HomeMy WebLinkAboutCOW 2005-05-09 COMPLETE AGENDA PACKET /1,‘,, Tukwila City Council Agenda
i l
r COMMITTEE OF THE WHOLE
le, vit./. Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez
Rhonda Berry, City Administrator Pam Carter Jim Haggerton
1908
Pamela Linder, Council President Dennis Robertson Dave Fenton
1
Monday, May 9, 2005; 7 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE
2. SPECIAL a. WSDOT presentation I -405 Widening Project Context sensitive
PRESENTATIONS solutions (aesthetics) and results of Bus Rapid Transit study
(this presentation is slated to last 60 minutes).
b. Sister Cities Committee report on Ikawa Trip.
3. CITIZEN At this time, you are invited to comment on items not included on this
COMMENT agenda. To comment on an item included on this agenda, please save your
comments until the issue is presented for discussion.
4. PUBLIC Request for vacation of a portion of 43rd Avenue South, running
HEARINGS southwesterly from SR -599 to Squire Street and Squire Street from
43rd Avenue South to South 131st Place.
Petitioner: Normed -Shaw Partnership.
5. SPECIAL ISSUES a. A resolution establishing Hearing Examiner Rules of Procedure.
b. A proposed Interlocal Agreement with the City of Seattle for the
overlay and repair of 16th Avenue South.
c. Authorize Mayor to sign an amendment to Contract #04- 025(B)
with David Evans in the amount of $70,000 for the design of the
water service for the Tukwila South project.
d. A resolution declaring an emergency in response to erosion
damage on the 42nd Avenue South bridge.
6. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
7. MISCELLANEOUS
8. EXECUTIVE SESSION
9. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office: 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
U NCIL AGENDA SYNOPSIS
k Initials ITEM NO.
I 4 19 i Meeting Date Prepared by I Mayor's review I Council review
.4:0" 3/21/05 UM I
evr="
5/9/05 1 UMdkin „1,41— fr
1 1
ITEM INFORMATION
CAS NUMBER: REF 05-042 ORIGINAL AGENDA DATE: MARCH 21, 2005
AGENDA I"IEM TITLE Public Hearing for the Street Vacation of a portion of 43 Ave South from SR 599 to
Squire Street and Squire Street from 43 Ave South to South 131 Place.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date 3/21/05 Mtg Date Mtg Date Mtg Date 5/9/05 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ®PI"
SPONSOR'S Public hearing for the street vacation of a portion of 43 Ave South, running southwesterly
SUMMARY from SR 599 to Squire Street and Squire Street from 43 Avenue South to South 131 Place.
RCW 35.79.010 requires a public hearing to consider vacating public right -of -way.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMI"1"U E
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
3/21/05 I Approved Resolution No. 1572, setting public hearing date for May 9, 2005
5/9/05
MTG. DATE ATTACHMENTS
5/09/05 1 Information Memo dated May 9, 2005
Notice of Petition
Resolution 1572
Notice of Public Hearing
Ordinance (p ,a_42-1
Exhibits include numerous Maps and Appraisal Summary
TMC 11.60 Street and Alley Vacation Procedures
RCW 35.79 Streets- Vacation
INFORIVIATION I\-1El\10
To:
Ivlayor 1'vlullet
Pubhc Works Directo~
May 9, 2005
3.40.31 Street Vacation - 43rd Avenue South and Squire Street
Public Hearing on. May 9, 2005
From:
Date:
Sub j ect:
ISSUE
On February 16,2005, the Normed-ShaYl PartnershIp submitted a complete PetitIOn for VacatIOn of
Streets application for a portion of 43rd Avenue South, running southwesterly from SR 599 to Squire
Street and Squire Street from 43rd Avenue South to South 131 st Place.
BACKGROUND
The Nonned-Shaw PartnershIp proposes construction of a new 40,000 square foot warehouse/office
bUIlding, relocation of Southgate Creek, and mstal1atIOn of wetland mitlgatIOn at this sIte, creating a need
to vacate these rights-of-way.
On !vI arch 21, 2005, Council set the PublIc Hearing date for May 9, 2005 ThIs date meets RCW
35.79.010. NotIficatIOn of this Pu~hc Heanng was gIVen according to TMC 11.60 090.
ANALYSIS
The zonmg is Commercia1lLight Industrial. The Norrned-Shaw Partnership, proponent for the vacation,
is the applIcant and is the only abutting property owner.
All of the right-of-way is unopened and can not be accessed from S 131st PI or from 42nd Av S
(Macadam) due to grade dIfferences. A portion of Southgate Creek runs through this right-of-way.
All of the legal lots of record that would become land-locked by this vacation belong to Nonned-Shaw
PartnershIp and currently do not have public access from 43rd Av S and Squire St due to topography,
wetlands, and existmg structures.
The total area proposed for vacation is 18,705 SF valued at $35,600 by an appraisal a mel11ber of the
Amencan InstItute of Real Estate Appraisers.
ThIS vacation will provIde public benefit in that the compensation for the nght-of-way WIll be dIstributed
per TMC 11.60.050.D. This vacatIOn will not adversely affect street pattern, circulation, or public need.
The City currently does not need thIS right-of-way and will not need it m the future.
RECOMMENDATION
Conduct the Public Hearing, collect public comments, and recommend the vacatIOn be forwarded to the
Regular Council Meeting.
attachments
jiJJiprojects/vacauonsl3 40.31-43rd av sand sqUJre/pubhc heanng memo
~
PETITION FOR VACATION OF STREETS,
PURSUANT TO RCW 35.79 RcCErVEO
fES 1 5 2aus
TO THE TUKWILA CITY COUNCIL: TUKWlLA
1. The undersigned petitioners hereby request vacation of the following descffb1~d-IGi-~~~
located in the City of Tukwila:
(Provide legal de$cription. If legal description is long, please attach. _Attach a site plan of the
area to be vacated.)
Legal attached
Site Plan attached
2. The names and addresses of ALL property owners abutting on the property to be
vacated are as follows: do not include Cit -owned rooert
Owner Name I Property Address
(orint)
NorMed-Shaw Partnership I
I
I
I
Total frontaqe
feet)
43rd Avenue South
All
3.
43 rei Avenue South
"3 . 40. "3 I
()!JIIL! /0 '5
DATE' ,-
;{o SOO) ot
RECEIPT NO.
the $1200 fee for street vacation has been
/1 .
&;'0~/~U
~;SIGNATURE
4. In accordance with Resolution 1499,
received.
Q i�f' r.
1 'Y T
sr d p
a �C
City off. iukwila
4,
Washington
Resolution No. /5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR
VACATION OF RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA
DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS
43RD AVENUE SOUTH, RUNNING SOUTHWESTERLY FROM SR 599 TO
SQUIRE STREET AND SQUIRE STREET RUNNING SOUTH FROM 43RD
AVENUE SOUTH TO SOUTH 131ST PLACE.
WHEREAS, the Normed -Shaw Partnership proposes a new building and wetland
mitigation at this site; and
WHEREAS, the City wishes to vacate these portions of 43 Avenue South and
Squire Street; and
WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing upon the vacation of 43rd Avenue South southerly from
SR 599 to Squire Street and Squire Street from 43rd-Avenue South to South 131`t Place,
shall be held before the Tukwila City Council in the City Council Chambers at Tukwila
City Hall, 6200 Southcenter Blvd., Tukwila, Washington, on May 9, 2005, which is not
less than 20, nor more than 60 days from the date of passage of this resolution, at which
time all persons interested in said right -of -way vacation are invited to appear and be
heard.
t
Section 2. This resolution shall take effect immediately upon passage.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this (7/ S-1-4- day of Z i��- 2005.
ATTEST /AUTHENTICATED: j
0 7 a p Pamela Linder, Council President
Ja E. Cantu, CMC, City Clerk
APPROVED AS- TO BY:
Filed with the City Clerk: hg
Passed by the City Counci- J -OS
Office th
City AttOrn Resolution Number:
G
iL
Street Vacation Squire 3/18/05 Page 1 of 1
ity of Tukwila
NOTICE OF
PUBLIC HEARING
Notice is hereby given that the Tukwila City Council will hold a public hearing on
, Monday, May 9, 2005, beginning at 7 PM in the Council Chambers at Tukwila City Hall,
6200 Southcenter Blvd, Tukwilaf Washington, to consider the following:
Request for vacation of a portion of 43rd Avenue South,
running southwesterly from SR-599 to Squire Street,
and Squire Street running south from 43rd Avenue
South to South 131st Place.
Petitioner: Normed-Shazv'Partnership
All interested persons are invited to be present to voice approval, disapprovaL or opinions
on this issue. Those unable to attend in person may submit written testimony to the City
Clerk's office until 5 PM on the day of the hearing.
Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with
disabilities. Reasonable accommodations are available at Public Hearings with advance notice.
This notice is available in alternate formats for individuals with disabilities. Please contact the
City Clerk/s Office at (206) 433-1800 or TDD (206) 248-2933 if we can be of assist,ance.
( ,)
~ -'
Dated this /1=/1"'1 day of \....JJy.,,~__ , 2005.
J
') ,~ G, .? -;T _ -2--
\. ..' '/ "r:!/:IJZ. 1-0 f L. c.v/l/~G
J a~~ E. Cantu, CMC, City Clerk
Published: Seattle Times, 4-29-05
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY,
DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS A PORTION
OF 43rd AVENUE SOUTH, RUNNING SOUTHWESTERLY FROM SR 599 TO
SQUIRE STREET AND SQUIRE STREET RUNNING SOUTH FROM 43RD AVENUE
SOUTH TO SOUTH 131ST PLACE; AMENDING THE OFFICIAL STREET MAP OF
THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, TMC 11.60 identifies street vacation procedures including public notification, a
public hearing, review and comment, and submittal of relevant information to City Council, all of
which have been done; and
WHEREAS, 43rd Avenue South and Squire Street are unopened and part of Southgate Creek
runs through the right-of-way; and
WHEREAS, 43rd A venue South and Squire Street have been right-of-way for more than 25
years; and
WHEREAS, petitioner provided a real property appraisal from a member of the American
Institute of Real Estate Appraisers in the amount of $35,600.00; and
WHEREAS, no utilities exist in the rights-of-way being vacated; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on May 9, 2005 for the
purpose of considering the vacation of certain property located in the City of Tukwila, as described
above; and
WHEREAS, following conclusion of the public hearing, the City Council found the property
should be vacated, subject to conditions identified in this Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 18,705 square feet of 43rd Avenue South, running southwesterly
from SR 599 to Squire Street and Squire Street running south from 43rd Avenue South
to South 131 st Place.
B. This vacation is conditioned upon satisfaction, by April 30, 2007, of the following:
1. Provision of compensation for $35,600.00. ,.
340314rv1.DOC
1
Section 2. Duties of Public Works. The Public Works Department is hereby directed to record a
certified copy of this ordinance with King County, upon determination by the Public Works Director
that the conditions referenced above have been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of the
ordinance, the City Public Works Director shall amend the City's official street map to be consistent
with this ordinance.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance or its application to any person or situation should be held to be invalid or unconstitutional
for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this ordinance or its application to
any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City. This vacation shall not become effective until the conditions contained herein
have been fully satisfied, until all fees owed the City have been paid, and until five (5) working days
after the date that this ordinance and all relevant documents have been recorded with King County
Records.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this day of .2005.
Steven M. Mullet, Mayor
A TIEST / AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
340314rv1.DOC
2
Exhibit A
Street Vacation
3.40.31 43rd Av. S. and Squire St.
Vicinity Map
Subject Property
Street Right-of-Way (43rd Street S)
East of 42nd Street South
Extending from 131 st Place South to SR599
Tukwila, King County, WA
Photo taken 2002
EXHIBITA
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Street Vacation
3.40.41 43rd A V S and Squire Street
Rights-of-'Nay, Parcels, Buildings, VVetlands, Stream
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Street Vacation 3.40.31 43rd Avenue South and Squire Street Exibit B
Street Vacation 3.40.31 43rd Avenue South and Squire Street
Street Vacation 3.40.31 43rd Avenue South and Squire Street
Street Vaation
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Exhibit C
Street Vacation
3,40.31 43rd Av. S. and Squire St.
Property BeTore Vacation
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Exh iblt 0
Street Vacation
3.40.31 43rd Av. S, and Squire St.
Property After Vacation
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Exhibit E
Street Vacation
3.40.31 43(d Av. S. and Squire St.
Integra Realty Resources - Seattle
Appraisal Summary
April 7,2005
Mr. Larry Shaw
President
NorNled Immediate Care Medical Supplies
PO Box 3644
Seattle, WA 98124-3644
SUBJECT: Potential Street Vacation Appraisal
Street Right-of-Way (43rd Street S)
East of 42Dd Street South
Extending from 131 stPlace South to SR599
Tukwila, King County, \VA
Integra Seattle File No. 154-2005-0053
Dear Mr. Shaw:
Integra Realty Resources -. Seattle is pleased to tra...Tlsmit t.he summary report of a complete
appraisal- that yvas prepared on the referenced property. The pnrPose of t.1is appraisal is to
develop an opinion of the market value of the leased fee estate of the property 2.S of
November 24, 2004, the effective date of the appraisal.
This report is intended to comply \vith the reporting requirements set forth under Standards
Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice (USP AP) for a
complete summary appraisal report. '
The proposed street vacation site has an area of 18,705 square feet; it is currently raw
unimproved land.
Based on the analyses and conclusions in the accompanying report, a..TJ.d ,subject to the
defmitions, asswnptions, and limiting conditions expressed in this report, it is our opinion
that the market value of the fee simple interests in the property, as of April 7, 2005 is
$35,600
(Thirty Five Thousand Six Hundred Dollars).
,.
EXHIBITE
~
let==- .:t
LOCAL EXPERTISE
tV/.. fIOt}~ L L Y
1 1~ 1 ~- .-i,... I~ '-_-. '0 C:lqi~ ~1rf . Se.=::::e. \/iA 95101 . Phone 205-903-6;JC~ . cJX 206-623-5731 . \iVebs;I2. ~V\\,\\' ..;::::::
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EXHIBIT E:
2or-~
TUK1tJlLA MUNICIPAL CODE
Chapter 11.60
STREET AND ALLEY
VACATION PROCEDURE
Sections:
11 60.010 Purpose
11.60.020 Streets Abutting vVater
11.60.030 Filing
11.60.040 Fees and Charges
11.60.050 Valuation and Compensation
11.60.060 Property Trade in Lieu of Payment
11.60.070 \Naiving Compensation -
Other Governmental Agencies
11 60.080 Title to Vacated Street
11 60.090 Procedure
11.60.100 Limitations on Vacation
11.60.110 Approval of Vacation
11 60 120 Effective Date of Vacation
11.60.010 Purpose
This chapter establishes street vacation palicies and
procedures regarding petition for vacation by owner(s)
of an interest in any real estate abutting a street right-of-
way pursuant to RCvV 35.79.
(Ord. 1995 S 1 (part), 2002)
11.60.020 Streets Abutting Water .,
Streets abutting water shall not be vacated unless
in compliance with RC'vV 35 79.030.
(Ord. 1995 51 (part), 2002)
11.60.030 Filing
A. The petition for street vacation shall be submit-
ted to the Department. The complete application shall
include a completed petitIOn form, a vicinit'j map, a tax
assessor's map showing all properties abutting the
vacation, total of assessed land value proposed for
vacation, an appraisal per TMC 11 60.050, mailing
labels for all property owners within 500 feet of the
vacation boundaries, and a non-refundable application
fee pursuant to TMC 11.60.040.
B. A completed petition form shall be one that is
signed by owners of more than two-thirds of the
properties abutting the street proposed for vacation.
C If the assessed value of the land proposed for
vacatIOn is greater than $10,000, the complete applica-
tion shall include a fair marke~ appraisal.
D The petItion and application expire two years
from date of application, if the vacation conditions have
not been met and compensation paid.
(Ord. 1995 51 (part), 2002)
11.60.040 Fees and Charges
The Department shall be responsible for review of
the petition, inspection and acceptance of all required
construction, and vacation plan review The fee for
these services shall be set forth in a fee schedule to be
adopted by mDtion or resolutIOn of the City CouncIl
(Ord. 1995 S 1 (part), 2002)
11.60.050 Valuation and Compensation
A. Th,e value of th~ right-of-way proposed for
vacatlOn snall be determmed utilizina either of two
methods First, based on the assessed value of land
abutting the street or, second, on an appraisal whIch
was conducted no more than 3 months prior to the
date of the application for vacation. Under the first
method, the value shall be calculated by multiplyma
the total square footage of right-of-way by the assessed
value per square foot of the abuttina land as set bv the
County Department of Records and Elec'tions and the
County Assessor's office. Under the second method of
calculation, a real property appraisal from a member of
the American Institute of Real Estate Appraisers \vill be
conducted.
B. If the calculated value is less than $10,00000,
the calculated value shall be used as the right-of-way
value. If the calculated value is $10,000 or more, then
the right-of-way value shall be set under the second
method above.
C. Compensation shall be one-half or the valua-
tion, except any part of the fIght-of-way that has been
part of a dedicated right-of-way for 25 years or more
shall be compensated at the full valuation
D One-half of the revenue received by the City
as compensation must be dedicated to the acquisition,
improvement, development and related maintenance
of public open space or transportation capital projects
within the City.
(Ord. 1995 51 (part), 2002)
11.60.060 Property Trade in Lieu of Payment
The petitioners may grant or dedicate to the City,
for street or other purposes, real property which has a
fair market value, set by an appraisal less than three
months old, at least equal to the compensation value
seUn TMC 11.60 050.
(Ord. 1995 S 1 (part), 2002)
11.60.070 ~Jaiving Compensation -
Other Governmental Agencies
For vacation petitioned by another governmental
agency, the City Council may waive compensation
required by this code and may waIve the filing fee, if
the Council determines the waIver IS in the public
interest In this case, the petitioner shall record a
covenant at King County Records that provides the City
compensatIOn by the current fair market value, for
future sale or lease by the governmental agency of the
vacated property.
(Ord 1995 S 1 (part), 2002)
11-38
Printed January 141 2003
TITLE 11 - RIGHT OF 'WAY USE
11.60.080 Title to Vacated Street
The title to the vacated street shall be granted
equally to aqutting propertj owners.
(Ord. 1995 51 (part), 2002)
11.60.090 Procedure
Once the Department receives a complete
application, the Department shall:
1. Propose a resolution to the City Council
fixing a time, pursuant to RCvV 35.79 010, when the
matter will be heard
2. Forward the petition and resolution to all
Cjty departments and all concerned utilities for review
and comment.
3. Post on-site notification of the public
hearing per RCvV 35.79.020.
4. Provide notification of the public hearing to
all property owners within 500 feet of the right-of-way
proposed for vacation.
5. Provide the City Council all relevant
information for decision deliberations during the public
hearing.
(Ord. 1995 51 (part), 2002)
11.60.100 Limitations on Vacation
The vacation shall meet limitations on vacations
spelled out in RCW 35.79.030 and -RCW 35.79035. and
shall not prevent legal access to public right-of-way for
any existing lot.
(Ord. 1995 51 (parti' 2002)
11.60.110 Approval of Vacation
If the City Council approves all or part of a
proposed vacation, it shall, by ordinance. vacate the
property pursuant to RCW 35.79.030. The ordinance
shall contain the valuation and compensation amounts,
and all conditions that shall be met before the vacation
is effective.
(Ord. 1995 51 (part), 2002)
11.60.120 Effective Date of Vacation
The vacation shall be effective after the parties
acquiring the land have compensated the City and
have met all conditions of the ordinance, and all
relevant documents have been recorded with King
County Records. and all applicable fees pursuant to
TMC 11.60.040 have been paid to the City.
(Ord. 1995 51 (part), 2002)
Printed January 14, 2003
Page 11-39
RC\V 35.79.010
Petition by owners -- Fixing time tor hearing.
The owners of an interest in any real estate abuttina Upon any str""et or ~lJoy H/ho d"
h .c ., b v G. ,,-, yy may eSlre to vacate
L e street or alley, or any part thereol, may petItIOn the leaislative authonty to ma1-e vacar~on rT' ,
do '. ' f h . . b ~\. L.l 1,.:=,1 VID a a
,-,scnptlo~ 0 t e property to be :~cated} or the legIslanve authority may itself initiate by resolution.::1
such vacatlon procedure. The petItIon or resolution shall be filed with the CI'ty or tO~'I/n 1 k d 'f r
., , . L . n C er an 1 tr e
petItIon IS sIgned by the owners Qfmore than two-thirds of the property abuttlna upon th 'rt i h
street or alley sought to be vacated, legislative authority by resolution shall fix ab tl'me "vheePath 0 St~~
'11 b h d d d . .' ~ y n e pe ltIOn
WI ~ ear an etemllned by ~uch authonty or a committee thereof, \vhich time shall not be more
than SIXty days nor less than twenty days after the date of the passage of such resolution.
- -- - --
RC\V 35.79.020
Notice of hearing -- Objections prior to hearing.
;
Upon the p,assage of t~e resolu.ti?D the ci~ or town clerk shall give twenty days' notice of the pendency
of the petitIon by a vvntten notice posted In three of the most public places in the city or town and a like
notice in a conspicuous place on the street or alley sought-to be vacated. The said notice shall contain a
statement that a petition has been filed to vacate the street or alley described in the notice, together with
~ s.ta!~ment of the ti:r:r:e and plac~ fixed for the hearing of the petition. In all cases where the proceeding
IS Ir:ItI.ated by.resolutlon of the CIty or town councilor similar legislative authority without a petition
havIng been sIgned by the owners of more than two-thirds of the property abutting upon the part of the
street ?r alley sought to be vacated, in addition to the notice hereinabove required, there shall be given
by maIl at least fifteen days before the date fixed for the hearing, a similar notice to the owners or
reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or
any part thereof sought to be vacated, as sho'wn on the rolls of the county treasurer, directed to the
address thereon shovvn: PROVIDED, That if fifty percent of the abutting property ovvners file vvritten
objection to the proposed vacation vvith the clerk, prior to the time of hearing, the city shall be
pr~~bit~??:om proceeding "\;yith the resolution~
RC"V 35.79.030
Hearing -- Ordinance of vacation.
The hearing on such petition may be held before the legislative authority, or before a committee thereof
upon the date fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before
such a committee the same shal!, following the hearing, report its recommendation on the petition to the '
legislative authority vvhich may adopt or reject the recommendation. If such hearing be held before such
a committee it shall not be necessary to hold a hearing on the petition before such legislative authority,
If the legislative authority determines to grant said petition or any part thereof, such c~ty or town shall be
authorized and have authority by ordinance to vacate such street, or' alley, or any part thereof, and the
ordinance may provide that it shall not become effective until the owners of property, abutting upon the
street or alley, or part thereof so vacated, shall compensate such city or to\VTI in an amount \vhich does
not exceed one-half the appraised value of the area so vacated, If the street or alley has been part of a
dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof
were acquired at public expense, the city or town may require the owners of the property abutting the
street or alley to compensate the city or tawn in an amount that does not exceed the full appraised value
of the area vacated. The/ordinance may provide that the city retain an easement or the right to exercise
and grant easements in respect to the vacated land for the construction, repair, and maintenance of public
utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative
authority and in the office of the auditor of the county in vvhich the vacated land is located. One-half of
the revenue received by the city or town as compensation for th~ area vacated must be dedicated to the
acquisition, improvement, development, and related mainten':ll~e of public open space or transportation
capital projects within the city or to\Vll.
RCW 35.79.035
Limitations 011 vacations of streets abu ttjng bodies of 1yater -- Procedure.
!
(1) A city or to\Yn shall not vacate a street or alley if any portion of the street or alley abuts a body of
fresh or salt water unless:
(a) The vacation is sought to enable the city or tO'Nn to acquire the property for port purposes} beach
or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational
purposes, or other public uses;
(b) The city or town, by resolution of its legislative authority, declares that the street or alley is not
presently being used as a street or alley .and that the street or alley is not suitable for any of the follovling
purposes: Port, beach or .....vater access, boat moorage, launching sites, park, public view, recreation, or
education; or .
(c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or
ordinance, that provides comparable or improved public access to the same shoreline area to which the
streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated.
(2) Before adopting a resolution vacating a street or alley under subsection (l)(b) of this section, the
city or town shall:
(a) Compile an inventory of all rights of way within the city or to'vvn that abut the same body of\vater
that is abutted by the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or
town for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park,
public view, recreation, or education;
(c) Hold a public hearing on the 'pr!Jposed '<.~~ation in the manner required by this chapter, \vhere in
addition to the normal requirements for publishing notice, notice of the public hearing is posted
conspicuously on the street or alley sought to be vacated, 'vvhich posted notice indicates that the area is
public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should
attend the public hearing or send a letter to a particular official indicating his or her obj ection; and
(d) :LvIake a finding that the street or alley sought to be vacated is not suitable for apy of the purposes
listed under (b) of this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market value has been paid for the street or alley that
is vacated. Moneys received from the vacation may be used by the city or town only for acquiring
additional beach or water access, acquiring additional public view sItes to a body of"v.ater, or acquiring
additional moorage or launching sites.
RC\V 35.79.040
I
Title to vacated street or aIley.
If any street or alley in any city or town is vacated by the city or to'vvn council, the property 'within the
limits so vacated shall belong to the abutting property owners, one-half to each.
RC\V 35.79.050
Vested riahts not affected.
b
No vested rights shall be affected by the provisions of this cliapter.
L 7‘ COUNCIL Co AGENDA SYNOPSIS
\S Initzais ITEM NO.
110' VG Meetw Date Prepared by 1 Mayor's review 1 Council review
us ceil •57_ 10
05 -09 -05 S. Kerslake 1 L 1
7908 k
ITEM INFORMATION
CAS NUMBER: 05-073 ORIGINAL AGENDA DATE: MAY 9, 2005
AGENDA ITEM TITLE Resolution accepting proposed Hearing Examiner Rules of
Practice and Procedure
CATEGORY Discussion Motion Resolution E Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date
05 -09 -05 illt Date 05 -09 -05 hitg Date Mtg Date Mtg Date 11Itg Date
SP( )NSOR Council Mayor Human Services
Adm Svcs DCD Finance Fire Legal n P&R Police n PW
SPONSOR'S Washington State law requires cities to provide for Hearing Examiner Rules of
SUMMARY Procedure if it uses the hearing examiner system. These rules will provide for
efficient processing of administrative hearings.
REVI1 WED BY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. n Planning Comm.
DATE: 05 -02 -05
RECOMMENDATIONS:
Accept resolution approving Hearing Examiner Rules of Practice and
SPONSOR /ADMIN. Procedure
COMMITTEE Same as sponsor.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
MTG. DATE RECORD OF COUNCIL ACTION
05 -09 -05 COW meeting:
MTG. DATE ATTACHMENTS
05 -09 -05 Staff memorandum from S. Kerslake to Finance and Safety Committee
Proposed Hearing Examiner Rules of Practice and Procedure
Proposed resolution
Minutes Finance Safety Committee meeting May 2, 2005
KENYON DISEND/ PLLC
THE MUNICIPAL LA W FIRM
11 FRONT STREET SOUTH
ISSAQUAH, WASHINGTON 98027-3820
(425) 392-7090
(206) 628-9059
FAX (425) 392-7071
SANDRA S. MEADOWCROFf
SHELLEY M. KERSLAKE
STEPHEN R. KING
HEIDI L. BROSIUS
KERRI A. BERGLAND
MINDY A. ROSTAL\1I
SHANNON L. GARVIN
LACEY L. MARTIN
PETER B. BECKWITH
JOSEPH P. LoUGHUN
THOMAS J. GUILFOIL
MICHAEL R. KENYON
BRUCE L. DISEND
INFORMATION MEMO
To:
From:
Date:
Subject:
Finance and Safety Committee
Shelley Kerslake ~
April 28, 2005
Hearing Examiner Rules
ISSUE
Whether the City should develop Rules of Procedures for Hearing Examiners.
BACKGROUND
State law requires jurisdictions to develop Rules of Procedures if they utilize Hearing Examiner
services. A final draft of Hearing Examiner Rules is provided.
DISCUSSIONI ANAL YSISI ALTERNATIVES
Enclosed please find A final draft of Hearing Examiner Rules. State law requires those
jurisdictions that utilize Hearing Examiners to develop Rules of Procedure. Because Tukwila
traditionally contracted for Hearing Examiner services, this was not done in the past. The City
currently has 3 contracts with different Hearing Examiners, for different types of hearings. To
comply with State law, as well as provide for staff efficiency, we are proposing one set of rules
be passed by the City Council to be utilized by all of our Hearing Examiners or Hearing
Examiner Pro-terns when they hear City of Tukwila matters
RECOMMENDATION
Adoption of the Hearing Examiner Rules of Procedure.
Attachments:
Proposed Rules of Procedure
/'
SERVING WASHINGTON CITIES SiNCE 1993
CITY OF TUKWILA
HEARING EXAMINER
RULES OF PRACTICE AND PROCEDURE
HEARING EXA1"VIINER
RULES OF PRACTICE AND PROCEDURE
Section 1 GENERAL PROVISIONS .............................................................. 1
1.01 Applicability.... ............. ...... ........... .............. ............ ........ ....... .......... 1
1.02 Effective Date................................................................................... 1
1.03 Interpretation of Rules.. .................................................................... 1
Section 2 RULES OF GENERAL APPLICATION ...................................... 1
2.01 Scope................................................................................................. 1
2.02 Defmitions........................................................................................ 1
2.03 Computation of Time....... ...... ............. ............ ............ ....... ...... ......... 3
2.04 Filing and Service of Documents...................................................... 3
2.05 Scheduling Hearings......................................................................... 4
2.06 Consolidation.... ............... ................................................................. 4
2.07 Prehearing Conference...................................................................... 4
2.08 Interference Prohibited..................... ................................................. 5
2.09 Presiding Official.............................................................................. 5
2.10 Witnesses.......................................................................................... 5
2.11 Motions ........................... ...................... ............................................ 6
2.12 Hearing on Written Submissions ...................................................... 6
2.13 Evidence............................................................................................ 6
2.14 Official Notice.................................................................................. 7
2.15 Site Inspection................................................................................... 7
2.16 Continuing or Reopening Hearing ....................................................7
2.17 Leaving the Record Open ...... .................. ............. .............. .............. 8
2.18 Distribution of Decisions and Recommendations ............................ 8
2.19 Remand............................................................................................. 8
2.20 Clerical Errors................................................................................... 8
2.21 Proceedings Recorded........... ...... ............. ...... ............. ....... ............... 9
2.22 Disclosure of Public Records ......... ................ ............. ...................... 9
2.23 Transcript of Proceedings ..... ..... ............................ ............ ...... ......... 9
2.24 Retention of Records........................................................................ 9
2.25 Transmittal of Records.. .................................................................... 9
,:.
. .
,
!
Section 3 APPEAL RULES. ................ ........... ...... ..... .................. .......... .......... 9
3.01 Filing...................................................................................... ........... 9
3.02 Dismissal.. ....................................................................................... 10
3.03 WithdrawaL.......... ....................................... .................................... 10
3.04 Party Representative Required...... ........................ ...... ..... ...... ......... 10
3.05 Notice of Appearance...... .................. ................... .......................... 11
3.06 Intervention........................ ............................................................. 11
3 .07 Notice of Hearing.. ...... ............... ......................... ............................ 11
3.08 Discovery. ..................................... ................. ................................. 12
3.09 Subpoenas....................................................................................... 12
3.10 Default ........... ................................................................................. 13
3.11 Hearing Format ......................~........................................................ 13
3.12 Record ................................... .......................................................... 14
3.13 Reconsideration.................... ........ ..... ............................................. 14
3.14 Subsequent Appeal............... ...... ............. ........ ..... .......................... 14
!
SECTION 1
GEI\TERAL PROVISIONS
1.01 APPLICABILITY
These Hearing Examiner Rules (Rules) are adopted to supplement the ordinance
requirements for matters within the Hearing Examiner's jurisdiction and govern
administrative practice and procedures before the Hearing Examiner. In any case of conflict
between a Hearing Examiner Rule (HER) and the Tukwila Municipal Code (Code), the
Code shall control.
1.02 EFFECTIVE DATE
These Rules shall apply to all matters filed' with or otherwise properly before the Hearing
Examiner on or after the effective date of adoption of these Rules by the City Council.
1.03 INTERPRETATION OF RULES
(a) The Hearing Examiner shall interpret the Hearing Examiner Rules of Practice
and Procedure and determine how the Rules apply in specific instances. An affected party
may petition the Hearing Examiner during the pendency of an appeal to request a declaratory
ruling regarding the applicability of these Rules to specific actual circumstances. Except
during a hearing, such request must be in writing and clearly identify the subject Rule(s) and
describe the circumstances for which the declaratory ruling is sought.
(b) Where questions of practice and procedure arise that are not addressed by
these Rules, the Hearing Examiner shall determine the practice or procedure that she or he
deems most appropriate and consistent with providing fair treatment and due process. In
making such determinations, the Hearing Examiner may look to the current Civil Rules of
Superior Court for guidance.
SECTION 2 RULES OF GENERAL APPLICATION
2.01 SCOPE
Rules in this section apply generally to all matters where the Hearing Examiner has authority
to decide or recommend the outcome.
2.02 DEFINITIONS
The following definitions shall apply unless the context or subject matter requires otherwise:
(a) "Affidavit" - a written or printed statement declared or certified to be true and
correct under penalty of perjury under the laws of the state of Washington.
(b) "Appeal" - a challenge to a decision or other action where the Code or other
authority authorizes the City's Hearing Examiner to review and decide.
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(c) "Appeal hearing" - a hearing held by the Hearing Examiner to consider an
appeal of a decision or other action where the Hearing Examiner has been granted
jurisdiction to hear and decide such an appeal. In these Rules an "appeal hearing" is
distinguished from a "public hearing" where the Hearing Examiner is empowered to make a
recommendation to the City Council, rather than to make a decision on an appeal.
( d) "Appellant" - the person( s), organization, association, corporation, or other
entity who files a complete and timely appeal of a decision or other appealed action.
( e) "Applicant" - the person( s), organization, association, corporation or other
entity who files an application or otherwise formally requests a pennit or other type of City
action, interpretation, or authorization whic~ is the subject of an appeal or other review by
the Hearing Examiner.
(f) "Code" - Tukwila Municipal Code (TMC).
(g) "Days" - calendar days.
(h) "Department" - the department, agency, board, commission or other City
entity responsible for the decision or action that is subject to appeal or other review by the
Hearing Examiner.
(i) "Director" - the head of the department, agency, board or commission, or
other unit of City government responsible for the decision or other action that is subject to
appeal or other review by the Hearing Examiner.
U) "Examiner" - the Hearing Examiner, or a Deputy Hearing Examiner or a
Hearing Examiner Pro Tempore who has been delegated responsibility by the Hearing
Examiner to conduct the hearing or otherwise preside over a particular matter.
(k) "Ex parte communication" - a communication between one party and the
Examiner in the absence of the other party( s).
(1) "Hearing Examiner" - the official f_o!!~?:<?!e_(L~~!hJh~__g~!Y-J~_~~~~__~_~_~h~__,------{ Deleted: appointed by
City's Hearing Examiner; also used when referring to a Deputy Hearing Examiner or - - - - - Deleted: Council pursuant to ThlC '
Hearing Examiner Pro Tempore appointed by the Hearing Examiner to preside over a Chapter 2.76,
particular matter.
(m) "Interested person" - any individual, or public or private organization of any
character, significantly affected by or interested in proceedings before the Hearing Examiner,
including any party.
(n) "Motion" - a request made to the Hearing Examiner, whether written or oral,
for an order or other ruling.
(0) "Offer of proof' - a chance to state for the record what the evidence would
have shown if it had been admitted.
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(P) "Order" - a ruling, instruction, or other directive issued by the Hearing
Examiner in response to a request or motion by a party, or on the Hearing Examiner's own
initiative. Where the underlying ordinance establishing the Hearing Examiner jurisdiction so
provides, an order can direct how the Hearing Examiner's decision is to be implemented and
may be issued as part of that decision or separately from it.
(q) "Party" - the person(s), group, organization, corporation, or other entity that
has filed an appeal, or is granted right of appeal automatically by ordinance; the person(s),
group, organization, corporation, or other entity granted party status through intervention;
Director of the City department or other agency that made the decision or took the action that
is subject to the appeal; the person(s), group, organization, corporation, or other entity who
filed the application, request, or petition for a permit or other type of City authorization or
action which is the subject of the appeal; and the owner(s) of the property subject to the City
decision or other action.
(r) "Public hearing" - a hearing held by the Hearing Examiner for the purpose of
preparing a recommendation for the City Council (see "Appeal hearing").
(s) "Representative" - that individual designated by a party to be the official
contact person and to speak for the party. Unless the applicable underlying substantive law
or regulation establishing the Hearing Examiner's jurisdiction specifies otherwise, a
representative is not required to be an attorney.
(t)
adopted.
"Rules" - the Hearing Examiner Rules of Practice and Procedure, as currently
(u) "Timely" - within the time prescribed by applicable ordinance or, in the
absence of ordinance provision, the time prescribed by Hearing Examiner rule, or within the
time determined by the Hearing Examiner.
2.03 COMPUTATION OF TIME
Except as otherwise provided by the Code, computation of any period of time prescribed or
allowed for matters before the Hearing Examiner shall begin with the first day following that
on which the act or event initiating such period of time shall have occurred. When the last
day of the period so computed is a Saturday, Sunday, or national, state or City holiday, the
period shall extend to the end of the next business daY.-.___________uu_______m____u_m___mm___h______------
2.04 FILING AND SERVICE OF DOCUMENTS
(a) Documents shall be deemed filed with the Hearing Examiner on receipt at the
Office of Hearing Examiner unless the Hearing Examiner has specified otherwise.
(b) Documents shall be served personally or, unless otherwise provided by
applicable ordinance, by [lIst-class, registered, or certified mail, or by facsimile (fax)
transmission, or, in the case of service to City agencies, by the City's regular interoffice
mail. Service shall be regarded as complete upon deposit in the regular facilities of the U.S.
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office is open for business
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Mail of a properly stamped and addressed letter or packet, or at the time personally
delivered, or transmitted by fax.
2.05 SCHEDULING HEARINGS
Promptly following receipt of a valid appeal, City staff shall schedule a hearing consistent
with the requirements of the applicable ordinance(s) and these Rules with the Hearing
Examiner.
2.06 CONSOLIDATION
Where practical, feasible, and consistent with ordinance requirements, all matters under the
jurisdiction of the Hearing Examiner relating to the same matter should be consolidated for
hearing. The Hearing Examiner may order consolidation with or without a request from any
party.
2.07 PREHEARING CONFERENCE
(a) The Hearing Examiner may on his or her own order, or at the request of a
party, hold a conference prior to the hearing to consider:
(1) Identification, clarification, and simplification of the issues;
(2) Disclosure of witnesses to be called and exhibits to be presented;
(3) Motions;
(4) The possibility of obtaining stipulations relating to undisputed facts,
the admission of documents, or other matters which will avoid
unnecessary proof;
(5) The conduct of reasonable discovery prior to hearing;
(6) Settlement of the appeal; and/or
(7) Other matters deemed by the Hearing Examiner appropriate for the
orderly and expeditious disposition of the proceedings.
(b) Prehearing conferences may be held by telephone conference call.
( c) The Hearing Examiner shall give notice to all parties of any prehearing
conference. Notice may be written or oral.
(d) All parties shall be represented at any prehearing conference unless they
waive the right to be present or represented, and are granted permissIon by the Hearing
Examiner not to attend.
(e) Following the prehearing conference, the Hearing Examiner may issue an
order reciting the actions taken or ruling on motions made at the conference.
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2.08 INTERFERENCE PROHIBITED
In the performance of adjudicative functions in deciding appeals and in the preparation of
recommendations, the Hearing Examiner is an independent official and shall not be
responsible to or subject to the supervision or direction of any elected official, officer or
employee of any department, or any other person whether or not associated with Tukwila
City government.
2.09 PRESIDING OFFICIAL
(a) The Hearing Examiner shall assign a duly qualified Examiner to preside over
hearings held under these Rules.
(b) The Examiner conducting a hearing shall have the duty to ensure a fair and
impartial he(\ring, to take all necessary action to avoid undue delay in the disposition of
proceedings, to gather facts necessary to make the decision or recommendation, and to
maintain order. The Examiner shall have all powers necessary to these ends, including, but
not necessarily limited to the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
2.10 WITNESSES
Determine the order of presentation of evidence;
Administer oaths and affirmations;
Issue subpoenas;
Rule on offers of proof and receive evidence;
Rule on procedural matters, objections and motions;
Question witnesses and request additional exhibits;
Penmt or require oral or written argument or briefs and determine the
timing and format for such submittals;
Regulate the course of the hearings and the conduct of the parties and
others so as to maintain order and provide for fair hearing;
Hold conferences for settlement, simplification of issues, or for any
other proper purpose; and
Make and issue the decision or recommendation.
(a) All witnesses testifying at hearing must take an oath or affirmation to be
truthful. All witnesses are subject to cross-examination by the other party(s).
(b) The rules of privilege shall be effective to the extent recognized by law.
(c) Hearing Examiner hearings are open to the public. However, in appeal
hearings, persons who are not parties are generally not permitted to testify unless called as
witnesses.
( d) 111e Examiner may limit the length of testimony to expedite the proceedings
and avoid the necessity to continue the hearing. Maximum practicable advance notice will
be provided if such time limitations are to be imposed. If parties are unable to complete
their arguments and testimony within the allotted time, an opportunity will be granted to
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submit written materials after the close of the hearing; other parties will be allowed an
opportunity to offer written rebuttal to any such materials.
( e) At the discretion of the Examiner, or where the parties agree and the rights of
the parties will not be prejudiced, the Examiner may allow testimony via telephone or
television or similar electronic means. Each party to the proceeding shall have the
opportunity to hear (or, if televised, to both hear and see) testimony given in this manner and
to question the person giving such testimony.
2.11 MOTIONS
( a) All motions, other than those made during a hearing, shall be in writing, and
shall state the order or relief requested and the grounds for the motion. Every motion and
answering statement, and accompanying papers, shall be served on each party representative
on the day it is filed with the Hearing Examiner.
(b) Within seven (7) days after service of any written motion, or such longer or
shorter period of time as may be designated by the Hearing Examiner, the other party( s) shall
file a written answer. When the Hearing Examiner has received the answering statement(s),
or the seven (7) days or other period of time designated by the Hearing Examiner has
elapsed, the Hearing Examiner shall rule on the motion. Failure of a party to file a timely
response may be considered by the Hearing Examiner as evidence of that party's consent to
the motion.
(c) The Hearing Examiner may call for oral argument prior to ruling.
(d) For motions made at hearing or for motions made for the extension of time or
the expedition of hearings, the Hearing Examiner may waive the requirements of this section
and may also rule upon such motions orally.
2.12 HEARING ON WRITIEN SUBMISSIONS
When the parties so agree, an appeal may be submitted entirely on written submissions. If
this option is selected, the Examiner shall establish a schedule for initial responsive
submissions. The record shall close when this schedule is complete.
2.13 EVIDENCE
( a) Evidence, including hearsay, may be admitted if, in the judgment of the
Examiner, it is relevant to the issue(s) on appeal, comes from a reliable source, and has
probative (proving) value. Such evidence is that which would commonly be relied upon by
responsible persons in the conduct of their important affairs.
(b) The Examiner may exclude evidence that is irrelevant, um-eliable, immaterial,
unduly repetitive, or privileged.
(c) Opinion evidence presented by non-experts at appeal hearings is discouraged
but may be admitted, although it need not be given weight by the Examiner.
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(d) Documentary evidence may be received in the fonn of copies or excerpts.
The Examiner may require that the parties be given an opportunity to compare the copy with
the original, and require that the complete document from which an excerpt is taken be made
available for inspection by all parties.
2.14 OFFICIAL NOTICE
(a) The Examiner may take official notice of judicially cognizable facts. In
addition, the Examiner may take notice of general, technical, or scientific facts within his or
her specialized knowledge.
(b) Parties must be notified duririg the hearing, or before issuance of the decision,
of the specified facts or material noticed and the source thereof, and afforded an opportunity
to contest or rebut the facts or material so noticed. The Examiner shall not take such notice
of disputed adjudicative facts that are at the center of an appeal.
(c) A Hearing Examiner ruling, decision, or recommendation may refer to and
utilize any part of the Code and any issued Hearing Examiner decision.
2.15 SITE INSPECTION
Where it would assist the Examiner in clarifying or understanding the evidence adduced at
hearing, the Examiner may inspect property subject to an appeal or recommendation prior to
the close of the record. However, observations made at such an inspection are not evidence
and shall not be considered as such.
2.16 CONTINUING OR REOPENING HEARING
( a) A scheduled hearing may be continued for good cause as determined by the
Hearing Examiner. Written notice of the date, time, and place of the continued hearing shall
be provided to each party. The notice of a rescheduled hearing need not observe the time
requirements to which the original notice was subject.
(b) Requests for continuance must be made to the Examiner's office no later than
48 hours prior to the scheduled hearing time.
(c) Prior to the issuance of the subject decision or recommendation, the
Examiner may continue or reopen proceedings for good cause and may pennit or require
written briefs or oral argument.
(d) If the Examiner detennines at hearing that there is good cause to continue
such proceeding and then and there specifies the date, time, and place of the new hearing, no
further notice is required.
( e) If a matter is reopened after conclusion of the hearing, parties shall be
provided not less than ten (10) days notice of the reopened hearing.
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2.17 LEAVING THE RECORD OPEN
(a) The Examiner may leave the record of hearing open at the conclusion of a
hearing in order to receive argument or for other good purpose. Parties shall be provided
notice of the consideration of any evidence received after hearing and shall have an
opportunity to review such evidence and to file rebuttal evidence or argument.
(b) Except as provided for in HER 2.16 and HER 2.19, information submitted
after the close of the record shall not be included in the hearing record or considered by the
Examiner making the decision or recommendation.
2.18 DISTRIBUTION OF DECISIONS AND RECOMMENDATIONS
A copy of the Hearing Examiner's decision or recommendation shall be distributed to each
party representative, to those persons who have specifically requested a copy, and to others
as specified by applicable ordinance(s).
2.19 REMAND
(a) Prior to the issuance of the Hearing Examiner's recommendation or Hearing
Examiner's decision on an appeal, if the Examiner detennines that information, analysis, or
other material necessary to the Hearing Examiner's recommendation has not been provided,
or, in the case of an appeal, that there is a lack of information, analysis, or other material
needed to satisfy the provisions of relevant regulations, the matter may be remanded to the
Department for the addition of that information, analysis, or other material.
(b) vVhere the Hearing Examiner's decision is to remand the matter to the
Department for additional information, analyses, or other material, the Hearing Examiner
shall retain jurisdiction in order to review the adequacy of that information, analysis, or other
material. The decision shall expressly state that jurisdiction is retained and what
information, analysis, or other material is to be provided, and it may indicate when it is to be
submitted. A copy of that information, analysis, or other material shall also be provided to
each party to the proceeding, except that where the size or condition of the required
materials makes copying impractical, notification to the other parties of the submittal shall
be sufficient. The parties shall have an opportunity to review, comment upon, and submit
rebuttal to the information, analysis, or other material submitted. At the discretion of the
Examiner, the hearing may be reopened following such submittal.
(c) Where the decision of the Hearing Examiner is to remand for the preparation
of a new departmental decision, the Hearing Examiner's jurisdiction is terminated and the
Director's subsequent decision shall be issued and subject to appeal in accordance with
applicable ordinance(s).
2.20 CLERICAL ERRORS
Clerical mistakes in decisions, recommendations, orders, or other parts of the record, and
errors arising from oversight or omission, may be corrected by Order at the Hearing
Examiner's initiation, or in response to the motion of any party.
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2.21 PROCEEDINGS RECORDED
All proceedings before the Hearing Examiner shall be electronically recorded. The
recordings of hearings shall be part of the official case record. Copies of the recordings shall
be made available to the public upon request, subject to payment of a reasonable fee for
copying.
2.22 DISCLOSURE OF PUBLIC RECORDS
Hearing Examiner decisions and recommendations, the hearing record, and associated
official files, are public records and shall be ~vailable for public review.
2.23 TRANSCRIPT OF PROCEEDINGS
(a) Anyone desiring a certified transcript of a hearing must obtain a duplicate
copy of the hearing tapes from the Office of Hearing Examiner and be responsible for
arranging and paying for the preparation of a verbatim transcript. See also HER 2.21. The
completed transcript must be returned to the Hearing Examiner for certification.
(b) The parties shall have an opportunity to review and comment on the
transcript. The Hearing Examiner shall resolve conflicts as to fonn and content of the
transcript and provide a certification when such disputes are resolved and the Examiner is
satisfied that the transcript provides a reliable record of the proceedings.
2.24 RETENTION OF RECORDS
The case file, including the tape recording( s) and exhibits, shall be retained by the Office of
Hearing Examiner consistent with the requirements of the Public Records Act and applicable
retention schedules.
2.25 TRANSMITTAL OF RECORDS
The Hearing Examiner shall promptly transmit the official records of a case upon the request
of an entity having jurisdiction to review the decision or recommendation.
SECTION 3 APPEAL RULES
In addition to the Rules of General Application in Section 2, the Rules in Section 3 shall
apply to appeals. In the event of conflict between the rules in Section 2 and the rules in
Section 3, Section 3 shall control.
3.01 FILING
(a) Compliance with Rules. All appeals must comply with these Rules and with
the requirements established in the applicable ordinance( s) under which the appeal is filed.
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(b) Contents. A Notice of Appea~_J?:1:l!-~_tJ~~}~_~Yrt~~g_~~~_~~~t_~!~_th~X<?D5?Y~7AI?-g:_____------{ Deleted: n appeal
(1) A brief statement as to how the appellant is significantly affected by
or interested in the matter appealed;
(2) A brief statement of the appellant's issues on appeal, noting
appellant's specific exceptions and objections to the decision or action
being appealed;
(3) The relief requested, such as reversal or modification; and
(4) Signature, address, and phone number of the appellant, and name and
address of appellant's designated representative, if any.
(c) Multiple appeals. More than one appeal may be filed concerning the same
appealable decision or other action.
(d) The Notice of Appeal shall be accompanied by any filing fee required by law.
Filing of the appeal shall not be complete until both the Notice of Appeal and any required
filing fee have been received. For an appeal to be timely, filing must be complete before the
appeal period has expired.
3.02 DISMISSAL
(a) An appeal may be dismissed without a hearing if the Hearing Examiner
determines that it fails to state a claim for which the Hearing Examiner has jurisdiction to
grant relief, or it is without merit on its face, frivolous, or brought merely to secure delay.
(b) Any party may request dismissal of all or part of an appeal at any time with
notice to all parties. The Hearing Examiner may make a ruling on a motion to dismiss based
upon written arguments or may call for oral arguments.
( c) When the decision or action being appealed is withdrawn by the issuing
Department, the appeal becomes moot and shall be dismissed.
3.03 WITHDRAWAL
( a) An appeal may be withdrawn only by the appellant.
(b) Where an appeal is made by several persons, a group, organization,
corporation, or other entity, withdrawal shall be made by the person who had been
designated as the party representative. See HER 3.04.
(c) An appellant's request to withdraw shall be granted as a matter of right and
the appeal dismissed by order of the Examiner.
(d) A withdrawal request shall be made in writing by the appellant.
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3.04 PARTY REPRESENTATNE REQUIRED
When a party consists of more than one individual, or is a group, organization, corporation,
or other entity, the party shall designate an individual to be its representative and infonn the
Hearing Examiner of the name, address and telephone number of that designated
representative. The rights of such an appellant shall be exercised by the person designated
as the party representative. Notice or other communication to the party representative is
notice or communication to the party. See also HER 3.05.
3.05 NOTICE OF APPEARANCE
When a party is represented by an attorney, the attorney shall file a notice of appearance with
the Hearing Examiner and send a copy of that notice to the other parties. Where the
appellant's attorney filed the appeal and indicated his/her representative capacity, a notice of
appearance does not need to be filed. The notice of appearance shall serve to designate the
attorney as the party representative. See HER 3.04. If a notice of appearance is filed less
than 48 hours prior to a scheduled hearing, the City shall be notified by the Examiner, and at
the City's discretion, the matter will be rescheduled so that counsel for the City may be
present at the hearing.
3.06 INTERVENTION
(a) Upon a showing of a substantial or significant interest that is not otherwise
adequately represented, the Hearing Examiner may pennit an interested person, group,
organization, corporation, or other entity who has not filed an appeal to participate in that
appeal.
(b) Except as provided in HER 3.06(d), a written request for intervention must be
submitted to the Hearing Examiner at least five (5) days prior to the day on which the
hearing begins. The intervention request must state the basis for the intervention and how
the person, group, organization, corporation, or other entity making the request is affected by
or interested in the matter appealed. In considering the requested intervention, the Hearing
Examiner shall seek to ensure that intervention will not unduly delay the hearing process,
will not expand the issues beyond those within the appeal, and will not prejudice the rights
of any of the original parties. In granting intervention, the Hearing Examiner may limit the
nature and scope of the intervention.
( c) Intervention is not a substitute means of appealing a decision for those who
could have appealed but failed to do so. '
(d) A substantially or significantly interested person, group, organization,
corporation, or other entity who has not filed an appeal, may be allowed to intervene for the
purpose of preserving the right of subsequent appeal. Such intervention may be pennitted at
any time up to the time of hearing.
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3.07 NOTICE OF HEARING
(a) Contents. The notice of hearing shall include:
(1) The time, place, and nature of the hearing;
(2) The legal authority and jurisdiction for the hearing;
(3) The file number, address, or other identifying infonnation for the
underlying decision or action being appealed;
(4) A brief statement as to the issue(s) to be considered; and
(5) Reference to the applicable Code section(s).
(b) Time. Notice of the hearing shall be given within the time required by applicable
ordinance(s). If the time for notice of hearing is not specified by the applicable ordinance(s),
or applicable ordinances conflict, minimum notice shall be 20 days.
(c) Responsibility. The City of Tukwila shall be responsible for serving notice of
hearing.
(d) Method of Service. Notice of hearing shall be given to each party in person, by
U.S. mail, or for City departments, by regular interoffice mail service, unless otherwise
required by applicable ordinance.
( e) Record of Notice. A copy of the notice of hearing shall be made part of each
official case record.
3.08 DISCOVERY
Appropriate prehearing discovery is permitted. The Hearing Examiner may prohibit or limit
discovery where the Hearing Examiner detennines it to be unduly burdensome, harassing, or
unnecessary under the circumstances of the appeal.
3.09 SUBPOENAS
( a) A request or motion may be made in writing for a subpoena to require a
person to appear and testify at a hearing, or for a person to produce specified documents or
other physical exhibits at a prehearing conference or at hearing.
(b) A request for a subpoena for a person shall: include the.person's name and
address; show the relevance of that person's testimony; and, demonstrate the reasonableness
of the scope of the subpoena sought. A request for a subpoena for documents or other
physical exhibits shall: include the name and address of the person who is to produce the
documents or other physical exhibit; specify the materials to be produced; indicate the
relevance of the materials subpoenaed to the issues on appeal; and, demonstrate the
reasonableness of the scope of the subpoena sought.
(c) The party requesting the subpoena shall be responsible for serving the
subpoena. An affidavit or declaration of personal service or of mailing shall be submitted to
the Hearing Examiner as proof of that service.
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( d) Except as otherwise allowed by the Hearing Examiner, subpoenas shall be
served no less than seven (7) days prior to the appearance or production ordered.
(e) A subpoena may be issued with like effect by an attorney of record in the
proceeding. The issuing attorney must sign the subpoena.
(f) Any motion to limit or quash (i.e., vacate or void) a subpoena shall be filed
with the Hearing Examiner within seven (7) days of receipt of the subpoena or such other
time as specified by the Hearing Examiner.
(g) Requests for subpoenas and the rulings upon such requests may be made ex
parte unless otherwise ordered by the Hearing Examiner.
3.10 DEFAULT
The Hearing Examiner may dismiss an appeal by an order of default where the appellant,
without good cause, fails to appear or is unprepared to proceed at a scheduled and properly
noticed hearing.
3.11 HEARING FORMAT
(a) Appeal hearings, although generally infonnal in nature, shall have a
structured fonnat and shall be conducted in a manner deemed by the Examiner to make the
relevant evidence most readily and efficiently available to the Examiner and to provide the
parties a fair opportunity for hearing.
(b) Where the Code provides that the appellant must overcome deference
accorded the Director's decision being appealed, the order of hearing is generally as follows:
(1) Examiner's introductory statement;
(2) Parties' opening statements (optional);
(3) Appellant's presentation of evidence;
(4) Department's presentation of evidence;
(5) Applicant's presentation of evidence (if applicant is not the appellant);
(6) Rebuttal; and
(7) Closing argument of parties.
(c) Where no deference is accorded the Director's decision, the order of hearing
for appeals is generally as follows:
(1) Examiner's introductory statement;
(2) Parties' opening statements (optional);
(3) Department's presentation of evidence;
(4) Appellant's presentation of evidence;
(5) Applicant's presentation of evidence (if applicant is not the appellant);
(6) Rebuttal; and
(7) Closing argument of parties.
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(d) Notwithstanding the provisions of HER 3.11(b) and (c), the order of hearing
may be modified or a different order established as the Examiner deems necessary for the
clear and fair presentation of evidence. The order of the hearing may also be modified as
agreed upon by the parties with the Examiner's approval.
(e) The order of presentation at hearing shall not alter or shift any burden( s) or
presumption(s) established by applicable law(s).
3.12 RECORD
(a) The record of an appeal shall include:
(1) Department's decision or action being appealed;
(2) Appeal statement;
(3) Evidence received or considered;
(4) Pleadings, procedural rulings, and other non-evidentiary materials that
are part of the Hearing Examiner's file;
(5) Statement of matters officially noticed, if any;
(6) Findings, conclusions and decision of the Hearing Examiner; and
(7) Tape recording of the hearing.
(b) The Hearing Examiner's administrative file on an appeal case may include
other information or materials which are not part of the evidentiary record.
3.13 RECONSIDERATION
(a) Reconsideration may be granted by the Hearing Examiner on a showing of
one or more of the following:
(1) Irregularity in the proceedings by which the moving party was
prevented from having a fair hearing;
(2) Newly discovered evidence of a material nature which could not, with
reasonable diligence, have been produced at hearing;
(3) Error in the computation of the amount of damages or other monetary
element of the decision; or
(4) Clear mistake as to a material fact.
(b) Motions for reconsideration must be filed within 10 days of the date of the
Hearing Examiner's decision. Unless otherwise specifically provided by the applicable
ordinance(s), the filing of a motion for reconsideration shall not stop or alter the running of
the period provided to appeal the Hearing Examiner's decision.
3.14 SUBSEQUENT APPEAL
Hearing Examiner decisions may be appealed as provided for in applicable law. Information
regarding subsequent appeal opportunities shall be provided as a postscript on the Hearing
Examiner decision.
Page 14
C:\DOCUME-l \jane\LOCALS-l \Temp\HEARIN-l.DOC
fr}fO)wRlr
L!) un L~ tr U
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING THE CITY OF TUKWILA HEARING
EXAMINER RULES OF PRACTICE AND PROCEDURE.
WHEREAS, on May 5{ 1997, the City Council passed Ordinance No. 1796,
establishing the office of Hearing Examiner for the purpose of presiding over appeals;
and
WHEREAS, the City of Tukwila contracts for the services of Hearing Examiner;
and
WHEREAS, the City of Tukwila accordingly desires to adopt rules of practice and
procedure for the Hearing Examiner to follow when hearing matters on behalf of
Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOL YES AS FOLLOWS:
The City of Tukwila hereby adopts by reference, as if fully set forth herein, the
"Hearing Examiner Rules of Practice and Procedure," attached hereto as "Exhibit A."
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of . 2005.
ATTEST/ AUTHENTICATED:
Pamela Under, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Hearing Examiner Rules SK.1m 5/6/2005
Page 1 of 1
Finance and Safety Committee
May 2,2005
Present:
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Kevin Fuhrer, Rhonda Berry, Shelley Kerslake, Don Lincoln, Lucy Lauterbach
1. Move to 6300 Building Using Drug Seizure Funds The Police Department would like to
move some of their offices to the rooms in the 6300 building that were formerly occupied by the
School District. Funds are needed to repair and furnish the rooms. Don said there are adequate
drug seizure funds to cover the cost qf the repairs, new carpeting, and furniture. Costs will be
approximately $22,000. The drug seizure fund now has $78,000 with a $50,000 rollover from
2004 and $28,000 funds added this year. Pam asked if the seizure fund had to be used for
specific purposes. Shelley said that the use of drug seizure funds was restricted to enhancing
and/or buying equipment for drug enforcement activities. There will be three phases to the move.
First major crimes will move, and new \tviring and half the carpet will be replaced. Then after the
other half of the office is improved, the T AC team and volunteers will be moved in. In the third
phase traffic will be moved into the 6300. The entire move should be completed by mid-July.
Dennis asked how much the space had rented for when the school district was there which Kevin
will check on. All three committee members signed the purchase orders for the unbudgeted
capital requests. Approve move~ report to Council.
*
2. Hearing Examiner Resolution Shelley reviewed the extensive Rules of Practice, which she
said were a combination of some state rules and some locally accepted practice rules. Seattle is
satisfied with these rules. Pam and Dennis had comments and questions about points within the
document, which Shelley noted. Move the Hearing Examiner Rules Resolution to COW.
2. Hearine Examiner Issues Shelley brought up two issues she said she had found in
reviewing hearing examiner rules. The first was that there are currently no city fees charged for
appealing issues to the hearing examiner. Almost every other city charges for an appeal, and the
charges are between $100-$1,000, with most in the $500-$750 range. The committee members
wanted to know what kind of issues go to the hearing examiner, and Pam asked that the fee be
related to other DCD permits. Dave asked how the issues related to ethics, and was told they are
mostly land use and code enforcement issues. Shelley will recommend a fee or a range of fees
for consideration.
The other issue she brought up was the fact that most other city councils do not hear quasi-
judicial cases, but instead refer them to a hearing examiner. Dave was willing to consider this
favorably. Pam said she thought it was time to consider the issue. Dennis said of two recent
quasi-judicial cases the Council had heard, he thought Council had not added value to the
Winners/Joanne Fabric case, but they did have a positive impact on the Sound Transit quasi-
judicial issue. Shelley suggested the City might want to look at assigning closed appeal cases to a
hearing examiner, and if they felt more comfortable later, could later look at also turning over
open appeals. Reschedule two issues.
t COUNCIL D. SvNoPsI E
4 r Inmtlals ITEM 1 °I O.
1
0
1�` t G Meeting Date Prepared by I Mayor's review Council review tl -s% 5/09/05 OG, r :I PSG
i s
1
ITEM INFORMATION
CAS NUMBER: 05-074 ORIGINAL AGENDA DATE: MAY 9, 2005
AGENDA ITEM TITLE Interlocal Agreement with City of Seattle for the Overlay and Repair of 16 Ave S.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Publzc Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: 3/09/05
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PI/
SPONSOR'S In 2004, the City of Seattle approached Tukwila with an offer to pave the Tukwila portion
SUMMARY of 16 Ave S using the City of Seattle asphalt paving crew for a fixed cost of $45,000. The
Interlocal Agreement defines the responsibilities of each jurisdiction. This portion of the
roadway was scheduled for overlay in 2004 but was delayed due to the proposal. Our
preliminary cost estimate for the overlay was $62,639, so we will save over $17,639, to be
used for the 2005 Overlay and Repair Program.
REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: 4/25/05
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign interlocal agreement with City of Seattle
COMMTT'I'EE Forward to COW and then Regular with approval.
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$45,000.00 $63,000.00
Fund Source: 104.2 Commercial Streets (page 48, 2005 CIP)
Comments: Total Budget for construction of Overlay and Repair is $1,021,000. Portion for 16 Ave S budget was $63, 000.
MTG. DATE RECORD OF COUNCIL ACTION
5/09/05
MTG. DATE ATTACHMENTS
5/09/05 Information Memo dated April 26, 2005 (revised after UC meeting)
Engineer's Cost Estimate
Interlocal Agreement with City of Seattle
Exhibits include Letter from Seattle Dept of Transportation and two vicinity maps
Transportation Committee Meeting Minutes from April 25, 2005
INFORI\1ATION MEMO
To:
From:
Date:
Subj ect:
Mayor Mullet
Public W arks Directo~
April 26, 2005
Interlocal Agreement with City of Seattle
Overlay and Repair of l~h Ave S
ISSUE
Authorize the Mayor to execute an Interlocal Agreement with the City of Seattle
regarding overlay and repair of 16th Ave S.
BACKGROUND
The City of Seattle approached Tukwila in 2004 with an offer to pave the Tukwila
portion of 16th Ave S using the City of Seattle asphalt paving crew for a fIXed fee cost
of $45,000, all inclusive. Tukwila had reached 50% design of this roadway section
and our preliminary cost estimate (attached) was $62,639. All design work was put on
hold and this segment was removed from the 2004 Overlay Program.
ANALYSIS
City of Seattle has prepared and executed an Inter local Agreement that defines the
responsibilities of each jurisdiction. This agreement not only saves an estimated
$17,639 in 2004 dollars, it also saves the engineering and administrative costs. The
savings will be used by the 2005 Overlay Program.
RECOMMENDATION
Authorize the Mayor to execute an Interlocal Agreement with the City of Seattle.
BG:ad
attachments: cost estimate
April 13, 2005, letter
Interlocal Agreement
(p:Bob\Info Memo Seattle Interlocal - 16" Ave S)
/'
CITY OF TUKWILA
DEPARTMENT OF PUBLIC WORKS
2004 Overlay Program. 50% Submittal
Engineer's Estimate with Breakdown by Project
Site no. 7
16th Ave
Section Unit Qty Total
No. No. Item Unit Cost Cost
Roadway
1 1-09 Mobilization LS $71,587 1 $ 5,177
2 1-07 Temporary Water Pollution I Erosion Control FA $5,000 1 $ 500
3 1-07 Resolution of Utility Conflicts FA $4,000 1 $ 500
4 1-10 Traffic Control Labor HR $36 320 $ 11 ,520
5 2-02 Removing Pavement Markings LS $6,000 1 $ 1,000
6 2-03 Pavement Repair Excavation incl. Haul SY $10 0 $ -
7 2-03 Unsuitable Foundation Excavation CY $15 0 $ -
8 2-03 Gravel Borrow including Haul TN $16 0 $ -
9 2-12 Construction Geotextile SY $3 0 $ -
10 5-04 Removing Thickened Edge LF $10 0 $ -
11 5-04 ACP Class B TN $42 273 $ 11 ,466
12 5-04 ACP Class B for Prelevel TN $45 33 $ 1 ,485
13 5-04 ACP Class B for Pavement Repair TN $60 0 $ -
14 5-04 ACP Thickened Edge LF $1 0 $ -
15 5-04 Planing Bituminous Pavement SY $6 2,502 $ 15,012
16 5-04 Paving Fabric SY $2 2,277 $ 4,554
17 5-04 Joint I Crack Sealing FA $4,100 1 $ 1,000
18 7-05 Adjust Sanitary Sewer Manhole EA $300 0 $ -
19 7-12 Adjust Water Valve EA $250 0 $ -
20 8-13 Adjust Monument EA $250 0 $ -
21 8-20 Adjust Junction Box EA $250 0 $ -
Storm Drainage
22 7-05 Adjust Catch Basin EA $400 0 $ -
23 7-05 Replace Catch Basin Grate EA $150 6 $ 900
Traffic Control Devices
24 8-09 Raised Pavement Marker, Type 1 EA $3 405 $ 1,215
25 8-09 Raised Pavement Marker, Type 2 EA $5 90 $ 450
26 8-20 Loop Detectors EA $600 0 $ -
27 8-22 Plastic Arrow EA $150 0 $ -
28 8-22 Plastic CB Marking EA $50 2 $ 100
29 8-22 Plastic Stripe, 4 inch LF $2 533 $ 1,066
30 8-22 Plastic Stripe, 12 inch LF $6 0 $ -
31 8-22 Plastic Stripe, 24 inch LF $12 0 $ -
Roadside Development
32 8-31 Edge Restoration LF $2 0 $ -
33 1-07 Property Restoration FA $10,000 1 $ 1,000
Subtotal $ 56,945
Contingency (10%) $ 5,694
TOTAL ESTIMATED CONSTRUCTION COST $ 62,639
Au~INTERLOCALAGREEMENT
BETWEEN
CITY OF SEATTLE, W A
AND
CITY OF TUKWILA, W A
THIS AGREEMENT is made as of this _ day of , 2005, by and
between the CITY OF SEATTLE, a municipal corporation of the State of Washington,
hereinafter referred to as "SEATTLE" and the CITY OF TUKWILA, a municipal
corporation of the State of Washington, hereinafter referred to as "TUKWILA."
WHEREAS, Sixteenth Avenue South between East Marginal Way and the Fourteenth
Avenue Bridge requires resurfacing because of wear and tear from heavy traffic and
exposure to the elements, and
WHEREAS, SEA TILE intends to resurface its portion of Sixteenth Avenue South from
East Marginal Way to the monument marking the city limit as part of its 2005 Arterial
Resurfacing Program, and
WHEREAS, TUKWILA desires that its portion of Sixteenth Avenue South be
resurfaced, and it is in the best public interest to have the entire roadway resurfaced at
one time as part of the same resurfacing operation.
NOW, THEREFORE, the parties hereto agree to the participation by TUKWILA in the
cost of said resurfacing of Sixteenth Avenue South in accordance with the terms of this
agreement as follows:
I
SCOPE
SEATTLE will resurface Sixteenth Avenue South from East Marginal Way to the
Fourteenth Avenue South Bridge. The project scope is described in Exhibit A. The
resurfacing will be conducted in accordance with the 2005 edition of Seattle's Standard
Plans and Specifications and will be implemented by city forces.
II
PAYMENT
TUKWILA will contribute a fixed fee of $45,000 to the project as described in Exhibit A.
This amount has been calculated based on the surface area of pavement within
TUKWILA's jurisdiction and using typical unit costs for arterial resurfacing by
SEATTLE city forces with a 15 percent contingency included. SEATTLE will be
responsible for any project costs over and above the fixed fee amount.
TUKWILA will provide its contribution by June 30, 2005 so that the project can be
scheduled as planned, TUK\VILA shall pay by check made out to "City of Seattle," in the
amount of $45,000 to be deposited with the City of Seattle. These funds will be
earmarked for "Sixteenth Avenue South Resurfacing". This amount represents
TUKWILA's entire contribution to this proj ect. SEATTLE will cover the rest of the
proj ect cost from budgeted funds, as described.
EXHIBIT A: letter proposal attached.
EXHIBIT B: map attached showing location of proposed resurfacing proj ect.
IN WITNESS THEREOF, the undersigned parties have executed this agreement as of the
day and year first above written.
;; OF SEATTLE
~U'Z~
j M{ Grace Crunican .
- \) . Director
Seattle Department of Transportation
CITY OF TUKWILA
c; xt-t \ b\l A
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~ec_ E~\ ~ ~,.. Gregory J. Nickels, lVIayor
-."'~ - "~:i!~EC
Grace Crunican, Director
-
Seattle Department of Transportation
APR 1 4 2005
_ . TUKWILA
PUBLIC VVORKS
April 13, 2005
Bob Giberson, P .E.
Acting City Engineer
City of Tukwila Public Works
6300 Southcenter Blvd, Suite 10Q
Tukwila, W A 98188
Dear Mr. Giberson:
We have discussed the need for resurfacing 16 Ave S between E. Marginal Way and the
14 Ave S (South Park) bridge. A portion of this segment of roadway is in the City of
Seattle; the portion adjacent to the bridge is in the City of Tukwila. Because of the joint
jurisdiction, it makes sense to consider the need for resurfacing together, and to undertake
a resurfacing project together if necessary. By working together, we will save separate
mobilization and project costs and deliver greater value to the residents and businesses of
both jurisdictions that rely on this important transportation corridor.
This segment of 16 Ave. S is classified as a major arterial. The average daily traffic is
about 27,000 vehicles; many of those are heavy trucks, as this is an important artery for
the freight community. The street segment measures approximately 50 ft Xl, 1 08 ft
(6,156 sy or .87 12-ft lane-mile). It is constructed of2 in. of asphalt concrete over a base
of Portland cement concrete. According to Seattle's 2003 arterial pavement condition
survey, the street segment is rated at 19 on a scale of 0-1 00; that is in the very poor range.
Because of the street condition, some base repair will be necessary as part of a
resurfacing proj ect.
The street condition generates several complaints and also claims each year. Our Traffic
Division reports that the signal-operating loop detector at E. Marginal Way has failed
because of pavement condition. Replacing the signal loop would be included in a
resurfacing project. There is also a BNSF railroad crossing just west ofE. Marginal Way.
I am sending BNSF a copy of this letter; if our cities undertake a resurfacing proj ect,
BNSF may wish to maintain the railroad crossing at the same time.
We discussed the 14 A v S bridge replacement proj ect. We considered that the proj ect,
which is more than five years off, is too far in the future to be a factor in deciding
whether to resurface the roadway. Seattle Department of Transportation has a TIB grant
(i)
Seattle Municipal Tower, 700 5th Avenue, Suite 3900, PO Box 34996, Seattle, WA 98124-4996
Tel: (206) 684-ROAD (684-7623), TTYITDD (206) 684-4009, FAX: (206) 684-5180
Internet address: http://www.seattle.govJtransportation
An equal opportunity employer. Accommodations for people with disabilities provided on request.
for rehabilitating 14 Ave S from the bridge to the city line. This work is currently on
hold. With the completion of the Till project south of the bridge and a resurfacing project
north of the bridge, the entire corridor will be rehabilitated.
Street repair: The recommended repair is to grind off the existing asphalt pavement,
repair the concrete base as necessary, and then resurface with 3" of asphalt appropriate
for the truck traffic. Seattle proposes to undertake this routine maintenance project with
its city asphalt paving crew. Since the SDOT funds will come from money budgeted for
city street maintenance, the project has to be constructed with SDOT crew and
equipment. The expected pavement life will be similar to other resurfacing proj ects, 10-
15 years depending on traffic.
Funding: SDOT estimates that this resurfacing project can be completed for about
$200,000. The portion of the project that is within the City of Tukwila is 245 linear feet
(a monument in the street marks the border between Tuk\vila and Seattle). Using a unit
cost of $30.50/SY for resurfacing and a contingency of 15 percent, City of Seattle can
include the Tukwila portion in a paving project for $45,000.
This project is in our resurfacing plans for 2005. If Tukwila wants to proceed with this
project, then it needs formally to accept this proposed joint project through acceptance of
an inter-local agreement. City of Seattle will invoice Tukwila with reference to this
agreement. Upon receipt of funding, the work would be scheduled.
Please call me at 206-233-0044 if you have additional questions or need more
infonnation.
Sincerely,
~~Jh~
Charles A. Booknian
Manager
Street Maintenance
CC: lndalecio Sandoval, BNSF
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Transportation Committee
April 25, 2005
Present:
Jim Haggerton, Chair; Joe Duffie, Pam Carter
Jim rv-forro\v, Steve Lancaster, Kevin Fuhrer, Frank Iriarte, Bob Giberson, Robin
Tischmak, Derek Speck, Lisa Verner, Lucy Lauterbach; Mark Segale, Sue
Carlson, Bill Arthur-La Pianta
'It=
1. lnterlocal A2reement with Seattle for Overlav of 16th Ave. S. The City had planned to
overlay the section of roadway in Tukwila leading to the 16th Avenue Bridge. Because Seattle
\vas also planning to overlay their section of the same road, the cost of Tuk\vila's paving was
compared to the Seattle charge for paving Tuk\vila's section. Seattle's work \vas less expensive
than it would have cost Tuk."vvila to do the same work. An interlocal \vas prepared for that work
to be done by Seattle and reimbursed by Tuk\vila. Pam C suggested a map of the area showing a
larger portion of property than just 16th Avenue should be added to the agenda when it goes to
COvV. Jim H said he appreciated the saving of both engineering and construction costs. The
Seattle cost will be $45,000 cpmpared to the $63,000 estimation of\vhat it could cost Tukwila to
design and construct. Jim M explained that the $17, 679 cost savings \vould be used on the 2005
overlay program. A statement will be added in the COW meeting infonnation memo explaining
the use of the $17,639 savings. Recommend interlocal to CO\V and Regular meetin2s for
approval.
2. Providing \-Vater, POlver and Natural Gas to TVS Puget Sound Energy (PSE) \vill provide
electricity and natural gas to TVS. Highline now provides water to the area, and plans to
continue providing it as TVS is developed.. One decision the city will make is whether or not to
declare Southcenter Parkway as a "road improvement". To do so \vould invoke the franchise
agreements we have with PSE and Highline vVater. Under the franchises a road improvement
requires that the utilities move their facilities from their current location to the improved road's
location at the franchisee's expense.
The committee asked if Highline had enough capacity to serve TVS as it's built out. Jim said
they did. Highline policies require that development must pay all of the costs they incur in being
served with Highline water. Puget Sound Energy also requires that any project they do be paid
for by the developer who the work benefits. Energy needs \vill require three feeder lines come
into TVS: one from Kent and two from Sea Tac.
Sue Carlson said they had helped the city get a $6 million grant from the state for TVS, and said
the grant request included money for water service. One option is for the city to design and build
the water lines. However, the City Attorney has raised questions about the city making a gift of
public funds that benefit one o\vner. This issue will be explored for legal and planning
ramifications. Jim M said the project cost the city has been \vorking on has not included \vater to
this point.
Pam asked if we could identify a road that is being moved as being a road improvement rather
than a road relocation. She also noted speed is important if\ve are to get David Evans to design
the water. Jim :Nf said the decision could wait for the next COvV in hvo weeks.
UNCIL AGENDA SYNOPSIS
a s
i
y Inittals ITEM No. O 4 t O t i i Meeting Date I Prepared by I Mayor's review Council renew
cti WA I 5/09/05 1 17 l
'a, 7908
C„.
ITEM INFORMATION
CAS NUMBER: 05-075 ORIGINAL AGENDA DATE: MAY 9, 2005
AGENDA ITEM TITLE Tukwila South Water, Electrical and Natural Gas Service
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 5/9/05 Mtg Date Mtg Date Mtg Date Aftg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire (l Legal P&R Police PTV
SPONSOR'S The Tukwila South project site, including Segale Business Park, is within the service area
SUMMARY of Puget Sound Energy (PSE) for electrical and natural gas service and Highline Water
District for water service. Decision requested for adding water services to the David Evan's
design contract in the amount of $70,000 for Tukwila South. $70,000 is requested from
the General Fund and will be partially reimbursed by Highline Water District.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: TC 4/25/05 and UC 5/3/05
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE To COW for discussion and recommendation
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $70,00.00
Fund Source: General Fund Ending Fund Balance
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
5/09/05 1
MTG. DATE ATTACHMENTS
5/09/05 I Information Memo dated May 5,_ 2005
Transportation Committee Minutes from April 25, 2005
Utilities Committee Minutes from May 3, 2005
INFORMATION MEMORANDUM
To:
Mayor Mullet
Date:
TVS Executive committ~
May 5, 2005
From:
Subject:
Providing Water, Electrical Power, and Natural Gas Service to
TUKWILASOUTH
ISSUE:
How will the required upgrades to the existing water and electrical service for
TUKWILA SOUTH be funded?
BACKGROUND:
The TUKWILA SOUTH Project site, including Segale Business Park is within the
service area ofPuget Sound Energy (PSE) and HigWine Water District - 1-5 to the West;
the Green River to the East; S. 178th St./S. 180th Street to the North; and S. 204th St. to the
South.
The City met with PSE on March 11,2005 and HigWine Water District on March 23,
2005 and April 19th to discuss the scope ofTUKWILA SOUTH Project, the proposed
construction of Southcenter Parkway Extension; the realignment of S. 178th Street; and
the very tight timeline for accomplishing the design (Completion NLT November 2005).
PSE in their letter dated April 6, 2005 has informed the City that they can meet the
November 2005 deadline for completing the design if La Pianta provides:
. Defmitive power and natural gas loads
. A decision on the need for high pressure gas by June 1,2005
. A decision on the location for the required substation
Puget Sound Energy also stated that they view TUKWILA SOUTH as a Master Planned
Development and as such, La Pianta would be required to pay for the installation of the
backbone power conduit and vault system and corresponding expansion of the gas
systems - Schedule 85 and Gas Rule 7 would apply. PSE also believes that they have
existing power and gas facilities in the current Southcenter ParkwayIFrager Road that
would require relocating under franchise agreements with King County and the City.
PSE will need new overhead transmission lines in the area in order to meet the proj ected
power needs. Once the new substation has been sited, the alignment of the new
transmission lines can be determined.
Highline Water District in their letter dated April 11, 2005 has informed the City that it is
the District's policy for Developers to pay for all costs related to local distribution
improvements (water main extensions, fire hydrants, meters, etc.). Larger improvements
(source, storage, etc,) "would also be the responsibility of the Developer through the
payment of calculated Gro\-vth Facility Charges.
Both PSE' s and Highline' s policy decisions were forwarded to La Pianta for comment.
La Pianta has responded by stating that they feel the water service improvements should
be included as part of the construction of Southcenter Parkway Extension and funded
through grants and bonds. La Pianta has yet to comment on PSE's position.
DISCUSSION:
If the power, natural gas, and water service upgrades, the relocation of facilities currently
residing in Southcenter Parkway and S. 178th Street, and the removal of facilities existing
in Frager Road are to be accomplished at the same time as the construction for
Southcenter Parkway Extension and_Realignment of S. 178th Street, then the designs must
be started immediately in order to meet La Pianta's requested completion date of June
2007.
There are several concerns:
. Can the very tight timeline for completing the designs be met - NL T November
2005?
. Who will be responsible for paying for the capacity upgrades?
. Who will perform the construction work - Included with the construction of
Southcenter Parkway and Realignment of S. 178th St.?
La Pianta has stated that they will negotiate directly \-vith PSE on the relocation of the
natural gas lines and providing power to the site.
Highline Water District has indicated that they wish to enter into an agreement with the
City to have David Evans perform the design work for the relocation of \-vater lines in the
realigned S. 178th Street and the new water main in Southcenter Parkway. Highline has
indicated a willingness to share in the design costs.
Resolving the power, natural gas, and water issues must be accomplished quickly, if the
project is to remain on schedule.
DECISION NEEDED:
Authorization to amend the David Evans contract to accomplish the design of the water
service for the Tukwila South project. Cost is $70,000.
Transportation Committee
April 25, 2005
Present:
Jim Haggerton, Chair; Joe Duffie, Pam Carter
Jim Morrow, Steve Lancaster, Kevin Fuhrer, Frank marte, Bob Giberson, Robin
Tischmak, Derek Speck, Lisa Verner, Lucy Lauterbach; Mark Segale, Sue
Carlson, Bill Arthur-La Pianta
1. lnterlocal A2"reement with Seattle for Overlay of 16th Ave. S. The City had plarmed to
overlay the section of roadway in Tukwila leading to the 16th Avenue Bridge. Because Seattle
was also planning to overlay their section of the same road, the cost of Tuk\vila's paving was
compared to the Seattle charge for paving Tukwila's section. Seattle's work \vas less expensive
than it would have cost Tukwila to do the same \vork. An interlocal \vas prepared for that work
to be done by Seattle and reimbursed by Tukwila. Pam C suggested a map of the area sho\ving a
larger portion of property than just 16th Avenue should be added to the agenda when it goes to
COvV. Jim H said he appreciated the saving of both engineering and construction costs. The
Seattle cost will be $45,000 compared to the $63,000 estimation of what it could cost Tukwila to
design and construct. Jim M explained that the $17, 679 cost savings would be used on the 2005
overlay program. A statement will be added in the CQ'vV meeting information memo explaining
the use of the $17,639 savings. Recommend interlocal to CO\V and Re2ular meetin2s for
approval.
\, A
~.Ji
tl
~
2. Providin2 \-Vater, Po)ver and Natural Gas to TVS Puget Sound Energy (PSE) \vill provide
electricity and natural gas to TVS. Highline now provides water to the area, and plans to
continue providing it as TVS is developed, One decision the city will make is whether or not to
declare Southcenter Parkway as a "road improvement". To do so would invoke the franchise
agreements vve have vvith PSE and Highline Water. Under the franchises a road improvement
requires that the utilities move their facilities from their current location to the improved road's
location at the rranchisee' s expense.
The committee asked ifHighline had enough capacity to serve TVS as it's built dut. Jim said
they did. Highline policies require that development must pay all of the costs they incur in being
served with Highline water. Puget Sound Energy also requires that any project they do be paid
for by the developer who the work benefits. Energy needs will require three feeder lines come
into TVS: one rrom Kent and two from Sea Tac.
Sue Carlson said they had helped the city get a $6 million grant from the state for TVS, and said
the grant request included money for water service. One option is for the city to design and build
the water lines. However, the City Attorney has raised questions about the city making a gift of
public funds that benefit one o\vner. This issue will be explored for legal and planning
ramifications. Jim M said the project cost the city has been \vorking on has not included \vater to
this point.
Pam asked if we could identify a road that is being moved as being a road improvement rather
than a road relocation. She also noted speed is important if we are to get David Evans to design
the water. Jim M said the decision could wait for the next COvV in hVG weeks.
\V ondering if it was a good move to talk to Highline Water District, the cOlThl1ittee and staff
decided it is too soon to talk to them before decisions are made about \vhat the city and what
TVS will do. 1tfark Segale said they have taLl(ed to Highline \vater, and staff there are easy to
\vork with.
This issue will also go to Utilities next week. If a ne\v memo is \vritten for that committee,
Transportation members will be copied. Send issues to COW with no committee
recommendation.
3. Grant Application Request In accordance with CIP policies Jim M said staff is thinking of
submitting a grant application for bridge replacement funds for Boeing Access Bridge. One issue
is ho\v much the replacement \vill cost. If it's under $10 million, the state will pay for all of it. If
it's over $10 m. the city \vill have to pay a 20% match. Current projections are that it will cost
$10.5-11 m. before the design report. It's not known how soon after applying for a grant that
grant will come, so applying no\v could be just getting in line for a future replacement project.
Information.
Nlinutes by LL '
r Committee chair approval
Utilities Committee
May 3, 2005
Present:
Dave Fenton, Chair; Joan Hernandez, Jim Haggerton
Jim Morrow, Frank Iriarte, Bob Giberson, Gail Labanara, Pat Brodin, Lucy
Lauterbach
fj
1. Water~ Po\ver~ and Gas for Tuk\vila Valley South Jim .said there is a very tight time frame
if the City is to design the water system for La Pianta. Highline Water Service serves the
Tukwila Valley South area, but they do not have the capacity to design the system in-house.
Highline's policy is for the develope~ to pay the costs of the design and construction of a new
water system. The water pipe system' 'needs to be designed with the other pipes (sewer and
surface water) in the public right-of-way. Puget Sound Energy is dealing with La Pianta
separately, though if their lines need to be sited in the right-of-way those lines will need to be
coordinated also. The cost of designing the water line is $70,000 to be added to the David Evans
contract. Committee members asked if Evans is able to compete the work by November, 2005
and were told he can.
Funding for the water design and construction is still undecided. It may be a combination of La
Pianta, Tukwila, and Highline. La Pianta wants the city to fund the \vater through grants and
bonds. Highline will share in the cost of the major spine running down the Southcenter
extension, because the new pipe is a replacement for the pipe in the current road. Highline thinks
the difference in the cost between the size of their current pipe and the cost of the new larger
pipe should be paid by La Pianta. La Pianta wants the cost to be paid by city grants and bonds.
The discussions about who pays how much will continue. The design by David Evans will
proceed to COW and Regular Meetings. Recommend desi!!n bv David Evans for $70~OOO to
COW.
2. Fort Dent Stormwater Pump Station #19 and Draina!!e The pump station at Fort Dent
was found to be undersized, in poor condition, and unable to completely pump the stonn water.
Staff awarded a contract to Western Engineering Constructors to upgrade the pump station and
install a compatible control panel and related equipment. Added work included grasscrete to
prevent maintenance vehicles from sinking into the soft grass between the pump station and the
parking lot. It was a successful project, done by a good contractor. All runoff from Fort Dent
goes to the pond, and the pump station then pumps it into the river. Recommend contract
acceptance and release of retaina2e to consent a2enda of a Re2ular Meetin2.
3. 42nd Ave. Bridee Repair Last year this bridge had an erosion problem that was due to
surface water runoff. That was repaired, and now a new and serious problem has emerged. Due
to the bridge being on a turn of the river where there is an eddy swirling at the bridge supports,
dirt has eroded around the supports. After studying the problem, staff detennined that a proper
repair would be to install sheet piling. Funds are available in the bridge program to do the work.
Staff will hire a contractor and get emergency exemptions from Fish and Wildlife and SEP A
Shoreline requirements. Dave said the pictures in the packet told the story of how badly the
repair was needed. Recommend emereencv declaration to COW and Re2ular Council for
approval.
COUNCIL AGENDA SYNOPSIS
1TEMNo.
0 9 Meeting Date Prepared by Mayor's review Council review
t d ;i I 5/09/05 BGd 1
7908
1 1 I
f I
ITEM INFORMATION
CAS NUMBER: 05-076 ORIGINAL AGENDA DA'Z'E: MAY 9, 2005
AGENDA ITEM TITLE Resolution declaring an emergency in response to erosion damage on
42 Ave S Bridge (near the Tukwila Community Center).
CA I EGORY Discusszon Motion Resolution E Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date 5/9/05 Mtg Date Mtg Date 'At Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P Police PW
SPONSOR'S Staff recently discovered that a significant amount of roadway and bridge foundation
SUM MARY support soils had been eroded and requires immediate repair on the 42nd Ave S bridge. A
similar event occurred near this location in 2004 and after an emergency resolution was
repaired. Currently, the area to the north of the sheet pile wall has also washed away. This
resolution will declare an emergency and allow staff to immediately enter into a
construction contract per RCW 39.04.280.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/3/05
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Emergency Resolution
COMMITTEE Forward to COW and then Regular with approval of resolution
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Will Return with costs
Fund Source: 104.01 Annual Bridge Inspections Repairs (page 36, 2005 CIP)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
5/09/05 1
MTG. DATE ATTACHMENTS
5/09/05 Information Memo dated April 27, 2005
1 Resolution
1 RCW 39.04.280 Competitive bidding requirements exemptions
5 Photographs of 2004 and 2005 Repair
1 Utilities Committee Meeting Minutes from May 3, 2005
INFORMATION :MEMO
To: . Mayor Mullet
From: _~bliC Works Direct~
Date: April 27, 2005
Subject: 42nd Ave S Bridge Riverbank Erosion Repair
Emergency Declaration Resolution
ISSUE
Staff recently discovered that a significant amount of roadway and bridge foundation support
soils had been eroded and requires immediate repair to prevent loss of roadway and structure.
BACKGROUND
A similar event occurred near this location in July 2004 when the material behind the sheet pile
wall was washed away and repaired by emergency Resolution No. 1557 in August 2004.
Currently, the area to the north of the sheet pile wall has also washed away. The attached
resolution has been drafted to allow staff to immediately design a solution and enter into a
construction contract. The repair can then be completed expeditiously and at the best price and
quality possible. A number of design options exist, but none are being recommended at this
time without additional engineering and funding evaluation.
RECOMMENDATION
Approve emergency resolution and authorize Public Works to immediately design and
construct a repair to the erosion damage by a construction contract exempt from competitive
bidding.
attachments: draft resolution
RCW 39.04.280
photographs
(p:ProjeclS\A- RW & RS Projccts\OORW04\200S Damage\lnfo Memo 42'" Bridge Emergency Resolution)
If! m fA\ R CJ?
L~~i Li L! L ~;j Lr U
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASIllNGTON, DECLARING AN EMERGENCY IN RESPONSE TO
DAMAGES TO PUBLIC PROPERTY DUE TO EROSION.
WHEREAS, it has been determined that significant erosion has occurred at the
northwest comer of the 42nd Avenue South bridge approach; and
WHEREAS, the erosion has resulted in significant loss of roadway and structural
support; and
WHEREAS, the repairs to the roadway and bridge abutment are required immediately;
and
WHEREAS, RCW 39.04.280 provides for emergency declarations and competitive
bidding exemptions; and
WHEREAS, the Mayor of Tukwila has declared an emergency in order to allow City
forces to respond with appropriate resources to restore damage and prevent further impact to
public and private property; and
WHEREAS, the City Council wishes to provide their support and endorsement of the
Mayor in his action to declare an emergency and for the City's efforts to respond to the
emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
W ASIllNGTON, HEREBY RESOL YES AS FOLLOWS:
The City Council supports the Mayor in his declaration of emergency, due to damages
and. the need for protective actions brought about by erosion, and hereby authorizes City
resources to respond in the manner which is most effective and expedient, without regard for
the procedures and formalities which would otherwise govern the assignment of duties,
procurement of materials, and contracting of services. This situation is an emergency as
defined in RCW 39.04.280(3).
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a Regular Meeting thereof this day of ,2005.
ATTEST / AUTHENTICATED:
Pamela Linder, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Emergency GL:kn 5/5/2005
Page 1 of 1
!
Page 1 of 1
RCW 39.04.280
Competitive bidding requirements -- Exemptions.
This section provides uniform exemptions to competitive bidding requirements utilized by
municipalities when awarding contracts for public works and contracts for purchases. The statutes
governing a specific type of municipality may also include other exemptions from competitive bidding
requirements. The purpose of this section is to supplement and not to limit the current powers of any
municipality to provide exemptions from competitive bidding requirements.
(1) Competitive bidding requirements may be waived by the governing body of the municipality for:
(a) Purchases that are clearly and legitimately limited to a single source of supply;
(b) Purchases involving special facilities or market conditions;
(c) Purchases in the event of an emergency;
(d) Purchases of insurance or bonds; and
(e) Public works in the event of an emergency.
(2)(a) The waiver of competitive bidding requirements under subsection (1) of this section may be by
resolution or by the terms of written policies adopted by the municipality, at the option of the governing
body of the municipality. If the governing body elects to waive competitive bidding requirements by the
terms of written policies adopted by the municipality, immediately after the award of any contract, the
contract and the factual basis for the exception must be recorded and open to public inspection.
If a resolution is adopted by a governing body to waive competitive bidding requirements under (b) of
this subsection, the resolution must recite the factual basis for the exception. This subsection (2)( a) does
not apply in the event of an emergency.
(b) If an emergency exists, the person or persons designated by the governing body of the municipality
to act in the event of an emergency may declare an emergency situation exists, waive competitive
bidding requirements, and award all necessary contracts on behalf of the municipality to address the
emergency situation. If a contract is awarded without competitive bidding due to an emergency, a
written finding of the existence of an emergency must be made by the governing body or its designee
and duly entered of record no later than two weeks following the award of the contract.
(3) For purposes of this section "emergency" means unforeseen circumstances beyond the control of the
municipality that either: (a) Present a real, immediate threat to the proper performance of essential
functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if
immediate action is not taken.
[1998 c 278 9 1.]
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2004 Repair }!f
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2004 Repair Photo
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2005 Erosion Photo
2005 Erosion Photo
Utilities Committee
May 3,2005
Present:
Dave Fenton, Chair; Joan Hernandez, Jim Haggerton
Jim Morrow, Frank Iriarte, Bob Giberson, Gail Labanara, Pat Brodin, Lucy
Lauterbach
1. Water~ Po\ver., and Gas for Tuk,vila Vanev South Jim said there is a very tight time frame
if the City is to design the water system for La Pianta. Highline 'vVater Service serves the
Tukwila Valley South area, but they do not have the capacity to design the system in-house.
Highline's policy is for the develope~ to pay the costs of the design and construction of a new
water system. The water pipe system'needs to be designed \vith the other pipes (sewer and
surface water) in the public right-of-way. Puget Sound Energy is dealing with La Pianta
separately, though if their lines need to be sited in the right-of-way those lines will need to be
coordinated also. The cost of designing the water line is $70,000 to be added to the David Evans
contract. Committee members asked if Evans is able to compete the work by November, 2005
and were to ld he can.
Funding for the water design and construction is still undecided. It may be a combination of La
Pianta, Tukwila, and Highline. La Pianta wants the city to fund the water through grants and
bonds. Highline will share in the cost of the major spine running down the Southcenter
extension, because the new pipe is a replacement for the pipe in the current road. Highline thinks
the difference in the cost between the size of their current pipe and the cost of the new larger
pipe should be paid by La Pianta. La Pianta wants the cost to be paid by city grants and bonds.
The discussions about who pays how much will continue. The design by David Evans will
proceed to COW and Regular Meetings. Recommend desi1!n bv David Evans for $70.,000 to
COW.
2. Fort Dent Stormwater Pump Station #19 and Draina2e The pump station at Fort Dent
was found to be undersized, in poor condition, and unable to completely pump the storm water.
Staff awarded a contract to Western Engineering Constructors to upgrade the pump station and
install a compatible control panel and related equipment. Added work included grasscrete to
prevent maintenance vehicles from sinking into the soft grass between the pump station and the
parking lot. It was a successful project, done by a good contractor. All runoff from Fort Dent
goes to the pond, and the pump station then pumps it into the river. Recommend contract
acceptance and release of retainae:e to consent af!enda of a Ref!ular lVIeetin2.
~
3. 42nd Ave. Brid2e Repair Last year this bridge had an erosion problem that was due to
surface water runoff. That was repaired, and now a new and serious problem has emerged. Due
to the bridge being on a turn of the river where there is an eddy swirling at the bridge supports,
dirt has eroded around the supports. After studying the problem, staff determined that a proper
repair would be to install sheet piling. Funds are available in the bridge program to do the work.
Staff will hire a contractor and get emergency exemptions from Fish and Wildlife and SEP A
Shoreline requirements. Dave said the pictures in the packet told the story of how badly the
repair was needed. Recommend emer~encv declaration to COW and Re2ular Council for
approval.
,.
Tentative Agenda Schedule
MONTH MEETING 1- MEETING 2- MEETING 3 - MEETING 4 -
REG-crLAR m C.O.W. REGULAR C.O.W.
.... ...., ...
May 2 9 16 23
30'11 - Special Presentation:
See agenda packet Introduction of new
Memorial Day cover sheet for this employees: COMMITTEE OF THE
(City offices week's agenda - Susan Paepke, Bailiff, \VHOLE MEETING TO
closed) ,
(lvlay 9, 2005 Municipal Court BE FOLLOWED BY A
30'11 - Committee of the Whole Proclamation: SPECIAL MEETING.
Fifth A10nday of JVfeeting). Proclamation
the month- designating May 21-27,
no Council 2005 as National Safe
meeting Boating Week.
scheduled Consent Agenda:
Accept as complete
Fort Dent Stormwater
Pump Station # 19 and
drainage project.
Unfinished Business:
Ordinances for 7 street
vacations required to
accommodate Sound
Transit Link Light Rail
south corridor rail lines.
Tune 6 13 20 27
Ttlly 5 (Tuesday) 11 18 25
4'h_
Independence
Day
(City offices
closed)
l
- }
9th (Monday)
)> TraFlsportation
Cmte, 5:00 PH
CANCELLED
~ Civil Service
Commission,
5:00 PM (CR #3)
~ City Council
Committee of the
Whole Mtg.,
7:00 PM
(Council
Chambers)
Upcoming Meetings & Events
MAY 2005
10th (TuesdaY)
~ OPEN HOUSE .;{
Cascade View
Drainage Project
6'00 -7.30 PM
Cascade View
Elementary School
~ Community
Affairs & Parks
Cmte, 5:00 PM
(CR #3)
~ City Council
Special Mtg.,
6'00-9'00 PM
(Council Chambers)
~ Library Advisory
Board, 7:00 PM
(Foster Library)
~ Highway 99
Action Cmte,
7:00 PM
(Community Ctr.)
~17th~{TU:esday) ~~~
~ Utilities Cmte,
5:00 PM (CR #1)
11th (Wed.)
12th (Thursday)
13th (Friday)
14th (Sat.)
5th Annual
Backyard
Wildlife Fair
at Tukwila
Commulllty Center
~
9:00 AM:
Procession of
the Species
10 AM-3 PM:
Fair activities
3:00 - 5:00 PM:
Wildlife Garden
Tour
For more infor-
mation visit
www backyard
wildlifefmr org
(or call 206-
285-8707, ext. 109)
. 21st (Sat.)
Chipper Day
Special Recycling
Collection Event
9'00 AM - 3 :00 PM
Foster High School
Info 206-433-1800
Mayfair 2005
}}.oo AM - 3'00 P;-"1
at the Tukwila
Commulllty Center
FREE family fun!
Info 206-768-2822
~ ~ May 16 through 27: Free disposal passes for Tukwila residents available for pickup at City Hall. I:iJ
Passes will be valid at Bow Lake Transfer Station May 20 through 30 ONLY.
16th (Monday)"
~ Finance & Safety
Cmte, 5:00 PM
(CR #3)
~ City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
t'8th~(Wed~) -
~ Crime Hot
Spots Task
Force Mtg.,
10'00 AM
(CR #5)
~ Parks
Commission,
5:30 PM
(Community
Center)
19th-(Thursday) .
~ Domestic
Violence Task
Force Mtg.,
12:00 NOON
(CR #5)
20th (Friday)
~ Apartment Managers' Networking Lunch: 3rd Thurs., 12:00 Noon (bring a lunch) TCC Contact Robbie Burns at 206-242-8084
~ Arts Commission: 1st Tues., 5:00 PM Tukwila Community Center. Contact Kimberly Matej at 206-767-2342.
~ Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1 st Tues., 12:00 Noon. Chamber Offices.
Contact Nancy Damon at 206-575-1633.
~ Chipper Days, sponsored by the Washington State Dept. of Agriculture: 3rd Sat., 10:00 AJv1 Foster HS Main Parkmg Lot.
Dispose ofprunings and plant materials from the Longhorned Beetle quarantine area. Drive your truckload of materials to the
parking lot and we'll help unload, chip, and dispose of materials free of charge. Be sure to bring ID with quarantme area address.
~ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7.00 PM Council Chambers at City Hall.
~ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM. Council Chambers at City Hall.
~ Civil Service Commission: 2nd Mon., 5:00 PM Com. Room #3. Contact Bev Willison at 206-433-1844.
~ Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM. Conf. Room #3 Agenda items for 5/10/05 meeting
(A) Sign Code amendments. (B) Consultant contract with Cascade Land Conservancy (C) 2005 first quarter report.
~ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM Conf. Rm #5. Marja Murray (206-433-7175).
? Crime Hot Spots Task Force: 3rd Wed., 10:00 AM. Conf. Room #5 Contact MaIja Murray at 206-433-7175
~ Domestic Violence Task Force: 3rd Thurs., 12:00 Noon. Conf. Room #5. Contact EVle Boykan or Stacy Hansen at 206-433-7180
~ Equity & Diversity Commission: 1st Thurs., 5: 15 PM Showalter Middle School Library. Contact Lucy Lauterbach at 206-433-1834
~ Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM. Conf. Room #3.
);0 Highway 99 Action Committee: 2nd Tues., 7:00 PM Tukwila Community Center. Contact Chief Dave Haynes at 206-433-1812.
~ Human Services Advisory Brd: 2nd Fri. of even months, 10:00 Ai\1 Human Services Office. Contact Evie Boykan at 206-433-7180.
~ Human Services Providers: 11 :30 AM TCC. (tentative schedule: 3/18 6/17 9/16 12/2). Contact Stacy Hansen at 206-433-7181
~ Library Advisory Board: 2nd Tues., 7:00 PM Foster Librarv. Contact Bruce Fletcher at 206-767-2343.
~ Parks Commission: 3rd Wed., 5:30 PM. Senior Game Room at Community Center. Contact Kimberly \'AateJ at 206-767-2342.
? Planning CommissionlBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 7:00 PM.
Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670.
~ Sister City Committee: Contact Lucy Lauterbach at 206-433-1834
);0 Transportation Committee: 2nd & 4th Mon., 5 :00 PM. Conf. Room # 1. NOTE: Meeting scheduled for 5/9/05 has been cancelled.
~ Utilities Committee: 1st & 3rd Tues., 5:00 PM. Conf. Room #1.
~ Apt. Mgrs.
Networking
Lunch,
12:00 NOON
(Community
Center)
/'
~ Court = Busy Court and/or Jury Calendar (noted to alert employees and cItizens of potential parking difficulty)