HomeMy WebLinkAboutReg 2005-06-06 COMPLETE AGENDA PACKET
~'t:~~\.~~'.~-1. Tukwila City Council Agenda
~'~~
&/ \~ .:. REGULAR MEETING .:.
I~ -J; !G>
Ii <i ,,,",,,,
~\ J~ Steven M. Mullet, Mayor Councilmembers: · Joe Duffie · Joan Hernandez
);:...... ~....~
............. Rhonda Berry, Cihj Administrator · Pam Carter · Jim Haggerton
1908 Pamela Linder, Council President · Dennis Robertson · Dave Fenton
Monday, June 6, 2005; 7 PM · Ord #2095 · Res #1578
1. CALL TO ORDER/PLEDGE OF A~LEGIANCE/ROLL CALL
2. APPOINTMENT Parks Commission: Scott Kruize, Position #4,
term expires 3-31-06 (fills vacanCl/).
'3. CITIZEN At this time, you are invited to comment on items not included on this
COMMENT agenda. To comment on an item listed on this agenda, please save your
comments until the issue is presented for discussion.
4. CONSENT a. Approval of Minutes: 3-21-05,5-2-05, and 5-16-05 (Regular);
AGENDA and 5-23-05 (Special)
b. Approval of Vouchers.
5. PUBLIC An Unclassified Use Permit Application for the construction and
HEARING operation of a sewer lift station at 13361 -- 56th A venue South
(Applicant: Cihj of Tukwila).
.> Please brin}< previously distributed binders. ~
6. UNFINISHED A resolution establishing Hearing Examiner Rules of Procedure.
BUSINESS
7. NEW BUSINESS a. Approve July 4th fireworks permit.
b. Mastandrea zoning change request.
8. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila Cittj Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office 206-433-1800/fDD 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.
`V�l1 COUNCIL AGENDA S gs ti' Initials ITEM No.
F►� 44140 10 Meeting Date P b' Mawr's ivziew I Council reziew 1
'm 1 06/06/05 so
7908
1 I 1 1
ITEM INFORMATION
CAS NUMBER 05-081 I ORIGINAL AGENDA DATE: JUNE 6, 2005
AGENDA ITEM TITLE Appointment to Parks Commission
CATEGORY Discussion Motion Resolution Ozlincmce Bid Ayard Public Hearing Cher
MtgDate MtgDate MtgDate MtgDate Mtg Date MtgDate MtgDate 6/5/05
SPONSOR Council Mayor AdrnSus DCD Finance Fire Leal P& R Pclia. PW 1
SPONSOR'S Appointment of Scott Kruizto Position #4 of Parks Commission, term to expire 3/31/2006.
SUMMARY
REVIEWED BY COW Mtg. CA&P Cmte F&S Carte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR/ADMIN. Confirm Appointment
COMMITTEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
6/6/06 1
MTG. DATE I ATTACHMENTS
6/6/05 Memo from Mayor to Council dated 5/13/2005
City of Tukwila
6200 Southcenter Boulevard. TukwilaJ Washington 98188
Steven M. Mullet, Mayor
To:
From:
Re:
Date:
City Council
Mayor Mullet ~;
Appointment to Parks Commission
May 13, 2005
I am pleased to submit the application of Scott Kruize, who has applied to be a member of our
Parks Commission. He would fill the vacancy created when Dennis Sivak left to become a
member of the Civil Service Commission.
Mr. Kruizt~application has been reviewed by staff and members of the Commission, and they
have recommended his appointment to Position #4, with his term expiring March 31, 2006.
Unless I hear otherwise from members of the Council, I will be inviting Mr. KruiLtto the Regular
City Council Meeting on Monday, June 6, 2005 to have his appointment confirmed.
Thank you.
Iso
encl.
cf: Jane Cantu
Bruce Fletcher
Phone: 206-433-]800 · City Hall Fax: 206-433-]833 · www.ci.tukwila.wa.us
.
CITY OF tUKJiVILA
6200 Southcenter Boulevard, Tukwjla, WA 98188
Volunteer Program
206-433-1850
APPUCA TION TO VOLUNTEER
Name ( first / middle /Iast )
Sc...oT/ H ~Ol~
Street Address'
.
, _ _ '"'" __';::....- -.-_~_ - .,.-;c-~~
r _"'=" _ - --..,0
~,.
.-,
City/State/Zip
JU~..J \. Lfj J
Washington State
Driver's License Numb
y..rp..
~i;;f:.':~ :_~~~?~~-~;~~~~_~:-;~~ _~~~--
AVAILABILITY
~ Long-term :_-~ Short-term : , Special project
1. Check the box for the time period(s) in the day(s) you're available.
2. Indicate the number of hours per day you would volunteer.
fc!\.. ~ f'1<.1~ DEFT::
1-2- ~~,,'rt..:s t'\P..-Inll.....'1
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
./ # of Hours ./ # of Hours ./ # of Hours ./ # of Hours ./ # of Hours ./ # of Hours
Morning
Afternoon
Evening
en Into consl eratlOn In
Yes ~ No
EMERGENCY INFORMATION
In case of emergency. contact:
Name:
SA~\)R?- \ZJ~U)2~
Work Phone:
SKILLS AND INTERESTS
Current I previous Cor'WVTfrl... ~ L. }-.I J CF>L- SvrfC~~ 't- CiJ('i.50 L./7 f<(,
work or occupation:
Previous volunteer experience: What? BIIjL.i:_
...ll '$F-I~ Nl3uC .:SZ~ S C J E.N cE- "'f1:..f'oL\.t J;"~ J Lcr\\'v"n;~ J~c.T10r--') SL:.{..JOOL
+~\\""RC\\ -fFFIUP>Tt'O Where? ~ ~~rI~ ~~ C~~ :J'I ~l~ of ~\
S'c~O<:>1--j' ~ '1LD i~T~f 1'.\...~.51 (IJ 1,'R1 e,.l !
)
Hobbies, interests, skills: ["\O~L [>'01 Q.....~ \tf-rr- ( ji)'\()C ''\ ~JI C'I CL.lI-'b-
'-- +- fl,t{))-O 4s-~..<r J.- )
Special training, certification: -
--t ~ f.J \.is ~r'vT''i?-- .pf:..l.....An~ CLNSE..5
Who or what
prompted you to volunteer?
.
EDUCATION
Circle highest grade completed:
I G,rade School 6
r,~llege') 1
7
2
8
3
4
I High School 9 10 11 12 or GED I
I Beyond: "2... I3.....CU~Lf'.Ll(tho~ oJ[cR.U...-' P~q") LJ.'r-J,1
REFERENCES
List two personal references, other than family members (full name, address, phone):
'\ Name: ,
CfLC +- f1-.Lf1)..\ S~D
IS
I Phone'
I' City! tate/Zip:
;;Sr-~
. ./
- - - - - - ~ -~ - -
~;.;: i-:~:~-_ ~~-~.. ___ ~.~~~~~~~~.~_:~,:-:
~
~:?i~ :~~::~~~~. :~~~~~i
I Na~~'i ~ Df:N';" r'/op..,RJ.j
:: Yes ~ No
" Do you have any criminal convictions
(other than parking violations and/or juvenile offenses)?
. If "Yes", please explain where, when,and disposition:
(Conviction will not automatically bar you from volunteering Relevance to assignment will be considered)
I understand that I am not an employee of the City of Tukwila, and that any duties that
I perform are as a volunteer. I agree to abide by the procedures set forth by the City of
Tukwila for my assigned work duties. I also understand that j{ is my responsibmty to
update any address, emergency or other changes to the information on this form.
By my signature, I authorize the City of Tukwila to conduct a background check of my
driving record and my criminal record. ,
I Dat~ I~] oS-
I Signature: C, I O}
4u-bt GJJ-. vJC t cz
Parent/Guardian (if under 18 years of be):
Scott H. Kruize
~""--2~~--':::-'~~~-' J ~~-----(~~-:_~ -~_: - ~ ~~~~"~-3~-
~:'~'2-~:~-:'-:c-~<__:~-'---~-::."'~~. -~~:.;:
. - . --
Seattle,
i-~~~!iJ~~~~~~}!1:~;~::~~~=~-~~ ~ ~~~~~~~~!==~~~
Technical Support Specialist / Systems Administrator
Maintain and operate Sun 2000 Unix- (Solaris;E>-) based computer system. Run
system and data backups; add new users; monitor incoming files to BBS from field sales
reps and regional showrooms; telephone Help Desk support of same; clear 'locked'
terminals and other malfunctions; assist users and conduct classes in Microsoft~.
Windows 95 and its Office Suite;applications (Word, Excel, etc.); check out, maintain
Intermec<jI> bar-code scanners anq printers; administer e-mail; troubleshoot printers and
other peripherals; extend Ethernet interconnections: add PCs, hubs, cabling. Assist
Systems Administrator; coordinate graphics files creation and use with Apple
MacIntoshID-based art department. Select, purchase, install, and configure PC
applications and hardware. 12/95 through present.
Free-lance Computer Consulting.
Convert clients from manual to computerized information systems; analyze
businesses' data-processing needs, select suitable hardware and software. Design and
install Ethernet peer-to-peer LANs. Set up, configure, upgrade, troubleshoot and repair
equipment. Train users, even those with no prior computer experience. Since 1988.
'Computer Instructor, BelJevue Community College.
Teach computer-based graphic arts software: CorelDRA Wi and related software
suite: scanning, bitmap editing, CAD-related functions. 1987 to 1998.
Computer Instructor, Highline Community College.
Classes: Business 216, "MicroComputer Applications". Intro to computers in
business. OS fundamentals, assignments in basic Word Processing, SpreadSheet, and
Database applications. Computer Science 100, "Introduction to Computers". History and
overview of computer hardware, software, terminology, and applications; assignments
similar to Business 216. '87-'90
Office & Microcomputer Manager for Olympic Poster Company, Inc.
Converted company from manual to computerized systems for accounting and
billing, sales contact management, job and supplies ordering, and graphic arts creation.
Selected, purchased, set up all hardware and software into LAN; trained all staff in their
use. Administered systems: upgrades, expansion, troubleshooting and repair. Office and
Information Systems Manager to facilitate information handling, speed work flow, create
documents and reports for the owners, customers, suppliers, accountants, and other
interested outside parties. 8/89 to 9/94.
Computer operator for Bicycles West, Inc., dba SCL, Inc., and Burien Cyefe, Seattle.
Selected, set up, and operated first computer hardware and software for inventory
control for Bicycles \Vest chain of five stores. Kept sales records, customer lists, and tax
inventory sheets; advertising copy and direct mail advertising; etc. 1985-7
Recent computer training:
Sun System Administration Fundamel]taJs (Sun)
W Al"J, WindowsNTiR;, Novelh, Network SIJ~!1ort, Configuration, and Administration
dasses (BCC)
College Education
B.A. in Economics, B"A. in Political Science. University ofWashingto!1, 6179
References
rAt Pacific Rim Import Corporation: names, positions, and r.ontact information upon
request.l
_- .~-.;~;-~<[:::- _~~~ :~:~~-=~~~~~~~~~~~~~:f~~ ~~ ~"~_-o.~.;~
Dave f.,'Iorris, As consu ham. 1 ha\"e
configured and installed his office's PCs, Windows-bastd pecHa-peer LA.t"";, several
applicatiorls, modems and communication,:; programs, and tramed Dave and staff to use
them effectively.
t~~--~~_~~~ ~~zft;:~Jt;;~~~~~';-~;'~~~;i~;1r_--- ~_ _"_-::-;; -:=~ ~;::_
~~~~_~~;::- .~-~ ~~~:-,;>:~:;,~,,~,~~~:~:~i;~.i~!f~~-:=-~.:-~. ':. -1?~:; ._-_-.-_: .._"':..~~_:
Tom S. Ke::lI~edy, We have pursued
computing as a hobby together for 14 yc:ar~, including CAD, tdecOlllltluni(ations,
assembly and troubleshooting ofPCs ann p~ripherais.
~4;?-"~= .;~~..-';:~ -'::;~~3~1i~~~~ _-~~~~~~~
~ -~i:~z:~ -~_~~~~t~:? _ -~=tJ~~~~~~~:~~:~};~~~~tJ_-J :-~ ~~~~~~~ -_~_- <--,-: ~~-~-
. . ,
Greg Sneed, ~'>)l:t :H.:r \'-Ulk
tog.ether at O:yii1P,C Poster, l've constru(;[tJ umakses aflu Stl up UdlLT ::."ie~-r~::l:~d
appli~'a1i0ns, such a__ contact management (ACT:) <:.nd f~x maii-rr:~:-~i::;. and rra;'leci h::~~
[md othtr staff in their effective use.
~~'~;-::~~~\~;~-< -~~ -:. - ...-' ~ - _ -- -- ,-'- -. - - ., ~ :-,,- '-
- "
Kathy anLi Michael Solberg, Owners, Bicycies WesT
Ron W c:,t,
\ .
x COUNCIL AGENDA SYNOPSIS
\L �tia4, yy
k J Initials ITEM NO.
1 1 Meeting Date Prepay 4 Mayor's review I Council review
0 2 06/06/05 SL I �(�twti+ 1 5
1 1 I \s I 1
5
I
IT EM INFORMATION
CAS NUMBER: 05-082 I ORIGINAL AGENDA DATE: June 6 2005
AGENDA ITEM TITLE Unclassified Use Permit and Public Hearing for the City's Public Works Department
CATEGORY Discussion Motion Resolution Ordinance Bid Awarzl Public Hearing Other
Attg Date Mtg Date Mtg Date ttg Date Mtg Date Mtg Date 06/06/05 illtg Date
'SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIV
SPONSOR'S The City's Public Works Department seeks approval to construct a sewer lift station in the
SUMMARY Foster Point Area. In order to construct the lift station, Public Works must first obtain an
Unclassified Use Permit. Planning staff recommends approval of the application with the
conditions stated in the Staff Report.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N/A
RECOMMENDATIONS:
SPONSOR /ADMIN. Approval with conditions
C0MM11TEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AIv10UNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments: N/A
1 MTG. DATE RECORD OF COUNCIL ACTION
1 06/06/05
I
I
1 MTG DATE ATTACHMENTS
06/06/05 Council Binder with staff report Crwey_ rikD
,a0aff_ I I
I
1 1
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development
Steve Lancaster, Director
Staff Report to
The Tukwila City Council
Prepared June 1, 2005
HEARING DATE:
June 6, 2005
NOTIFICATION:
On Juiy 9, 2004 staff mailed a Notice of Application to
surrounding property owners and tenants. Notice of Hearing was
posted and mailed to surrounding properties on May 23,2005. A
Notice of Public Hearing was also published in the Seattle Times
on May 20, 2005.
PUBLIC MEETING:
July 14, 2004
FILE NUMBER:
Unclassified Use L04-0l0
APPLICANT:
City of Tukwila Public Works
OWNER:
Jerry Wheaton
REQUESTS:
Unclassified Use Penn it to construct and operate a sewer lift
station 13361 56th Ave South
ASSOCIATED PERMITS:
Building Penn its
SEPA DETERMINATION: Detennination of Non-Significance issued June 24,2004
LOCATION:
13361 56th Ave South, Parcel Number 217200-0160
COMPREHENSIVE
PLAN AND ZONE
DESIGNATION:
Low Density Residential (LOR)
STAFF:
Brandon J. Miles, Assistant Planner
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
A IT ACHMENTS:
A. Vicinity Map
B. Site Plan for Foster Point Sewer Lift Station
C. Pump House Plan and Elevations
D. Applicant's Response to Unclassified Use Criteria
BACKGROUND
The City of Tukwila Department of Public Works has submitted an Unclassified Use Permit for
the construction of a sewer lift statiQn at 13361 56th Ave South. The sewer lift station will serve
the Foster Point Neighborhood. Foster Point is currently not served by sanitary sewer, but
instead utilizes septic tanks and drain fields for waste disposal.
Only one person attended the public meeting held on July 14,2005 per the requirements for a
Type 5 permit (TMC 18.108.050). The attendee was the property owner where the lift station
would be constructed.
The City issued a Determination of Non-Significance (DNS) on June 24, 2004. The DNS
covered the entire sewer extension for the Foster Point Neighborhood.
FINDINGS
VICINITY/SITE INFORLvIATION
Sewer Lift Station Description
Structural
The lift station will occupy a 10' by 8'5"concrete pad. The concrete pad will be elevated six
inches off of the ground. The dimensions of the lift station structure are 8'6" by 8'8". The lift
station will be 12'6" tall (See Attachment B and C).
The lift station will be constructed primarily of split face CMU walls. The CMU walls will be
tan in color and have a flat finish. Two large steel doors will be located on the south side of the
building.
The roof of the building will be metal and be painted dark brown. The drains for the gutters will
be fern green in color.
The sewer pumps will be located below the surface of the lift station structure. The lift station
structure will be used to house control panels. Adjacent to the structure will be an emergency
generator. The emergency generator and the lift station structure will be enclosed with sound
proofing materials.
Brandon-M
Q:\UUP\Foster Point\Staff RepOli.doc
Page 2
0511 8/2005
The lift station will be surrounded with a six-foot tall chain-link fence. Plastic slats will be used
within the fence.
Operational
The purpose of the lift station is to move sewer waste material from the Foster Point
Neighborhood across the 56th Avenue Bridge and into the main se\ver line on Interurban Avenue
South.
The lift station will operate 24 hours a day.
As noted above, the sewer pumps will be located below ground. In the event of power failure
the lift station will include back up generators. The generators conduct automatic tests once a
week for a period 20-30 minutes. The generator is tested during day light hours and on
weekdays.
The lift station will be equipped with a telemetry device, which will provide feedback to City
staff on the operations of the facility. The device will also notify City staff in the event ofIift
station shut down or power failure.
Surrounding Land Uses
The lift station will be located within an existing residential neighborhood. Existing land uses in
the area are single family in nature (See Attachment A).
CRITERIA FOR UNCLASSIFIED USES (TMC 18.66. 060)
City Council approval of an unclassified use application shall be guided by the nine criteria of
the Zoning Code (18.66.060 TMC) and a determination that the project is consistent with
Tukwila plans and regulations (18.100.030 TMC.) The applicant's response to each of the
criteria is attached to this report (Attachment C). The City Council may approve the project as
proposed, establish conditions on the project approval, or deny the project.
1. Where appropriate and feasible, all facilities shall be undergrounded.
All mechanical portions of the lift station have been located underground. Only the control
panels and backup generator have been located above ground. The panels and generator will be
totally enclosed within a structure. Additionally, a fence will be used to prevent intrusion into
the site by the public.
2. The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity.
The proposed lift station will allow the Foster Point Neighborhood to be served by sanitary
sewer. Existing homes in Foster Point are currently served by septic tanks. The presence of
sanitary sewer in Foster Point will allow existing homes that currently use septic tanks to
Brandon-M
Q:\UUP\Foster Point\Staff Report.doc
Page 3
05/18/2005
gradually connect to sanitary sewer. These septic tanks and associated drain fields will be
abandoned per Seattle/King County Health requirements.
There are two possible negative impacts associated with this project:
1) Noise
2) Surcharging of domestic sewage
As noted the lift station will be equipped with pumps and a backup generator. To minimize
noise impacts the pumps will be located below ground and the entire structure will be
surrounded with a noise-damping b1;iffer.
The risk of surcharging of domestic sewage has been minimized by providing power redundancy
(back up generator) and telemetry to provide notification to City staff of mechanical issues.
3. The proposed use shall meet or exceed the same standards for parking, landscaping,
yards and other development regulations that are required in the district it wm
occupy.
The lift station will meet the setbacks__ofthe LDR District. Additionally, the lift station structure
is below the maximum height limitation for structures located within the LDR zone. The use
will not generate a measurable increase in traffic in the Foster Point Neighborhood. The
applicant has provided one parking stall for when City staff services the facility.
4. The proposed development shall be compatible generally with the surrounding land
uses.
The proposed use will provide domestic sewer service to an existing City neighborhood. Work
on the site will be limited to sporadic maintenance activities. The design of the pump station
structure is similar to surrounding single-family homes.
5. The proposed development shall to the maximum extent feasible be consistent with
and promote the goals, objectives, and policies of the Comprehensive Land Use
Policy Plan and applicable adopted area plans.
The construction of the lift station is consistent with the following two policies of the City's
Comprehensive Plan:
Policy 12.1.22
Design, construction and maintain facilities so as to minimize their impact
on adjacent neighborhoods and businesses.
The implementation method for this policy of the Comprehensive Plan is the use of public input
on siting of these facilities. Planning Staff held a public open house on July 14,2004.
Additionally, Public Works (the applicant) held three public meetings and open houses during
Brandon-M
Q:\UUP\Foster Point\Staff Report.doc
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05/18/2005
the design stage of the Foster/A:l1entown Sewer Extension Project. These meetings were held on
February 12,2004, October 27,2004, and April 21, 2005.
The applicant has designed the project with noise dampers to miniinize any noise conflicts for
surrounding residential uses.
Policy 12.1.25
Serve all existing and potential residences and businesses with sewer
utility.
The construction ofthe sewer lift station will allow the Foster Point Neighborhood to be served
by sewer, thus meeting the City Comprehensive plan requirement of providing sewers.
6. The proposed unclassified use shall, to the maximum extent feasible, mitigate all
significant adverse environmental impacts on public and private properties. Full
consideration shall be given to:
a. alternative locations and/or routes that reduce or eliminate adverse impact;
&
b. alternative designs that reduce or eliminate adverse impacts.
All possible locations for the sewer lift station are within the Foster Point Neighborhood.
Alterative locations are constrained by service area, topography, the location of the Duwamish
River, and development costs.
There is no alternative design that would further minimize the potential negative impacts.
7. In the event that a proposed essential public facility creates an unavoidable
significant adverse environmental or economic impact on the community,
compensatory mitigation shall be required. Compensatory mitigation shall include
public amenities, incentives or other public benefits that offset otherwise
unmitigated adverse impacts of the essential public facility. \Vhere appropriate,
compensatory mitigation shall be provided,as close to the affected area as possible.
The proposal is not an essential public facility of countywide or statewide nature.
8. For uses in residential areas, applicants shall demonstrate that there is no reasonable
nonresidential alternative site for the use.
The purpose of the sewer lift station is to provide sewer to an existing residential neighborhood.
All possible locations for the sewer lift station are within the residential neighborhood. The
topography and location of the river channel precludes an alternate site for the lift station outside
of the neighborhood.
9. For uses in residential areas, applicants shall demonstrate that the use provides some
tangible benefit for the neighborhood.
Brandon-M
Q:\UUP\Foster Point\Staff Report.doc
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05/18/2005
The sewer lift station wil1 aUow sewer to operate in a section of the City that is not currently
served by sewer. Septic tanks with drain fields are currently utilized in the neighborhood for
disposal of domestic sewage. The use of septic tanks severely limits the prospect of these
properties short platting in the future.
CONCLUSIONS
Conclusions regarding the unclassified use' criteria, Section 18.66.060 TMC, are as follows.
(1) \Vhere appropriate and feasible all facilities shall be undergrounded.
The applicant has placed underground those items capable of being put underground. Only the
control panel, generator, and pump house have been placed above ground.
(2) The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvement in the vicinity.
The applicant has mitigated possible negative impacts of the proposal by providing backup
power and by providing noise dampers. Staffhas added one condition to address any possible
noise impacts associated with the project.
(3) The proposed use shall meet or exceed the same standards for parking, landscaping,
yards and other development regulations that are required in the district it will
occupy.
The project meets a11 applicable design standards for the LDR zone.
(4) The proposed development shall be compatible generally with the surrounding land
uses.
The use of a pitched roof and earth tone colors a110ws the sewer lift station to blend into the
existing residential neighborhood. Staff has provided a condition to insure that the fence slats
match the colors of the building.
(5) The proposed development shall to the maximum extent feasible be consistent with
and promote the goals objective and policies of the Comprehensive Land use Policy
Plan and applicable adopted area plans.
The lift station allows the City to meet a Comprehensive Plan Goal of providing sewer to aU
residents in the City.
(6) The proposed unclassified use shall to the maximum extent feasible mitigate all
significant adverse environmental impacts on public and private properties. Full
consideration shall be given to:
a. alternative locations and/or routes that reduce or eliminate adverse impact; &
b. alternative designs that reduce or eliminate adverse impacts.
Brandon-M
Q:\UUP\Foster Point\Staff Report.doc
Page 6
os/] 8/2005
The applicant has provided noise buffers to reduce noise generated from the site. The testing of
the generator during the weekdays will reduce possible conflicts with surrounding residents. The
applicant has provided redundancy to ensure that in the event of pump failure or power failure
there will not be an adverse impact to surrounding uses.
(7) In the event that a proposed essential public facility creates an unavoidable
significant adverse environmental or economic impact on the community,
compensatory mitigation shall be required. Compensatory mitigation shall include
public amenities, incentives or other public benefits that offset otherwise
unmitigated adverse impacts of the essential public facility. Where appropriate,
compensatory mitigation shall be provided as close to the affected area as possible.
The proposal is not an essential public facility of countywide or statewide nature.
8. For uses in residential areas, applicants shall demonstrate that there is no reasonable
nonresidential alternative site for the use.
In order to provide sewer to the Foster Point Neighborhood the sewer lift station must be located
within the residential neighborhood.
9. For uses in residential areas, applicants shall demonstrate that the use provides some
tangible benefit for the neighborhood.
The proposed use will likely provide the following tangible benefits:
1. Increase property values
2. Allow existing homes to expand
3. Allow for existing lots to be platted (divided) into additional lots
4. Reduce environment impacts associated with septic systems
RECOMMENDA TIONS
Staff recommends that the City Council adopt the findings and conclusions of the staff report and
approve an unclassified use permit for a sewer lift station at 13361 56th Ave South with the
following conditions:
1. Prior to issuance of any building permits for the sewer lift station, the applicant shall
submit a noise study, prepared by a qualified professional showing compliance with
Chapter 8.22 "Noise" of the Tukwila Municipal Code.
2. The fence slats placed in the surrounding perimeter chain-link fence shall be green in
color.
Unclassified Use Permits are valid for one year from the date of approval by the City Council
(TMC 18.66.070).
Brandon-M
Q:\UUP\Foster Point\Staff Report.doc
Page 7
05/l8/2005
COUNCIL AGENDA SI1'NoPsIs
��c� Iraitialr ITEM NO.
N i tlleetinn Date 1 Prepared by 1 Mayor's review Council review 1
t ss I 06/06/05 1 PO 1 I i
to\
7
(2)
908 I 1
IT EM-INFORMATION
CAS NUMBER: REF: 05-073 I ORIGINAL AGENDA DATE: 5/9/05
AGENDA ITEM TITLE A Resolution Establishing Hearing Examiner Rules of Procedure.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 5/9/05 Mtg Date Mtg Date 6/6/05 tl itg Date Mfg Date it ftg Date Mtg Date
SPONSOR Council Major Adr,t Svcs DCD Finance Fire Legal P&R Police PW/ I
SPONSOR'S State law requires those cities that use hearing examiners to promulgate rules of
SUMMARY procedure. These rules will provide for efficient processing of administrative hearings.
REVIEWED BY COW MVItg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'1•E: F &S 5/2/05; COW 5/9/05
RECOMMENDATIONS:
SPONSOR /ADM. Approve the resolution
CON-- MITTEE Finance Safety recommended approval of resolution
-COST IMPACT /=FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A
Fund Source:
Comments:
1 MTG. DATE RECORD =OF COUNCIL ACTION
5/9/05 1 Discussed at COW;forwarded to Regular Meeting
=MTG. DATE: ATTACHMENTS
6/6/05 1Memorandum to CA &P Committee Dated June 1, 2005
Hearing Examiner's Rules of Practice and Procedure (Exhibit A)
Resolution final format adopting Rules of Practice and Procedu +e
1
I a
I I I
INFORlvIATION MEMO
To: ~ I ,. Community Affairs and Parks Committee
From:_~~Shelley Kerslake
Date: IY~ June 1, 2005
Subject: Hearing Examiner Services
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.
DISCUSSION/ANAL YSIS/ 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
RECOMivIENDATION
Adoption of the Hearing Examiner Rules of Procedure.
Attachments:
Proposed Rules of Procedure.
Resolution
EXHIBIT A
CITY OF TUKWILA
HEARING EXAMINER
RULES OF PRACTICE AND PROCEDURE
TO ALL INTERESTED PARTIES:
Please find enclosed a copy of the revised rules governing proceedings before
the City of Tukwila Hearing Examiner. The amendments to the rules were
adopted by the Tukwila City Council at its regular meeting of
and are effective as of that date.
Extra copies of the Hearing Examiner Rules of Practice and Procedure may be
obtained rrom the Department of Community Development, the Public Works
Department, or the City Clerk.
HEARING EXA1VIINER
RULES OF PRACTICE A1~D 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 Definitions........................................................................................ 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 vVithdra\val......................................... .............. ............ .......... ......... 10
3.04 Party Representative Required........................................................ 11
3.05 Notice of Appearance .....................................................................11
3.06 Intervention..................................................................... ................ 11
3.07 Notice of Hearing............. .. ... .............. ... ......;.. .......... .............. ........ 12
3.08 Discovery........................................................................................ 12
3.09 Subpoenas....................................................................................... 12
3.10 Default......................................................... ................................... 13
3.11 Hearing F onnat ..... ..'........................................................................ 13
3.12 Record.. ........ ...... ............................................................................. 14
3.13 Reconsideration.............................................................................. 14
3.14 Subsequent Appeal......................................................................... 14
SECTION 1
GENERAL ~ROVISIONS
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 Tubvila 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) "Mfidavit" - 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 permit or other type of City
action, interpretation, or authorization which 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.
CD "Examiner" - the Hearing Examiner, or a Deputy Hearing Examiner or a
Hearing Exanliner 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 contracted with the City to serve as the
City's Hearing Examiner; also used when referring to a Deputy Hearing Examiner or
Hearing Exanliner Pro Tempore appointed by the Hearing Examiner to preside over a
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) "Intervenor" - one who voluntarily enters a pending lawsuit because of a
personal stake in it.
(0) "Motion" - a request made to the Hearing Examiner, whether written or oral,
for an order or other ruling.
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(P) "Offer of propf' - a chance to state for the record what the evidence would
have shown if it had been admitted.
(q) "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 trom it.
(r) "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 pennit 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.
(s) "Public hearing" - a hearing held by the Hearing Examiner for the purpose of
preparing a recommendation for the City Council (see "Appeal hearing").
(t) "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.
(u)
adopted.
"Rules" - the Hearing Examiner Rules of Practice and Procedure, as currently
(v) "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 detennined 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.
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 first-class, registered, or certified mail, or by facsimile (fax)
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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.
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 Tubvila
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 hearing, 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 WI1NESSES
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;
Permit 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) The 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 a:ft;er 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 ofthis section
and may also rule upon such motions orally.
2.12 HEARING ON WRITTEN 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 oftheir important affairs.
(b) The Examiner may exclude evidence that is irrelevant, umeliable, 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 form 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 during 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 subj ect 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 subj ect.
(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 permit or require
written briefs or oral argument.
(d) If the Examiner determines 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 determines 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) Where 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, Qr 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
copymg.
2.22 DISCLOSURE OF PUBLIC RECORDS
Hearing Examiner decisions and recommendations, the hearing record, and associated
official files, are public records and shall be available 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 ~otice of Appeal must be in writing and contain the following:
(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
detennines 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, mvolous, 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 ofthe Examiner.
(d) A withdrawal request shall be made in writing by the appellant.
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3.04 PARTY REPRESENTATIYE REQUIRED
When a pmiy 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 inform 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 permit 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 permitted at
any time up to the time of hearing.
Page 11
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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). lfthe 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 pennitted. The Hearing Examiner may prohibit or limit
discovery where the Hearing Examiner detennines it to be unduly burdensome, harassing, or
unnecessary under the circumstances ofthe 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.
Page 12
C:\Documents and Settings\Pamela-O\Local Settings\Temp\Hearing Examiner Rules - 6.I.DOC
(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 mlings 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 FOR1\1AT
(a) Appeal hearings, although generally informal in nature, shall have a
stmctured format 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.
Page 13
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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 ofthe 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 movmg 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
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A~~
'" ^' ... >!J1"'~ ...~. 'i
ky-' ... t:K ..:'l Q
~k;,))j
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING THE CITY OF TUK"VILA 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 RESOLVES 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 TUKvVILA, 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:
Hearing Examiner Rules SK:kn 612/2005
Page 1 of 1
COUNCIL AGENDA SYNOPSIS
IL A
r J i 0( 4 r 2 Initials ITEM No.
e 11:11%t4 ri 1 tlleetins Date Prepared by Mayor's review 1 Council review
Bbaker for
06-06-05 D. Tomaso
rsoa 1 1
ITEM INFORMATION
CAS NUMBER: 05-083 I ORIGINAL AGENDA DATE: JUNE 6, 2005
AGENDA ITEM TITLE Permit allowing public display of fireworks on July 4, 2005, at Fort Dent Park,
WITH CONDITIONS
CATEGORY Discussion Motion Resolution E Ordinance Bid Award Public Hearing Other
tll tg Date 1 Mtg Date
Mtg Date ((D. Mtg Date Mtg Date Mtg Date Mtg Date
SPINSOR Council ivlayor Human Services
Adm Svcs DCD El Finance Fire Legal n Pe:7 R Police PW/
SPONSOR'S Battalion Chief Tomaso has reviewed the permit application for a public display of
SUMMARY fireworks and supports the application WITH CONDITIONS. Tom Whitacre has applied
for the permit and has done so for (at least) the past two years.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
Make a motion to approve the permit application, WITH
SPONSOR /ADMIN. CONDITIONS
COMMITTEE Same as sponsor.
COST IMPACT FUND SOURCE 1
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
1 MTG. DATE 1 RECORD OF- COUNCIL ACTION
MTG. DATE ATTACHMENTS
06 -06 -05 Memorandum to Chief Olivas from D. Tomaso dated June 1, 2005
Listing of Fireworks Permit Conditions
I Copies of application for public fireworks display and supporting documentation
Tllkwila
Fire Depart111ent
Steven iVL jY1ullet, iV/a or
Nicholas J. Olivas, Fire Chief
Memorandum
Date: June 1, 2005
TQ~: '_,~ Ch~f Olivas
. ;"'\. f\5 \
Fr in~/C Tomaso
Re: Public Fire Works Display Permit
I have reviewed the permit application information provided by Mr. Tom Whitacre who
has applied for the permit for a public fireworks display at the Stariire Sports Complex,
14600 Stariire Way. Mr. Whitacre is a licensed Pyrotechnic Operator with the State of
Washington and with the Bureau of Alcohol Tobacco and Fire Arms. The State
Department of licensing also licenses Mr. Whitacre to transport fire works.
The display will be held in conjunction with the City's planned event on the 4th of July,
"Family Fun at the Fort", being organized by the Park and Recreation Department. This
will be a 25 to 30 minute show starting at approximately 2200 hours. The fireworks will
be transported to the site in the AM of July 4th and will be under the required supervision
while on location until they are discharged. The mortar tubes and other equipment will
be brought to the location on July 3.
The application was reviewed to WAC 212-17 and accepted industry standards, and I
find everything is within these guidelines
I do have some concerns this year regarding the Rail Road right of way, baseball fields
and the limited access this allows. In addition, a portion of the fallout area includes a
portion of a commercial property within the City of Renton. I have contacted Renton Fire
Officials and have not received a response at the time of this memo. I was not able to
ascertain if Renton has a concern with the commercial property being in the fall out
area. Last year the Renton Fire Marshal approved our plan, which is the same this year
as last year.
Headquarters Station: 444 Andover Park East . Tukwila, Washington 98188 . Phone: 206-575-4404 . Fa.1C: 206-575-4439
City of Tukwila
Page 2
Crowd control can be a potential issue as the crowd that assembles to watch the fire
works show has increased each and every year. Last year the traffic leaving the site
was difficult to manage with the available Tukwila Police on site. To mitigate these
issues, I believe the following measures should be done.
. Stage two fire apparatus at the site: one apparatus on each side of the Railroad right of
way. Apparatus shall be out of service during the display and for 30 minutes following
display.
. Have Tukwila Police provide crowd control during the Public display. A minimum of 6
officers will be required. (~ast year we had 4) Provide traffic control to the Fort Dent
Way and Interurban Ave intersection to expedite traffic flow.
. Comply with Fire Works Permit Conditions attached.
Headquarters Station: 444 Andover Park East " Tukwila, Washington 98188 · Phone: 206-575-4404 · Fax: 206-575-4439
To:
From:
Re:
Date:
FIREWORKS PERMIT CONDITIONS
Mr. Tom Whitacre
B/C. Tomaso
July 4th Fireworks display
June 1,2005
1. Notify Washington State Patrol, Contact Lt. Bill Gardner at 425-649-
4658.
2. Notify FAA specialist, Ted Melland at 425-227-2536 or 425-227-
2500.
3. Notify BNSF railroad resources at 1-800-832-5452, 2 hours prior to
display time.
4. Establish Safety perimeter a minimum of 30 minutes prior to display
start.
5. Have discharge monitors in visible uniform clothing.
6. No Pyrotechnics to be brought to site prior to the day of the display.
7. All personnel inside the safety perimeter shall use Personnel
Protective equipment as outlined in NFPA 1123.
8. Portable fire extinguishers shall be in place, prior to unloading of
pyrotechnics from transport vehicle. (2A 20 BC Minimum Size)
9. 6 - Tukwila Police officers shall be on site a minimum of 30 minutes
prior to the start of the display for crowd control.
10. Tukwila Fire Department shall inspect mortar racks prior to loading
of any pyrotechnic shells.
11. Tukwila Fire Department shall inspect all static displays upon
completion of set up.
12. Two Tukwila Fire Department apparatus shall be on location prior
to the start of the display.
13.Any breech of the safety perimeter shall suspend the display until
the perimeter is cleared and reestablished.
14. Upon completion of the display, the f~l!out area shall be checked
for unexploded shells. Cleaning of debris, If not practical on the
night of the event, shall be at first light the next day.
15. No combustible (llaterials shall be stored inside the safety
perimeter.
" - ,
TO: Governing body of city, town or county in which display is to be conducted.
APPLICATION
FOR PUBLIC FIREWORKS DISPLAY PERMIT"
I DATE OF APPLICATION
f.:gRTfiI~~&ii%~~~~\~~Ei11~~Ji~i~&~~~~~~~!lTh~~~!~~'i;1~t~~~i~~~~t~~~{Jii~~(~j:~~~~~f?6~~~~ii
~~~~~i~~~~~~~~~:~~~~lF~rt~i
NAME ADDRESS PHONE
Entertainment Fireworks, nc. PO Box 7160 Olympia WA 98507-7160 360-352-8911
SPONSOR ADDRESS PHONE
Tukwila1s Famil 4th 14800 Interurban Ave S., Tukwila WA 98188 206-767-2305
;r:kYR@mE0Htmj010ff8R!A1fGr8!~f~f@~~i'i~~~f~~~~1t{$1~~i~&'t.1t,-t1tt~%i%1:t?~~~W~;g;~:-0:i?o~:li~Jti~j'~lrtr~%l;1ft]i~~~4~,{'it%!:~~~~tJf~~~}~,
NAME "ADDRESS LICENSE #
Tom Whitacre 3800 NE 6th Place, Renton WA 98056 P-004092
~A'MR:$Wrm\S~~$WTlrgftt'~tat1[~i~tr6b~1~~i11:1f~fi:'~1:~~~.!~~~l?~,~~t~YJt~1&fff~3~Zflf~i~t:r~&~t:'o%2~~k~~$t$:~1~~'};;}~:M'?l
NAME ,1 . ! ADDRESS /I /}" .J-. AGE
"" ??1o../11 /':> 07 58 ?n (/1 fle...- V'--~/c:w u.>' .5"0
NAME ADDRESS AGE
~'~~~6J~~@:~mfB:NrtQR~~FaR~1f~~~Ea1DTsitl~~~~~~~~~~~~~~~~~~w~~~~~~%~~i~f~~Wi~f~~~11~~~~jt~~~.~~W(!:~
Fort Dent Park 14$00 Interurban
Tukwlla WA 98188
3.0'-' Salutes - u to 140, Multi-shot Cake Devices u to 3.0"" - '12,
3.0" Aerial u to 102, 4~0" Aerial " -5.0" Aerial - u :to 95,
6.0" Aerial u to 71 G C Iczs e O-.eVI<:...eS-~ 200+
Delivered to site da
~~m~WflRlI~eI@tflr6]Rtm~1F~~~i[~fi~~f~1'=f~~wk~~:~~.~f~~~~.Jl:;;~J:~A19~{~~~~~!~~~~~i~~~Ji~~~{~
BONDING OR INSURANCE CO.
Britton Gallagher & Associates
(Mark One)
[KJ Bond or certificate of insurance attached
o Bond or certificate of insurance on file with State Fire Marsha
Bond or certificate of insurance shall provide minimum
coverage of $50,000/$1,000,000 bodily injury liability for each
person and event, respectively, and $25,000 property damage
ADDRESS
6240 SOM Center ~d. Cleveland OH 44139
I
I PART II PERMIT
PERMIT # DATE:
In accordance with the provisions of RCW 70.77 and applicable local ordinances this permit is granted to conduct a
fireworks display as per the ab"ove application.
NAME
(Full name of person, firm or corporation granted permit)
RESTRICTIONS:
- .
Signature of Offical granting permit)
Permit not valid without verification of
State General Display License" "
,
(Title)
.LICENSE NUMBER C-04085
. (Instructions on reverse side)
nistrihtlfion' WHITF fA): I or.:ll Fire Allthoritv' YFLLOWm). Rt:ltf! Fir!'! M:lrsh:ll's Offir.f!: PINKfC)' Pf!rmitf!f!
<lflflfI"A'JfI r\<;fI'R n1,n1 \
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE [MMlDDfYYYY}
4/19/2005
PRODUCER THIS CERTIFICATE [S ISSUED AS A MATTER OF INFORMATION
Britton-Gallagher and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6240 SOI.j Center Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Cleveland OH 44139 . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I NAIG#
[NSURERS AFFORD[NG COVERAGE
INSURED INSURER A: Lexington Insurance Co I
Entertainment Fireworks, Inc. INSURER B: Granite State Insurance Co. I
P. O. Box 7160 INSURER C: I
Olympia WA 98507-7160 INSURERD: I
INSURERE: I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELO\'! HAVE BEEN ISSUED TO THE INSURED NN~ED ABOVE FOR THE POLICY PERIOD nIDICJl.TED.
NOT\'!ITHSTh'IDING fu~Y REQUIREMENT, TERl-1 OR COl\'DITION OF ANY CONTR.Z\.CT OR OTHER DOCffi.UmT IHTH RESPECT TO I'iHICH THIS
CERTIFICATE V~Y BE ISSUED OR !1AY PERTAIN, THE IUSURfu~CE AFF9RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS, EXCLUSIONS AL'TD CONDITIONS OF SUCH POLICIES. A=REGATE LHlITS SHO\'lN HAY HiWE BEEN REDUCED BY PAID CLAlt~S.
INSR DO'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR NSRL ,
A X ~NERAL LIABILITY 2831366 2/1S/2005 2/15/2006 EACH OCCURRENCE $1,000,000
COMMERCIAL GENERAL LIABILITY ~~E'6~~~9E~~~~~nce) $50,000
- U CLAIMS MADE D OCCUR
- MED EXP (Anyon.. person) .
PERSONAl & ADV INJURY .1,000,000
- 1.2,000,000
GENERAL AGGREGATE
f--- 1$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG
n POliCY n P~RT n LOC
B AUTOMOBILE LIABILITY CA62658522 2/15/2005 2/15/2006 COMBINED SINGLE LlI,11T $1,000,000
'X ANY AUTO (Ea accidenl)
f--- Is
ALL OWNED AUTOS BODILY INJURY
f--
SCHEDULED AUTOS (Per person)
f---
X HIRED AUTOS BODILY INJURY
X- [Per accidenl} $
NON.OWNED AUTOS
-
PROPERTY DAMAGE S
(Peracddent)
GARAGE liABILITY AUTO ONLY - EAACCIDENT $
~-ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGGI $
EXCESSIUMBRELLA LIABILITY - EACH OCCURRENCE $
:::J OCCUR D CLAIMS MADE AGGREGATE 1$
$
==i DEDUCTIBLE :;;
RETENTION $ $
-r WCSTATU-, I -rOTH-
WORKERS COMPENSATION AND TORY" IMITS ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/P ARTNERlEXECUTlVE
OFFICER/MEMBER EXCLUDED? E.l. DISEASE- EA EMPLOYEE $
If yes, describe under E.l. DISEASE - POLICY LIMIT S
SPECIAL PROVISIONS below
OTHER
-
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Date of Display: July 4, 2005. Location: Ft Dent Park 14800 Interurban Ave S, Tuko'lila \'!A 98188. Addl. Insureds:
Tukwila's Family Fourth at the Fort, City of Tukwila, Tukwila Fire Dept., their officers, agents, and employees when
acting in their official capacity as such.
CERTIFICATE HOLDER
CANCELLATION
SHOULD fu'TY OF THE ABOVE DESCRIBED POLICIES B'" CANCELLED
BEFORE THE EXPIR.Z\.TION DATE THEREOF, THE ISSUING INSURER
City of Tuk\./ila (Tukwila's Family Fourth HILL ENDEAVOR TO J.LZlIL 30 DAYS '/lRITTEN NOTICE TO THE
at the Fort CERTIFICATE HOLDER NN~ED TO THE LEFT,. BUT FAILURE TO DO SO
C/O 12424 42nd Ave S SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AllY KlrID UPON
Tublila \'IA 98168 THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~~~
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
Tom Whitacre
Family 4th Fort Dent Park Aerial Photo
�1ILA,
COUNCIL AGENDA SYNOPSIS
4 144 Initials ITEM NO.
O
t JIo1 d 1 1 fleetin Date 1 Prepared Mayor's review f oundl mien.
r y'. O' 06/06/05 1 SL 1 r4 I S
rsa
o
c) ITEM INFORMATION
CAS NUMBER: 05-084 I ORIGINAL AGENDA DATE: 6-6-05
AGENDA ITEM TITLE Mastandrea Zoning Change Request
CATEGORY Discussion Motion Resolution Ordinance Bid Award 1 1 Public Hearing Other
ll tg Date Mfg Date 1•Itg Date l ltg Date Mtg Date illtg Date 111g Date
'SPONSOR Council Mayyor• Adm Svcs ®DCD 1 1 Finance Fire Legal P611 1 1 Police n PTV
SPONSOR'S Mr. and Mrs. Mastandrea have requested that the Council amend the RC Zoning District to
SUMMARY allow them to continue leasing their lot at 14650 Military Road South for commercial
parking without meeting current setback requirements.
REVIEWED BY COW Mtg. Egl CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1•E: 05 -2'-- 05 1 2.-05
RECOMMENDATIONS:
SPONSOR /ADMIN. Take no action
COMMITTEE No recommendation
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION 1
6 -6 -05 1
1
MTG. DATE ATTACHMENTS 1
6 -6 -05 Staff Memorandum dated 6/1/05
5 -24 -05 CAP Minutes
Letter from Mr. Hanken (Attorney for Xtra Car) dated 5 -23 -05
Letter from Mr. Mastandrea dated 5/4/05
Letter to Mr. Mastandrea dated 4/15/05
4/12/05 CAP Minutes
IV1 E M 0 RAN DUM
TO: Tub-vila City Council
Mayor Mullet
FROM: Steve Lancaster, DCD Director
vJ--
fr
RE: Mastandrea Zoning Change Request
DATE: June 1, 2005
ISSUE
Mr. Dario Mastandrea has written a letter requesting that the City Council amend the RC
Zoning District to allow him to continue leasing his lot to a currently illegal airport
parking business, see attached. The CAP discussed the issue at their May 24th meeting
and decided to send it to the full Council for discussion with no recommendation.
BACKGROUND
Mr. Mastandrea previously met with the CAP about this issue on Aprillth. CAP
requested that staff write the Mastandreas a letter outlining their options and the costs for
corning into compliance with code requirements, see attached. The City has suspended
code enforcement action until June 15th to allow the Mastandreas to explore their options.
DISCUSSION
In order to accommodate the Mastandreas the City Council would have to amend the
following provision in the Zoning Code:
TMC 18.24.020 Permitted Uses
12. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial environments are not
negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening
from adjacent streets.
The request is to remove the 175 foot setback requirement, however the requirement that
the parking be located behind a building would also have to be removed. This would
open up additional lots throughout the RC Zone to commercial parking operations.
NG
Q:'.Maslandrea\lvlasc 6 6.DOC
Page I
OS/27.2005
In addition, Staff calculated that the cost of complying with landscaping, paving, striping
and storm drainage requirements would be approximately $35,000 to $40,000. The
above code change would not remove any of these requirements.
OPTIONS
The Council may:
1) Forward the proposal for a Zoning Code amendment to the Planning Commission
for a public hearing and recommendation;
2) Request additional information from staff or the Mastandreas; or
3) Decline to take any action.
RECOMMENDATION
Staff recommends Option 3 listed above.
Allowing a proliferation of airport parking lots in the Tuhvila International Boulevard
corridor is contrary to the goals ofthe Comprehensive Plan. The RC Comprehensive
Plan designation is intended to be:
"characterized by commercial services, offices, lodging, entertainment, and retail
activities with associated warehousing and accessory light industrial uses, along a
transportation corridor and intended for high-intensity regional uses."
Stand-alone parking lots are low-intensity uses that do not contribute to the vitality of the
neighborhood. Staff recommends that Council not act on the requested Zoning Code
change.
NG
Q:'i\'!astandrca\\!ast, (, 6.DOC
Page :2
05'21,2005
,\ ! "'"",,
;\JU",,^,
Community and Parks Committee
May 24, 2005
Present:
Joe Duffie, Chair; Joan Hernandez, Dennis Robertson
Steve Lancaster, Rhonda Berry, Evie Boykan, Derek Speck, Nora Gierloff, Lucy
Lauterbach; Eda and Dario .rvrastandreas, Jim Hankin-Extra Car; Steve
Detweiler, Matt Martel
*
1. Zonin2 Code Amendment The Mastandreas family has allowed their property to be used by
Extra Car to park cars of people who leave their car for longer periods. The property is zoned
Regional Commercial (RC), which d,oes not allow airport parking unless it is in a structure with
ground floor retail, or ifit's 175 feet behind a building. When the couple came to the City in
April, the Committee had directed DCD write a letter detailing the options the couple could take
to become legal. The letter was written, and a date of June 15 was set as the date by which the
issue must be resolved before code enforcement takes steps to close the lot. Mr. Mastandreas
then wrote the City asking the Council to amend the RC zoning designation to allow him to use
his property for Commercial Parking. Another option would be to apply for a zoning change to a
zone such as Light Industrial that would allow the parking lot.
Daria Matandreas said they have lived in the area for a long time, and the property was zoned
Business and Commercial. Steve noted it changed to RC in 1995. Mr. Hankin, Extra Car's
attorney, suggested that a conditional use or variance be allowed, as the parking does not affect
anyone negatively. Another suggestion was to' enlarge the park and ride definition to include
airport parking, and designate it a park and ride lot.
Dennis said the City had spent considerable effort and expense to upgrade Tukwila International
Boulevard in an effort to improve the highway. He said he did not support changing the zoning
code, and would prefer the "take no action" option, which would end their appeal. Joan said it
would be hard to justify Light Industrial zoning in this location. She appreciated the fact that the
Mastandreas property was well cared for, but agreed that the Council could not allow airport
parking in the RC zone without the current restrictions. She wanted the couple to know what
other options they had. Steve L said there is a large range of businesses allowed in RC, but the
couple said they didn't want to build a building for a business. Joe said rules are made to be
followed, and the Mastandreas property has rules also that must be followed. In the end, Joe and
Joan favored the option of sending the issue to the COW without a committee recommendation.
No committee recommendation; send to CO\V.
2. Sin2le Familv Nei2hborhood Housin2 Options The Committee had agreed to look at
different concepts for housing in low density areas of the City. There are currently no options
other than a standard house. Cottage-type housing, compact (i.e. small) houses, and duplexes or
triplexes are all options not currently allowed in Tukwila. Staff proposed a demonstration project
with criteria that would allow the city to observe how one of these developments could work.
Dennis expressed concern that manufactured houses could make up a cottage housing
development. Though the design standards might not disallow that, staff thought it not feasible.
LAW OFFICES OF
RECEIVED
JAlvIES C HANKEN
999 THIRD AVENUE, SUITE 3210
SEATTLE, WASHINGTON 98104
PHONE (206) 689-1205
FAX (206) 689-7999
jhanken@hankenlaw.biz
Tv:X/ ;2:3 2G05
COMMUNiTy
DEVELOPMENT
May 23, 2005
Tukwila City Council
c/o Steve Lancaster
6300 Southcenter Blvd.
Tukwila, "VA 98188
Re: RF A05-053
Dear Council Members:
This office has been asked to support and assist the applicant for the modification ofthe RC
zone to allow parking to continue as it is currently operates at 14650 Military Road South, Tukwila,
Washington. This is for a park and fly operation.
Dario Mastrandrea, who owns this property and lives next door, has sought modification of
the RC zone to allow this use. We support that and propose that the language for commercial
parking be the same in the RC zone as it is in the Light Industrial zone. Alternatively, the definition
of Mass Transit could be modified to include associated parking or parking for rapid transit, rail and
airline services as part ofthe mass transit definition. This would allow the property to be reviewed
and considered under the variance process. Or, alternatively, the definition of Park and Ride could
be expanded to include this use. This would allow the property to be reviewed and considered under
the conditional use process.
The purpose of the use is airport storage parking. It is not a commercial parking lot in the
sense that cars are brought there parked by the owners and then taken off at the end of the parking
period by the owners. It is in fact a storage area by a park and fly operation who uses this for parking
cars of air passengers who are in need of longer tenn storage. The cars are brought there with the
May 21,2005
Page 2
intent of storing them for some short period of time. The parking will be done by employees of the
business rather than the customers. It is more of a storage operation rather than a parking lot.
Alternatively, this office has been authorized to assist Mastandrea in an application for a re-
. -
zone of the property from the RC designation to a LI or other similar designation which would
authorize this type of use. At the pres~nt time they are seeking assistance and support of neighbors
to participate in a petition for this re-zone. We recognize that re-zones are a part of the
comprehensive plan amendment and re-zone process that is only before the City Council on an
annual basis. Therefore it will take additional and further time. However, this approach is only
desirable if there is no conditional use, variance or redefmition available to achieve the objectives of
the Mastandreas. We suggest and urge that the redefinition concept is in the best interests of all.
This approach would utilize the internal processes of the City of Tukwila to recognize this
current use as being appropriate and justifiable at this location. It is consistent with this
neighborhood in transition and provides the Mastandreas with economic return and assistance from
their investment. And this is an important consideration because they are entitled to the fruits oftheir
labors and entitled.to have the income from this property to support them in their retirement years.
We respectfully request your earnest consideration of this proposal. \Ve are prepared to meet
with Steve Lancaster and other members of the planning department to develop alternative
approaches to preserve for the applicants their investment and property value through this current
use. We urge the City Council to look favorably on the application of the Mastandreas.
Sincerely,
/""""'
(;,.~~~
(JImes C. Hanken
May 4, 2005
Tukwila City Council
c/o Steve Lancaster
6300 Southcenter Blvd.
Tukwila, WA 98188
Re: RFA05-053
Dear City Council:
I am the owner of RC zoned property located at 14650 Military Road South. Currently
this property is used for airport storage parking. The cars there are not obtrusive,
noisy, or unsightly.
It has been brought to my attention that I am in violation of City Ordinance 1986. The
property does not have the proper drainage, surface, or landscape. In addition, the
parking is not set back 175 feet.
I am requesting that the City Council remove the requirement that commercial parking
in the RC zone be structured or set back 175 feet. I make this request for the following
reasons:
. My lot is only 200 feet deep. A set-back of 175 feet renders the area useless.
. The presence of non-offensive vehicles parked in this space is actually an
improvement to the neighborhood.
. My property is the only vacant lot in the area. The surrounding businesses are
'grandfathered in' so that their parking configurations are not in violation of
the ordinance. To allow me to have cars parked within the front 175 feet would
be consistent with the neighborhood.
. It appears that there is a great need for airport parking. To cooperate with the
city of Sea Tac in this endeavor would do much to promote service and good
will between the communities.
I am willing to comply with all codes for property improvements as soon as possible. In
the meantime, I ask the Council to extend the June 15th deadline and allow me to
continue parking cars until this issue is resolved.
Thank you for your attention to this matter.
Sincerely,
L)~ ?Jt Cl-J5I..~rrWt4t/
Dario Mastandrea
14654 Military Road South
Tukwila, WA 98168
206-242-1538
City of Tu/(1Nila
Steven M. Mullet} Mayor
Department of Community Development
Steve Lancaster, Director
April 15, 2005
Mr. and Mrs. Mastandrea
14650 Military Rd. S.
Tukwila, WA 98168
RE: RFA05-053
Dear Mr. and Mrs. Mastandrea,
At the Tukwila Community Affairs and Parks Committee meeting on April1ih I was
asked to outline the steps you would need to take to maintain the illegal park and fly use
at your property on Military Road. I understand that you purchased the property in late
1999 and immediately demolished the existing house and carport. No building permits or
business licenses have been issued for the site since, so I assume that it has been vacant
for most of the past five years.
On March 9th Tukwila's Code Enforcement Officer received a Request for Action
complaint about vehicles being parked on a gravel lot at 14650 Military Road South.
After investigation it was determined that the lot was being used for airport parking
without a business license and did not meet landscaping, screening or storm drainage
requirements. There was also in illegal cargo container on site, see pictures below.
~----,--
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NGJack Pace
Q :\LETIERS\Mastandrea. DOC
6300 Southcenter Boulevard, Suite #100 e Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665
Page I
04/2712005
General Parking Lot Requirements
All parking areas in Tukwila are subject to the Zoning Code requirements listed at TMC
18.56.040:
7. Surface.
a. The surface of any required off-street parking or loading facility shall be paved with
asphalt, concrete or other similar approved material (s) and shall be graded and
drained as to dispose of all surface water, but not across sidewalks.
b. All traffic-control devices, such as parking stripes designating car stalls, directional
arrows or signs, bull rails, curbs and other developments shall be installed and
completed as shown on the approved plans.
c. Paved parking areas shall use paint or similar devices to delineate car stalls and
direction oftraffic.
d. Where pedestrian walks are used in parking lots for the use offoot traffic only, they
shall be curbed or raised six inches above the lot surface.
e. Wheel stops shall be required on the periphery of parking lots so cars will not protrude
into the public right-of-way, walkways, off the parking lot or strike buildings. Wheel
stops shall be two feet from the end of the stall of head-in parking.
Your approximately 17,000 square foot lot is gravel and is required to be paved, striped
and landscaped in order to be used as a parking area. Paving an area 5,000 square feet or
larger triggers compliance with the King County Surface Water Design Manual and
possible water quality, retention or detention requirements.
I have come up with a schematic design that would create 42 parking spaces on your lot.
A very rough estimate of the cost to construct the improvements required by code would
be $35,000 to $40,000, see attached.
General Landscaping Requirements
In the RC zone 10 feet of front yard landscaping and 5 feet of side yard landscaping is
required. In addition 15 square feet oflandscaping is required for each parking stall,
provided in landscape islands of at least 100 square feet.
Commercial Parking Lot Requirements
In December 2001 the City Council, reacting to a concern about the proliferation of
airport parking lots, passed Ordinance 1986 that imposed limitations on commercial
parking businesses. Commercial parking is only allowed in the RC, RCM, TUC, CILI,
LI, HI and TVS zones. Your lot is zoned Regional Commercial eRC). New lots in RC,
RCM, TUC, CILI are required to be:
a. located within a structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial environments are not
negatively impacted by the parking use, or
NG
Q:\LETTERS\i\rIastandrea.DOC
Page 2
04/27/2005
b. located at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening
from adjacent streets.
Under the current RC zoning commercial parking could only be established on the
Mastandrea property as part of a mixed use structure that 'would require design review,
landscape confonnance and stonn drainage. In the LI, HI and TVS zones commercial
parking is not required to meet the above screening requirements.
Options
1. Request that the City Col.incil remove the requirement that commercial parking in
the RC zone be structured or set back 175 feet. This would apply to all areas of
RC zoning in the City, see below. You would start by submitting a letter to the
Council Members stating the reasons why the requirement is inappropriate for
this entire area and hO\v the change would be consistent with the intent of the
zone and the Comprehensive Plan.
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Of course, the Council could decline to make the change. In that case your only
alternative would be to apply for a rezone.
2. File an application to rezone the property to a zone that does not require
commercial parking to be structured or set back such as LI, HI or TYS. This
zoning would have to have logical boundaries, covering more than just your
parcel. An application form is enclosed and would require payment of a $1,000
NG
Q :\LETTERS\Mastandrea. DOC
Page 3
04/27/2005
fee and preparation of public notice materials, a development proposal and a
discussion of consistency with the criteria.
Under either of the two options listed above the standard paving, striping, landscaping
and storm drainage improvements would have to be constructed and the cargo container
would have to be removed.
The City will suspend code enforcement action for 60 days to allow you to decide on
your course of action. Please reply in writing to let us know your intent and by June 15th
submit either a letter to the Council per option 1, a complete rezone application or
evidence that the park and fly op~ration has stopped.
Sincerely,
.~~.
Steve Lancaster
DCD Director
Enclosures
CC: Community Affairs and Parks Committee
Pamela Linder, City Council President
Kathy Stetson, Code Enforcement Officer
Rhonda Berry, City Administrator
NO
Q:\L E1TERS\Masrandrea.DOC
Page 4
04114/2005
Cost Estimate for 42 Parking Spaces
11,500 sf
Community Affairs and Parks
April 12, 2005
Present:
Joe Duffie, Chair; Joan Hernandez, Dennis Robertson
Rhonda Beny, Steve Lancaster, Evie Boykan, Stacy Hansen, Kathy Stetson, Nora
Gierloff, Lucy Lauterbach; citizens Kathy Hogarty, Edna Morris, Dario and Edna
Mastandrea; Trappers Carl and Sylvia Jensen
1. CDBG Expenditures President Bush cut CDBG funding from his proposed budget, and
though there are some moves to replace it by Congress, the funding is threatened. Evie and Stacy
presented a spreadsheet from South:King County cities showing how their CDBG funds have
been spent. Over $4 million goes for programs such as home repair, senior nutrition, First Home
buying, and food bank services. Joan suggested a letter be signed by all the Council and sent to
support affordable housing and CDBG. Informatjon~ action recommended.
2. Coyotes in Tukwila Kathy Hogarty recounted several neighbors' experiences with coyotes
threatening them, coming into their yards in the day time, and onto a front porch. The last close
sightings were two weeks ago.
Carl and Sylvia Jensen tallced about their business of trapping. They can get nuisance pennits to
trap nuisance animals like coyotes, arid these are allowed under the 1-713 ban on traps. Traps
have advanced to be kinder to the trapped animal. Carl said trapped coyotes generally first try to
get out of a trap, but then lie down and try to hide with the trap on their leg. Traps are checked
every day, and animals caught are destroyed. Carl sai~ it cQuld be effective to catch the alpha
pair who lead packs, because ifthey were removed, the pack would scatter. He has already
removed several coyotes throughout the general area.
Attractive nuisances that attract coyotes are dog, cat and pet food left outside, and cats and small
dogs that are left outside. Rabbits, chickens, and squirrels are also coyote food. Dennis noted
that because cats can be a threat to birds, they should not be left out to roam. He said some
people do enjoy seeing coyotes, and object to them being destroyed. He thought it might be
viable for the trapper to try to trap the lead apha pair of coyotes if they're still in Tukwila. Joan
asked about the special permit Carl must get to trap coyotes in Tukwila. The state permit can
take two weeks, though sometimes it comes much faster. She raised concern about the liability
the city would take on if we did use a trapper. Lucy will check with some other cities that have
* used Carl's services to see how they handle liability. Research issue; reschedule.
3. Mastandrea Property Code Violation Mr. and Mrs. Mastandrea are facing code violations
for using their property for airport parking without a business license and without meeting the
requirements for commercial parking. To meet requirements for commercial parking they would
need to build a structure to contain the parking, as they do not meet setback requirements that
would have allowed screening. They tried to convince the committee the use of their property on
the edge of the city limits as an airport car park did not bother the neighbors, was not visible
ITom an arterial, and should be allowed. They have graveled the lot and enclosed it with a
cyclone fence. To be allowed in an area other than industrial zones, screening the parking by
Community and Parks
April 12, 2005
Page 2
(continued)
enclosing it in a building with ground floor retail or commercial uses, or being 175 feet from an
arterial and screening it from public view behind a building and with extensive landscaping and
other screens is required. If the area were paved, drains and other surface water appurtenances
would also need to be installed. Mr. and Mrs. Mastandreas continued to list reasons why they
should be allowed to continue their use. They said they cannot afford to put parking in a
building.
Dennis noted the Council could not change the zoning for only this property, as that would be
spot zoning that is not allowed. Another option would be to remove the requirements for meeting
setback and screening requirements or building a parking garage in the RC zone, but that would
affect property in many areas of the city, with wide implications for the highway uses. For the
property owner to change the zoning of his property to industrial zoning so that a garage is not
needed, it would need to go through a zoning code change.
The committee agreed that staff should prepare a letter outlining the steps needed for the
property to be legally used for parking. The Mastandreas would then have 60 days before code
enforcement action would be taken. If they agreed to pursue the change, the case will remain
open. Write letter with necessary requirements.
4. 2005 Countywide Planning Policy Amendment Ratification With Sea Tac's agreement to
withdraw their proposed annexation designation of the Tukwila Valley South(TVS) area, TVS
can now be added to Tukwila's Proposed Annexation Area. This is one change included in King
County's Planning Policy Amendments for 2005. Another proposed change was that Burien
wants to have their downtown be designated an Urban Center. The committee members
supported the King County ordinance adopting all t~e changes for 2005. Recommend
ordinance to COW.
Minutes by LL
~COmmittee chair approval
Tentative Agenda Schedule
MEETING 1 - c~ MEETING 2- MEETING 3 - MEETING 4 -
MONTH
REGULAR ~ -...... -- C.O.W. REGULAR C.O.W.
.- -
June 6 13 20 27
Special Presentation: Appointments:
See agenda packet Ikawa presentation Sister Cities Committee.
cover sheet for this (trip review). Public Hearing:
week's agenda Public Hearing: Proposed Sign Code
(June 6, 2005 Transportation amendments regarding
Regular I\1Jeeting). Improvement Program. scoreboards, animated
Special Issues: signs at public facilities,
Realignment of signs not visible from
So. 178th St. at adjacent businesses and
Southcenter Pkwy. right-of-way, and signs
Public meetingjormat. located at museums.
Unfinished Business:
Resolution adopting the
2006-2011 Transpor-
tation Improvement
Program.
New Business:
Shoreline Master Plan
map amendment.
Public meetingjormat.
July 5 (Tuesday) 11 18 25
41"_
Independence
Day
(City offices
closed)
August 1 8 15 22
21" -
Fifth Monday
of the month- COMMITTEE OF THE
no COllncil WHOLE MEETING TO
meeting BE FOLLOWED BY A
scheduled SPECIAL MEETING.
)>
)> City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
)> Civil Service
Commission,
5:00 PM (CR #3)
> City Council
Committee of the
Whole Mtg.,
7:00 PM
(Council
Chambers)
--- -
. ..)lJpc()J1ling:.~~~~t~~g~:~~:.:F;x~n t~:.p:..
._ 0__" _ .~
.JUNEZ005 -
...
.' ','--.' ::.-'
.7th. iiesda
)> Chamber of
Commerce Gov't.
& Community
Affairs Cmte.,
12:00 NOON
(Chamber Office)
11th (Sat.).
Seattle Southside
Visitor Center's
PUBLIC
OPEN HOUSE
12:00 NOON to
4:00 PM
Our new office is
located at 14220
Interurban Ave. S.
)>
> Utilities Cmte,
5:00 n.I fCR Hi)
CANCELLED
> Arts Commission,
5:00 PM
(Community
Center)
M
Stop by for family
fun and games,
food, live music,
and classic cars!
..l4tli"..Tiiesda.
)> Community
Affairs & Parks
Cmte, 5:00 PM
(CR #3)
:J5fhf. eiL
)> Crime Hot
Spots Task
Force Mtg.,
10:00 AM
(CR #5)
Chipper Day
)> Library Advisory
Board, 7:00 PM
(Foster Library)
)> Parks
Commission,
5:30 PM
(Community
Center) .
)> Apt. Managers
Networking
Lunch,
12:00 NOON
(Community
Center)
)> Highway 99
Action Cmte,
7:00 PM
(Community Cfr.)
> Apartment Managers' Networking Lunch: 3rd Thurs., 12:00 Noon (bring a lunch). TCC. Contact Robbie Bums at 206-242-8084.
)> Arts Commission: 1st Tues., 5:00 PM. TukwiIa Community Center. Contact Kimberly Matej at 206-767-2342.
)> Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st 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 A.\1. Foster HS Main Parking Lot.
Dispose of prunings and plant materials from the Longhomed Beetle quarantine area. Drive your truckload of materials to the
parking lot and we'll help unload, chip, and dispose of materials fiee of charge. Be sure to bring ill with quarantine 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. Cont: Room #3. Contact Bey Willison at 206-433-1844.
)> Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #3.
)> COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Cant: RID #5. Marja MUITay (206-433-7175).
> Crime Hot Spots Task Force: 3rd Wed., 10:00 AM. ConE Room #5. Contact Marja Murray at 206-433-7175.
:>> Domestic Violence Task Force: 3rd Thurs., 12:00 Noon. Cant: Room #5. Contact Evie Boykan or Stacy Hansen at 206-433-71 80.
> Equity & Diversity Commission: 1st Thurs., 5: IS PM. Showalter Middle Schoo] Library. Contact Lucy Lauterbach at 206-433-1834.
)> Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM. Conf. Room #3.
)>Highway 99 Action Committee: 2nd Tues., 7:00 PM. Tukwila Community Center. Contact ChiefDaye Haynes at 206-433-1812.
)> Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM. Human Services Office. Contact Evie Boykan at 206-433-7180.
)> Human Services Providers: 11 :30 AM. TCC. (tentative schedule: 3/J 8,611 7. 9116. 12/2). Contact Stacy Hansen at 206-433-7181.
)> Library Advisory Board: 2nd Tues., 7:00 PM. Foster Library. Contact Bruce Fletcher at 206-767-2343.
)> Parks Commission: 3rd Wed., 5:30 PM. Senior Game Room at Community Center. Contact Kimberly Matej 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.
).;- Transportation Committee:. ~nd & 4th Mon., 5:00 PM, Conf. Room # I.
~ Utilities Committee: 1st & 3rd Tues., 5:00 PM. Cont: Room #1.
~ Court = Busv Court and/or'Jury Calendar (noted to alert employees and citizens of potential parking difficulty).