HomeMy WebLinkAboutCity email: RE: Final Prehearing Order -- Jurgens City of Renton AppealGood afternoon,
Please see attached for the City’s Witness and Exhibit list. Per the directions in the pre-hearing order, I have not included the two exhibits as attachments to this email since they
both can be found in the City’s online project file (link below).
https://edocs.rentonwa.gov/Documents/Browse.aspx?id=8076608&dbid=0&repo=CityofRenton
Thank you,
Alex Morganroth, AICP - Senior Planner
City of Renton | CED | Planning Division
1055 S Grady Way | 6th Floor | Renton, WA 98057
(425) 430-7219 | amorganroth@rentonwa.gov <mailto:amorganroth@rentonwa.gov>
COVID-19 UPDATE
City Hall is currently closed to the public but we are still available to assist you.
* Pay Invoice and Apply for Over-the-Counter Permit: Permitting Portal <https://permitting.rentonwa.gov/#/home>
* Schedule an Inspection: Permitting Portal <https://permitting.rentonwa.gov/#/home> -OR- Building: 425-430-7202; Civil/Site: 425-430-7203
* Contact Staff:
* Staff Hours: Monday through Thursday 8 a.m. to 5 p.m. (Closed Fridays) between May 22, 2020 and July 24, 2020 to help respond to the economic challenges the City is facing from COVID-19
* Building or General Permitting: permittech@rentonwa.gov <mailto:permittech@rentonwa.gov?subject=Inquiry%20from%20Website> or 425-430-7200
* Planning: planningcustomerservice@rentonwa.gov <mailto:planningcustomerservice@rentonwa.gov?subject=Inquiry%20from%20City%20Website> or 425-430-7294
* Public Works Permitting: pwpermitting@rentonwa.gov <mailto:pwpermitting@rentonwa.gov?subject=Inquiry%20from%20City%20Website> or 206-402-8626
* Code Compliance: Renton Responds <https://rentonwa.gov/cms/one.aspx?portalId=7922741&pageId=15833143> or 425-430-7373.
P Please consider the environment before printing this email
From: Phil Olbrechts <olbrechtslaw@gmail.com>
Sent: Friday, May 29, 2020 2:17 PM
To: Steve Jurgens <sjurgens22@gmail.com>; Alex Morganroth <AMorganroth@Rentonwa.gov>
Cc: Cynthia Moya <CMoya@Rentonwa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov>
Subject: Final Prehearing Order -- Jurgens City of Renton Appeal
Final prehearing order attached. Only changes made to the draft are removal of the option to hand deliver documents to City Hall. Documents can still be mailed and emailed.
On Fri, May 29, 2020 at 9:12 AM Vanessa Dolbee <VDolbee@rentonwa.gov> wrote:
Phil,
The City has reviewed the Draft Prehearing Order and would like to request one minor amendment to section A to eliminate the options for “delivery” and have the section read as follows:
A. Document Distribution. All documents required by this Order shall be emailed or mailed to the parties at the addresses below. All documents must be received by the due dates
set by this order. For mailed documents, documents shall be deemed received three business days after mailing.
This requested change is based upon the fact that City Hall is currently closed due to the COVID-19 Pandemic and therefore delivers to City Hall that are not in the form of mail cannot
be accepted at this time.
Thank you for considering our requested change.
Vanessa Dolbee
Current Planning Manager
City of Renton | 425-430-7314
1055 South Grady Way
Renton WA, 98057
COVID-19 UPDATE
City Hall is currently closed to the public but we are still available to assist you.
* Pay Invoice and Apply for Over-the-Counter Permit: Permitting Portal <https://permitting.rentonwa.gov/#/home>
* Schedule an Inspection: Permitting Portal <https://permitting.rentonwa.gov/#/home> -OR- Building: 425-430-7202; Civil/Site: 425-430-7203
* Contact Staff:
* Staff Hours: Monday through Thursday 8 a.m. to 5 p.m. (Closed Fridays) between May 22, 2020 and July 24, 2020 to help respond to the economic challenges the City is facing from COVID-19
* Building or General Permitting: permittech@rentonwa.gov <mailto:permittech@rentonwa.gov?subject=Inquiry%20from%20Website> or 425-430-7200
* Planning: planningcustomerservice@rentonwa.gov <mailto:planningcustomerservice@rentonwa.gov?subject=Inquiry%20from%20City%20Website> or 425-430-7294
* Public Works Permitting: pwpermitting@rentonwa.gov <mailto:pwpermitting@rentonwa.gov?subject=Inquiry%20from%20City%20Website> or 206-402-8626
* Code Compliance: Renton Responds <https://rentonwa.gov/cms/one.aspx?portalId=7922741&pageId=15833143> or 425-430-7373.
From: Phil Olbrechts <olbrechtslaw@gmail.com>
Sent: Thursday, May 28, 2020 9:38 AM
To: Steve Jurgens <sjurgens22@gmail.com>; Alex Morganroth <AMorganroth@Rentonwa.gov>
Cc: Vanessa Dolbee <VDolbee@Rentonwa.gov>; Cynthia Moya <CMoya@Rentonwa.gov>
Subject: Re: Draft Prehearing Order
Good morning,
I've just received a copy of the scheduling letter sent to the parties on the Jurgens appeal. I see that the hearing will be virtual and that it is scheduled for 11:30 am, so Section
B of the draft prehearing order (attached) has been modified accordingly. I also noticed an error in the scheduling letter. The last sentence states that the appeal hearing is a closed
record appeal and that no new evidence is allowed. This requirement only applies to appeals to the City Council from appeals of land use decisions that have already been subject to
a public hearing. The requirement does not apply to this appeal. All parties are free to present any evidence that is relevant to their appeal. The parties are not limited to the
documents in the project file for the projects.
On Wed, May 27, 2020 at 10:01 PM Phil Olbrechts <olbrechtslaw@gmail.com> wrote:
Please let me know if you have any concerns or questions about the attached prehearing order by 5:00 pm on 5/29/20.
For staff, please let me know what time of day the Jurgens appeal is scheduled and whether or not you have already set it as a virtual hearing.
Please note that if the option has been left open on whether the hearing will be virtual or in-person that I prefer holding a virtual hearing to protect the health of hearing participants.
Especially since participants will need to use the elevators, the health risks this early do not appear to be worth any benefits involved in doing in-person hearings. Note that even
if the Governor's Proclamation waiving Open Public Meeting Act in-person requirements expires before the hearing date that examiner hearings are likely not subject to the Open Public
Meetings Act. I have an opinion from the Municipal Research Services Center that reaches this conclusion and will be happy to share it with the parties if they'd like to see it.
On Wed, May 27, 2020 at 4:05 PM Steve Jurgens <sjurgens22@gmail.com> wrote:
Phil-
Regarding question number 3: No.
Following up on my question on submitting a revised filing, am I able to submit this revision containing two additional exhibits?
Thanks,
Steve Jurgens
206-661-1761
On Wed, May 27, 2020, 3:58 PM Alex Morganroth <AMorganroth@rentonwa.gov> wrote:
Hi Phil,
Please see below for responses to your questions in red.
Thank you,
Alex Morganroth, AICP - Senior Planner
City of Renton | CED | Planning Division
1055 S Grady Way | 6th Floor | Renton, WA 98057
(425) 430-7219 | amorganroth@rentonwa.gov <mailto:amorganroth@rentonwa.gov>
COVID-19 UPDATE
City Hall is currently closed to the public but we are still available to assist you.
* Pay Invoice and Apply for Over-the-Counter Permit: Permitting Portal <https://permitting.rentonwa.gov/#/home>
* Schedule an Inspection: Permitting Portal <https://permitting.rentonwa.gov/#/home> -OR- Building: 425-430-7202; Civil/Site: 425-430-7203
* Contact Staff:
* Staff Hours: Monday through Thursday 8 a.m. to 5 p.m. (Closed Fridays) between May 22, 2020 and July 24, 2020 to help respond to the economic challenges the City is facing from
COVID-19
* Building or General Permitting: permittech@rentonwa.gov <mailto:permittech@rentonwa.gov?subject=Inquiry%20from%20Website> or 425-430-7200
* Planning: planningcustomerservice@rentonwa.gov <mailto:planningcustomerservice@rentonwa.gov?subject=Inquiry%20from%20City%20Website> or 425-430-7294
* Public Works Permitting: pwpermitting@rentonwa.gov <mailto:pwpermitting@rentonwa.gov?subject=Inquiry%20from%20City%20Website> or 206-402-8626
* Code Compliance: Renton Responds <https://rentonwa.gov/cms/one.aspx?portalId=7922741&pageId=15833143> or 425-430-7373.
P Please consider the environment before printing this email
From: Phil Olbrechts <olbrechtslaw@gmail.com>
Sent: Sunday, May 24, 2020 2:28 PM
To: Alex Morganroth <AMorganroth@Rentonwa.gov>; sjurgens22@gmail.com
Cc: Vanessa Dolbee <VDolbee@Rentonwa.gov>
Subject: From the Renton Hearing Examiner: Jurgens City of Renton Appeal
I serve as the City of Renton Hearing Examiner and will be conducting the appeal hearing and issuing a final decision on Mr. Jurgens’ appeal.
I will be issuing a prehearing order that identifies the procedures and hearing format applicable to the Jurgens’ appeal hearing, along with setting dates for prehearing motions
and submission of documents.
In order to prepare the prehearing order I need some information from the parties. I can probably get the information I need by email, but we can also hold a phone conference if
the parties would prefer.
By state law, I am prohibited from discussing the case with either party individually. For this reason, whenever sending me any email, please make sure that all parties to this
email are included (i.e. Mr. Jurgens, Mr. Morganroth and myself).
Please answer the following questions by 5:00 pm, May 27, 2020:
1. Mr. Jurgens does a good job of detailing the basis of his appeal in his appeal filing. It appears we can proceed most efficiently with this information by giving the City
an opportunity to file a written response to the appeal and then have Mr. Jurgens filed a written reply. Subsequent to that we can have the appeal hearing where the parties will have
the opportunity to present evidence and argument on the appeal issues raised by Mr. Jurgens. Would that process work for the parties?
Yes
2. Do the parties intend on presenting any witnesses other than the testimony of Mr. Jurgens and Mr. Morganroth?
Yes – Vanessa Dolbee, COR Current Planning Manager
3. Do the parties intend on filing any prehearing motions? Such motions would typically involve a request for a ruling on issues that don’t involve any contested facts and
can be resolved as a matter of law.
No
4. The appeal hearing will likely be scheduled for the 2nd,3rd or 4th Tuesday in June or the 1st or 2nd Tuesday in July. Please let me know if any of these do not work for
you.
Discussed in previous email conversation on 5/26
If any of you have questions, please do not hesitate to email them to me. Once I have the information requested above, I will circulate for comment a draft prehearing order that
outlines the format of the hearing and associated deadlines.