Res 03-404RESOLUTION NO. 03-404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DENYING THE APPEAL
OF THE HEARING EXAMINER DECISION FILE NO. 03-05
APPROVING THE CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY PROCESS IV APPLICATION TO
SITE A CLASS 1 ESSENTIAL PUBLIC FACILITY WITHIN
THE CITY OF FEDERAL WAY
WHEREAS, the Central Puget Sound Regional Transit Authority (hereafter "Sound Transit"
or "Applicant") applied to the City of Federal Way for approval to site a Class I Essential Public
Facility ("EPF") consisting of a transit center, including a parking structure (hereafter "Project"), at
the southwest comer of 23rd Avenue South and South 316th Street within the Federal Way City
Center Core; and
WHEREAS, the Federal Highway Administration and the Washington State Department of
Transportation jointly issued an Environmental Assessment and a Finding of No Significant Impact
for the Project under the National Environmental Policy Act ("NEPA"); and
WHEREAS, Sound Transit, as lead agency for environmental review under the State
Environmental Policy Act ("SEPA"), adopted the NEPA Environmental Assessment and issued a
threshold Determination ofNonsignificance ("DNS") for the Project; and
WHEREAS, Sound Transit's DNS was appealed to the Sound Transit Hearing Examiner by
Gateway Center, Inc., Gateway Center Retail, LLC, Gateway Center Hotel, LLC and Federal Way
Joint Venture ("Gateway Appellants"); and
Res. # 03-404 , Page 1
and
WHEREAS, the DNS was upheld by Sound Transit Examiner decision dated July 26, 2002;
WHEREAS, the Sound Transit Hearing Examiner decision was appealed by the Gateway
Appellants to the King County Superior Court (Case No. 02-2-23888-2), which dismissed the SEPA
appeal with prejudice on March 17, 2003; and
WHEREAS, on April 15, 2003, the King County Superior Court dismissal was appealed by
the Gateway Appellants to the Washington State Court of Appeals, Division I, File No. 52198-5-1,
which appeal was later dismissed by a Stipulated motion to dismiss Gateway Appellants and claims
with prejudice on September 22, 2003; and
WHEREAS, the City of Federal waY Hearing Examiner ("Examiner"), Stephen K.
Causseaux, Jr., held an open public heating on June 24, 2003 to review Sound Transit's application
for approval under Federal Way's criteria for an EPF and for Process IV; and
WHEREAS, the Examiner issued a decision on July 17, 2003 approving Sound Transit's
application; and
WHEREAS, the Examiner's decision was appealed on July 31, 2003 by Brian Tacke (Great
Harvest Bread Company); Cindy Yohan & Stacey Keen (Westfair Home D6cor & Gifts); Jim
Prinzing; Stan Parente (Salon Parente); Daryl Reichstein (Hillside Plaza); Daniel Casey as an
individual and as representative for Citizens for a Vibrant City Center, as President of OCI, Inc. and
as Managing Partner of the South 320th Federal Way Partnership; Pam Kebre; and Hector Santa
Cruz; (hereafter "Appellants"); and
Res. # 03-604 , Page 2
WHEREAS, the City of Federal Way City Council (hereafter "Council") held a closed record
appeal hearing on October 22, 2003 (oral argument), continued to October 27, 2003 (Council
deliberations) to consider the appeal; and
WHEREAS, after considering the appeal based on the record, briefs, Staff Report, oral
argument, and limited additional evidence as described herein, the Council denied the appeal as set
forth below.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Findings and Conclusions. The Council makes the following findings and
conclusions:
(a) The appeal was filed on July 31, 2003, within the time period prescribed by FWCC
22-447(b) (Clerk's Documents A).
(b) Sound Transit filed a motion on September 5, 2003 to strike alleged errors 8, 13 and
14 (Clerk's Documents E). Appellants filed an opposing brief dated September 10, 2003 (Clerk's
Documents F), and Sound Transit argued its motion again in its Response Brief dated September 19,
2003 (Clerk's Documents G).
(c) At public hearing on October 22, 2003, prior to hearing argument on the merits of the
appeal, the Council heard oral argument from both Respondent and Appellants regarding the motion
to strike alleged errors and voted to deny Sound Transit's motion to strike alleged error number 8,
Sound Transit withdrew its motion to strike alleged error 13 (Council Transcript - Clerk's
Documents C, p. 43 lines 10-15 (mislabeled as testimony of David Larson), and Appellants conceded
that alleged error 14 should be stricken. (Id. p. 21 lines 14-15)
Res. # 03-404 , Page 3
(d) Appellants filed Appellants' Brief dated September 5, 2003 (Clerk's Documents G).
(e) Respondent Sound Transit submitted a response brief dated September 19, 2003
(Clerk's Documents G) and Appellants submitted a reply brief dated September 26, 2003 (Clerk's
Documents H).
(f) The Council heard and considered argument and public comment (Council Transcript
- Clerk's Documents C, pp. 6-8, 106-112, 115).
(g) The Council considered all briefs, motions, argument, exhibits, staff report, and
public comment and, on that basis, adopted all findings and conclusions of the Examiner's July 17,
2003 decision (Clerk's Documents A).
Section 2. Additional Findings and Conclusions. The Council hereby adopts the following
additional findings and conclusions.
(a) Appellant sought to admit public comment in the form of a letter dated October 22,
2003 from Daryl Reichstein, one of the Appellants listed in the Notice of Appeal, which stated on
behalf of Hillside Plaza Associates that they "strongly oppose the approval of the city's decision to
construct the Sound Transit Park & Ride located at 316th and 23rd.'' (Council Exhibit 1)
(b) The Council finds and concludes that Assignment of Error Number 1 is without merit.
The Examiner's reference to Sound Transit v. City of Tukwila, Central Puget Sound Growth
Management Hearings Board (hereafter "the Board") Case No. 99-3-0003, was not error. The
Examiner did not base his decision on the Board decision, but upon his application of Federal Way
City Code. The Board's decision recognizes the definition of a regional transportation facility and
the parameters of a City's authority to impose reasonable conditions and mitigation measures as
expressed in the statutes mentioned in Finding 6(B). The issue before the Council is whether the
Res. # 03-404 , Page 4
Examiner committed error in applying the requirements of Federal Way City Code. Appellants did
not present any argument or evidence to show the Examiner violated any provision of the EPF code.
Furthermore, Appellants did not challenge Examiner Finding 6(B), which identifies the statutory
scheme interpreted by the Board decision. Challenged Examiner Finding 6(C) adds nothing to
Finding 6(B), which Appellants failed to challenge. There is no merit to this assignment of error.
(c) The Council finds that Assignment of Error Numbers 2 and 7 are without merit
because they reference Comprehensive Plan amendments that the Council allegedly adopted in 2001.
As the record shows, the City did not adopt Comprehensive Plan amendments concerning the transit
center in 2001.
(d) Council finds that Assignment of Errors Number 3 and 10 concerning the
environmental impacts, including safety and transportation issues, are without merit, and are beyond
the Examiner's and this Council's jurisdiction to consider. Environmental impacts were reviewed in
the NEPA and SEPA determinations. Many of the Appellants participated in the appeals of Sound
Transit's SEPA determination. (See Hearing Examiner Exhibit 14: Notice of Appeal; SEPA Appeal
to Sound Transit Examiner; SEPA Appeal to Superior Court and SEPA Appeal to the Court of
Appeals).
(e) The Council finds that Assignment of Error Numbers 4 and 11 are without merit.
FWCC 22-946.1 (b)(4) requires "the sponsor [shall] document whether any alternative sites have
been identified." The Examiner is correct when he states in paragraph 7D that the sponsor, Sound
Transit, documented a significant number of alternative sites that were explained in the NEPA
Environmental Assessment and that, as a result of that process, there were multiple screenings at
which the Appellants could have commented on the alternative site selection process. The
Res. # 03-404 , Page 5
Appellants had, and many took advantage of, the opportunity to comment on the site selection
process at the environmental review stage. With regard to Examiner's decision, paragraphs 7(D) and
9, the Examiner did not have the jurisdiction to influence the location. Rather, the Examiner had to
consider whether"any alternative sites have been identified" by the Sponsor, Sound Transit. FWCC
22-946.1 (b)(4). Sound Transit showed that alternative sites had been identified. The Appellants
failed to show by preponderance that the Examiner erred.
(f) The Council finds that there is no evidence in the record of a lack of public input on
the location or nature of the transit center, including parking garage, as alleged in Alleged Error
Numbers 5 and 6. (Clerk's Documents G (App. Br); Clerk's Documents C (HE Transcript). The
evidence listed in the Staff Report (Clerk's Documents I), and noted by the Examiner show an
abundance of public outreach on the matter. (Clerk's Documents A, Examiner Decision, p. 13,
7(F)). The Council' s Comprehensive Plan amendment hearings concerning the transit center were
open to the public, as was the Examiner's hearing for approval of the Project under EPF and Process
IV criteria. Outside of the legislative processes by the City, the responsibility for public outreach fell
upon the applicant, Sound Transit, which fulfilled that requirement as stated in the Staff Report and
Examiner decision. The Appellants' argument that these heatings were not sufficient challenge the
sufficiency of the process provided by NEPA, SEPA and the Federal Way City Code; these
arguments exceed the scope of this quasi-judicial process. The public participation requirement of
FWCC 22-946.1(b)(6) was satisfied. The Examiner did not err in findings 7(E) or 6(F).
(g) The Council finds that Alleged Error Number 8 encompassed the previous errors, and
had already been addressed by the Council in the appeal.
Res. #03-404 , , Page 6
(h) The Council finds that Alleged Error Number 9 is without merit. Although public
health, safety and welfare are significant considerations, the Examiner considered these issues in his
decision, and correctly stated that these elements were considered in the NEPA/SEPA analysis.
Appellants failed to prove by a preponderance that the project was not consistent with the public
health, safety and welfare.
(i) The Council finds that Alleged Errors 12 and 13 are without merit. Neither Alleged
Error 12 nor the Appellants' oral argument identified specific error in the Examiner's conclusions,
but referred the Council back to the earlier 11 alleged errors, thereby alleging no new issues for
review. Likewise, Alleged Error 13 concerns the letter by Dan Casey dated June 29, 2003. That
letter was written before the date of the Examiner's decision, fails to make any reference to specific
findings and conclusions in the Examiner' Decision, and raises issues identical to the issues already
considered by the Council in this appeal.
(j) Appellants alleged, for the first time during oral argument on October 22, 2003, that
finding 7G of the Examiner's decision was in error, arguing that the Examiner should have
conducted an independent review of the mitigation impacts and should not have relied upon the State
Environmental Policy Act ("SEPA") and NEPA determinations. Finding 7G addresses EPF criteria
seven - proposed impact mitigation. Appellants did not raise this issue before the Examiner, and
failed to include it in their Notice of Appeal, as required by FWCC 22-447(b). Alleged errors not
stated in a letter of appeal may not be heard FWCC 22-451(c). Appellants' 7G allegation is also
beyond the scope of this closed record appeal pursuant to RCW 36.70B.020. For these reasons,
Appellants' 7G allegation is not properly before the Council for review.
Res. # 03-~606 , , Page 7
(k) The Council concludes that the Appellants' 13 alleged errors are without merit.
Substantial evidence exists in the record to support each of the Examiner's findings, and Appellants
failed to meet their burden of proving by a preponderance of the evidence that any of the Examiner's
findings or conclusions is incorrect, as required by FWCC 22-453.
(1) There is no just reason to delay disposition of this appeal.
Section 2. Decision on Appeal. Based on the foregoing findings and conclusions, the Council
takes the following action:
The Council approves the Examiner' s July 17, 2003 decision that the proposed Federal Way
Transit Center complies with all decision criteria applicable to Class 1 EPFs and with all Process IV
decision criteria, and is hereby approved.
Section 3 Effective Date. The Federal Way City Council hereby enters its decision in the
case of the Federal Way Transit Center Appeal of Hearing Examiner Decision FW #03-05 Brian
Tacke, Cindy Yohan, Stacey Keen, et al. v. Central Puget Sound Regional Transit Authority ("Sound
Transit") and City of Federal Way. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date
of the resolution is hereby ratified and affirmed.
Res. # 03-/404 ., Page 8
RESOLVED BY THE cITY COUNCIL OF THE CITY OF FEDERAL
WASHINGTON this 18th day of November 2003.
CITY OF FEDERAL WAY
M~R, JEANNE BUR~IDGE d
lJ
&TTEST:/~
CIT¢ CLE~, N. ~fiRiST~E G~N, CMC
WAY,
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
/lO/O3.
11118103
~03-404
Revised: 11/3/04/03
K:'~R. esolution\STCouncilReso2
Res. # 03-404 ., Page 9
Kasmcr& Gibbs PLtC
Property of City Clerk's Office
David A. Larson
Attorney at La,w__
(206) 233-2926~
dlarson~wkg, com
NOTICE OF APPEAL
July 31 2003
' ///"}) ~/P / 009000050
City of Federal Way
Department of Community Devel ~pment Se~'
33530 1st Way South
Federal Way, WA 98063-9718
Re'
Federal Way Park and Ride Appeal, FWHE #03-05
02-105346-000-00-UP
Notice is hereby given of an appeal as follows:
I. Statement identifying the decision being appealed - The hearing examiner's decision
of July 17, 2003 regarding the Federal Way Park and Ride FWHE #03-05. A copy of the
decision is attached hereto.
II, Statement of the alleged errors in the hearing examiner's decision - The specific
factual findings and conclusions of the hearing examiner disputed by appellant include, but are
not limited to the following:
matter.
Para~aph 6C, pages 7-8 - The Tukwila decision referred to does not control this
2. Paragraph 6D, pages 8-9 - The decision did not include the entire text of the ·
Comprehensive Plan section cited and failed to consider the amendments to the Comprehensive
Plan made in 2001 by the City Council which was made part of Exhibit 9.
3. Paragraph 7B, page 11 -The decision made in the legislative process is not
relevant and the hearing examiner failed to consider the Twin Lakes Park and Ride capacity.
The project does not comply with the transportation goals and policies of the comprehensive
plan. There is no evidence in the record that there are, or will be, "significact job opportunities
within walking distance of the transit center that will reduce dependency on thc automobile and
improve pedestrian circulation. In fact, the opposite is true. A giant park and ride downtown
will clog streets with commuters going to other cities, thereby discouraging nearby office and
other'business development.
4. Paragq)h 7D, page 12 The legislative actions of the City of Federal Way do not
support the proposed location for a parking garage as proposed.
5. Par%~2aph 7E, pa_ge 13 Thc Park and Ride wilt not provide a more diverse,
multi-modal, transportation system within the city center. The comprehensive plan does not
14574341
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
Piopert of Cit Clerk's Office
DATE: August 8, 2003
TO:
FROM:
Chris Green, City Clerk
Patricia A. Richardson, City Attorney ¥fi~v
SUBJECT: Sound Transit Land Use Appeal
Council has approved the following schedule and procedure for the Sound Transit Appeal to be
heard on Wednesday, October 22, 2003:
The transcript of the hearing before the Hearing Examiner has been ordered. The
written transcript should be available to all parties by August 18, 2003, as well as
copies of the marked exhibits.
Briefing schedule:
a. All briefs should be filed with the City Clerk by 5:00 p.m. of the designated
day.
b. Appellants' brief and any other preliminary motion by Appellant or
Respondent are due by 5:00 p.m., Friday, September 5, 2003. The page limit
for Appellants' brief, which includes attachments, is thirty-five (35) pages.
c. Respondent's response brief and any other response to a preliminary motion
that was filed on September 5, 2003 are due by 5:00 p.m., Friday, September
19, 2003. Respondent's brief, which includes attachments, is also limited to
thirty-five (35) pages.
d. Appellants' reply brief and any other reply to a response filed on September
19, 2003 are due by 5:00 p.m., Friday, September 26, 2003. The Appellants'
reply brief is li~nited to fifteen (15) pages including attachments.
3. Council will not accept any other whtten material after 5:00 p.m., on Friday,
September 26, 2003, except for the Staff Report.
4. Staff Report summarizing and anal~ing the issue(s) in the Notice of Appeal must be
filed with the City Clerk by 5:00 p.m., Friday, October 10, 2003.
The Hearing will be held on Wednesday, October 22, 2003, at 7:00 p.m.
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- FEDERAL WAY CITY COUNCIL -
Page !
Property of CJ~ Clerk's
· p0r..vman.,'t~ G
speCial Meeting/Public Hearing
Appeal of hearing examiner's Decison
on the Federal Way Transit Center
Council Chambers, City Hall
Wednesday, October 22, 2003
7:00 pm
Transcribed by: Philip T. Campbell, Jr.
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BEFORE THE CITY OF FEDERAL WAY
CITY COUNCIL
IN RE: APPEAL CONCERNING SOUND
TRANSIT PARK AND RIDE, FWHE #03-05
NO. 02-105346-000-00-UP
APPELLANTS' BRIEF
I. INTRODUCTION
This matter concerns the appeal filed by this office on behaifofa number of interested
persons ("Appellants") of the City of Federal Way Hearing Examiner's decision to grant
Process IV Essential Public Facilities approval to Sound Transit to construct a Transit
Center/Park and Ride facility including a 5-story, 1,200 stall parking garage in downtown
Federal Way (the "City"). The proposed location of the massive park and ride lot is highly
contentious and is opposed by most citizens and taxpayers who are just lear~fing of the myriad
of decisions that preceded the actual land use application, but which purport to bind the City to
approve the proposal without regard to its impacts or inconsistency with criteria of the Federal
Way City Code ("FWCC').
The approval granted by the City Hearing Examiner is the first permitting decision that
has been made with respect to the new Park and Ride proposed for 316th S. and 23rd Avenue
S, providing the public with its first opportunity to exercise their due process rights in a quasi-
judicial proceeding with respect to specific aspects of the proposal. Until the application at
issue was submitted, the transit center and park and ride lot in Federal Way has merely been in
APPELLANTS' BRIEF- I
1463286.1
ORIGINAL
Williams, Kastner & Gibbs PLLC
Two Union Square, Suite 4100 (98101-2380)
Mail Address: P.O- Box 21926
Seatlle, Washington 98111-3926
(206) 628-6600
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Prop ty of City Clerk's Office
120cvrn E
BEFORE TIlE
CITY OF FEDERAL WAY
CITY COUNCIL
In re: Federal Way Transit Center/Appeal of
Hearing Examiner Decision FW/403-05
BRIAN TACKE, CINDY YOHAN, STACEY
KEEN, et al.,
Appellants,
CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY (SOUND TRANSIT),
AND CITY OF FEDERAL WAY,
Respondents.
I.
Motion
MOTION TO STRIKE ALLEGED
ERRORS
Respondent/Sound Transit hereby moves the City Council for an Order striking alleged
errors number 8, 13, and 14 raised by Petitioner in its Notice of Appeal.
II. Facts
On July 17, 2003, the City of Federal Way Hearing Examiner issued a decision
approving the Federal Way Transit Center as a Class I Essential Public Facility ("Hearing
Examiner Decision). On July 31, 2003, the Appellants filed a Notice of Appeal asserting that
the Hearing Examiner's Decision contained fourteen alleged errors.
III. Argument
3.1 The Federal Way Municipal Code ("FWMC") clearly describes the requirements for
filing an appeal of the Hearing Examiner's Decision. It provides that hearing examiner
decisions may be appealed, however, the letter of appeal must contain a statement of alleged
errors in the hearing examiners decision, including the specific factual findings and conclusions
disputed by the person filing the appeal. See FWMC 22-447.
3.2 The Municipal Code also provides that the appeal is a "closed record appeal" as defined
in RCW 36.70B.020(1) and that the scope of the appeal is limited to the specific errors raised or
MOTION TO STRIKE ALLEGED ERRORS ~ 1
CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTIIORITY
401 S. Jackson Street
Sealtle, WA 98104
TELEPHONE: (206) 398-5000
FACSIMILE: (206) 398-5222
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, operty of City Clerk's Office
BEFORE THE CITY OF FEDERAL WAY
CITY COUNCIL
IN RE: APPEAL CONCERNING SOUND
TRANSIT PARK AND RIDE, FWHE #03-05 ,NO. 02-105346-000-00-UP
APPELLANTS' RESPONSE TO
MOTION TO STRIKE ALLEGED
ERRORS
Appellants respectfully submit this response to the Motion to Strike Alleged Errors
filed by Respondent Sound Transit in the captioned matter.
I. ARGUMENT
The Notice of Appeal flied by Appellants on July 31, 2003 complies with the minimal
requirements of FWCC 22-447 and the "Process IV Rights to Appeal" smnmary set forth on
page 22 of the Hearing Examiner's decision on appeal. The FWCC requires only that a
statement of alleged errors of the Hearing Examiner's decision be made and that specific
factual findings and conclusions in dispute be identified. Appellants are not required to make
supporting arguments for their allegations of error in the Notic~ of Appeal. The Notice serves
only to identify the findings and conclusions of the Examiner that are at issue, and to state that
those findings and conclusions are based on errors of law and/or are incorrect. See FWCC 22-
453 (stating that the Council has authority to reverse the Examiner's decision on these two
grounds if Appellants meet their burden of proof).
Even if the City Council determines that the Notice of Appeal did not strictly comply
with the requirements of FWCC 22-447, the motion should be denied because the Notice was
APPELLANTS' RESPONSE TO MOTION TO STRIKE
ALLEGED ERRORS- l
1466710.1
Williams, Kastner & Gibbs PLLC
Two Union Square, Suite 4100 (98101-2380)
Mail Address: P.O. Box 21926
Seattle, Washington 98111-3926
(206) 628-6600
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Property of City Clerk's Office
BEFORE THE
CITY OF FEDERAL WAY
CITY COUNCIL
In re: Federal Way Transit Center/Appeal of
Hearing Examiner Decision FW//03-05
BRIAN TACKE, CINDY YOHAN, STACEY
KEEN, et al.,
Appellants,
CENTRAL PUGET SOUN-D REGIONAL
TRANSIT AUTHORITY (SOUND TRANSIT),
AND CITY OF FEDERAL WAY,
Respondents.
RESPONDENT SOUND TRANSIT'S
RESPONSE BRIEF
I. INTRODUCTION
On November 27, 2002, Sound Transit applied to the City of Federal way for a land use
permit to construct a new regional transit center, with a parking structure for up to 1,200 stalls
on up to five levels at the northeast edge of the downtown commercial district at the southwest
comer of South 316th Street and 23rd Avenue South ("Transit Center"). The subject property
consists of approximately seven acres and is zoned City Center Core (CC-C). The Transit
Center is one of seventy regional transportation facilities described Sound Move and approved
by the voters in 1996. The Transit Center is a joint effort involving Sound Transit, the Federal
Highway Administration ("FHWA"), the Federal Transit Administration ("FTA"), and the
Washington State Department of Transportation ("WSDOT"), in cooperation with the City of
Federal Way.
Pursuant to FWCC 22-1, the proposed Transit Center is a Class 1 Essential Public
Facility ("EPF") subject to review under the EPF review criteria described in FWCC 22-
946.1(1) and the Process 1V review criteria described in 22-445(c). After approxixnately six
months of intensive review, the City Department of Co~nmunity Development Services issued a
RESPONDENT SOUND TRANSIT'S - 1
RESPONSE BRIEF
CENI'RAI. PUGET SOUND
REGIONAL TRANSIT AUTHORITY
401 S Jackson Street
Seattle, WA 98104
TELEPHONE: (206) 398-5000
FACSIMILE: (206) 398-5222
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°rope_try of City Clerk's Office
BEFORE THE CITY OF FEDERAL WAY
CITY COUNCIL
IN RE: APPEAL CONCERNING SOUND
TRANSIT PARK AND RIDE, FWHE #03-05
NO. 02-105346-000-00-UP
APPELLANTS' REPLY BRIEF
I. INTRODUCTION
In reviewing the arguments of the parties, the Council should keep in mind the words of
Thomas Jefferson:
"No government can be maintained without the principle of fear
as well as duty. Good men will obey the last, but bad ones the
former only. If our government ever fails, it will be from this
weakness." -- Thomas Jefferson to John Wayles Eppes, 1814
It is this Council's "duty" to overturn the flawed process that has led to this day.
The Council should also be in "fear" of the consequences of not respecting and upholding its
own laws. After all, what respect will citizens have for this body if the body does not respect
its duty as steward of the public trust?
ORIGIN L
APPELLANTS' REPLY BRIEF- 1
1472635.1
Williams, Kastner & Gibbs PLLC
lwo Union Square, Suite 4100 (98101-2380)
Mail Address: P.O. Box 21926
Seattle, Washington 98111-3926
(206) 628-6600
~,rty of City Clerk's Office
CITY OF
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
October 10, 2003
Federal Way City Council Members
paaVid Moseley, City Manager
t Richardson, City Attorney
Karen Kirkpatrick, Assistant City Attorney
Chris Green, City Clerk
Cary Roe, Public Works Director
Kathy McClung, Community Developme0n~J~t Services Director
Lori Michaelson, AICP, Senior Planne~[~ff I
Staff Report on Transit Center Appeal and
Notice of October 22, 2003 Appeal Hearing
Attached please find the staff report and notice of appeal hearing on the above referenced
matter. These documents have been distributed and mailed today in accordance with
FWCC Sec. 22-450(b). Any written comments submitted to the Department of
Community Development Services prior to the hearing from persons entitled to
participate in the appeal and within the scope of the appeal (pursuant to FWCC § 22-
450[a][6]) will be distributed to the City Council and others in accordance with code.
Property of City Clerk's Offi~
t/ec. vmerv~ .3'
AGENDA
FEDERAL WAY CITY COUNCIL
Special Meeting/Public Hearing
Council Chambers - City Hall
October 22, 2003 - 7:00 p.m.
(www. ci. fede ral-way, wa. us)
CALL MEETING TO ORDER
II.
PUBLIC HEARING
A~ppeal of Hearing Examiner's Decision on the Federal Way Transit Center · Staff Report
· Argument on Motion to Strike
· Argument on Land Use
° Citizen Comment (3-minute limit/limited to persons of record only)
· Council Deliberation
III.
EXECUTIVE SESSION
Quasi-Judicial Matter/Pursuant to RCW 42.30.140(2)
IV. ADJOURNMENT
,-'roperty of City Clerk's Office
II.
III.
IV.
AGENDA
FEDERAL WAY CITY COUNCIL
Special Meeting/Public Hearing
Council Chambers - City Hall
October 27, 2003 - 7:00 p.m.
(www. ci.federal-way, wa. us)
CALL MEETING TO ORDER
PUBLIC HEARING (continued from October 22, 2003)
Appeal of Hearing Examiner's Decision on the Federal Wa~¢ Transit Center · Council Deliberation
· Potential Action
EXECUTIVE SESSION
Quasi-Judicial Matter/Pursuant to RCW 42.30.140(2)
ADJOURNMENT