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2009 11 24 Staff Report to CouncilI OF THFp~~ 4w 9. YELM WASHINGTON City of Yelm STAFF REPORT To: Mayor Ron Harding Yelm City Council From: Brent Dille, City Attorney Grant Beck, Community Development Director Tim Peterson, Public Works Director Date: November 24, 2009 (for November 24t" City Council Meeting) Subj: Palisades West Subdivision Alteration Recommendation To leave the proposed subdivision alteration on the table to provide additional time for the applicant to respond. Background At its regular meeting of Tuesday, November 11, 2009, the City Council tabled the Palisades West subdivision alteration request. The Council tabled the matter in part to review a verbal proposal by the applicant's engineer at the meeting to obtain the required water pressure at the meter of Lot 15 by using a small water storage tank. The other reason for tabling action on the proposed subdivision alteration was to prepare an agreement which, if the subdivision alteration is approved, would: • Protect the City from all liability associated with approval of occupancy of the home without providing required fire flows. • Protect the City from all liability associated with future Department of Health requirements should additional water system improvements be required to provide adequate water pressure at the meter of Lot 15. • Protect the City from all liability associated with sewer system improvements required due to damage to the sewer system from operation of a STEP tank on lot 15 without the required pressure sustaining valve, including claims against the City by the homeowners for odors or damage to the internal home plumbing. • Address potential future owners of the home on lot 15. November 24, 2009 Page 1 of 2 Current Situation Since the last meeting, the City on November 11 at 5:48 PM, received civil plans for the installation of an individual booster pump station and sewer line filter pack. On November 16t", the City's consulting engineer provided peer review comments to the applicant's engineer. On November 24, the applicant's engineer submitted revised plans and the City's engineer has submitted this revision to the Washington State Department of Health for approval. The Washington State Department of Health has not completed its review as of today. A draft release prepared by the City Attorney was provided the applicant's attorney for review and comment on October 30t", but no comments have yet been received. The City Attorney reminded the applicant's attorney on November 17t" that this matter was still outstanding. November 24, 2009 Page 2 of 2