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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. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 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. 1 2 3 4 5 6 7 8 9 10 I1 12 '13 14 15 16 17 18 19 20 21 22 23 24 25 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 1 2 3 4 5 6 7 8 9 10 11 12 13 X14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 , 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 1 2 3 4 5 6 7 8 9 10 II 12 13 ,14 15 16 17 18 19 20 21 22 23 24 25 26 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 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 °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