Req.#10985
O"INANCE NO. 2 7 5 1 0
L.I.D. No. 8643
2
3 AN ORDINANCE providing for the construction of permanent pavement with
storm drainage on Union Avenue from North 24th Street to
4 North 25th Street - northbound (Segment 1), Washington Street from
North 16th Street to North 18th Street (Segment 2), Wapato Street from
5 South 50th Street to South 51 st Street (Segment 3), and Huson Street
from South 64th Street to South 66th Street (Segment 4), creating Local
6 Improvement District No. 8643; providing for a special fund for the
7 payment of the improvement by special assessment upon the property
within the district benefited thereby, for the issuance of warrants,
installment notes, bond anticipation notes, or other short-term obligations
to pay that part of the cost and expense of the improvement assessed
9 against the property in the district, and for the payment of the remainder
of the cost thereof.
10
I I WHEREAS all of the preliminary proceedings for the establishment of
12 Local Improvement District ("L.I.D.") No. 8643 have been taken as provided by
13 law, and
14 WHEREAS the Hearing Examiner of the City, after public hearing duly
15
held, has recommended to the City Council the formation of L.I.D. No. 8643;
16
Now, Therefore,
17
18 BE IT ORDAINED BY THE CITY OF TACOMA:
19 Section 1. That there shall be constructed permanent pavement with
20 storm drainage on Union Avenue from North 24th Street to North 25th Street -
21 northbound (Segment 1), Washington Street from North 16th Street to
22
North 18th Street (Segment 2), Wapato Street from South 50th Street to
23
South 51 st Street (Segment 3), and Huson Street from South 64th Street to
24
25 South 66th Street (Segment 4), together with all other work necessary to
26
ord10985.doc-KJC/1ad
LEG 004 (11/89)
complete the project in accordance with the maps, plans, and specifications
2 prepared and now on file in the office of the Director of the Department of
3 Public Works, which maps, plans, and specifications are hereby adopted.
4 Section 2. That there is hereby created a local improvement district, to
5 be known as L.I.D. No. 8643, which shall embrace as nearly as practicable all
6 the property specially benefited by the improvements described above, which
7
property is described as follows:
8
9 Platted property:
10 That portion of the Northwest quarter of the
Northwest quarter of Section 31, Township 21
1 1 North, Range 03 East, W.M. described as follows:
1 2 All of Block 4 of THE REEVES ADDITION to
13 Tacoma, W.T., as per plat recorded in Volume 1,
Page 132, records of Pierce County Auditor;
14 situate in the City of Tacoma, County of Pierce,
State of Washington.
15
16 That portion of the Northeast quarter of the
Southeast quarter and the Southeast quarter of
17 the Northeast quarter of Section 36, Township 21
North, Range 02 East, W.M. described as follows:
18
The West 120 feet of Block 134, and the East half
19 of Block 133, AMENDED MAP OF SECOND
20 SCHOOL LAND ADDITION to the City of Tacoma,
LESS portions for alley in Block 133, as per plat
21 recorded in Volume 9, Page 41, records of Pierce
County Auditor; situate in the City of Tacoma,
22 County of Pierce, State of Washington.
23 That portion of the North half of the Northeast
24 quarter of Section 19, Township 20 North, Range
03 East, W.M. described as follows:
25
26
-2-
1,93 ord10985.doc-KJC/1ad
LEG 004 (11/89)
I Lots 1 through 13, Block 19, BARKER'S
2 ADDITION to Tacoma, Washington, as per plat
recorded in Volume 7, Page 106, records of
3 Pierce County Auditor; situate in the City of
Tacoma, County of Pierce, State of Washington.
4
All of Block 21, SOUTH PARK ADDITION to
5 Tacoma, W.T., as per plat recorded in Volume 3,
6 Page 64, records of Pierce County Auditor; situate
in the City of Tacoma, County of Pierce, State of
7 Washington.
8 That portion of the Northwest quarter of the
9 Northwest quarter of Section 25, Township 20
North, Range 02 East, W.M. described as follows:
10 All of Blocks 12 and 13, MANITOU PARK ANNEX,
11 as per plat recorded in Volume 8, Page 104,
records of Pierce County Auditor; situate in the
1 2 City of Tacoma, County of Pierce, State of
1 3 Washington.
14 Section 3. That the estimated cost and expense of the improvement is
1 5 $835,000.000; that $625,908.60 of the cost thereof shall be contributed by the
16 L.I.D. Participation Fund; that $79,000 shall be contributed by the City's Surface
17 Water Management; and that the balance of $130,091.40 shall be borne and
18
assessed against the property included in the L.I.D.
19
20 The assessments levied against the property described above shall
21 become due and payable at the option of the property owners in cash, without
22 interest, within 30 days after publication of the notice of assessment, or in ten
23 equal annual installments with interest on deferred payments at a rate to be
24 hereafter fixed, but in no event greater than .05 percent above the rate of
25 interest fixed upon sale of bond for the district; and each year one of such
26 t7
-3-
ord10985.doc-KJC/1ad
LEG 004 (11/89)
installments, together with interest due thereon and on all installments
2 thereafter to become due, shall be collected in the manner provided by law.
3 Section 4. That a special fund is hereby created, to be called
4 Local Improvement Fund, District No. 8643, which shall consist in the
5 aggregate of the several amounts assessed, levied, and collected upon the
6 several lots and parcels of land in the local improvement district for the purpose
7
of defraying the cost and expense of the improvement to be borne by the
8
9 property within the district, and into which fund shall be deposited the proceeds
10 of the sale of warrants, installment notes, bond anticipation notes, or other
I I short-term obligations drawn against the fund which may be sold by the City.
1 2 Out of the fund shall be paid the warrants, installment notes, bond anticipation
1 3 notes, or other short-term obligations, interest thereon, and the cost of the
14
improvement to be borne by the property included in the district.
1 5
16 Section 5. The Director of the Department of Public Works is hereby
1 7 ordered to call for bids for said improvements, and to proceed and complete the
18 improvements and to make out and certify to the City Council an assessment
19 roll, all as provided by law.
20 In case no bid is accepted, the Director of Public Works is hereby
21
authorized to proceed and complete the improvement by the method of day
22
23 labor or force account and by use of materials, supplies, and equipment, as
24 authorized by the City Charter and ordinances of the City. The Director of
25 Public Works shall keep a separate account of the expenditures as made and
26 the exact cost of the improvements separately computed. Upon certification by
-4-
9 ord10985.doc-KJC/1ad
LEG 004 (11/89)
the Director of Public Works that any sums are due to any person for labor or
2 materials for the improvements, the proper officers shall issue a warrant
3 therefor drawn upon the L.I.D. Fund, District No. 8643. The Director of Public
4 Works shall certify to the City Council the assessment roll on the property as
5 provided by law.
6 Section 6. Under the provisions of the laws of the state of Washington,
7
amendments thereto, and this ordinance, there shall be issued warrants,
8
9 installment notes, bond anticipation notes, or other short-term obligations,
10 issued pursuant to Ordinance No. 23412, as it may be amended, in payment of
I I the cost and expense of the district, payable out of the Local Improvement
1 2 District Fund. Such warrants, installment notes, bond anticipation notes, or
1 3 other short-term obligations shall bear interest from the date of their issuance at
14
a rate to be hereafter fixed by the Director of the Department of Finance in
1 5
accordance with the Ordinance No. 23412, and shall be redeemed from the
16
1 7 Local Improvement District Fund or by other warrants, installment notes, bond
18 anticipation notes, or other short-term obligations, or from the proceeds of local
19 improvement bonds hereafter issued.
20 Section 7. Pursuant to the provisions of the laws of the state of
21
Washington, the City Council hereby directs that the improvements be paid for
22
23 by the City in cash and that the warrants, installment notes, bond anticipation
24 notes, or other short-term obligations authorized to be issued under the
25 provisions of this ordinance be sold by the proper officers of the City in
26
-5-
ord10985.doc-KJC/1ad
LEG 004 (11/89)
accordance with Ordinance No. 23412, as it may be amended, and that the
1
2 proceeds thereof shall be applied in payment of the cost and expense of the
3 improvement.
4
Passed 2 5 2nng
5
6
7 VI
Attest:
8
9
City Clerk
10
Approved as to form and legality: Property description approved
11 7@ . L-@,@j
12 011- joined
1 3 Assistant City Aft-drney 16 h ief '@',r-ue
Public orkeDepartment
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
2 6
-6-
rl '7 ord10985.doc-KJC/Iad
LEG 004 (11/89)
2 7510
REPORT TO THE HEARINGS EXAMINER
FOR L.I.D. HEARING JUNE 12,2006- 5:00 P.M.
L.I.D. NO. 8643 Construction of permanent pavement, with storm drainage, 6n:
1h
,, @ '@@ ;I L-
Union Avenue from North 24h Street to North 25 Street - northbou
tX
Washington Street from North 16th Street to North 18th Street
iLJ
JON 7
oth
Wapato Street from South 5 Street to South 5 I't Street
Huson Street from South 64th Street to South 66th Street
Notices: Resolution No. 36841 setting the hearing date was publisheff""'-
May 4th and 5th, 2006.
Notice of Public Hearing letters were mailed to owner of record
on May 5th, 2006.
Status: Being considered for creation as the result of a petition.
Background: Estimated project cost: $835,000.00
Rate per AUF: $52.00
Total Est. Assessed to Property Owner: $130,091.40
Surface Water Management $79,000.00
City Participation $625,908.60
To our knowledge the proceedings are all proper and in
conformance with L.I.D. statutes.
Protest: 30.92% (Segment 3)
This is a I 0-year Assessment Roll.
Recommendation: Considering the amount of protest, we recommend the L.I.D.
be created.
File: lid8643
COST BREAKDOWN BY SEGMENT
, I,- JUN 7 2DO6
th Ih S
Segment 1 - Union Avenue from North 24 Street to North 25 treet - northbound
Total Assessed to Property Owners $ 13,293.90
City Participation $121,706.10
Estimated Segment Cost $135,000.00
Segment 2 - Washington Street from North 16th Street to North 18th Street
Total Assessed to Property Owners $ 25,862.50
City Participation $ 99,137.50
Estimated Segment Cost $125,000.00
Segment 3 - Wapato Street from South 50'h Street to South 5 I't Street
Total Assessed to Property Owners $31,111.60
Surface Water Management $ 9,000.00
City Participation $94,888.40
Estimated Segment Cost $135,000.00
LID Assistance (3) $ 8,492.95
Segment 4 - Huson Street from South 64'h Street to South 66 Ih Street
Total Assessed to Property Owners $ 59,823.40
Surface Water Management $ 70,000.00
City Participation $310,176.60
Estimated Segment Cost $440,000.00
LID Assistance (2) $ 5,113.00
2751o
TaCoMa City of Ibcoma
ommmmm Hearing Examiner
June 27, 2006
Ralph Rodriguez
Department of Public Works
Construction/LID Section
747 Market Street, Room 620
Tacoma, WA 98402
(Inter-office Delivery)
Re: Local Improvement District 8643 Formation
Please find enclosed a copy of the Hearing Examiner's Findings of Fact, Conclusions of Law,
and Recommendation as a result of a public hearing held on June 12, 2006.
Administrative Legal Secretary
Enclosure (1)
cc: City Clerk, City of Tacoma
Jo Alstock, Finance Department, City of Tacoma
B. Welfringer, 724 Blaine Street, Steilacoom WA 98388
Ilona Lord, 5018 South Steele Street, Tacoma WA 98409
Ma@orie Rivers, 5028 South Steele Street, Tacoma WA 98409
Joseph and Theresa Tacconelli, 6405 South Huson St., Tacoma WA 98409
Roberta A. Watkins, 5020 South Wapato Street, Tacoma WA 98409-7136
Katherine Feeney, 2409 North Union Avenue, Tacoma WA 98406-5822
Jeff Boers, 2411 North Union Avenue, Tacoma WA 98406-5811
Laura Gerdes, 2403 North Union Avenue, Tacoma WA 98406-5811
Jerome Matheson, 6439 South Huson Street, Tacoma WA 98409-1229
Rich Staatz, 6445 South Huson Street, Tacoma WA 98409-1229
Norm Bellamy, 6409 South Huson Street, Tacoma WA 98409-1229
Janet Kennedy, 6412 South Huson Street, Tacoma WA 98409-1230
German Anulacion, 3707 North 16'hStreet, Tacoma WA 98406-5201
C)Lw
747 -Niarket Street. Room 720 1 Tacoma, Washington 98402-3768 1 (253) 591-5195 1 Fax (253) 591-2003
2 OFFICE OF THE HEARING EXAMINER
3
CITY OF TACOMA
4
5
6 In The Matter Of. FINDINGS OF FACT,
Local Improvement District CONCLUSIONS OF LAW,
7 No. 8643 AND RECOMMENDATION
8
9
A public hearing on the formation of Local improvement District No. 8643 was held
10
on June 12, 2006, and the Hearing Examiner having considered the evidence presented,
1 1
reviewed the file and being otherwise fully advised, makes the following:
12
FINDINGS OF FACT:
13
14 1. The Tacoma City Council adopted Resolution No. 36841 on May 2, 2006,
15 expressing the intent of the Council to construct improvements consisting of permanent
16 pavement with storm drainage on Union Avenue from North 24tb Street to North 25th Street -
northbound (Segment 1); Washington Street from North 16 th Street to North 18th Street
17
1 8 (Segment 2); Wapato Street from South 50th Street to South 5 1 st Street (Segment 3); and
19 Huson Street from South 64h Street to South 66h Street (Segment 4); and all work necessary
20 to complete the improvement in full accordance with the plans and specifications to be
21 prepared by the City Engineer and collect special assessments to pay the cost and the expense
22 of such improvements upon real property specifically described therein to the extent that
23 such property would be specially benefited thereby. Resolution No. 36841 is incorporated
24 herein by reference as though fully set forth.
25 2. Notices of public hearing for Local improvement District (LID) No. 8643 were
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
LID 8643 City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768 FBI
-5195 FAX (253)591-2003
(253)591
Li
I published on May 4 and 5, 2006, and notices to affected property owners were mailed to
2 owners of record on May 5, 2006. Applications for the City's Local Improvement District
3 (LID) Assistance Program were included in said mailings. An Affidavit of Publication has
4 been filed with the City Clerk as well as plans and estimates required by said Resolution.
5 3. Pursuant to applicable laws and the direction of the Tacoma City Council, a public
6 hearing was held on June 12, 2006, to consider the formation of LID No. 8643.
7 4. The report of the Department of Public Works (hereinafter "DPW"), entered into
8
the record as Exhibit No. 1, indicates that this is a I 0-year Assessment Roll; the rate per
9
Assessable Unit of Frontage (AUF) is fixed and guaranteed at a rate of $52.00 (as indicated
10
on the petitions at time of their submissions); the overall estimated project cost is
I 1
$835,000.00; the overall total estimated assessed amount to property owners is $130,091.40;
12
the City's overall participation is $625,908.60; and the City's Surface Water Management
13
14 overall contribution is $79,000.00. The following is the cost breakdown by each segment:
Segment 1 (Union Avenue from North 24 1h to North 25 th Street - northbound): The total
15
16 assessed to property owners is $13,293.90, along with the City's participation of
17 $121,706.10, equals an estimated segment cost of $135,000.00. Segment 2 (Washington
Street from North 16 1h Street to North 18th Street): The total assessed to property owners
18
19 is $25,862.50, along with the City's participation of $99,137.50, equals an estimated segment
20 cost of $125,000.00. Segment 3 (Wapato Street from South 501h Street to South 51st
21 Street): The total assessed to property owners is $31,111.60, along with the City's
22 participation of $94,888.40, and the Surface Water Management's contribution of $9,000.00
23 equals an estimated segment cost of $135,000.00. Additionally, three property owners
24 qualified for the City's LID Assistance Program at a total amount of $8,492.95. Segment 4
25 (Huson Street from South 64th Street to South 66 1h Street): The total assessed to property
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
LID 8643 -2- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
I owners is $59,823.40, together with the City's participation of $310,176.60 and the Surface
2 Water Management's contribution of $70,000.00, equals an estimated segment cost of
3 $440,000.00. Further, two owners of property qualified for the City's LID Assistance
4 Program for a total amount of $5,113.00.
5 5. Testimony presented by Ralph Rodriguez, the Department of Public Works
6 (DPW), LID Section, establishes the following with regard to all four segments:
7
8 a. The oil mat surface will be removed from each segment.
Approximately one to two feet of material will be removed and
9 replaced with a structural section consisting of 5Y2" of ballast, 21/2"
10 of crushed rock, and 3" of asphalt. Curb and gutter will be
installed on each side of the improved roadways.
b. A portion of the City's contribution towards the cost of the
12 proposed improvements is funded through a Public Works Trust
13 Fundloan.
14 c. The "zone and ten-nini" formula, as set forth at RCW35.44.030 and
.040, was used to determine the preliminary assessments for each
15 property within the proposed local improvement district.
16 With regard to Segment 1, Mr. Rodriguez testified to the following:
17
a. Union Avenue currently has an oil mat surface. The proposed
18 improvements will be only to the northbound lane of Union
19 Avenue. The street width will remain at 24 feet.
20 b. The City's Arborist and Streets and Grounds staffjointly
21 conducted a site visit to study possible damage the proposed
improvements would have on a number of large and fully matured
22 maple trees located in the median of Union Avenue. None were
found.
23
24 c. The DPW, LID Section received two phone calls prior to the public
hearing. The first call was an inquiry from a property owner
pertaining to costs and financing of the proposed local
25
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
LID 8643 -3- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
I improvement district; however, no applications for the LID
2 Assistance Program have been received. The second call was from
the daughter of a property owner stating her mother intended to
3 protest. To date, no formal letters of protest have been filed with
the DPW, therefore, the protest level for this segment remains at
4 zero percent.
5 With regard to Segment 2, Mr. Rodriguez testified to the following:
6
a. Current conditions include an oil mat surface on Washington Street
7 and North l6th and North 18th Streets have existing permanent
pavement and curbs. Under the proposed improvement plan, the
8 curbs on North 16th and North 18 th Streets will extend around onto
9 Washington Street. Additionally, Washington Street will be
widened to 32 feet.
10
1 1 b. The DPW, LID Section reported the City's Arborist will be
conducting a site visit to conduct an evaluation of any possible
12 damage to the proposed street improvements by existing
13 ornamental cherry trees (shallow roots) located in the planting
strips on the east side and north end of Washington Street.
14
c. No property owners within this segment applied for the LID
15 Assistance Program.
16 d. The advisory petition was signed by 87.2 percent and the protest at
17 the time of hearing is zero percent.
18 With regard to Segment 3, Mr. Rodriguez testified to the following:
19 a. Wapato Street currently has an oil mat surface and would be
20 improved to a width of 32 feet. No sidewalks exist at this time but
they can be constructed as an additional work request by the
21 abutting property owner. The costs for the additional work would
22 be borne fully by the property owner and can be added to their
assessment which is payable over the IO year Assessment Roll
23 period.
24 b. The advisory petition was signed by 56 percent of the abutting
25 property owners within the proposed local improvement district
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
LID 8643 -4- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
1 boundaries. Three property owners have filed written letters of
2 protest and are included in the protest level of 30.9 percent.
3 c. Three property owners have applied and were found qualified for
the City's LID Assistance Program at a collective amount of
4 $8,492.95.
5 With regard to Segment 4, Mr. Rodriguez testified to the following:
6
a. Huson Street will be widened to 32 feet.
7
8 b. The advisory petition was signed by 58.5 percent of the abutting
property owners within the proposed local improvement district
9 boundaries. The level of protest is zero percent.
10 c. Two owners of property applied and were approved for the City's
1 1 LID Assistance Program.
12 c. If proposed LID 8643 is formed, the DPW plans to combine the
13 proposed storm sewer improvements with storm sewer
construction planned under the already formed LID 8630. This
14 will limit disruption to the neighborhood due to the proposed
construction.
15
6. Six owners of property within Segments I and 4 appeared and testified at hearing
16
17 in support of forination of the proposed local improvement district and another property
18 owner within Segment 4 appeared in writing in support of proposed LID 8643. A property
19 owner within Segment 2 appeared at hearing making inquiry as to how the DPW calculates
20 each assessment and voiced concerns that he was erroneously included within two local
21
improvement districts. The DPW addressed his questions and concerns and it was
22
23 determined he was correctly included only within proposed LED 8643. Also appearing at
24 hearing was a property owner within Segment 4 asking questions with regard to the costs of
25
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
LID 8643 -5- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720 0% Joe
Tacoma, WA 98402-3768 'K 6-%
(253)591-5195 FAX (253)591-2003
COOZ-169(E.96 XVA 9619-169(E9Z)
89LE-ZOV86 VAk 'B-Ootl
OZL LUOO'd '103-gS 1331-W L17L
guippEl judiotunN LLuo3t,,L
.Iau[Lutxg Suutl3H gql JO 039JO
tIU_jO3U,jJO,44!D -9- R198 (1111
NOIjLV(INHIvwO3aH ([NV
'A,tVrl aO SNOISfiriaMoa
'iavj AO SoNI(INIA
9z
-IOU
IST oqj tlz
T
2umlo-io qjIm pooooid ol Xl!o oqi JO Xl!joqint,.io uoijoipsunf oqj, (r)
:sit, ssoooid C[I-I oqljo oi?ujs uoilLuuoj oqj @?uunp poluosaid Xlj3doid sonssl Xluo oqj zz
'Xlgu'P.IODOV '(ZI60 H9'U9'qsVAk OL'dnIlvdndf0,1@0 A -'OlPuv .iodoid air jolilsi
qj T lz
oTlijosiliuiloqlj!puL,poooo.idplnoqslol4si oqljouoi uuojoqjj!miu_uajopojomsjousi
T IL, P oz
jU3LUQAo.idwi Ivool JO uoi J.U.
Itluuoj Ol piuSo., ul i?uuuoq Im i i oilljo sosodmd oiqL -Z 61
Etg 8 , ON C[[,l JO uoilVuuoj oqj ol loodsoi 81
qjIm smvI algoilddr Ilu qjIm pgildtuoo suq s3lioAA, oilqnijo jumlit'do(I oqjL -Z LI
,Z,V,ogo,EZ,jDNj .ionvtuQqjuiuoijoi sunfsvqSuuU3H3qJL -1 91
. T
:A*.Vrl dO SNOISfl'IDNOD 91
t1l
:2?ulmolloj oqj Qluoo jorajo SSUI Ull asolqj tuoij
T . El
-tjons sr poldopu Aqojoq si uioigq joujjo zi
5ui uij u oq ol powoop aq fLwqoT X
.qmpolt,is.io7jt,uia.i,oqmu-TjouoisnlouoD uV -6
T
-Isojolui JO Xlmd Xur put, ljounoD oqj Xq maiAQJ JOJ 01
6
ojqujj,eAu oju iqloq put, 'NiolD XIID oqj JO Xpoisno oqj ui si olg Itioljjo Qqj '031fjo s,j3uiumxa
5uut'OH oqljo Xpolsno oqj ui st nijutu ol-ponojoi oqj ui Iduosmil luiltqjZ)A oqjL -8 L
.101JISIP 9
IUQTUgAo.idTui Ivool posodoid oqljo soutpunoq oql ui 9
.qllm popnjoui uooq oAtiq SlUatu3Aojdtui
posodo.idall Xq polgouaq X11moods oq p1nom jvqj soillodoid osoiql XluO -L
'SJUDIMAoidmi p;Dsodoid oql
z
Joj uOlloralmoo JO Quilou-111 Qqj Put' 'SJUQUL@vd-ai luouissQssu JO suLiol 'juxuaouldw @jjum3pjs
E00Z-I6.9(C9Z) XVA 9619-169(M)
1.21 89LE-ZO1786 V/A'RW03RL
OZL LUOO'd '190-4S 1931-IM LtL
lutppg jtdto[unW muoouL
12u!1uL'xH SUUVQH 041 JO 039JO
R198 (1111
NOIJLV(INTWNOaau ([NV
'A*.VrI AO SNOISX13KO3
,jLjva,40 SqNuml
(,pojIddns siseqdma) Bu!Avd Tuppuld-ai 'Suplauld 'i?uTpiugoj 'SUTPUB nolp 'Sjoags ollqn 9Z
'sojunbs oi
.Iqnd ls3oeld OT qnd'soi
.4!1!z)i!j guWrd 'sArmInd IsoAu
p i1ird Ismul 'SpJUAojnoq 'sgnugAR 'XQIIV (1) t1Z
:z1A,jOQJQ1P
CZ
osuodxo aip JO Ind Xurio 3loqm oig Aud ol AqojQtp polgauoq @Ilrmds Apodoid uo sJumissossr lwo3ds loolloo
PUB AAQI /DOW PUB !joaJoil; uoT
goldmo3 jqj Amasmou ouop aq ol 31.iom l1v put, Aurnpio Amu !uoQioqj,@joqqnjqs ZZ
pule soog jujualurulon Dprqs JO 2uTM;)uQ1 Put' 21JjEr!UjMMH '2111.4VAT
.41no 11no 2tu L4 ai
u;)s 'gugurld oqj ol polo. s
jou inq 2ujpnI3ui Buidrospurl put, pamouoi JO 'pailvdai 'polomnswow'pajon4suoo iq ol mol3q poisT
Vioo-iolp I Z
uo!luuiqtuoo Aurio'osoig ol pojoL
qsoi jou inq Rulpnl3u! JUDIAMAOlat-Ul ITMOI Mt-' JO JJUd KU-LI JO 31 alp JQpjO
ME umollo @-413 Aut, JO ?ruoipnu OA] Tu;) 0 J 1 3 3111! 3 3111 JO 3 NM
.4UISfZ3I 01P '31inboi Amugouo Auo o s i i qnd A U
:JUT ,and jum 0Z
.pod WSOPIAoid 0t,0'EV9CA1DYI
61
Isojoid r Xq POISOAI oq 11rqs uoijoi sun
.P p gons 'umol jo X11o aqjjo 3pjsjno
S011 131
.4SI jUQUI3AOjdtui pool Xj!jjjnio joi ro I oiql
.4st jUQUI3AoidTui I o 81
P P
JO jjvdio 11vp 'lo IOU 0
Ist JUDUIOAoidtut pasodoid oqj JO jjoi juaLuss Ss
T LI
put, saltnuils3 fmunuilaid oqj Aq pumuolap pull umoqs sr Xpodoid
alqrssossu-uou joiqloio poumo-Xjjviopaj Sui AOJdTUj 5-qj
.pnjoui juouio
91
JO ISOO jujol oqj JO OJOW.10 juawatl XjxfS 01 l53 I- Ou Si jU3U1oAO1
.qns I . I P
pool X111gn 10 jD!jjS1 jUoTU3AOJffU-Ij IL5561 posMold 51qj ujfjj!V X113do.1 91
.P
5q1jo sioumo oiql Xq p5imp 'JU31MAORTU-11 Dqj ZU@IQP.Io ooutui
po 5iqj J71
JO gmssudjo 31up Qqj ujoij SMP ApItIl ui jo X115 5-qjqj!V
.qjjAA pounoo utAol
5joid L, Xq p0jSQAI aq jjvqs uotInjosoi Aq pairpp! JUXU3Aoidun
PQIU IS P El
lpoolAut,r4llmpooooidolu,v@ol.ioXIloL,joXl!joqlnL,OAT 181991
Ru
oRijouopoi sunfoill -;sajoidSqjuivijsaH 08j-j:t,-gf ZI
. P
:UOTSIAojd 2uimolloj 3qj Aq Xjuo paj!tui Xpiolnjuls Si 'aiaq asuo OT41 Si su ,(poq I I
01
QATIL11SIOal juml oiqljo uminjosw Xq polUjIlUl IOU SIP IUQIUQAoidtui pool v o1rojo ol Xjpoqjnv,
6
S,Xl!o 01IJ '13!4SI IUQIUOAoidLui pool joafps aqj oltnio ol Xjpoqjnu (XI!D) symooul
, I P 8
JO XjjD Qqj 01 3AIJ-0131 OUT o3ooid suqj In p3luosoid ajndsTp ou uooq suil oioqjL -t,
P L
,ZVE IL, 9
d4!lvnbg punwRiapufl -slum-ussassu luuU oiql ol pju2oj III 5upunq aqj 11tmu isnT-u posodoid 9
17
SIUQUIOAo.idtuioqluiogi?uillnso.iIU3uoqlt,ioodsjolunoumoqlOlQAI 10.ISDnSSI
(ZL60 IL01 PZ'd Z6t, 'ZVE 'SEE ddV uAA, 9 'aymaS, ,tQ!Ivnb puno pu
Z
.4si oilljo souvpunoqiodojd oijj (q)
.P
COOZ-169(C96 XVJ 9619-169(EgZ)
89LE-ZOt,86 VM'-03L'J,
OZL WOOW'13@)AS 1331-lt'W LtL
iluippng [udioiunW ewoouL
.13u!ulL'x9 SuuugH NIP a39J0
monj Jo Xl!o -8- ft98 Ml
NlOlJLV(lN:llVlVOjaH (INV
'AA,Vrl AO SNOISX13NOD
,jLava AO sf)Nli([NLI
-jUQUlQA0Jduu otp jo Isoo jujol olqj jo (%og) luoojad 4g uutpaiotu 9z
ol 133 fqns (II-I pisodold oqi uTql!m Xpadoid otp jo sj3utAo aT41 Xq pouSis Isolaid J7Z
UQIJPM PaA10331 suq Xj!o gap j! p3uuoj c)q jou lluqs C[I-I Posodaid ;)Tp 'SIQUANO
kliodaidjo ioqtunu julol QTP JO (%gz) luaond QAg-,4UQM4 UUTP SSQI SDIMPSU03 Ez
sjoumo kpodold p3lsissr jo ic)qumu 3qj qoRm ul s(II-I posodoid ul -Z,,
zz
:smojjojsrjit!djuQujjjodui S;)PlAoid'9661 'gZlljdVpc)ldopt,'686ZEuollnlosaw
z
TZ
oz
-iqons su poldopt, Xqoioq ST uiaigq MV11 JO
61
uoisnlouoD v Qq ol powoop oqKwu qoi m poluls oiojoqujoioq lovjjo 5ui uij XuV -8
P
81
-iodoid
LI
OM IOU ST jIl0UJ3AoidTui luool oqj joj posodoid sour unoq aqj pule S11131113Aoidim posodold
I P P 91
all Xq polljouoq X11moods aq p1nom Et,98 C[I-I pasodojd ui j!m soi odoi(I -L 9 I
'Et,98 C[[,Ijo uot uuoj aqj
. IL,
-ql!m pooooid ol Xogod jolilsi 11,131MAoidim lrool poldopt, umo SI! pur oinjuls Xq Xl!ioqlnL, oql
P
z I
su'q XImajo XjjD aill 'juacuad og moloq ST luouiBos qouoioj oomilsuoujai 3iqj;DouiS -9
-jolvoi2jolmondogsium uuojojjsajoidoqjj!sjo@ijsi qons5uiu_Uojjouxjjr.Iouos
z . IL, P ol
jo Xoilod Ituuoj u jo uoildopL, oqj q2-noiql joulsi 1113MOAoiduai lrool L, jo uoi uLioj 6
T
;Dql ql!m pQoooid ol Xl!joqlnL, Sjj PQjjUIIj.I0qPT St'q'.IQAOMOq lpounoD oq'L g 8
L
9
(-pailddns siseqdTug) ... :Xp3doid
ojqvssossr-uou joqloio poumo-Xjjujapoj iiui njoui 'umol jo Xl!o oqj
.P
jo som unoq otli oplslno inq IOU SIP jTIQ-LII3AoidLui lrool Xjjjjjn.Io IOU ST 17
. P . I . . I P
11.1311.13Aoidum luool p3sodoid c)ql ITT oujo
.qjIm,@ljodaid ol olquoollL III Aoiduii
Oqj Jo lsoo It'jol oqj jo Ind jvqj jo ojoui jo luoojod Xjxis ol joo@qns ST qoiqm
puL,'umol.ioAlloaqljos;Dut,punoqotllc)plslnoinqlDTJISI 11.101113Aoid-Lui
P z
1-cool Xill!lnio 10!JISIP jlIQTUQAoidum luool posodoid;)ql ulql!m
ST qoi Xiiadoidjo snuAw oqj Xq pougis pur jouuLui ouius oTli ui pojjj
qAk
From these Conclusions of Law is entered this:
2
3 RECOMMENDATION:
4 Based on applicable Tacoma City Council policies with respect to formation of local
5 improvement districts, the Hearing Examiner recommends the formation of Local
6 Improvement District No. 8643.
7 DATED this 27th day of June, 2006.
8
9 RODNEY M. KERSLAKE, Hearing Examiner
10
I 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND RECOMMENDATION
LID 8643 -9- City of Tacoma
Office of the Hearing Examiner
Tacoma Municipal Building
747 Market Street, Room 720
Tacoma, WA 98402-3768
(253)591-5195 FAX (253)591-2003
NOTICE
RECONSIDERATION/APPEAL OF EXAMINER'S RECOMMENDATION
RECONSIDERATION:
Any aggrieved person or entity having standing under the ordinance govemino, the
ID 11@ 11.-.@ It) 1-1
matter, or as otherwise provided by law, may file a motion with the office of the Hearing
Examiner requesting reconsideration of a decision/recommendation entered by the
Examiner. A motion for reconsideration must be in writin- and must set forth the alleged
0
errors of procedure, fact, or law and must be filed in the Office of the Hearing Examiner
within 14 calendar days of the issuance of the Examiner's decision/recommendation, not
counting the day of issuance of the decision/recommendation. If the last day for filing
the motion for reconsideration falls on a weekend day or a holiday the last day for filing
shall be the next working day. The requirements set forth herein regarding the time limits
for filing of motions for reconsideration and contents of such motions are jurisdictional.
Accordingly, motions for reconsideration that are not timely filed with the Office of the
Hearing Examiner or do not set forth the alleged errors shall be dismissed by the
Examiner. It shall be within the sole discretion of the Examiner to determine whether an
opportunity shall be given to other parties for response to a motion for reconsideration.
The Examiner, after a review of the matter, shall take such further action as he/she deems
appropriate, which may include the issuance of a revised decision/recommendation.
(Tacoma Municipal Code 1.23.140)
APPEALS TO CITY COUNCIL OF EXAMINER'S RECOMMENDATION:
Within 14 days of the issuance of the Hearing Examiner's final recommendation, any
aggrieved person or entity having standing under the ordinance governing such
application and feeling that the recommendation of the Examiner is based on errors of
procedure, fact or law shall have the right to appeal the recommendation of the Examiner
by filing written notice of appeal with the City Clerk, stating the reasons the Examiner's
recommendation was in error.
Appeals shall be reviewed and acted upon by the City Council in accordance with
TMC 1.70.
GENERAL PROCEDURES FOR APPEAL:
The Official Code of the City of Tacoma contains certain procedures for appeal, and
while not listing all of these procedures here, you should be aware of the following items
which are essential to your appeal. Any answers to questions on the proper procedure for
appeal may be found in the City Code sections heretofore cited:
1. The written request for review shall also state where the Examiner's
findin-s or conclusions were in error.
1@
2. Any person who desires a copy of the electronic recording must pay
thecost of reproducing the tapes. If a person desires a written
transcript, he or she shall arrange for transcription and pay the cost
thereof.
Notice - No Fee (7/1 1/00)
tic
@M@M pl@
REQUEST FOR ORDINANCE Request
Ordinance
OR RESOLU
Resolution
r1hooma
I 0
LDATE: JUNE 29, 2006
2. REQUESTING DEPARTMENT/DIVISION/PROGRAM CONiki@5ftSON (for questions): PHONE/EXTENSION
Hearing Examiner Louisa Legg 5195
4. PREPARATION OF AN ORDINANCE IS REQUESTED FOR THE CITY COUNCIL MEETING OF TUESDAY,
JULY 25, 2006.
5. SUMMARY TITLE/RECOMMENDATION: (A concise sentence, as it will appear on the Council agenda.)
L.I.D. 8643 - Provide for construction of permanent pavement, with storm drainage on:
(Segment 1) - Union Avenue from North 24"' Street to North 25d' Street - northbound;
(Segment 2) - Washington Street from North 16th Street to North 18'h Street;
(Segment 3) - Wapato Street from South 50th Street to South 5 I't Street;
(Segment 4) - Huson Street from South 64h Street to South 66h Street.
LOCATION: (Segment 1) - Union Avenue from North 24h Street to North 25h Street - northbound; (Segment 2) -
Washington Street from North 16'h Street to North 18th Street; (Segment 3) - Wapato Street from South 50th Street to South 5 1't
Street; (Segment 4) - Huson Street from South 64h Street to South 66th Street.
6. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
requirements? What are the viable alternatives? Who has been involved in the process?)
7. FINANCIAL IMPACT:
A. Fj No
B. Z YES OVER$100,000,FiscalNoteAttached
C. El YES, UNDER $ 1 00,000, Provide funding source information below
FUNDING SOURCE: (Enter amount of funding from each source)
Fund Number & Name: State $ City $ Other $ Total Amount
1060 - Arterial Street $625,908.60 Property $835,000.00
Fund Assessments --
4301 - Surface Water $79,000.00 $130,091.40$
Management
If an expenditure, is it budgeted?ZYes El No Where? Cost Center: 661600
529700
Acct #: 43681 1 0
6J11245
4335410 f"j F
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/Backup Material Location of Document
? Hearing Examiner Report and Recommendation w Attached
? Departmental (DPW/L.I.D. Section) Preliminary Report m Attached
9. ATTORNEY CONTACT:
10. DirectortUtility Division Approval OMBA/Finance Director Approval Approval
CITY CLERK USE
Request
Ord/Res
FISCAL NOTE
Each piece of legislation that has a financial impact or creates positions authority requires a fiscal note. After preparation
1
by departmental staff, the Office of Management, Budget, and Analysis will review the fiscal note and make any
necessary revisions before transmittal to the Legal department for legislation preparation.
DEPARTMENT: CONTACT PERSON/PHONE: OMBA CONSULTANT/PHONE:
Public Works Ralph K. Rodriguez / 591-5522 Vicki Woolley / 591-5174
Is it currently budgeted? M Yes F-1 No
Is this a grant? 0 Yes M No If Yes, F-1 Operating F-1 Capital
EXPENDITURES:
L. 1. D. 8643 - 1060 661600 LID-8643R $50,000
ES Surface Water Utility 529700 LID-8643S $30,000
TOTAL $80,000
Purpose: To pave various streets req uested by a majority.of property owners in North and South Tacoma.
REVENUES:
n
!El=- R-11
Arterial Street Fund - 1060 661600 LID-8643R-FS-Ab-ol 4335420 $50,000
ES Surface Water Utility - 4301 529700 LID-8643S-FS-AD-08 4348240 $30,000
TOTALI I $80,000
111M @@@
Property Assessments - 1060 $130,091 $130,091
Arterial Street Fund - 1060 $50,000 $575,909 $625,909
ES Surface Water Utility - 4301 $30,000 $49,000 $79,000
TOTALI $80,000 1 $624,909 1 $130,091 1 1 $835,000
OTHER ISSUES:
The requested improvements comply with the policy set forth by Resolutions 32989 and 35403.
T20
-- - ------ -
Ordinance No. 275A
First Reading of Ordinance: JUL 2 5 2006
Final Reading of Ordinance: JUL 2 5 2ODS
Passed: JUL 2 5 2ODS
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Ms. Anderson
Mr.Evans
Mr. Fey
Ms. Ladenburg
Mr. Lonergan
Mr. Manthou
Mr. Stenger
Mr. Talbert
Mayor aarsma
MEMBERS AYES NAYS ABSTAIN ABSENT
Ms. Anderson
Mr.Evans
Mr. Fey
Ms. Ladenburg
Mr. Lonergan
Mr. Manthou
Mr. Stenger
Mr. Talbert
Mayor Baarsma
g: Icityclk@cityclk\formskord-roll. doc