukwila International Boulevard) Original Sponsor: Council Admin. Public Works Timeline: Sponsor's Summary: Right -of -Way is required to construct the planned S 144th Street Improvements. Acquisition will be negotiated with the property owners. In the event that negotiations fail, condemnation will be required. Project time constraints necessitate that authorization to proceed with condemnation be given by ordinance as soon as possible. Recommendations: Sponsor: Adopt Ordinance for Condemnation of Right -of -Way along S 144'" Street. Committee: Forward to COW and then on to Regular for adoption of ordinance. Administration: Same as Sponsor. Cost Impact (if known): Fund Source (if known): 104 Streets (pg. 412004 CIP) Meeting Date 1 Action 05/10/04 I 1 1 1 sue. a q 5"J 3 9f'��x F n,�^v e. -Y"v 9��FW f �'��f�"rt�:yA t t ry n Ft*£r .mot Via' ,.nv.�r:a 3;: +�'n.V aN..isd,a,: s. .4`i _e [.�IiL7 �,r'i _..dulti r .a �Fe6 e °.s`�.�, :.5.er (1 Meeting Date I Attachments 05/10/04 Information Memo dated April 22, 2004 Ordinance with Exhibits A B Transportation Committee Meeting Minutes from April 26, 2004 1 INFORMATION MEMO To: Mayor Mullet From: Public Works Directo~ Date: April 22, 2004 Subject: South 144~h Street Imnrovements (Military Rd to TIB) Right-of-Way/Condemnation Ordinance Project No. 95-RS01 ISSUE Prepare for actions that may be necessary for the City to secure right-of-way and easements for the South 144z Street Improvements project in order to advertise for construction bids by mid July 2o04 BACKGROUND Final design for the South 144~ Street project is f'mished except for underground power, which is currently being coordinated with Seattle City Light and KPG, Inc. Right-of-way is needed along S 144~ St in order to construct the proposed improvements. The project is scheduled for advertisement in mid July of this year, which allows the City to obligate the TIB grant for construction funds before the end of summer. tOW Required by Parcel Existing Land ROW Parcel No. Address Owner Zoning Use Required (SF) South side of S 144t1~ St (west to east) 0040000015 14404 Military Rd S Mitchell, William & Kimberly NCC SF 684 )040000019 14403 34th Ave S Peterson, Loraine M NCC SF 403 ~)040000085 14406 34th Ave S Striker, Gregory W & Patti J MDR SF 584 ;)040000086 3417 S 144th St Sangoeun, Mam & Sim Sophom MDR SF 262 :)040000088 3421 S 144th St Cagle, Ruth Z MDR SF 228 3040000115 3725 S 144th St Peadman Associates - Northwest NCC Larry's Market 3460 3040000136 14413 Tukwila Intl Blvd Paras, Inc. Tosco Marketing Co DC 17 NCC Gas Station 405 No~th side of S 144th St (west to east) 1523049165 14254 37th Ave S Roldan, Marlo HDR MF 21 1523040~85 Cascade View Park City of Tukwila Park 1483 1523049140 3716 S 144th St Livengood, Lynn H NCC True Value 2089 1523049088 McKinney Family Partnership NCC Mixed Retail 1641 1523049295 3742 S 144th St Larry's Markets Inc NCC Mixed Retail 1493 The negotiations with the property owners will begin shortly. At this time, an alternate method of determining land value is being considered by staff. An average price per square foot per land-use type, based on current King County assessed valuations will be offered to property owners during initial negotiations. This method has worked successfully, and Mayor Mullet Page 2 April 22, 2004 quickly, in the past for other jurisdictions. It is critical for the project that negotiations are completed in a timely fashion. If negotiations fail, condemnation proceedings will be necessary to obtain the properties needed. Condemnation must be authorized by the Council and can be a lengthy process. ANALYSIS Due to the current schedule's time limitation for property acquisition, it is recommended to begin condemnation proceedings as soon as possible for all properties identified as being a "take" for construction of the project. Condemnation would then be under way for any properties unable to be acquired through the negotiation process. Then, as successful negotiations and acquisitions occur, those properties would be removed from the condemnation process. It is felt that this is the most expedient way to ensure certification of right-of-way given the current schedule. A draft condemnation ordinance has been prepared for the subject properties. The plan exhibit is attached and the legal description exhibits will be attached to the final version. RECOMMENDATION Take draft document to the Transportation Committee and COW for review and discussion. Forward the condemnation ordinance to the City Council for adoption. attachments 1 fa AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND FOR THE PURPOSE OF CONSTRUCTING THE SOUTH 144Th STREET ROAD IMPROVEMENTS; PROVIDING FOR CONDEMNATION, APPROPRIATION AND TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFORE; PROVIDING FOR THE COST THEREOF; DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR THE CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council, on December 15, 2003 by Ordinance No 2036, did adopt the year 2004 City budget and did provide therein for a transportation program that included funding for South 144th Street Improvements; and WHEREAS, the Capital Improvement Program provides for the acquisition of land and property for improvement of South 144th Street and WHEREAS, the City of Tukwila Capital Improvement Program provides for the City's roadway reconstruction and safety improvements, which coordinates road projects with other elements of the larger transportation system, abutting land uses and business, industry, government, and residential processes; and WHEREAS, the City needs to acquire the property and property rights necessary to facilitate reconstruction of the widened road with curb, gutter and sidewalk within the time constraints set forth by outside funding sources; and WHEREAS, the City Council finds that public health, safety, necessity, and convenience demand that South 144th Street be improved within the City of Tukwila, in accordance with the Capital Improvement Program, and that certain properties, property rights, and rights in property be condemned, appropriated, taken, and damaged for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, the City is authorized by RCW 35A.64.200 and RCW Chapter 8.12 to initiate eminent domain proceedings for the condemnation of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,. WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council has deemed it necessary and in the best interest of the citizens of Tukwila that the lands described in the attached "Exhibit A" and shown in "Exhibit B," and other property rights, and or rights in property be condemned, appropriated, taken, and damaged for the purpose of extended reconstruction of the widened road. The project will include curb, gutter, sidewalks, landscaping, illumination, drainage, channelization, and related improvements. The project will require significant reconstruction of the roadway as well as relocation /reconstruction of utilities, subject to the making or paying of just compensation to the owners herein in the manner provided by law. Section 2. Compensation shall be made for the land taken and damaged. The costs and expenses for acquiring all interests and rights in said property shall be paid for from the City's Arterial Street 104 Fund. fi -1 Condemnation 5/7/04 Section 3. Condemnation proceedings are hereby authorized to acquire property and property rights and or rights in property, together with the right to construct and maintain slopes for cuts and fills on certain abutting properties described in the attached "Exhibit A" and shown in "Exhibit B" for the purpose of the subject road improvements. Section 4. The attorneys for the City of Tukwila are hereby authorized and is?:rt directed to begin to prosecute the proceedings provided by law to condemn, take and appropriate the land and other property, and property rights necessary to carry out the provisions of this ordinance. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or t 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 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, days ty, and shall take effect and be in full force five da 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 2004. ATTEST /AUTHENTICATED: Steven M. Mullet Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: ;'t APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: k Office of the City Attorney Ordinance Number: Attachments: Exhibit A Index and Legal Descriptions Exhibit 13 Roadway Improvements _2_ Condemnation 5/7/04 N0213'57'E 160' -v D T 20' z 0 N N8T35'33 "w 184.27' — — --/' Larry's Markets Inc 1523049295 3742 S 144th St PORTION OF SE q, SW a SECTION 15, TWN. 23 N, R. 4 E, W.M. PARCEL NO. 1523049295 502'14'27 "W S69'46'40 "E 5.00' 0= 7211'07" R= 18.00' L= 22.68' 587'35'33 "E 127.30' 0, 24, 65. N2pYJ7� Ja.,� 1111D--411E-111•— 141.62' AF #9512140574 -408 587'35'33 "E S. 144TH STREET - PAC /{yc Horn, fl 0 0 15 30 60 SCALE: 1n =30' CITY OF TUKWILA S.144TH STREET RIGHT -OF -WAY ®© °Andrews G rou p. Ltd. 914 140TH AVENUE NC SUITE 100 BELLEVUE, WASHINGILN 98005 025)375 -9407 Copyright© 2004 The McAndrews Group Id. S8735'33 "E S. 144TH STREET Iw 10.00' AF X9510190955 p a =27 35'13" I/ 1'PO� .y.....:. a. 3 ,.4-<"r.�.. ^as s•. �a 587:15'33 'E 152.87' 501'05'15 "W 2.50' 585'00'09 "E 1249' I PORTIONS OF LOTS 11 & 12, BLOCK 2 ADAMS HOME TRACTS PARCEL NO. 0040000136 '0 15 30 SCALE: 1 " =30' Paras, Inc. Tosco Marketing Co. 0040000136 14413 Tukwila Intl Blvd EXPIRES 05/26/05 CITY OF TUKWILA S. 144TH STREET RIGHT -OF -WAY P08 ®© °Andrews G rou p. Ltd- 914 140TH AVM( NE SUITE 100 BELLEVUE. WASHINGTON 98005 (425)378 -9407 Copyright© 2004 The *Andrews Group. Ltd. IG rou p. Ltd. 914 140TH AVENUE AE SUITE T00 I BELLEVUE. WASHINGTON 9805 I (425)378 -9407 Copyright@ 2004 The NC +dyers Group. Ltd. Pearlman Associates - Northwest 0040000115 3725 S 144th St O O c 0 0 0 0 ❑0l 05'15'E 20.00' cn c �-0 > v ■V m w u • 74' oRP O V O U bo q� N 71 r- PACIl NON 4� ------c----,- 2 A� • _ rS: pN _ I i = T °cn jm L \ Ji WESTERLY LINE OF THE EASTERLY 25.00 FEET OF SW I. SW SEC. 15, TWN. 23 N., R. E., W.M. f— 4U_UU' CITY OF TUKWILA CASCADE VIEW PARK °l LOTA SOUTH 10.00' p= 63'24'19" R= 28.00' L= 30.99' 204.00' 25' 25' 2 a x 50' Livengood, Lynn H 1523049140 3716 S 144th St PARCEL NO. 1523049140 40.00 SE COR. OF SW }, SW } SEC. 15, TWN. 23 N., R. E., W.M. 2089 SF City of Tukwila 1523040185 Cascade View Park 0 15 30 SCALE: 1 " =30' CITY OF TUKWILA S. 144TH STREET RIGHT -OF -WAY 60 TPOB S 1441H STREET 229.00' SW COR. SE }, SW j SEC. 15, TWN 23 N., R.4c -. ,W.M. EXPIRES A 0 20 40 SCALE: 1 " =40' pETA1( N.T.S. 80 ®©°Andrews Group. Ltd. 914 140TH AVENUE NE SUITE 100 BELLEVUE. WASHINGTON 98005 (425)378 -9407 Copyrignl0 2004 The McAndrews Group. Ltd. CITY OF TUKWILA S. 144TH STREET RIGHT -OF -WAY EXPIRES 91STE' L LP ®©°Andrews Croup. L 914 140TH AVENUE NE SUITE 100 BELLEVUE. WASHINGTON 98005 (425)378 -9407 Copyright© 2004 The McAndrews Group, Ltd. S 144TH STREET N [NORTH 5.50 L 3l' NORTH 3.50'I 17.15 262 SF W. 65.15' OF E. 130.3' LOT 4, BLOCK 2 ADAMS HOME TRACTS PARCEL NO. 0040000086 CITY OF TUKWILA S. 144TH STREET RIGHT -OF -WAY 0 15 30 SCALE: 1 " =30' 60 Sangoeun, Mam & Sim Sophorn 0040000086 3417 S 144th St msµ. wIS O�' of WAS I r EXPIRES /NC' :/ N/ 16933 ANLSL* 05/26/05 ®©`Andrews G rou p. Ltd. 914 14008 AVENUE NE SUITE 100 BELLEVUE. WASHINGTON 98005 (415)378 -9407 copyright© 1004 The Mdnd,ews Group, Ltd. S 144TH STREET — � N L228 SF NMI71 J.50* E 65.15' OF LOT 4, BLOCK 2 ADAMS HOME TRACTS PARCEL NO. 0040000088 CITY OF TUKWILA S. 144TH STREET RIGHT -OF -WAY 0 10 SCALE: 1 " =20' 20 Cagle, Ruth Z 0040000088 3421 S 144th St W. WILD oO W4S8/47.2 P 693 GISTE S� 'EXPIRES 05/26/05 I./ Andrews 0 rou p. Ltd. 914 14018 AVENUE NE SUITE 100 BELLEVUE, WASHINGTON 98005 (425)378 -9407 Copyright© 1004 The *Andrews Group, LIO. • 9' ?rP` 584 SF S 144TH STREET N. z LOT 4, BLOCK 2 ADAMS HOME TRACTS - PARCEL NO. 0040000085 Striker, Gregory W & Patti J 0040000085 14406 34th Ave S 0 10 20 40 SCALE: 1 " =20' CITY OF TUKWILA 5.144TH STREET RIGHT -OF -WAY EXPIRES 05/26/06 ®p °Andrews G rou p, Ltd. 914 140TH AVENUE NE SUITE 100 BELLEVUE, WASNINGTPV 99005 (425)378 -9407 Copyright© 1004 The McAndrews Group, Ltd. Roldan, Mario 1523049165 14254 37th Ave S PARCEL NO.1523049165 144TH STREET 0 10 20 SCALE: 1 " =20' CITY OF TUKWILA 5.144TH STREET RIGHT -OF -WAY 40 ®p °Andrews G rou p. Ltd. 914 140111 AVENUE NE SUITE 100 BELLEVUE, WASHINGTON 98005 (415)378 -9407 Copyright® 2004 The McAndrews Group, Ltd. N N P08 30.00' 0 EXPIRES 05/26/05 CITY OF TUKWILA S. 144TH STREET RIGHT -OF -WAY S 144TH STREET NORTH 3.50' 684.00 SF PORTION LOT 3, BLOCK 1 ADAMS HOME TRACTS PARCEL NO. 0040000015 Mitchell, William 8 Kimberly 0040000015 14404 Military Rd S 0 10 20 SCALE: 1 " =20' ®©`Andrews G rou p. Ltd. 914 1401H AVEMK NE SUITE 100 BELLEVUE. WASHINGTLW 98005 (425)378 -9407 Copyright© 2004 The *Andrews Group. Ltd. 40 NORTH 3.50' 403 SF S 144TH STREET E. 115' OF THE N. 70' LOT 3, BLOCK 1 ADAMS HOME TRACTS PARCEL NO. 0040000019 Peterson, Loraine M 0040000019 14403 34th Ave S 0 10 20 SCALE: 1 " =20' CITY OF TUKWILA S. 144TH STREET RIGHT -OF -WAY 40 ®M • n • rews Group, Ltd. 911140TH AVENGE M SUITE 100 BCLLEWC. WASHINGTON 98005 (425)378 -9407 Copyright© 2004 The McAndrews Group. Lid. Livengood, Lynn H 1523049140 3716 S 144th St True Value Hardware McKinney Family Partnership 1523049088 addresses vary for businesses Larry's Markets Inc 1523049295 3742 S 144th St it 1 — p Via. ,...� �:�.� ,erg _ � �.:�_ Baia' — ER s s.. i Z . , sleety - a- ,.r...—a......,ac ... a 1 I I I I II Bus shelter Larry's Market Pearlman Associates - Northwest 0040000115 3725 S 144th St 76 Station Paras, Inc. Tosco Marketing Co. 0040000136 14413 Tukwila Intl Blvd >,' DEWE WORKS S. 144TH STREET ROADWAY IMPROVEMENTS DEPARTMENT SCALE:I' =40' NOVEMBER 2003 • 4mE a :n ..t. • CIVIt ENoNEEPNG • 1 City of Tukwila 1523040185 Cascade View Park The Samara Apts. r �a�'� m:�'2,d ISTS c" '✓ Fv7 :'F'9. v. '$ onagoi area �.am:. nwnm . - -- EMI' _--■itkascsurnerriimrim ---a °S-4MAPICalEr 1 .nxU 2213 tutnt•n•12; L 0 0 rn E in E N L C 0 d D O r 0 0o c 0 r in On N N U 3421 S 144th St t 1Inann:l.2.n2 5146thSa 31 , I 32 Bus shelter. CD- _gipp ... _ s 11111�III!! r .®S�IMInt. 5�� ®�iT mint Igr A9��s®� .' ns fo ;jam.. Riverton View Apts. Colonial Garden Apts. H 07 22 Twt\Lane Alternative • 2,„ *atillftlit tie • 5 144th SC 23 nnl, n„i, 25 W' USK - a w Gateway sign Mitchell, William & Kimberly 0040000015 14404 Military Rd S Tom Lane Alternative I \ _ .Rae® -_r y Peterson, Loraine M 0040000019 14403 34th Ave S 2 23 - 24 It''' $144th SL Le tiorrite MIME Fp. Gateway sign tlsslI /' —_gip _ 0 Ce p II 1/ Roldan, Mario 1523049165 14254 37th Ave S • �r�iRiln :r =��r � a��s/4 _ X+�sa�'s. Aiaea LV� z®SI104.W.snnaW 1.. n...n,n 27 1 n Striker, Gregory W & Patti J 0040000085 14406 34th Ave S 0i L 0. 0 in on m L C 0 c o N 0 0 0 mpg 0)079 td Transportation Committee April 26, 200'4 Present: Joan Hernandez, Chair; Pam Carter, Joe Duffle Jim Morrow, Cyndy Knighton, Ryan Larson, Brian Shelton, Bob Giberson, Frank Iriarte, Lucy Lauterbach 1, Sound Transit Light Rail Brian gave a very general report on some of the issues he is dealing with on Sound Transit. One issue is the columns that will be used to construct the rail line, and how much space they may take up on Tnkwila International Boulevard. Brian showed three pictures of how the system might look. They will build it by bringing in sections of column and track to install one at a time. The committee members asked if the columns would be graffiti-proofed. Brian said they'll make it easy to remove graffiti. Information. 2. Transportation Concurrency and Impact Mitigation Ordinance Because a recent lawsuit pointed out the need to update Tukwila's concurrency and mitigation ordinance, Cyndy worked to clean up the old ordinance and apply generally the same methodology as before, with some updated numbers. Jim M said it's important to get agreement on a reasonable cost/trip. The first draft presented to the Committee had cost/trip too high for the comfort of the members. They are now proposing a table with the highest cost/trip under $2,500. The City would pay half of the cost of the projects, and that amount would not include grants, which are taken out before the City and developer costs are figured out. It's not clear how the City will fund the projects, though they are in the 6 Year Plan. The paybacks business make will come to the City much later than the projects that are being planned and will be built. Cyndy reiterated that only trips that are an increase over current trips are counted for mitigation. Pam C had some comments about clarifications needed in the ordinance. The Committee understood that this version of traffic concurrency is only to be us.ed until a more thorough study of what can be used, is done next year. Recommend ordinance to Regular Meeting. 3. S. 144th Street Improvements Plans are ready for construction ofS. 144th Street improvements to agrbegin this summer. One of the things that has helped past street projects is a blanket condemnation used when street right of way (ROW) is needed from adjacent property owners. A list of tWelve properties with needed right of way was Provided, and Cyndy pointed out on a large map where the parcels are cared Jim M said this has worked well in the past, removing names off the list as they reach cement with the City. Only one property on both S. 180th and on TIB were needed after all the negotiations were done. The Committee asked if the Samara needed to give ROW, and Cyndy said they did not. Recommend Ordinance to COW and Reeular Meetiml. 4. TIB Phase I and Ribbon Cutting Ceremony If all goes well, City Light will have undergrounded Phase I of TIB by late winter, 2005. A month later all the sidewalk completions and finishing work will be done. However, some thought it would be good to have a ribbon cutting ceremony before the formal completion of this phase. There were a lot of people who helped turn the highway over to the City, and who helped secure funding for its improvement. The highway is being paved this week. Some of the organizations and people who've helped include Senators Patty Murray, Mafia Cantwell, and Margarita Prentice; Congressman Adam Smith; as well as STP, TIB, WSDOT, Safety, and SGI who is donating street trees. August was mentioned as a possible date. Information. 5. First Quarter Reports The Committee members had reviewed the reports and commented on a couple of items, but did not have questions. Information. ~ . Committee chair approval COUNCIL GENDA SYNOPSIS ........................ Initials ......................... Meeting Date Prepared ~ Mayor's review Council review CAS Number: 04-066 Original Agenda Date: May 10, 2004 Agenda Item Title: Proposed adoption of an Ordinance addressing parking and storage of vehicles on private property. Original Sponsor: Council Adrnin. DCD Timeline: Sponsor's Summary: The proposed new Ordinance will limit parking on private property to an approved durable, uniform surface; addresses parking of recreational vehicles, and specifies the size of the parking surface. Recommendations: Sponsor: For discussion Committee: CAP has recommended further discussion by Council. Administration: Same as Sponsor Cost Impact (if known): None Fund Source (if known): Quicker method of recovery costs of abatement. Meeting Date Action 5/10/04 Meeting Date Attachments 5/10/04 5/5/04 Memo f~om Jack Pace Matrix comparison of neighboring cities'parking ordinances Proposed draft Ordinance April 13, 2004 Community and Parks Committee Minutes Department of ComrauntO/ Degelopment Steve Lancaster, Director MEMORANDUM TO: Mayor Steve Mullett FROM: Jack Pace, DCD Deputy Director ~ SUB J: Proposed Adoption of an Ordinane8 Addressing Parking and Storage of Vehicles on Private Property DATE: May 5, 2004 Code Enforcement receives a large volume of inquiries and complaints regarding vehicles on private property. These inquiries are not limited to junk vehicles, but may include questions about the number of cars allowed in residential areas,and where those vehicles may be stored. Our current ordinances do not limit either the number of vehicles or the storage of them on private property. A study was conducted to review and compare Tukwila's current practices and those of neighboring cities regarding this issue. A matrix outlining these comparisons is attached (Exhibit A). Synopsis of Proposed New Ordinance · Limit parking on private property to an approved durable uniform surface, as determined by Tukwila's Public Works Department. These could include paved driveways, grasscrete, or perhaps gravel surfaces. · Limits parking in the front or side-yard setbacks to driveways providing access to an approved parking location (garage or carport, for instance). This essentially prohibits parking on the front lawn. · Specifies that RVs, boats, and other recreational vehicles must be parked on the driveway if in the front yard. RVs, etc. may be parked in the side or rear yard setbacks provided that the area is served by an approved driveway and the parking of such vehicles does not prevent access by emergency responders to all sides of the structure. · Specifies a maximum size of the parking surface (1200 square feet OR 10% of the property's surface, whichever is greater). · Specifies that no more than 50% &the front yard or 800 square feet, whichever is smaller can be "approved durable uniform surface". · Aligns Tukwila more closely with our neighboring cities. (Attachment A) 6300 Southcenter Boulevard, Sulte #100 · Tukwila, Washington 98188 o Phone: 206-431-3670 · Fax: 206-431-366~ Parking and Storage of Vehicles May 5, 2004 Page 2 Recommendation On April 13, 2004 the Community Affairs and Parks Committee reviewed the proposal but did not reach consensus regarding adoption of this new ordinance. It was recommended that this item be referred to the Council for review and further discussion. A copy of the draft Ordinance is attached. (Attachment B). Council may want to consider setting an implementation date of July 1, 2005 in order to provide an adequate period for communication and education. Jurisdiction Regulate Parking on Residential Property? Require Improved Surface? Parking permitted in Comments landscape or setback areas? Federal Way Yes Yes. No. Vehicles are permitted Requires all vehicles to park in a "approved to park in the front or rear garage, carport or on an approved impervious yards only on a driveway or impervious surface with direct surface" parking pad. driveway access. (Does not apply to dwelling units on lots larger than 20,000 square feet.) The driveway may not exceed 20 feet in width and not closer than 5 feet to side property lines, with exceptions for certain conditions. Inoperable vehicles must be stored in a completely enclosed building. Regulations have been in place for several years. Kent Not Requires that Could find no prohibition specifically the first 20 feet of the driveway to be paved. against parking in setbacks Attachment A Jurisdiction Regulate Parking on Residential Property? Require Improved Surface? Parking permitted in landscape or setback areas? Comments Burien Yes Yes. Approved impervious surface is compacted gravel or concrete. Yes No setback or screening requirements, except that inoperable vehicles must be screened from public view. Amount of impervious surface is limited depending on the size of the lot. Driveways cannot exceed 20 feet in width with some exceptions. Renton Yes. No Not addressed specifically. Maximum of 4 vehicles may be parked on a single - family residential lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Specifically prohibits automobile repair or service of any kind (except for emergencies) on any such parking surface. Driveways may not exceed 20 feet in width. Jurisdiction Regulate Parking on Residential Property? Require Improved Surface? Parking permitted in landscape or setback areas? Comments SeaTac Yes Yes No. Tukwila's proposal based mostly on SeaTac's. Concrete, two Other than the areas inches of improved for parking, the Parking is permitted in side and blacktop, or front yard setback must be within 5 feet of rear property line. compacted gravel landscaped. Screening of this is required if requested by adjacent property owners. Standards apply to new and existing properties. Vehicles must park on an approved surface. Restricts size of parking surface to 1200 square feet or 10% of lot surface. No more than 50% of the front yard (maximum 800 square feet) can be paved. Mukilteo Yes No Junk or nuisance vehicles may not be parked in the front yard area but are. permitted in side or backyard area if completely screened by fence or hedge. Distinction made between "junk" vehicle and "nuisance" vehicle. Junk vehicles meet RCW requirements. Nuisance vehicles also include unlicensed vehicles. Jurisdiction Regulate Parking on Residential Property? Require Improved Surface? Parking permitted in landscape or setback areas? Comments Bellingham Yes Yes No Parking is prohibited within the area designated as a Minimum Front Yard or Side Yard in a residentially zoned area. Parking is permitted on a designated driveway. Driveway is defined as the surfaced roadway leading from the street to the garage, covered parking area, or other permitted off - street parking area. Redmond Yes No. Parking only permitted on driveways in front setback areas. Regulates parking of RV's: • must not obstruct sight visibility from adjacent • driveways; • must be operation and well - maintained; • may be occupied temporarily not to exceed 30 days per calendar year; • must be screened if parked in side or rear • lists priority of parking locations s tY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING REGULATIONS FOR VEHICLE PARKING AND STORAGE ON PRIVATE PROPERTY; PROVIDING FOR 1 SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, parking or storage of vehicles on lawns or other inappropriate areas of private property can diminish the value and desirability of neighboring properties and diminishes the aesthetic qualities of Tukwila's neighborhoods; and WHEREAS, appropriate parking areas for recreational vehicles would ensure accessibility to all sides of a structure for emergency responders' equipment and vehicles; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regulations Adopted. Regulations for vehicle parking and storage on private property are hereby adopted, to read as follows: CHAPTER 8.25 VEHICLE STORAGE AND PARKING ON PRIVATE PROPERTY Sections: 8.25.010 Definitions 4` 8.25.020 g Parkin Limitations 825.010 Definitions. "Approved Durable Uniform Surface" is a durable uniform surface approved for the storage of vehicles by the City of Tukwila's Public Works Department 8.25.020 Parking Limitations. A. Motor vehicles on private property shall be parked on an Approved Durable N r; Uniform Surface. Motor vehicles, other than those specified in TMC 8.25.020 B, shall not be parked in setbacks except in front yard or side street setbacks when in a driveway that provides access to an approved parking location and is in conformance with TMC Title 18, as that title currently exists or as it may be subsequently amended. Motor vehicles shall not be parked in a manner that blocks access to required parking. =?y' B. Recreational vehicles, boats or trailers shall be parked, kept or stored on an Approved Durable Uniform Surface and shall not be parked, kept or stored in required front yard setbacks, except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed, provided no recreational vehicle is parked so as to prevent access by emergency responders to access all sides of a structure. Access to parking shall be via an approved driveway approach. Vehicle Storage 5/6104 "r C. Approved Durable Uniform Surfaces outs of structures on- may cover a maximum of 0 square feet or of the lot surf ver is greater. E+ more than s of the front yard or 800 square feet, whichever is sma can be Approved Durable Uniform Surfa Section 2. Sev e¥ Should any section, par ph, sentence, clause or phrase of this Ordinance, or its app to any person or drcum stance, be dedared unconstitutional or othe mein e for any reason, or sho A any portion of this Ordinance be pre-empted by state or federal law orregulaeam#aecisim«pre- affect +�a%of k remaining Ordinance application to other persons or drcum stances. Section 3. Effective IDate. This Ordinance shall be published in the official newspaper of the City, and shall take Stan &&full force five (5) days after the date a publication. PASSED BY THE CITY COTJNCJL OF THE CITY OF TUKWILA, WASHINGTON, Regular Meeting thereof this %2 ,2004 ATTEAAIJTHENTIame Steven M Mullet, Mayor Jane E Can %c ec Clerk Filed with &c c» APPROVED AS TO FORM BY: Passed by the City Cou Pubv Effective Office m »c Attorney Ordinance xumbr \d Vehicle Storage 5/6/04 d� Community and Parks Committee April 13, 2004 Present: Pam Linder, Chair; Joe DUffle, Dave Fenton Nick Olivas, Don Tomaso, Bob Benedicto, Joyce Trantina, Kathy Stetson, Steve Lancaster, Bruce Fletcher, Paul Surek, Lucy Lauterbach 1. International Building Code Adoption Bob Benedicto is the Building Official, and he discussed how the City has been using the 1997 Building Code as it was the last one adopted by the State. The new International Building Code (IBC) was adopted by the State after a committee the mayor served on recommended it over another version of building code. The Committee asked why only 44 states were adopting the IBC. Bob said the initial code should be adopted without amendments, though later the City can make some changes in local code if they are more strict than the IBC~ He went through with the Committee the effects the new code will have on our codes. Kathy and Joyce then went through three other codes that will supplement the IBC. The first was the NUisance and Housing section, relating to trash, weeds, graffiti, and landscaping requirements. Kathy said the new language will allow her to require private landowners to clean up graffiti on their property. The Committee approved of those additions. A second new section addressed Junk Vehicles. The provisions in the civil code are vague, and would be replaced by language that defines what a junk vehicle is, and would deal with the proliferation of junk vehicles on private property. Joe asked if the City would enforce the regulation, and Steve said not all, but many cars that need to be removed, would be under these new provisions. The Committee asked that the definition of a junk vehicle be included when this issue goes to Council. A third section addressed Where cars and trailers can legally be parked on a property. This section would prevent cars from parking on front lawns, requiring instead an approved durable surface, which would be defined. Pam wanted to know what Sea Tac did when they passed a similar change last year. Kathy said it was likely they would educate people about this requirement for a year before they started charging people with removing vehicles. Para L pointed out there is a house in her neighborhood that does not have a driveway due to the narrow width of the property (many properties in Allentown/Duwamish are narrow but deep). This person cann0.~ park in a driveway and would be subject to removal. She did not support this portion of the proposed changes as they are now. The Committee wanted to know if there was enough'interest in this last proposal. If so,they would send it back to Committee for further work. Recommend IBC~ Nuisance~ Junk Cars~ and Improper Parking Issues to COW~ with one member not yet agreeing to support the Improper Parking section. 2. Ratification of Designating Downtown Auburn as a an Urban Center The Growth Management Policy Committee (GMPC) recommended adoption of Auburn's proposal to add its downtown as an urban center. Although they don't meet the requirements, they, like Tukwila, will work to achieve those goals for population, housing and jobs. Recommend Auburn proposal for an Urban Center designation to COW for approval. .................... Initials ............ ITEM NO. I Meeting Date Pre?ared by Mayor's r~vi~w Council review CAS Number: 04-067 ] Original Agenda Date: 05110/04 Agenda Item Title: Golf Course Emergency Fuel Tank Removal and Clean-up Original Sponsor: Council X ~Jdmin. Park~ and Recreation Timeline: Immediate Action Required - seeking approval at 5/10/04 special meeting Sponsor's Summary: During the Foster Clubhouse Phase ii parking construction, the contractor discovered an old underground fuel tank buried near the course's new teaching green. It is the City's responsibility to remove and clean the site and surrounding area prior to the contractor beginning construction of the parking lot. Kecommendatious: Sponsor: Committee: Administration: Recommend tank remo¥~l to Special Rogular Meeting. Cost Impact (if known): $47,250 (estimate) F~a Source O~ k~o~,n): q'll, 00. fie:lq. Ttd3. ~o2.19 Meeting Date A etlon Meeting Date AttaChments 05/10/04 Landau ScOPe and Budget Proposal.dttached. LANDAU ASSOCIATES May 6, 2004 City of Tukwila 13900 Interurban Avenue South Tukwila, Washington 98168 Attn: Mr, Mike Sweeney- Owner's Representative RE: SCOPE AND BUDGET PROPOSAL SOIL EXCAVATION AND SOIL iNVESTIGATION ACTIVITIES FOSTER GOLF LINKS PROJECT PARKS AND RECREATION DEPARTMENT Dear Mr. Sweeney: Landau Associates is pleased to submit this proposed scope of services and c~st estimate to conduct soil excavation and subsurface investigation activities for the Foster Golf Links faaility (subject property) in Tukwila, Washington. The area to be investigated and excavated is near the noz~hwestem comer of the new lower parking lot located west of the main clubhouse at the subject property. SCOPE OF SERVICES Based on our discussions with you and our observations at the site, we understand that you would like Landau Atsoclates to conduct the following tasks at thc subj~c! property: · Task 1 - Initial excavation of petroleum impacted soil associated with a former underground storage tank(LIST) system. This ~ask was completed as of April 30, 2004, · Task 2 - Subsurface investigation to assess the extent of pe~xolcum impacted soil emanating from the former UST system and to evaluate if groundwater appears to be impacted by pe~'oleum constituents. · Task 3 - Additional excavaiion of petroleum impacted soll based on the results from thc subsurface investigation completed as Task 2. · Task 4 - Preparation af documentation to noii~y the Washington State Department of Ecology (Ecology) of the petroleum impacts observed, to summarize the activities compleled for Tasks 1 through 3, and to make recommendations for additional actions, if necessary, · Further description of the tasks identified ~bove are included in hhe following sections; Task 1 - Initial Excavation of Petroleum Impacted Soil Landau Associates and Cecon Corporation (Cecon) completed this task at your request based on an authorization you provided in an e-mail dated April 26, 2004. The authorized scope of work for this task originally included thc removal of approximately 30 tons of petroleum impacted soil and the r~placement of thc excavated soil with "clean" backfill. However, based on observed site conditions and with yoor verbal authorization, approximately 175 tons of petroleum impacted were removed from site on April 29 and 30, 2004 and approximately 130 tons of clean fill were imported and stockpiled on site. The soils excavated were transported to TPS Technologies, Inc. (TPS) in Tacoma, Washington for thermal desorpdon treatment and disposal. As discussed with you on April 30. 2004, it appeared that significant additional petroleum impacted soil was present beyond the limits of thc excavation to the north, south, cast, and west, On May 3, 2004, it was agreed that a subsurface assessment should be completed beyond the limits of the excavation area to determine the appropriate limits of the excavation and to determine if some of the petroleum impacted sell could remain in place based on appropfiaxe soil cleanup levels as published in the Washington State Model Toxics Control Act (IvrrcA), The original budget agreed on for this task was $9,432, Based on the additional soil removed and imported, the actual cost to complete Task I will be approximately $14,000. Task 2 - Subsurface Investigation On May 6, 2004, Landau Associatc~ personnel will return to the subject site ,with a drilling subcontractor to conduct a subsurface investigation on the p~iphery of the excavation completed on April 29 and 30, 2004. The purpose of ibc subsurface investigation will b~ to at'tempt to dcm'mine the extent of petroleum impacted soil in the vicinity of thc former UST system and to attempt to determine if thc groundwater appears to be impacted, Direct push ~rilling methods will be used to collect multiple soil sampl~ and one groundwater sample in the vicinity of the excavation area, We expect to complete up to 10 soil borings to a total depth of 15 ft or less during the completion of Task 2. During thc completion of the soil borings, a Landau Associates geologist will visually inspect the soil recovered from the borings and use a photo ionization detector (PID) to "screen" soils in an attempt to determine the relativn levels of petroleum impact. The Landau Associates field geologist will collect representative soil samples from the soil borings to submit to an analytical laboratop/for analysis of petroleum impacts. The soil samples will be analyzed by the laborato~ff for gasoline range total petroleum hydrocarbons (TPH-Ox) using Method NW'TPH-Ox; benzene, toluene, ethylber~.enc, and xylenes (BTEX) using EPA Method 8021; and total lead using EPA Method 6010/"/470. Sample results will be requested from thc analytical laboratory on a 7-day turnaround time (TAT). In addition to the soil samples, the field geologist will collect one groundwater sample from the soil boring which exhibits the highest level of petroleum impact. The groundwater sample will also 1:~ analyzed for TPH-Gx, BTEX, and total lead using the same methods identified above. The estimated cost to complete Task 2 is $5,750, which includes approximately $3,200 in subcontractor fees for drilling and laboratory analysis. Task 3 - Additional Excavation of Petroleum Impacted Soil Following the completion of the subsurface investigation activities outlined in Task 2 and i~terpretation of the analytical resultS, Landau ^ssociates will return to the subject site with Cecon to remove additional petroleum impacted soil for offsite disposal at TPS. Landau Associates pcrannncl will utilize the information gathered during the completion of Task 2 to id~tify the approximate lateral extent of the excavation area. Landau Associates will use observations made during the completion of Tasks I and 2 and field monitoring equipment to attempt to segregate "clean" overburden soil from the petroleum impacted soil to be disposed off site at TPS. Landau Associates will collect soil samples for laboratory analysis to document soil conditions at the limits of the excavation. The estimated cost to complete Task 2 is approximately $21,000. Approximately $16,500 of the Task 2 cost will be for subcontractor fees associated with s~il excavation, transporl, disposal, analysis, and backfill operations. This cost estimate to complete Task 2 is based on thc following assumptions: · The excavation work will be conducted to remove petroleum impacted soil in excess of appropriate MTCA Method A (unrestricted land use) cleanup levels, · The soil ~xcavation, loading, and site ~estoration will require a total of 3. 10=hour days onsite for Landau Associates and Cecon personnel. · A total of 180 tons of petroleum impacted soil will be removed, for offsite disposal at TPS. · A total of up to I0 soil samples will be collected from the extent of the expanded excavation and the soil stockpile, as appropriate. The soil samples will be analyzed for TPH-Gx using Method NWTPH-Gx; BTEX using EPA Method 8021; and total lead using EPA Method 6010/7470. Sample results ~ll be requested from the analytical laboratory on a 7A-hour TAT. · Following the receipt of analytical results, the excavation area will be re-graded and restored using the "clean" soil excavated from the subject site and imported backfill. For the purpose of this cost estimate, approximately 100 tons of imported of backfill is assumed to be required. ~ Task 4 - Preparatlun of Documentation Landau Associates will review the analytical data generated during the field activities and present the data along with a summary of the work in a repor~ to document the UST and soil removal tasks. Thc documents prepared by Landau Associates will include a notification to Ecology to report the observations indicating a release of gasoline to thc subsurface has occurred at tho subject property and a ' summary repot/to detail the activities completed to investigate the axtcnt of the petroleum impacts, the actions completed to address the petroleu,m impactS, and recommendations for additional action, if nace. ssa~/. The estimated budget .for Task 4 ts approximately $5,500, EgTIMATP, D SCHEDULe. We are prepared to initiate thc work described in this proposal upon receipt of your authorization to proceed, We anticipat° the c°mpletiun °f Task 2 by May 10, 2004; Task 3 by May 20' 200'~; and Task 4 by May, 31, 2004. · The depth to groundwater at thc subject property is approximately 15 to 20 fl Boa and we will be able to advanca a direct push sample probe to groundwater for the collection of a sample. · Thc handling charge for subcontractor costs is 12 percent. · Costs do not include a continge~tey amount for unanticipated out-of-scope activities by subcontractors and/or Landau Associatcs. If unanticipated out-of-scope activities am necessary, Landau Associates personnel will advise you of the situation and proceed upon receiving your authorization. Out of scope activities will be charged in accordance with the rate schedule and general conditions included as Attachment A to this proposal. L~qDAU AsSOCIATI~S · MTCA Method A cleanup levels will be used to assess whether soil or groundwater has been impacted and requires additional action. However. if application of the MTCA Method A cleanup levels would result in the disruption of operations at thc subject site, we will discuss with you and an E¢olo~ representative the potential use of more lenient cleanup levels that may require restrictions on future site uses. ESTIMATED BUDGET The estimated cost for thc proposed scope is $47,250 and is detailed by task as follows: Task Identification Estimated Cost, $ Task I - Initial Excavation of petroleum 14,000 Impacted ~oll Task 2 - SubSurface Investigation 5,750 T~sk 3 - Additional Excavation of Petroleum 21,000 Impacted Soil 6,500 Task 4 - PreParation of Documentation Total 47,250 We propose to provide our' services to the Ci~ of Tukwila on a time-and-expense (T&E) basis. If unforeseen conditions are encountered, we will bring these tb your attention and seek modification to the scope of servlces and budget, as appropriate. AUTHORIZATION If you agree to thc scope of services described above and wish to authorize our services, please si~n in the space provided on the authorization below and return one copy of this letter, or authorize by your preferred method. Thank you for giving Landau Associates the opportunity to provide this proposal, Please give us a call if you have questions regarding our proposal. We look forward to working with you on this project. LANDAU ASSOCIATES, INC. Martin T. Powers, P.E. Senior Associate Engineer MTP/rgm Attachments: 2004 Rate Schedule and General Conditions AUT~OR.~ATION The scope of services and con~'actu~l conditions as described in this proposal and its attachments are accepted and Landau A~sociatcs. Inc, is authorized to proceed. By signature* printed For firm* date *Name of person with contractual authority and finn responsible for payment of Landau Associatel, Inc, billing. CRy of '['uk~,Ala IA LANDAU COMPENSATION SCHEDULE 2004 ASSOCIATES Personnel Labor Hourly Rate Senior Principal S175 Principal 165 Senior Associate 150 Associate 133 Senior 120 Senior Project 108 Project 98 Senior Staff 88 Senior CAD 80 Staff 78 Assistant/Senior Technician 68 Project Coordinator 65 Technician/CAD 58 Word Processor (including equipment) 52 Support Staff 42 A Senior Consultant rate will be assigned to projects involving high -level consultation or litigation support. The tate for Senior Consultant will be negotiated an a project specific basis, depending on project needs and the expertise required, Expert professional testimony in courr, deposition, declaration, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. Technical disciplines include: Biologist, Chemist, Engineer, Environmental Planner, Geocheumisr, Geologist, Hydrogeologist, Hydrologist, Risk Analyst, Scientist, Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent (12 handling charge. A higher handling charge for technical subconsultants and for high -risk field operations may be negotiated on an individual project basis; similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates' services will be issued monthly. Interest of 1'h percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates (including continuing projects). 51&01 Oocurrent5 LANDAU ASSOCrATES LANDAU GENERAL CONDITIONS ASSOCIATES SERVICES TO BE PROVIDED Landau Associates agrees to provide Client, for Client's sole benefit and exclusive use, the consulting services identified in Landau Associates' proposal. This agreement gives no rights or benefits to anyone other than Client and Landau Associates. CLIENT FURNISHED INFORMATION Client shalt provide to Landau Associates information regarding the property location, property limits, the location of any buried utilities or structures, and any requitement for entry or work permits, security clearances, licenses. or any other required permissions, Landau Associates Shall nos be liable for damage or injury arising from damage to subterranean structures (pipes, tanks, pipelines, etc.) which are not identified by Client. If the property is not owned by the Client, the Client shall obtain rightef -army for the purpose of our services. OWNERSHIPOF DOCUMENTS Unless otherwise agreed, all logs. notes, calculations, reports, and other documents prepared by Landau Associates are the property of Landau Associates: All such documents will be made available to Client at reasonable tirnes. The Client is responsible for appropriate use of the information and recommendations contained in Landau Associates' moons and other written correspondence and shall not disregard or deviate from same without written notice to Landau Associates. Any and all such information and recommendations are provided for and ate relevant to specific projects, as identified; any reuse of such information for extensions of a project or for any other project shall be at the Client's sole risk and without liability or legal exposure to Landau Associates. STANDARD OF CARE AND LIMITATION OF LIABILITY Landau Associates' services will be performed, within the scope of service and level of effort limits prescribed by Client, with the degree of skill and diligence normally employed by engineering professionals performing similar services in the Nonhweat at the time services are performed. No other warranty or anon, either express or implied, is included or intended in our proposals, contracts, reports, and communicadona To the fullest extent permitted by law, Client expressly agrees to limit any and all claims of Client, including. but not limited to, claims alleging negligence, breach of contract, or breach of warranty against Landau Associates and/or its employees, for all losses of any kind, including economic loss, to an amount not to exceed the total fee paid under this agcement or 350.000, whichever is greater. In the event the Client makes a Haim against Landau Associates, ar law or othtnvise, for alleged negligence, error, omission, breach, or other act arising out of the performance of our professional services, and the Client fails to prove such claim, the Client shall pay all costs inured by Landau Associates in defending itself against the claim CLIENT INDEMNIFICATION Client acknowledges that Landau Associates is not responsible for the creation or presence of contamination or pollution, if any. at the property. Client agrees to indemnify, defend, and hold harmless landau Associates and any of its °R icera and employees from and against any claim, suit, action, or liability due to or related to contamination tonditione at she property except to the extent such claim wit. action, or liability is caused by the negligence of Landon Associates. For the purposes of this clause, contamination conditions shall mean the actual or alleged existence, discharge, release, or escape of any irritant, pollutant, contaminant, or hazardous substance into or upon the alrnosphere, land, groundwater, or surface water of or near the property. Landau Associates will promptly notify Client of contamination conditions, ifidentified. SITE SUPERVISION Landau Associates has no overall supervisory authority or actual and /or direct responsibility fnr the specific working conditions at the site and/or for any hazards resulting from the actions of any trade contractor. Unless expressly provided in the scope of services, Landau Associates has no duty to inspect, supervise, nom, correct, or report any health or safety deficiencies of Client, contractors or other entities or persons at the project site not employed or subcontracted by Landau Associates. PAYMENT Invoices for landau Associates' services will be issued monthly, payable upon receipt, tnteresr of 1'h percent per month (bur not exceeding the maximum rate allowable by law) will be payable en any amounts not paid within 30 days, payment thereafter to be applied first to accnred interest and then to the principal unpaid amount. Any altomcy's fees or other costs incurred by Landau Associates in collecting any delinquent amount shall be paid by the Client. SAMPLE RETENTION Unless other arrangements are made, uncontaminated samples will be discarded in accordance with applicable regulations 30 days after testing is complete. Contaminated or hazardous materials samples not destroyed by testing remain the property of the Client and will he returned to the Client or project sire for disposition as directed by Client. SUSPENSION OR TERMINATION If she Client requests suspension or termination of our services prior to completion, landau Associates reserves the right to complete such analyses and records as are necessary to place the Ras in order, and, when necessary to protect our professional reputation, to complete a repon on the services provided to data. The Client shall reimburse Landau Associates for personnel time and all reasonable expenses at current Talcs required to accomplish such dosing. SEVERABILITY AND SURVIVAL In the event that any provision of this a shall be held invalid and unenforceable by a decision of a coon of competent jurisdiction, the remaining provisions shall be valid and hinding. All terns of this Agreement allocating or limiting liability shall survive the completion of the services hereunder end the temtination of this agreement. PRECEDENCE These general conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, notice to proceed, or like document regarding Landau Associates' services. 34104 Oetume 1 LANDAU ASSOCIATES