The URL can be used to link to this page

Janines Emails and Most AttachmentsMorris & Taraday, EC. February 21, 2010 Mayor and City Council City of Yelm 105 Yelm Avenue West Yelm, WA 98597 Ben Cushman Cushman Law Offices, P.S. 924 Capitol Way South Olympia, WA 98501 Re: Smith v. City of Doe, et al., Thurston County Superior Court Cause No. 09-2-02879-3 Dear Mayor, Council and Mr. Cushman: Although the City Council has stated that it would only accept legal briefs on February 16, 2010, by this letter I am recommending that the City Council accept the February 19, 2010 letter from Mr. Cushman. I think it is important for the Council (and all parties in this litigation) to compare Mr. Cushman's letter with the Complaint recently served on the City and on Mr. Beck in December. Almost every allegation against Grant Beck in the Complaint relates to the Smiths's false belief that he delayed their plat alteration application. Starting on page 6 of the Complaint, the Smiths allege that Mr. Beck "unilaterally postponed the hearing" on the plat amendment application, even though ``expediency was requested." On page 7 of the Complaint, the Smiths allege that Mr. Beck "fabricated obstacles in order to prevent the Smiths from occupying their home." As to the City Council, the Smiths allege that the Council "has no right or proper excuse to withhold" a plat amendment decision. Complaint, p. 9. On page 16 of the Complaint, the Smiths allege: "The City of Yelm is refusing to allow the plat amendment ... The City of Yelm and Grant Beck have no right or proper excuse to withhold these ministerial acts." Part of the relief requested by the Smiths is ``for a writ of mandamus compelling the City of Yelm and Grant Beck to undertake those ministerial acts ..." which include the plat amendment decision. I have had several conversations with Mr. Cushman on the subject of the plat amendment application, and in each conversation, he expressed his opinion that the Council should be immediately acting on his clients' application without further delay. However, in Seabeck Office: P.O. Box 948, 7223 Seawitch Lane NW, Seabeck, WA 98380-0948 Phone: 360-830-0328 Fax: 360-850-1099 Email: carol_a_morris~umsn.com Mayor and City Council Ben Cushman February 21, 2010 Page 2 complete contradiction to the allegations in the Complaint and his previous position, he states the following in his February 16, 2010 letter: Again, I reiterate the obvious: There is no benefit to the City to rush into a denial of the Smith's application to amend the final plat conditions. Your January 12, 2010 determination to `indefinitely table' the matter pending the litigation is acceptable. While we do not know what the end result of that litigation will be, now that the City has been named in the Smiths' lawsuit, your first order of business should not be to take a reasonable and workable solution out of the running. I have no idea why Mr. Cushman has made this abrupt reversal It is certainly not obvious, given that it is the opposite of the relief requested in the Smith's Complaint, which was served on the City in the last week. Therefore, my recommendation is that the Mayor and Council deny the plat amendment application on February 23, 2010 for the reasons stated in the City's Legal Brief. The Smiths' Complaint asks that the City take action on the plat amendment application, and the City should do so. The plat amendment application is not a "reasonable and workable solution" and should be rejected. There has been a death in my immediate family and I very likely will not be able to attend the Council meeting on February 23, 2010. V~~uly~ours, Carol cc: Grant Beck, Brent Dille Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Friday, February 19, 2010 5:22 PM To: City Council Subject: Palisades West 02-19-10 Attachments: 0459_001. pdf Received 4:20 pm by Fax at City Hall. From: Cushman Law Offices To: Yelm City Council c/0 Janine (Clerk) Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Tuesday, March 09, 2010 11:43 AM To: Grant Beck Subject: Grant Review Grant, please review .... Is this work for you ?Anything else needed? Do you want it sent to you directly ?Thanks RE; Palisades West, Forrester Heights, Andrew Smith Request for Records Good morning, We are in the process of collecting all the data related to the Palisades West project from start to current date. The deadline is Thursday, March 11, 2010. Please review the following schedule for completion. Jason Hardy -collecting all the emails from your computer related to Palisades West and Andrew Smith Grant -Community Development; Building, any data related to project or subsequent legal issue Janine-Admin; Legal documents, Claim Shelly -Executive; any data related to project or subsequent legal issue Stephanie -Program/Projects Manager; any data related to project or subsequent legal issue Tim -Public Works; any data related to project or subsequent legal issue Data can be in hard copy or electronic format. Please compile and deliver to Hard copies will be scanned and delivered. Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Monday, February 22, 2010 3:50 PM To: City Council Subject: Palisades Morris Response 02-21-10 Attachments: CCF02212010_000OO.pdf To: Mayor and City Council -Sunday, February 21, 2010 From: Carol Morris, Morris & Taraday RE; Morris Response to 02-19-10 Letter from Cushman attached. Please let me know if you are unable to access the attachments for review and will need hard copies made. Thank you, Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Friday, February 19, 2010 5:26 PM To: Grant Beck Subject: Palisades 02-19-10 Cushman Attachments: 0459_001. pdf Received 02-19-10 4:20 pm by Fax From; Cushman Law Offices To: City council c/o Janine (Clerk) 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Monday, February 22, 2010 3:50 PM To: City Council Subject: Palisades Morris Response 02-21-10 Attachments: CCF02212010_000OO.pdf To: Mayor and City Council -Sunday, February 21, 2010 From: Carol Morris, Morris & Taraday RE; Morris Response to 02-19-10 Letter from Cushman attached. Please let me know if you are unable to access the attachments for review and will need hard copies made. Thank you, Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Friday, February 19, 2010 5:22 PM To: City Council Subject: Palisades West 02-19-10 Attachments: 0459_001. pdf Received 4:20 pm by Fax at City Hall. From: Cushman Law Offices To: Yelm City Council c/0 Janine (Clerk) Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, March 09, 2010 11:56 AM To: Janine Schnepf Subject: RE: Grant Review Yes, I will compile and it looks great. Thank you! Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, March 09, 2010 11:43 AM To: Grant Beck Subject: Grant Review Grant, please review .... Is this work for you ?Anything else needed? Do you want it sent to you directly ? Thanks RE; Palisades West, Forrester Heights, Andrew Smith Request for Records Good morning, We are in the process of collecting all the data related to the Palisades West project from start to current date. The deadline is Thursday, March 11, 2010. Please review the following schedule for completion. Jason Hardy -collecting all the emails from your computer related to Palisades West and Andrew Smith Grant -Community Development; Building, any data related to project or subsequent legal issue Janine - Admin; Legal documents, Claim Shelly -Executive; any data related to project or subsequent legal issue Stephanie -Program/Projects Manager; any data related to project or subsequent legal issue Tim -Public Works; any data related to project or subsequent legal issue Data can be in hard copy or electronic format. Please compile and deliver to Hard copies will be scanned and delivered. Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, March 09, 2010 11:56 AM To: Janine Schnepf Subject: RE: Grant Review Yes, I will compile and it looks great. Thank you! Grant Beck, Director of Community Development City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, March 09, 2010 11:43 AM To: Grant Beck Subject: Grant Review Grant, please review .... Is this work for you ?Anything else needed? Do you want it sent to you directly ? Thanks RE; Palisades West, Forrester Heights, Andrew Smith Request for Records Good morning, We are in the process of collecting all the data related to the Palisades West project from start to current date. The deadline is Thursday, March 11, 2010. Please review the following schedule for completion. Jason Hardy -collecting all the emails from your computer related to Palisades West and Andrew Smith Grant -Community Development; Building, any data related to project or subsequent legal issue Janine - Admin; Legal documents, Claim Shelly -Executive; any data related to project or subsequent legal issue Stephanie -Program/Projects Manager; any data related to project or subsequent legal issue Tim -Public Works; any data related to project or subsequent legal issue Data can be in hard copy or electronic format. Please compile and deliver to Hard copies will be scanned and delivered. Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Tuesday, March 09, 2010 12:19 PM To: Shelly Badger; Stephanie Ray; Tim Peterson Cc: Grant Beck Subject: Data Collection RE; Palisades West, Forrester Heights, Andrew Smith Request for Records -Email search Good morning, We are in the process of collecting all the data related to the Palisades West project from start to current date. The deadline is Thursday, March 11, 2010.. Please review the following schedule for completion by the deadline (03-11-10) Jason Hardy -collecting all the emails from your computer related to Palisades West and Andrew Smith Grant -Community Development; Building, any data related to project or subsequent legal issue issue Janine-Admin; Legal documents, Claim Shelly -Executive; any data related to project or subsequent legal issue Stephanie -Program/Projects Manager; any data related to project or subsequent legal Tim -Public Works; any data related to project or subsequent legal issue Data can be in hard copy or electronic format. Please compile and deliver to Grant by the deadline. Hard copies will be scanned and delivered. Hopefully, the data is centrally located in your files to make the task less burdensome. Please let me know if you have any questions or concerns. Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Monday, February 22, 2010 3:50 PM To: City Council Subject: Palisades Morris Response 02-21-10 Attachments: CCF02212010_000OO.pdf To: Mayor and City Council -Sunday, February 21, 2010 From: Carol Morris, Morris & Taraday RE; Morris Response to 02-19-10 Letter from Cushman attached. Please let me know if you are unable to access the attachments for review and will need hard copies made. Thank you, Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 Karen Bennett From: Janine Schnepf Sent: Thursday, February 25, 2010 3:41 PM To: Janine Schnepf Subject: Modification Resolution 15:40:57 Mail Conflict Resolution 15:40:57 Subject: {SU:AWC CityVoice: Governor introduces revenue proposal; flex bills still alive; apply for recreation, conservation grants} 15:40:57 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93AA0000} 15:40:57 Checking local modifications 15:40:57 Compare named property: AVGASCheck 15:40:57 Compare named property: AVG FLAGS (IN) 15:40:57 Getting remote properties 15:40:57 Checking remote modifications 15:40:57 Compare (conflict) named property: AVGASCheck 15:40:57 Local{L:77} 15:40:57 Remote{L:77} 15:40:57 Equal 15:40:57 Compare (conflict) named property: AVG FLAGS (IN) 15:40:57 Local{L:17726631} 15:40:57 Remote{L:30244864} 15:40:57 Not equal (conflict) named property: AVG FLAGS (IN) 15:40:57 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:26, MS:342} 15:40:57 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:25, MS:843} 15:40:57 Conflict generated, local item is winner 15:40:57 Mail Conflict Resolution 15:40:57 Subject: {SU:Amending Ordinance #917 2009-2010 Budget 02.23.10} 15:40:57 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93C80000} 15:40:57 Checking local modifications 15:40:57 Compare named property: AVG FLAGS (IN) 15:40:57 Getting remote properties 15:40:57 Checking remote modifications 15:40:57 Compare (conflict) named property: AVG FLAGS (IN) 15:40:57 Local{L:17726631} 15:40:57 Remote{L:30244864} 15:40:57 Not equal (conflict) named property: AVG FLAGS (IN) 15:40:57 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:33, MS:284} 15:40:57 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:37, MS:843} 15:40:57 Conflict generated, local item is winner 15:40:57 Mail Conflict Resolution 15:40:57 Subject: {SU:RE: Board Applications} 15:40:57 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93C40000} 15:40:57 Checking local modifications 15:40:57 Compare named property: AVG FLAGS (IN) 15:40:57 Getting remote properties 15:40:57 Checking remote modifications 15:40:57 Compare (conflict) named property: AVG FLAGS (IN) 15:40:57 Local{L:17726631} 15:40:57 Remote{L:30244864} 15:40:57 Not equal (conflict) named property: AVG FLAGS (IN) 15:40:57 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:32, MS:770} 15:40:57 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:35, MS:93} 15:40:57 Conflict generated, local item is winner 15:40:58 Mail Conflict Resolution 15:40:58 Subject: {SU:RE: Smith v. Yelm, et al.} 15:40:58 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93C30000} 15:40:58 Checking local modifications 15:40:58 Compare named property: AVG FLAGS (IN) 15:40:58 Getting remote properties 15:40:58 Checking remote modifications 15:40:58 Compare (conflict) named property: AVG FLAGS (IN) 15:40:58 Local{L:17726631} 15:40:58 Remote{L:30244864} 15:40:58 Not equal (conflict) named property: AVG FLAGS (IN) 15:40:58 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:32, MS:629} 15:40:58 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:34, MS:750} 15:40:58 Conflict generated, local item is winner 15:40:58 Mail Conflict Resolution 15:40:58 Subject: {SU:Pierce County classes for March/April with space available (in date order)} 15:40:58 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93CB0000} 15:40:58 Checking local modifications 15:40:58 Compare named property: AVGASCheck 15:40:58 Compare named property: AVG FLAGS (IN) 15:40:58 Getting remote properties 15:40:58 Checking remote modifications 15:40:58 Compare (conflict) named property: AVGASCheck 15:40:58 Local{L:10} 15:40:58 Remote{L:10} 15:40:58 Equal 15:40:58 Compare (conflict) named property: AVG FLAGS (IN) 15:40:58 Local{L:17726631} 15:40:58 Remote{L:30244864} 15:40:58 Not equal (conflict) named property: AVG FLAGS (IN) 15:40:58 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:34, MS:938} 15:40:58 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:39, MS:406} 15:40:58 Conflict generated, local item is winner 15:40:58 Mail Conflict Resolution 15:40:58 Subject: {SU:RE: Yelm Interface} 15:40:58 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93AB0000} 15:40:58 Checking local modifications 15:40:58 Compare named property: AVGASCheck 15:40:58 Compare named property: AVG FLAGS (IN) 15:40:58 Getting remote properties 15:40:58 Checking remote modifications 15:40:58 Compare (conflict) named property: AVGASCheck 15:40:58 Local{L:57} 15:40:58 Remote{L:57} 15:40:58 Equal 15:40:58 Compare (conflict) named property: AVG FLAGS (IN) 15:40:58 Local{L:17726631} 15:40:58 Remote{L:30244864} 15:40:58 Not equal (conflict) named property: AVG FLAGS (IN) 15:40:58 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:28, MS:979} 15:40:58 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:27, MS:937} 15:40:58 Conflict generated, local item is winner 15:40:58 Mail Conflict Resolution 15:40:58 Subject: {SU:2010 Secondhand Safari -Community Garage Sale and Reuse Fair} 15:40:58 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93C 10000} 15:40:58 Checking local modifications 15:40:58 Compare named property: AVGASCheck 15:40:58 Compare named property: AVG FLAGS (IN) 15:40:58 Getting remote properties 15:40:58 Checking remote modifications 15:40:58 Compare (conflict) named property: AVGASCheck 15:40:58 Local{L:30} 15:40:58 Remote{L:30} 15:40:58 Equal 15:40:58 Compare (conflict) named property: AVG FLAGS (IN) 15:40:58 Local{L:17726631} 15:40:58 Remote{L:30244864} 15:40:58 Not equal (conflict) named property: AVG FLAGS (IN) 15:40:58 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:32, MS:520} 15:40:58 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:34, MS:468} 15:40:58 Conflict generated, local item is winner 15:40:58 Mail Conflict Resolution 15:40:58 Subject: {SU:FW: Smith v. Yelm, et al.} 15:40:58 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93BF0000} 15:40:58 Checking local modifications 15:40:58 Compare named property: AVG FLAGS (IN) 15:40:58 Getting remote properties 15:40:58 Checking remote modifications 15:40:58 Compare (conflict) named property: AVG FLAGS (IN) 15:40:58 Local{L:17726631} 15:40:58 Remote{L:30244864} 15:40:58 Not equal (conflict) named property: AVG FLAGS (IN) 15:40:58 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:31, MS:943} 15:40:58 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:33, MS:265} 15:40:58 Conflict generated, local item is winner 15:41:00 Mail Conflict Resolution 15:41:00 Subject: {SU:Save the date -Labor Relations Institute coming early!} 15:41:00 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93CA0000} 15:41:00 Checking local modifications 15:41:00 Compare named property: AVGASCheck 15:41:00 Compare named property: AVG FLAGS (IN) 15:41:00 Getting remote properties 15:41:00 Checking remote modifications 15:41:00 Compare (conflict) named property: AVGASCheck 15:41:00 Local{L:77} 15:41:00 Remote{L:77} 15:41:00 Equal 15:41:00 Compare (conflict) named property: AVG FLAGS (IN) 15:41:00 Local{L:17726631} 15:41:00 Remote{L:30244864} 15:41:00 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:00 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:34, MS:423} 15:41:00 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:38, MS:562} 15:41:00 Conflict generated, local item is winner 15:41:00 Mail Conflict Resolution 15:41:00 Subject: {SU:Palisades Morris Response 02-21-10} 15:41:00 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93C60000} 15:41:00 Checking local modifications 15:41:00 Compare named property: AVG FLAGS (IN) 15:41:01 Getting remote properties 15:41:01 Checking remote modifications 15:41:01 Compare (conflict) named property: AVG FLAGS (IN) 15:41:01 Local{L:17726631} 15:41:01 Remote{L:30244864} 15:41:01 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:01 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:33, MS:144} 15:41:01 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:37, MS:546} 15:41:01 Conflict generated, local item is winner 15:41:02 Mail Conflict Resolution 15:41:02 Subject: {SU:K&L Gates Legal Insight: Build America and Recovery Zone Economic Development Bonds Update: Compliance Questionnaires and Direct Deposit Option} 15:41:02 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93B90000} 15:41:02 Checking local modifications 15:41:02 Compare named property: AVGASCheck 15:41:02 Compare named property: AVG FLAGS (IN) 15:41:02 Getting remote properties 15:41:02 Checking remote modifications 15:41:02 Compare (conflict) named property: AVGASCheck 15:41:02 Local{L:1} 15:41:02 Remote{L:1} 15:41:02 Equal 15:41:02 Compare (conflict) named property: AVG FLAGS (IN) 15:41:02 Local{L:17726631} 15:41:02 Remote{L:30244864} 15:41:02 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:02 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:31, MS:568} 15:41:02 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:30, MS:375} 15:41:02 Conflict generated, local item is winner 15:41:03 Mail Conflict Resolution 15:41:03 Subject: {SU:KPG Contract} 15:41:03 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93CC0000} 15:41:03 Checking local modifications 15:41:03 Compare named property: AVG FLAGS (IN) 15:41:03 Getting remote properties 15:41:03 Checking remote modifications 15:41:03 Compare (conflict) named property: AVG FLAGS (IN) 15:41:03 Local{L:17726631} 15:41:03 Remote{L:30244864} 15:41:03 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:03 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:35, MS:16} 15:41:03 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:39, MS:718} 15:41:03 Conflict generated, local item is winner 15:41:03 Mail Conflict Resolution 15:41:03 Subject: {SU:RE: Amending Ordinance #917 2009-2010 Budget 02.23.10} 15:41:03 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93AF0000} 15:41:03 Checking local modifications 15:41:03 Compare named property: AVG FLAGS (IN) 15:41:03 Getting remote properties 15:41:03 Checking remote modifications 15:41:03 Compare (conflict) named property: AVG FLAGS (IN) 15:41:03 Local{L:17726631} 15:41:03 Remote{L:30244864} 15:41:03 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:03 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:29, MS:57} 15:41:03 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:28, MS:203} 15:41:03 Conflict generated, local item is winner 15:41:03 Mail Conflict Resolution 15:41:03 Subject: {SU:AWC Legislative Bulletin #7 -February 19, 2010} 15:41:03 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93B00000} 15:41:03 Checking local modifications 15:41:03 Compare named property: AVGASCheck 15:41:03 Compare named property: AVG FLAGS (IN) 15:41:03 Getting remote properties 15:41:03 Checking remote modifications 15:41:03 Compare (conflict) named property: AVGASCheck 15:41:03 Local{L:77} 15:41:03 Remote{L:77} 15:41:03 Equal 15:41:03 Compare (conflict) named property: AVG FLAGS (IN) 15:41:03 Local{L:17726631} 15:41:03 Remote{L:30244864} 15:41:03 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:03 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:31, MS:22} 15:41:03 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:29, MS:500} 15:41:03 Conflict generated, local item is winner 15:41:03 Mail Conflict Resolution 15:41:03 Subject: {SU:Vouchers approval} 15:41:03 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93CD0000} 15:41:03 Checking local modifications 15:41:03 Compare named property: AVG FLAGS (IN) 15:41:03 Getting remote properties 15:41:03 Checking remote modifications 15:41:03 Compare (conflict) named property: AVG FLAGS (IN) 15:41:03 Local{L:17726631} 15:41:03 Remote{L:30244864} 15:41:03 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:03 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:35, MS:94} 15:41:03 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:40, MS:125} 15:41:03 Conflict generated, local item is winner 15:41:04 Mail Conflict Resolution 15:41:04 Subject: {SU:Urgent Action Request: State Tourism Program} 15:41:04 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93CF0000} 15:41:04 Checking local modifications 15:41:04 Compare named property: AVGASCheck 15:41:04 Compare named property: AVG FLAGS (IN) 15:41:04 Getting remote properties 15:41:04 Checking remote modifications 15:41:04 Compare (conflict) named property: AVGASCheck 15:41:04 Local{L:30} 15:41:04 Remote{L:30} 15:41:04 Equal 15:41:04 Compare (conflict) named property: AVG FLAGS (IN) 15:41:04 Local{L:17726631} 15:41:04 Remote{L:30244864} 15:41:04 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:04 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:36, MS:806} 15:41:04 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:41, MS:406} 15:41:04 Conflict generated, local item is winner 15:41:04 Mail Conflict Resolution 15:41:04 Subject: {SU:UPDATE - FW: Lee the Horse Logger on area roadways} 15:41:04 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93CE0000} 15:41:04 Checking local modifications 15:41:04 Compare named property: AVG FLAGS (IN) 15:41:04 Getting remote properties 15:41:04 Checking remote modifications 15:41:04 Compare (conflict) named property: AVG FLAGS (IN) 15:41:04 Local{L:17726631} 15:41:04 Remote{L:30244864} 15:41:04 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:04 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:35, MS:156} 15:41:04 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:40, MS:406} 15:41:04 Conflict generated, local item is winner 15:41:04 Mail Conflict Resolution 15:41:04 Subject: {SU:AWC CityVoice: Senate & House release budgets, free D&A Supervisor Trainings, enter Municipal Excellence Awards} 15:41:04 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D00000} 15:41:04 Checking local modifications 15:41:04 Compare named property: AVGASCheck 15:41:04 Compare named property: AVG FLAGS (IN) 15:41:04 Getting remote properties 15:41:04 Checking remote modifications 15:41:04 Compare (conflict) named property: AVGASCheck 15:41:04 Local{L:77} 15:41:04 Remote{L:77} 15:41:04 Equal 15:41:04 Compare (conflict) named property: AVG FLAGS (IN) 15:41:04 Local{L:17726631} 15:41:04 Remote{L:30244864} 15:41:04 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:04 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:38, MS:611} 15:41:04 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:42, MS:578} 15:41:04 Conflict generated, local item is winner 15:41:04 Mail Conflict Resolution 15:41:04 Subject: {SU:City Park Request form -updates} 15:41:04 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D 10000} 15:41:04 Checking local modifications 15:41:04 Compare named property: AVG FLAGS (IN) 15:41:04 Getting remote properties 15:41:04 Checking remote modifications 15:41:04 Compare (conflict) named property: AVG FLAGS (IN) 15:41:04 Local{L:17726631} 15:41:04 Remote{L:30244864} 15:41:04 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:04 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:38, MS:736} 15:41:04 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:42, MS:875} 15:41:04 Conflict generated, local item is winner 15:41:04 Mail Conflict Resolution 15:41:04 Subject: {SU:3-2 Dpt Head Mtg} 15:41:04 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D20000} 15:41:04 Checking local modifications 15:41:04 Compare named property: AVG FLAGS (IN) 15:41:04 Getting remote properties 15:41:04 Checking remote modifications 15:41:04 Compare (conflict) named property: AVG FLAGS (IN) 15:41:04 Local{L:17726631} 15:41:04 Remote{L:30244864} 15:41:04 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:04 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:38, MS:798} 15:41:04 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:43, MS:78} 15:41:04 Conflict generated, local item is winner 15:41:04 Mail Conflict Resolution 15:41:04 Subject: {SU:AWC Drug and Alcohol Supervisor Training -March/April} 15:41:04 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D70000} 15:41:04 Checking local modifications 15:41:04 Compare named property: AVGASCheck 15:41:04 Compare named property: AVG FLAGS (IN) 15:41:04 Getting remote properties 15:41:04 Checking remote modifications 15:41:04 Compare (conflict) named property: AVGASCheck 15:41:04 Local{L:77} 15:41:04 Remote{L:77} 15:41:04 Equal 15:41:04 Compare (conflict) named property: AVG FLAGS (IN) 15:41:04 Local{L:17726631} 15:41:04 Remote{L:30244864} 15:41:04 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:04 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:43, MS:233} 15:41:04 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:48, MS:484} 15:41:05 Conflict generated, local item is winner 15:41:05 Mail Conflict Resolution 15:41:05 Subject: {SU:FW: February Update NSP} 15:41:05 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D60000} 15:41:05 Checking local modifications 15:41:05 Compare named property: AVG FLAGS (IN) 15:41:05 Getting remote properties 15:41:05 Checking remote modifications 15:41:05 Compare (conflict) named property: AVG FLAGS (IN) 15:41:05 Local{L:17726631} 15:41:05 Remote{L:30244864} 15:41:05 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:05 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:42, MS:782} 15:41:05 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:47, MS:687} 15:41:05 Conflict generated, local item is winner 15:41:05 Mail Conflict Resolution 15:41:05 Subject: {SU:March 2010 CenterFlash} 15:41:05 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D50000} 15:41:05 Checking local modifications 15:41:05 Compare named property: AVGASCheck 15:41:05 Compare named property: AVG FLAGS (IN) 15:41:05 Getting remote properties 15:41:05 Checking remote modifications 15:41:05 Compare (conflict) named property: AVGASCheck 15:41:05 Local{L:40} 15:41:05 Remote{L:40} 15:41:05 Equal 15:41:05 Compare (conflict) named property: AVG FLAGS (IN) 15:41:05 Local{L:17726631} 15:41:05 Remote{L:30244864} 15:41:05 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:05 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:42, MS:440} 15:41:05 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:47, MS:62} 15:41:05 Conflict generated, local item is winner 15:41:05 Mail Conflict Resolution 15:41:05 Subject: {SU:Instant Savings... Save $30} 15:41:05 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D40000} 15:41:05 Checking local modifications 15:41:05 Compare named property: AVGASCheck 15:41:05 Compare named property: AVG FLAGS (IN) 15:41:05 Getting remote properties 15:41:05 Checking remote modifications 15:41:05 Compare (conflict) named property: AVGASCheck 15:41:05 Local{L:1} 15:41:05 Remote{L:1} 15:41:05 Equal 15:41:05 Compare (conflict) named property: AVG FLAGS (IN) 15:41:05 Local{L:17726631} 15:41:05 Remote{L:30244864} 15:41:05 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:05 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:40, MS:946} 15:41:05 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:45, MS:31} 15:41:05 Conflict generated, local item is winner 15:41:05 Mail Conflict Resolution 15:41:05 Subject: {SU:RE: Yelm Interface} 15:41:05 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D30000} 15:41:05 Checking local modifications 15:41:05 Compare named property: AVGASCheck 15:41:05 Compare named property: AVG FLAGS (IN) 15:41:05 Getting remote properties 15:41:05 Checking remote modifications 15:41:05 Compare (conflict) named property: AVGASCheck 15:41:05 Local{L:57} 15:41:05 Remote{L:57} 15:41:05 Equal 15:41:05 Compare (conflict) named property: AVG FLAGS (IN) 15:41:05 Local{L:17726631} 15:41:05 Remote{L:30244864} 15:41:05 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:05 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:40, MS:525} 15:41:05 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:44, MS:328} 15:41:05 Conflict generated, local item is winner 15:41:05 Mail Conflict Resolution 15:41:05 Subject: {SU:HELLO} 15:41:05 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D80000} 15:41:05 Checking local modifications 15:41:05 Compare named property: AVGASCheck 15:41:05 Compare named property: AVG FLAGS (IN) 15:41:05 Getting remote properties 15:41:05 Checking remote modifications 15:41:05 Compare (conflict) named property: AVGASCheck 15:41:05 Local{L:1} 15:41:05 Remote{L:1} 15:41:05 Equal 15:41:05 Compare (conflict) named property: AVG FLAGS (IN) 15:41:05 Local{L:17726631} 15:41:05 Remote{L:30244864} 15:41:05 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:05 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:43, MS:576} 15:41:05 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:49, MS:78} 15:41:05 Conflict generated, local item is winner 15:41:05 Mail Conflict Resolution 15:41:05 Subject: {SU:RE: HELLO} 15:41:05 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93D90000} 15:41:05 Checking local modifications 15:41:05 Compare named property: AVGASCheck 15:41:05 Compare named property: AVG FLAGS (IN) 15:41:05 Getting remote properties 15:41:06 Checking remote modifications 15:41:06 Compare (conflict) named property: AVGASCheck 15:41:06 Local{L:50} 15:41:06 Remote{L:50} 15:41:06 Equal 15:41:06 Compare (conflict) named property: AVG FLAGS (IN) 15:41:06 Local{L:17726631} 15:41:06 Remote{L:30244864} 15:41:06 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:06 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:44, MS:11} 15:41:06 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:49, MS:843} 15:41:06 Conflict generated, local item is winner 15:41:06 Mail Conflict Resolution 15:41:06 Subject: {SU:Intercity Transit job opportunity} 15:41:06 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93DA0000} 15:41:06 Checking local modifications 15:41:06 Compare named property: AVGASCheck 15:41:06 Compare named property: AVG FLAGS (IN) 15:41:06 Getting remote properties 15:41:06 Checking remote modifications 15:41:06 Compare (conflict) named property: AVGASCheck 15:41:06 Local{L:40} 15:41:06 Remote{L:40} 15:41:06 Equal 15:41:06 Compare (conflict) named property: AVG FLAGS (IN) 15:41:06 Local{L:17726631} 15:41:06 Remote{L:30244864} 15:41:06 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:06 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:45, MS:412} 15:41:06 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:51, MS:343} 15:41:06 Conflict generated, local item is winner 15:41:06 Mail Conflict Resolution 15:41:06 Subject: {SU:Ask MRSC: February 2010} 15:41:06 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93DB0000} 15:41:06 Checking local modifications 15:41:06 Compare named property: AVGASCheck 15:41:06 Compare named property: AVG FLAGS (IN) 15:41:06 Getting remote properties 15:41:06 Checking remote modifications 15:41:06 Compare (conflict) named property: AVGASCheck 15:41:06 Local{L:1} 15:41:06 Remote{L:1} 15:41:06 Equal 15:41:06 Compare (conflict) named property: AVG FLAGS (IN) 15:41:06 Local{L:17726631} 15:41:06 Remote{L:30244864} 15:41:06 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:06 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:47, MS:886} 15:41:06 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:53, MS:281} 15:41:06 Conflict generated, local item is winner 15:41:06 Mail Conflict Resolution 15:41:06 Subject: {SU:FW: Innovation in the Puget Sound Today} 15:41:06 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93DC0000} 15:41:06 Checking local modifications 15:41:06 Compare named property: AVGASCheck 15:41:06 Compare named property: AVG FLAGS (IN) 15:41:06 Getting remote properties 15:41:06 Checking remote modifications 15:41:06 Compare (conflict) named property: AVGASCheck 15:41:06 Local{L:10} 15:41:06 Remote{L:10} 15:41:06 Equal 15:41:06 Compare (conflict) named property: AVG FLAGS (IN) 15:41:06 Local{L:17726631} 15:41:06 Remote{L:30244864} 15:41:06 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:06 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:48, MS:493} 15:41:06 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:54, MS:203} 15:41:06 Conflict generated, local item is winner 15:41:06 Mail Conflict Resolution 15:41:06 Subject: {SU:Tracey Wood's contact info.} 15:41:06 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93DD0000} 15:41:06 Checking local modifications 15:41:06 Compare named property: AVG FLAGS (IN) 15:41:06 Getting remote properties 15:41:06 Checking remote modifications 15:41:06 Compare (conflict) named property: AVG FLAGS (IN) 15:41:06 Local{L:17726631} 15:41:06 Remote{L:30244864} 15:41:06 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:06 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:48, MS:540} 15:41:06 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:54, MS:406} 15:41:06 Conflict generated, local item is winner 15:41:06 Mail Conflict Resolution 15:41:06 Subject: {SU:RE: Tax table and withholding} 15:41:06 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93DE0000} 15:41:06 Checking local modifications 15:41:06 Compare named property: AVG FLAGS (IN) 15:41:06 Getting remote properties 15:41:06 Checking remote modifications 15:41:06 Compare (conflict) named property: AVG FLAGS (IN) 15:41:06 Local{L:17726631} 15:41:06 Remote{L:30244864} 15:41:06 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:06 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:48, MS:602} 15:41:06 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:54, MS:593} 15:41:06 Conflict generated, local item is winner 15:41:06 Mail Conflict Resolution 15:41:06 Subject: {SU:RE: Tax table and withholding} 15:41:06 EntrylD: {CB:70, LPB:0000000080E33DE78300304EBF9048530D58614707008A362E7DFOA63E4383D82F3643DOEFD700000000C5D10000DC9002 9353000D468AA2A2858FFCD8F5000000AF93DF0000} 15:41:06 Checking local modifications 15:41:06 Compare named property: AVG FLAGS (IN) 15:41:06 Getting remote properties 15:41:06 Checking remote modifications 15:41:06 Compare (conflict) named property: AVG FLAGS (IN) 15:41:06 Local{L:17726631} 15:41:06 Remote{L:30244864} 15:41:06 Not equal (conflict) named property: AVG FLAGS (IN) 15:41:06 Local modification: {D:25, M:2, Y:2010 H:23, M:40, S:48, MS:664} 15:41:06 Remote modification: {D:25, M:2, Y:2010 H:23, M:7, S:54, MS:843} 15:41:06 Conflict generated, local item is winner 10 Glacier Karen Bennett From: Shelly Badger Sent: Tuesday, February 16, 2010 12:36 PM To: Janine Schnepf Subject: RE: Agenda 02-23 and 02-24 Thank you O Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us Page 1 of 2 City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, February 16, 2010 12:27 PM To: Shelly Badger Subject: RE: Agenda 02-23 and 02-24 Whenever they are ready, I can attach them to the posting. To make hard copies and insure that the posting goes through without a problem, 3pm deadline would be good. Again, any attachments can be added at anytime. From: Shelly Badger Sent: Tuesday, February 16, 2010 12:20 PM To: Janine Schnepf; Ron Harding Subject: RE: Agenda 02-23 and 02-24 Agendas look good with one minor change. Inter City is one word 'Intercity Transit'. What is the time deadline tomorrow to get the Palisades legal briefs attached to the packet? sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us 3/10/2010 Glacier Page 2 of 2 City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, February 16, 2010 12:14 PM To: Shelly Badger; Ron Harding Subject: Agenda 02-23 and 02-24 Agenda 02-23-10 Regular Council meeting and 02-24-10 Study Session Agenda attached for you review. Thank you, Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Tuesday, February 16, 2010 11:53 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Susan Davis Subject: 2-24 Council Meeting/SS Janine, thanks for your patience, the holiday and workload has me a little behind in getting everything to you. See below in red for updated information: Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Shelly Badger Sent: Friday, February 12, 2010 2:31 PM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Susan Davis; Stephanie Ray; Todd Stancil; Tim Peterson; Maryam Olson Subject: 2-23 & 2-24 Council Meeting/SS Janine, here is what I have coming for the 2-23 and 2-24 meetings: Tuesday, 2-23 Council Meeting: Presentations: Intercity Transit -Mike Harbour (20 minutes) Memo and plan provided to you this morning for the packets. Longmire Park restroom/concession building project -Stephanie (15 minutes) -Staff report and 2 attachments provided to you this morning. Related ordinance will be provided to Council on 2- 23 by Sue. . Palisades West Plat amendment -Grantor legal counsel (30 minutes) -Briefs are due today, so hopefully we can forward them to you first thing in the morning for inclusion in the packets. The briefs will serve as the staff report and recommendation to Council. Wednesday, 2-24 Study Session: . Tom Carlson presentation on the service he provides related to sales tax audits (20 minutes) - I do not have the name of the company he represents, so just use the information here. . Sue Davis - 2009 - 2010 budget update (40 minutes) - No packet material. Sue will have either a handout or PPT at the Study Session. . Water update -Shelly and Steph (90 minutes) - No handouts, we will have a PPT Anyone have anything else coming? With the holiday on Monday, I plan to get the staff reports to Janine Tuesday morning before noon. Thank you! Shelly 3/10/2010 Page 2 of 2 Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Wednesday, February 17, 2010 11:19 AM To: City Council Subject: Legal Briefs attached Attachments: Palisades Morris 02-16-10.pdf; Palisades Cushman 02-16-10.pdf; Palisades Cushman 02-09- 10.pdf RE: Palisades West Plat Amendment (MOTION # 10-11, 02-09-10 Council meeting) Attached are 2 letters from Cushman Law Offices; 02-09-10 and 02-16-10 and the City's Legal Briefs from Morris and Taraday, P.C. for your review of the legal issues regarding Palisades West Plat Amendment. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Wednesday, February 17, 2010 11:19 AM To: City Council Subject: Legal Briefs attached Attachments: Palisades Morris 02-16-10.pdf; Palisades Cushman 02-16-10.pdf; Palisades Cushman 02-09- 10.pdf RE: Palisades West Plat Amendment (MOTION # 10-11, 02-09-10 Council meeting) Attached are 2 letters from Cushman Law Offices; 02-09-10 and 02-16-10 and the City's Legal Briefs from Morris and Taraday, P.C. for your review of the legal issues regarding Palisades West Plat Amendment. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Glacier Karen Bennett From: Shelly Badger Sent: Tuesday, February 16, 2010 12:20 PM To: Janine Schnepf; Ron Harding Subject: RE: Agenda 02-23 and 02-24 Categories: Red Category Agendas look good with one minor change. Inter City is one word 'Intercity Transit'. Page 1 of 1 What is the time deadline tomorrow to get the Palisades legal briefs attached to the packet? sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, February 16, 2010 12:14 PM To: Shelly Badger; Ron Harding Subject: Agenda 02-23 and 02-24 Agenda 02-23-10 Regular Council meeting and 02-24-10 Study Session Agenda attached for you review. Thank you, Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Glacier Karen Bennett From: Janine Schnepf Sent: Tuesday, February 16, 2010 12:27 PM To: Shelly Badger Subject: RE: Agenda 02-23 and 02-24 Page 1 of 2 Whenever they are ready, I can attach them to the posting. To make hard copies and insure that the posting goes through without a problem, 3pm deadline would be good. Again, any attachments can be added at anytime. From: Shelly Badger Sent: Tuesday, February 16, 2010 12:20 PM To: Janine Schnepf; Ron Harding Subject: RE: Agenda 02-23 and 02-24 Agendas look good with one minor change. Inter City is one word 'Intercity Transit'. What is the time deadline tomorrow to get the Palisades legal briefs attached to the packet? sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, February 16, 2010 12:14 PM To: Shelly Badger; Ron Harding Subject: Agenda 02-23 and 02-24 Agenda 02-23-10 Regular Council meeting and 02-24-10 Study Session Agenda attached for you review. Thank you, Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West 3/10/2010 Glacier Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us Page 2 of 2 3/10/2010 Glacier Karen Bennett From: Shelly Badger Sent: Tuesday, February 16, 2010 12:20 PM To: Janine Schnepf; Ron Harding Subject: RE: Agenda 02-23 and 02-24 Agendas look good with one minor change. Inter City is one word 'Intercity Transit'. Page 1 of 1 What is the time deadline tomorrow to get the Palisades legal briefs attached to the packet? sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, February 16, 2010 12:14 PM To: Shelly Badger; Ron Harding Subject: Agenda 02-23 and 02-24 Agenda 02-23-10 Regular Council meeting and 02-24-10 Study Session Agenda attached for you review. Thank you, Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Wednesday, February 17, 2010 11:12 AM To: City Council Cc: Grant Beck; Shelly Badger Subject: Legal Briefs RE: Palisades West Plat Amendment (MOTION # 10-11, 02-09-10 Council meeting) Attached are 2 letters from Cushman Law Offices; 02-09-10 and 02-16-10 and the City's Legal Briefs from Morris and Taraday, P.C. for your review of the legal issues regarding Palisades West Plat Amendment. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Wednesday, February 17, 2010 11:09 AM To: City Council Cc: Grant Beck; Shelly Badger Tracking: Recipient Recall City Council Grant Beck Failed: 2/17/2010 11:20 AM Shelly Badger Failed: 2/17/2010 11:22 AM Janine Schnepf Failed: 2/17/2010 11:22 AM Dana Spivey Failed: 2/17/2010 11:23 AM Lori Mossman Failed: 2/17/2010 11:22 AM RE: Palisades West Plat Amendment (MOTION # 10-11, 02-09-10 Council meeting) Attached are 2 letters from Cushman Law Offices; 02-09-10 and 02-16-10 and the City's Legal Briefs from Morris and Taraday, P.C. for your review of the legal issues regarding Palisades West Plat Amendment. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 1. ^i ,~ G 8 9 1.0 11 12 1;~ ]4 1 ] Fi 1.7 ~x 19 20 1 ~~ 2s 7~ 75 I3IFORF; "THE C'I'TY COUhE`IL: YF;L~1, V~'ASHNCiTO1 In r~; the application of A\l:)Rl?~'~~' J. SMITH and C~'ti"1"I-lIr1 :'vi. SViI"l'II, :for a plat alterarit.~n of I'aiisades },Vest subdi~~ision. ~o. F"final flat Arnendrnent ~I'alisadcs ~ti?esf'. CI"I`Y'S I3RlI?F O:\ I,FCr:~L 1SSU~S I. Kequest for :Belief. The ("`ity stal't reyuesi:s that the Council deny the Smitl.~'s app.tii;ation for an atnertdnlent ixf the Palisades V~~est subdivision. for the grounds set. forth belov~~~. II. Facts. '~I On September 2(, 2()(?6, the llearin~ Examiner for the City of YeJm issued his decision (here.inafter the '°.Preliminary flat Approval°') granting preliminary plat approval for Forester I•Ieights .Phase 1, subject to certain conditions included in his decision. "Phis Preliminary .Plat approval required the applicant to install certain inlpro~°zments, inc.lud~ing, but not lit~nited to, a booster pump to provide both fire flow and dome-stie water pressure to the homes in the Plat. i In addition., the Prelit7~inary flat Approval .required the applicant to submit a fire hydrant plan I to the Community ~l~e~•elopnaent D~parill~ent _l't>r review and approval prior to i~tnal. plat I approval, a5 part of the civil engineering plans, and to Submit alre flow- calculations for al.~t i '~ t?~istiz~g and proposed hydrants. "I~here w°as no appeal 01:` tl~e Preliminary- Plat !approval. CIi`Y,S f3R1If~ U'v L:f?.GAI.: ISSI.?E~:S - 1 M€]RRIS & TARADAY, P.C. P.E"J. box 94R, ; 223 Sen~.~t~:n lone N.b`i, sR~~~K, ~.w~~ aeaea~~oa iel. 3~0-$aQ~v328 ~ ax 3bG-E?:~0• i 094 1 2 -, 4 6 7 x 9 to l1 12 13 14 15 1G 17 1$ 1 c~ 2 () 21 22 ?:~ ~~ i Un ,1urz~. ?13, ?(107, :Steven C'harnberlain, ~9:azZaging i\<lerraber of Tf~{1, LI.C-. o~~71er o1'thc Palisades ~'~'est property, 4vrote to the City of '~'elrn., stating that "Fi~:I:I, I.,LC lzas met a1_t other conditions of final. plat and ~~.-i11 design aixl bond for the booster station. ti~'e will not appl}-~ for ( an} oectrpancy permits to an.y° homes in the subdivision urriil the booster station has been ~ approved and accepted by the (`it}~." ~~Ir. Chrn-rzberlain later agreed. to bond for the success~lizl ~~ completion of the booster station in the an:rount of ~1 fi0,0(l0, which bond ~ti~ould be held I'y the City until the work vas corral>leted and then accepted b~' the City. How-evert on June 29. 2t1i17, ~ ~-1r. Chanlberla7n provided. a "~Warrant° ~grze~nc;n.t" to tll~ City instead of a bon~:i. ~~•hich still required that Fl-~1, LLC construct the inzhroveErrents re~~zzired by the Prelinzinar~ Plat A}~l7roval. In November of 2007. the property owner applied lczr final plat approval. and ~.~n ~:Decernbe:r 11, ?(1{17, the 'i'elnz City Council approved the final plat, ("hereinafter referred to as `final Plat Approval) conditioned on the hon<1. I`]re final plat approval inch~ded the following f additional conditions: lvc7 building pernut shall be issued within this subdi~~isi€~n until a booster pump is installed by the developer and approved by the ('its- of `felrn urhich provides adecluate~ fire flow per the l~nternational :fireCode and Cite of Yelm standards, provide. that a building permit may be issued for a nzod~l hc~nze; if a fire protection plan is appro~~ed by the City of Y~:Ir~ Fire ;`~larslzal and. SF 'l~'hursto~n Fire'F.,~15. '~To certificate of occupancy for airy haL7itable structure sha11 be issued until a sewer roll seal is installed b~~ the developer and approved lay the City of.`~~~;-lrn. "I`herc was nir appeal o:f' the, C'ity's f~i:nal 1']at appro~~a] for the subdivision. note called j "Palisades ~'4"~st," Thy i:~nal plat approval was record~;d c~~ith the 1`hurston County ?,uditor•s ofl~rce an February 1?, 2f~(?S. crT~v~s r3KrF;f c-t;v r.ec;f~r.. tsst~s IurORR15 & TARADAY~ P.C. P.:~.. Pi+`JX ~=.~; 'G[3 S°Gwl~C^ ..Q~P ~'v,vrf. Sent;axk, `NA 4f332s~:i448 "a!. 36~-83b~^3~B ~ ;-ax 36C,~85v•1^49 1 5 E 7 R 9 10 12 Ii 14 15 l.< 1.7 18 I ~~ i 20 2l ,~ 2_> 2~ 25 ~`lccording to the Complaint f71ed by Audre~v and Cynthia Smittl against the City of Yelm and C:~rant Berk ('Thurston. County Superior Court Cause i~o. 09-?-02$79-~~j, tlz.e Smiths (entered itlto a -Real Estate Purchase and Sale ,~greet7~ent «-ith Triance I Iomes an 'March 2=k, '~i~ 200, for the cot~struct.ion of a residence at 1.0756 I'alisad~es Sheet. 'elm, ~%~'~, ~il~ the Palisades ~~`e4t subdivisioza. "I~~heir title rcpo4•t ptaced the Smiths tin notice of the Preliminary and. Final ~~ Plat Approvals and conditions. C)n Se~pte~mber '?. 2008. Dan Lee of Triance Grtntp, Inc. applied for a huild:ing permit ~~'or a residence located. at 1()?56 :Palisades Street S.E. in the plat, even though. the booster station had not been constructed. ~In t17e building pernti~t application, Mr. Lee ~i.gned ai~~ affidavit which I rec3uired him. to ce~~-tify to the following: I certify that i have read and examined the inforrnai~iatt contained wii:h_in the application and kix~~~~ the same to be true and. correct. I also certit~- that the taro~rosed structure is in cc>n firmit~~ with all ~~talicable C'it~~ of~ Yetrt~, re relations includiila thane ~o~~~ernin~ zonin« ~tnd lend subdivtsion, and in addition. a.ll covenants. ea,Sements and restrictions ofrecord. ... (Emphasis added.. ) V1'hile ~ndre~~ and. Cynthia Stnith have argt.led that they were the applicants 1:or this MORRIS 8 TARADAY, P.C. L~uilding pe-nnit, llilr. I:ee af"`Triar>ce Group LL.C'. is sltc>~~~t~ a5 the applicant i~n t1.1c, Ctiy's rec©rds, I lair. I.ee signed this certification. and the building permit free in t11e amount oI' ~I4,=I19.39 was received front Trit~ttce I-Ictm.c-s. "t"he building pe~rn~it application sha~~°s that t:he o«~ner of• the strttcture~ ~~-.i~ll be Atadrew acid Cynthia Smith., but the contractor's agznt si~~e~t the applic~atioi~ and the certification which stated: "I .hereb~~~ c~.rtifti~ that the shove inf«rrnatio~u is correct and that this amstruction on, and the occupaneti~ and t_hc use of thr~ aboti°e descrihed_ert~~ wilt be in accordance with ~ihe laws. rubs and re~ZUlations of the State. of~ ~~ ashin~,ton anti the Cite o1' Ct"~CY°S BRIEF f)N LECir`~1. ISSUES - P v. E~ex 948, i 22~ 5.;;~witch pane N.'di. 8~~%c~.~sck, 1vA. ~)835C1.0?~8 gel. 3i+}.E.,..~{}t?L:F3 ~~Gx.36C~~85u-!09v 1 .w 4 6 7 8 9 10 II i I ~; l4 IS l6 1.7 18 i 1 i) 2 () 21. ~~ 2~ ~~ ~,'~ Yeln~," O/.mphasis added.) Tr~ia.nce paid the n7itigation leas, as shown by a receipt in the C:it~~"s ~f files. (:fin Septtimbe.r 17, 200f3, the Ciiy issued the i?uilding~ perr.~~it. 'f.h.e approved biuldine (plans attached to the issued bui.ldintr permit included a copy' of the f~rtal su}idi~~isicm con~-Istic~n ~'rel~~titig to the booster pump station v~ith ~~ note ~><hich read: '"\o certificate of s>ccupancy will be issued until Booster lump is }1ro~~ided." Issuance of the building permit occurred before the contractor%builder;'property o~~~n~r j and the Smiths e~nsurtunated their deal for conseructic>a~ oil the l~o~uie and pu~r-chase of the j property. Ln their Complaint. the Smiths admit thErt the Statutory t~t'arranty Deed :for the purchase of Lot 1 ~ ~~~as not recorded until (:)ctober k. 2008. In outer Fiords. thc:~~ ~~er•c not the owners of the prapelrty at the time th_e Cite issued ~the~ br~ildin~? pez-~n~it, regardless of the fact that their names were on the applicati~~n as owners of the future structure. Ln a letter to 5ttve Chamber ain of FI~IL LLB: dated ~Decernber 2:3. 21?08. Ci~rant Beck. the ~"ity's Comr~rnu~ity lle~°olo{~m.~nt I7irec-tor, c;~~n _irn~et~i coxrversatio.n~s hc: hid with. dlr. Chanlberlai~r~ regardinb the need for a water booster pump Station to be constructed as a condition of the appro~-als for the Palisades «'est plat. He stated that no certificate o~l~ , occt~ipancy ~~auld~ be issued without the installation. 01~ the ~i~p}~ro~~ed ~-~°~iter be>oster puni,p station.. On clpril t~, 2009, the S.C:. "I'h~urston Fire c~ h~~1S wrote a letter to 17an l,ee, stating their recc~mG`nendations rebardir~g issuance of~ ~t occupancy pzrmit for the Smitlh's home. "fhe Fire & F:MS's recorrz~nendations ~~~ere contrary to the final plat conditic?t~~s and did not indicate that L required fire flo4~. could be ,provided in the plat ~~-ithout a booster pump station. l~nstead, the Fire ~; ];:115 described tho manner in ~•hich they ~~~ould fight a fare ~~~ithout requirod flows. CITE"S i3EtII~F` n1v I.:E<.iAl~. 1SS{.Ji~S - a MORRIS & TARAQAY, P. C. P.O. pox >48, %223 ser.,rrfu~ lone PS `.~~. Seabcck, `vVA '~438C-Q9.18 ~~5. 36U-B3v-n29 - Fox 3::F?-E350-7099 1. j E 7 9 10 I1 12 1, l =~ l~ l.F l7 1R ~ ~~ `' l 22 ,~ ~, 2 ?a fin April 7, ?aCt~), :I)an Lee of ~~l`rianee ~~-rot. to Grasp :1:3eck. ad.mitti.ns~ tltat he did n<.~t. perfot-~n the final plat conditions for the Palisades Vest subdivision 19t°. Lee :now prcxnised ~~ that if the CiYi~ Mould issue final occupancy for t1~e Smith's hoi~~e. "this ~kil.l be the o.nlt° home ,) built. on the hill until the booster station or other improvements are installed that enhance .tire 'I llow." (Jn A~prii 7. 700f~, Steve Chamberlain wrote a letter to fan L.~:e at T~rianee Homes, '~ asserting that he had been "optitrt.istic that (installation of a ~«~ater booster station] lvould not he ~ required and prc>cecded on that basis." 'This assertion ~~~as -made.. eti'en th~~ugh construction of a (eater booster pump station u-as a condition. of }'relirninary Plat Approval as a-eli as 1~ina1 Plat ~ Approval." He admitted that he didn't even begirt design of the booster station until the City refused to is5u< the: final occupancy perrni:t for the :Smith home. 1-1t states that. "I have kept the (ban:k. in the loop and. th~y~ agreEd to sell lot f~ri:~teen [the Smith's hotnc~ iti the interi~tn utltil the appropriate citp~ apprc~4~als tivere obtained and we k.ne~~~ what these additional irnprovetuents I were going to cost." Un .~pril 14; 2()09, (..rant 1:3eek respondc.d to 1Ir. Lees 1ett~r. describing the history behind the City's refusal to issue a final occupancy permit :for the Smith's home without ; compliance. ~~~ith the; 1'relimin~zry flat and l~ittal Plat conditions. I-Ie idei~ti~l~ied tho tee Ior a ~f~tnal subdivision plat amendment, zind stated that the C'om_nutnity Develapnlettt Depa~`trllcnt ~~~ould oppose- such atncndmerlt. ()n April l~). ?GUS). the Smiths ~~i•ote to Chant E3ecl:. as.l:in~~ Itim to reconsider llis j decision not to issue a certi~ca.te of occupancy for the Str,ith's ltorne \r1r. Beck responded to c~~r~~°s r3i~rrt~ ot~ -..F:~c1At, tsst.rs MORRIS 8~ TARADAY, R.C. _.........._.._.._--_...._._... ~,- ti _........_~ _ ...................... _...........- P.U. ~z ~+4&.: a1., ~eam~iYCh '.arte N:N,~. Seabeck, Vv'f-. ~8S$`7C'v.18 Tel. 35^-83G-0328 - ;-;~x 350-$50->C~?9 1 3 4 6 7 c~ 10 11 12 l3 1=l 1 16 l7 IS 1.9 20 21 ~ I 22 ~~ _~ 24 ~~ thls letter by exp}ainirrg t:I1at the I~•ire ~ 1r~1~ s "solution`' did Trot address the probler~r ~~ presente:cl. by thebuilder's f'ailtn•z to comply with the Preliminary and pinal ~I'l,at cond.itioa~s. C)~n Augusk ?~. 2009, the Smiths stibrnitted an application for a subcli~~ision alteration to ~~ the Cit}', asking that t.}le plat canditir~ns be ante~nded so that their tot w-as emitted from the (~ reglrirements re}ating to construction of a booster pump and urstallation of a Sewer roI seal. (fin October 1, 2009, the f~;ornrnunity Development f~epartme-~t reconxrncnded denial. of ~~ the; subdivision alteration application. :'~.t the C)ctober 1 ~, 2009 .hearing before t:he C'i.ty I~ Ctruncil. the .smith's attoi7ley blamed the contractor°s faihu•~; to install the. booster station on the City, asserting that eve:.n though the corrtractor~'prope.rty o~~ner applied fare the building hermit ~ ancipaid a}l applicable fees, the; C'it~° should hax~e known that tl~e Sr~~iths l~laraned to occupy the home be,tore the contractor!propert}~ or~~~ner complied with a}1 conditions of Preliminary and final Plat approva:}. :~ccordin.g to the, Smith`s attorney, elikninati<?.n of the requirement for constructioni.installatic}n. o:F the water booster ~?ump station ~rnd Se~~cr roll. seal fc>r the Smith's house would riot ``cornpror~sise the; public health artd safzty, without further liability to the CitS~•.. C?n (Jctober° 2l. 2009, the Community Develppment al~d Pua?lic Forks I)e~partrnents submitted a recomrncndatiou to the C:;ity Council that the plat amendment not be approved, citing Department ofHealth regulations for w.3ter service, the possibility of an enforcement action b} the DOl-l. This letter also corrected irrfor~xiation regarding the recommendations :('roar the Thurston F.i.re ~~rrd ENiS. stating that the C.ity's decision tc> "allc-Gt a de~~elopment with. inadequate fire t1ow- could impact the fire insurance rating; illroughout the C'it}', increasing fire <.:,17.Y.S }3R1~.F !7\ I.;~t:rAl. ISSUL;S - 6 MORRIS & TARADAY, P. t. -.~~i. Box 9q$, ?223 Seawiick, fare CJ.W. Set;beak, ~/A. J2380-(148 °ei. 3b0~83~.rr:i^<R pax 360-85C-'t7~9 l 2 3 =l j E? 7 8 g 10 11 12 l3 1=•1 15 16 17 ~ 18 19 20 1 22 'I 23 2~ ~; insurance premiums for ether City residents." In ac-ld.itir~n, the letter d~scribecf the ner=d for the ~~ sewer system pressure sustaining valve. Chi C)cttaber 27, 2009,. the City Council tabled the plat alteration request, partially to ~ rel-iew- the consequences associated. 4~ith a ~~erbal proposal oracle by the applicant's engineer ~~during the meeting. lvhich he believed ~~~ould provide the required eater pressure for the Srnifh's hc>rne by using a ,mall ~ate:r storage tank. in ad.ditir~n, the. Council allo~~cd the Smiths ~ anci the (:;ity c~tto.rney to discuss lvhethcr stn a~rcezncnt could be drafted to address t:he C ~tv's (liability for approving the plat amendment as requested by the Smiths. On. Jar~iuary .19. 2010, the City learned that the prc7peri~y in Palisades V~`est (~~it11 tho ~ e~ceptian ~f lot 17 owned by the Smith,), had been foreclosed upon by a bank. `1~11e.~ Snlith5 have nr:~t amended t}~eir plat alteration rezlucst to i.nc~Iude the ne~~ c~«~~n~.rs of the property. On Februay 8, 20t}{), the attorney assignrrd to represent the City ar~d Circuit Beck ixt tl~e lawsuit fled by the ~Sntiths contacted the 5rnith's atton~ey. to let hind knot~~ that she would be rccomrnet~din.g at the .nett City Council rnzeting (f=~e1?ruG~ry 9. 201 ~} that the Council allow additional briefing on the legal issues Presented by the subdivision alteration.. Specificc3lly. the; (.:ity's attorney in.form.ed ~~1r, C'ushman that the: legal issues presented by RC~~' S$.17.?15 should be acld~ressed, as well as 1~'est (::'oast r.:Srwhcrrrtish (;rau~~zt)~, l{)=l W'rr, .1pp. 7~5, lb P.3d 20 (20{){)). She discussed this ~~,ith ~~1r. C'uslacnat~ lthe Smiths" attt~i•ney). s~ho did :not ask. for staggered briefing car that additional time he. allo~~ed for subrnissic~n c:~f his brief. On February 9, 2009, the C;ity C.:ouneil tabled its action can the Smith. plat a]terati.ozt until February 23. 201.0. "1;he E'ity Carancil also allov~~ed thz submission of legal briefing by the parties on or before h•ebruar4~ 16. 2010. '~`Ir. Smith attended this meeting. anti specifically CI"I'Y'S BRIEF O'~ LLG,<1L ISSLjES - 7 MQRRiS & 'FARADAY, P.G. P.J. 8cx X48, i<<,S Sec~.:;ics3 t~nnv t•L`~.~, Seabeck, `~'A 9838G-0948 i e>. 360630-u~72 Fix 36G-851• I v94 1 ~, 3 fi 7 R <~ l0 1l 12 13 ] =l 15 l~ l7 18 1.9 2t7 21 ~~ `a 24 25 ~a5kt;d the Council as t~ the brieting schedule. ~Ir. C'ushman subn:~ittcd a letter to the Cin' ~~ Council dated F~ebrt~~ary 9. 2OC19. responding to the Council's action. :after this City Council meeting, l~Ir. Cu;,h~nan contacted. thL C rt~-'s attorne~~ to object a5 j) to the rr;gLUreanent that both briefs be submitted at the san7e time. I-Ie nova- prefen~ed a staggered ~~ briefing schedule, sc~ that he could respond to the City°s brief. The C'ity's attorne~• informed ~~;~-.ir. Cushman that he :hadn't objected «hen she proposed this to the Council. but. he could ~ certainly ash the Council fc.~r this relief at tl~e next C~ouneil meeting, and to eielay their- action (until a1_l briefs were received.. III. Issues Presented. ~. Should. the a~izl~lication su~b~r~litted. by ~nlith'F"Hl fc~r a plat alteration be denied fc>r i-ailure to exhaust ad~niiustrative remedies`:" ~`ES. L3. Should the application. subnutted by South; FH l for plat alteration he denied. because it is .not. a "second application" that the City can process under the doctrine of~res judicata`? YES. C. Should the applic:atian subntittcd by Smit v`pFl l for plat alteration be denied bec~cuse it is notthe kind. of "alterat.ian" contewplated by TtC~~' :18.17.21 ti`? ~'FS. D. 11ven if RC"~~ 58.17? 1 ~ could be used to `'~~Iter'" a cc~nc~itian ref final plat, has SrnitlL'.l~Hl shown that t_he t;riteri~t for approval ha~ti-e becal sa~tisfed? ti0. E. Because l~(;~R-' 5.17.215 reduires that an~~ plat alzeratio~n application. be signed by a:_tt~aigrity of th<~s_e ~_rson> flavn~,~ an cn~-ncrsrli,~inteiist,_in the plat., must the application bt denied (far the Smith's failure to obtain the signature of new prUperty owner on the application)? YI:S. I~'. Argument. 4. The Plat alteration. application is barred b~° res judicuta. Ct`I'l"SLiRIEFC~NL.,LCi.ALISSE.JF;S -8 naoaeis & Ta~ADAY, R.c. ~.~.~, n"bOX Y=iS, ~~ i~LS J~~wLC^ :O:'iB N.Yb~ 5ecsb~c:k, ,~%1 958C•04gfi iel. 3C'•~0~83u-03?8 Fcx 35.850-)Er99 1 2 -, 4 5 6 8 c~ 1 C1 12 l 14 1.5 1 ~7 17 18 19 ~~ ~1 22 ?; 2q ~~ .1"he ~`'ashington courts have stated that'`a second application Fnay be considered if there is a substantial change in cirer~-T.nstances or conditions relevant to the application or a substantial change in the application it5eli~'," Hilltop I~er~rc~cc~ H«meo~~°ne~r~~~ ' ~ss~r~. i~. lslrrrxrl Cc~t.cnty, .l2(i ~~'n,2d ?2, ~0-31., $91 P.2d 29 (1995 j, Herz, the plat alteration. application seeking elirni-.latio~n of cef~tain preliminary- and final plat conditions only as to th.e~ Smith's lot does not constitute a different kind of plat. Ln fact, the ~physi.cal plat has not changed at all Cram the ~ prcliminar~° or final. plat to the plat alteratiotl. `1'he Smiths have not shc»~r- that this standa-•d (a sr-batarttial change in circut-~stances or j c«ndi~tions relevant to the application or a substantial change in the application iaselil has been ( met, and the plat altex~ttion i~l~ust therefore be deni~:.d, 'T'he onh~ "change" that has occurl•ed here is that thy; developer sold a lot to the Sn~~ifhs before the: pre-Ii~rl~inary and final plat conditions ~ «ere satisfied, anal the Smiths and. developer 4vould hike an ine:~pensi~ e ~~ay to extricate ~ the-nsclves :Ero-m the obligation to const7 rtet the booster ptunp station and install t:he Sewer roll I seal.. ".l~hc Smiths and the dcv°r;lol~er'n~ti~° o~~nei°s of the plat ``must 1?e: requirod to live up to what is tantamot.mt to a contractual obligation." II ~~s~t t'octst ~~~.:5fa~7hora~zsGr C"UUrrt~~, l~~ ~~'n: App.. 7~5, l~ P.3d ~0 f2000). Tn GT'i~st Cna~~t, a developer r•ecei~~-ed px°~~liniinar;• plat. approval with conditions. including the requirenlerrt to pay school itnpac.t fees. Laat~;r, ~°hcn t}.2e school clistricr recalculated i.ts need :Car f~:c;s, it dropped. the redu.irem_ent for such :gees. The developer found out and submitted. an application to t11e Counts asking that the County removo the school impact fee condition on its 1~relinlinarv plat, The, i~t%'est (.,'c>cxs~t~ count held. that the developes '`was bound by its agreement" ~n1d upheld tho (:,ou.rlty's denial of the application. CITY'S F3RtE,F ()`~ l.t:_C~.1L ISSi..'F:S - cI MORRIS & TARADAY, P,C. P.~~ sex 9-ttl, %22."s ~eawEic:h ~.nne ~;:~i, ~crtwc~, i°iA %s330G9~8 ~c^-£i i~:i328 Fnx 6ii f~G~=.C~49 1 -, ,, ~4 J h 7 8 c~ 10 11 12 1~ 14 1 1(i 17 18 19 20 ~1 22 -, ~ 2=l ~~ rl.he Smiths bare arstuecl that the 13'est C'oast' c-:-se doesn't apply because the developer asked to eliminate a condition of preliminary plat approval not fuaaa plat approval. 1-iowever, the Sn.aiths are asking the City to eliminate a condition. o,fprelimi.nat•y plat approval that titi°as modified slightly at final plat. ~:f.`he cri.ter.ia for appro~~al aFa Alai alteration arc almost exactly E floe same as the criteria for a prelirrtinary plat, so a `'second applica~tioia," ~i~hether it is an ~~ application for a preliminary plat ame~adment or a final plat. amendment, must ~ti11 meet the ~ Ifi/Itop standard. ~hhere is nc~ "second application' that the Co~.-ncil can consider here. I3. Fiinal ~~alat eondityons are not subjecf to `alteration" under RCV1' :iS.17.215. .I`hc final plat fir the Palisades ~t%est sub~ii~°ision was record.zd on rebruary 12. 2OO$. { Pursuant to RC~~TV~ 5$.17.1 i0: .~ s~ibdivisi->n. s~la.all be t~cwer-:aed by the terms of a~pprcaval ofd the .final plat. and the statutes, ordinances, and r~guLatic~,ns in effect at the tirrte of approval under 1ZC;~~r` 58.17.150(1) and (~} for a period of five years after final plat appt•aval unless the legislative body hinds that a claan~e i.n condieioias creates a serious threat to the public health or safety in th-c subdivision. ~ .In other words, no mc~,difieation of the terms of final plat approval may lay: -.nade dur-irr.g the five yeazs after final plat approval. if t11e City Council finds that there is a "clta~>~e i.-~ conditions" which "creates a erious threat tc> the public heal.~fh cir safety in .the subdivision,' then the C'ouneil rnay= impose additio.n~~! conditions r.~n th.e final plat. IZC;W 58.17.1.70 pt•ohibits any "alteration" of a final plat that would ~modifv the final plat cotadi ioias. This interpretation is consistent with RCU' S8.17?15, ~~h.ich addresses ora.ly alteration of•the dravvina o:Fthe subdivision, taut atay co-.aditions. here is the applicable langua~=e: "I~he 1eg~islative body shall detel.7ni.ne the p~~iblic use and int:erest i-.1 the proposed alteration and may deny ar approve the application for alterationa. ... Af.•ter approval of the alteration, the lzgislative bod}~ Shall order the applicant: to E:IT1„S LiKll?F O'`~ LI:~(.iA[.,1SSt.~f~S - t© MORRIS & TARADAY, P.C. P.O. Bc~x 4~8. ~ 223 3ea.~itc.F~ a^~, N.'r>, Sn~6.~cz. 'i°'JA. 9538^a~i~94:"s Ti's. 36033%i,328 Fax 3oi)85G iG49 4 b 7 c~ 1 {) 11 1"? 1 14 1a 1 fi 17 l8 1 ~) ?(1 2l ~~ ~ ~; 24 25 prvdtrce a revised dlawlrlg of the approved alterativtl of the final plait or shvt•t plat,l~~lzicli a:f~ter signature of the legislative authority, shall 1?e filed with the county auditor to be-co~•nt; the- la~~~fitl plat of the property. RC~~' 58.17.? 1 >. ~~Ithough there is nothing in chapter 58.17 RC~rv' whioh specifically identifies w°hat may be "altered" and what niay rtat, the C:'ouncil should read the above language. together ~~-it11 the prohibition i.n IZC`~~' `i~.17.17Q, ~~hich. provides that the heal plat ie go~Ferneci bar its appro~~eti conditivns for five ~~cars after final plat i.s granted. "ltt considering an undefined. term," such as "plat alteration" the Council should. "consider tl~e statute as a «~hole to gi~~e Inc:anin~r to the j term in harmony with other stattitor}~ prowision~." H:1~ 17~~=c~)«lanrant. Irre. ti•..l'a<~r•~e C;oacntk. 148 ~~'~n.2d-451, (i1. P.3d 11.41- (2{1Ca3}. In NJ:S; the County revoked the prelitninarv plat far a subdivision because the developer had not complied. with the pre-lin~inary plat conditions. "I'he court didn't consider any proposal. I by th.e developer to simply eliminate the plat. condiiic:xa to "cnr•rect" the violation, like the situation with t:he Smith's application. Llstcad, it upheld the County's abilit}~ to revoke the plat i because the Caurity's "conditions imposed cotltetliplateci the public safety and welfare,'" anal these conditions ~~-ere vie}latr;d..lc~ at 485. ens stated by the l I,IS cvut't: Subdi.'tsion of l~utd is both a local. anal statewide c;onccr-rl. State platting laws c~pressl,- charge. local governm~:nts ~~ith the duty to ensure that the ptihlic interest is best served by approval of preliminary and tinal plats. 'Ihe Legislature has pr~~vided that ).veal governments may adc~l~t regulations far the public health, safety and general welfare in considering plat approval. ~~'lten conditions of approval of a preliminary l~alat cannot he satisfied. a.r a.re deliberately violated, ren~erlial action, such as revi?cation, may be the on)v- renrcdv. . Icl.. at 483. (:17Y'S i~R11=F~ ON LFCJ:~L ]SS1-.lES - 1. l MORRIS & TARADAY, P. C. ?.C?. Box 9.:x#.'22? S°awit~?` l~r~e N.'k1'. Sea6~:ck, WA 96380-(}94fi Tel. 360-&3Q 0328 FFx 36v-85v 1:;99 J f) 7 8 9 10 11 12 l3 14 1~ l fi 17 18 1 ~) 20 ?1 22 ~~ 24 C`. The applicants cannot show than the "public u5c and interest" is satisfied by the proposed. "alteration." ()zl Septet7~be;r 2fi. 2(0<. the Yelzn Hearing Examiner considered. the; Palisades 'Vest ~prcli3TZ.inary plan. application (then :Forrester H~:i~hts) under the ('it}~'s er~iteria ivr tappro~-a1 and IZ(`1'~' ~8.17.110. The latter Statute requires tl~e Examiner t:o make an afiirznatice finding that the "public use and interest" is ser~•~d by the subdi~~~ision in order to ap}arove it. RC~T~' ~8.17.11(1~~C?. It '~az-iher regttiresthe Examiner to consid+rr the public health. safety and welfare ~~-ith regard to potable ~~~~ate3- supplies, sanitary ~~°astes and all other rele~~~ant lasts. Int. The Exazni_ner did so, aizd. imposed. cozi.ditions on the preliminary pl~~t ~~~hich re;quixed that a l~aoster pump station and sewer roll seal be installed to sE:rve all of the lots in the subdivision. 1~'hc C'it Council did not. eliminatethis condition at final plat, f~ut n~ereh~~ delayr:d compliance slightly. `l'hrr applicants did nc~t appeal the Hearing Examiner's dec~isic?zt on the preliminary plat conditions. nor did it appeal the C;iiv C'ouncil's final plat ap}~roval and bath ar: na«- final. The onlt~ reason the applicants are askizxg the C;i.ty Council to remove the conditions as to their lots is because il~e4 contracted tc~ scllbu.y a lot in the suE?clivision before the conditions 4~°ert; rnei and. do neat wish to .incur the expense. 'T'hey are not askin~7 tlyat the Council "alti:r'" the plat as Co their lot because their amendment address4s the "public use and interest," The applicants believe t11.at flteir own use and interest. ~~~-cold be aci~~anced b~~ the 'al~teratioz~z"' t~~f the subdi~~xision to eliminate the conditions because their prefer not to comply with them. ti~othing in the applcztz~t`s Submittal shows that their proposed alteration. would actually provide better fire :flow, ar a better means of addressin<~~ potable ~~-at4r ~:u• suer. Izlstead, they ack.n.o~x~ledge that their alter-ration. would pro~~ide lesser protection in a fire (suggestil~~~~~ that thz C:ITY'S BRIEI' C)N LI~(:,AI. ISSI.ES - 12 MORRIS & SARADAY, P,C. r^.C?, :iuz ~7w8, .'2[3 Sea:•.it:.h c,ne'U.'v'/. Seek-ck,'•^J'; 9P,38::~!J=7413 'A- 36Ct-8.i~ v328 pox 364-8~0•;04v fire departntetit wortld put out the Fire using '`~ relay of tender trucks-'). T`he apf~}ic~nts believe ~~ that fate sc~~~er roll. seal isn't requited just fr~r their house, so the Council can eliminate this ~~ regtiiremettt. ~~'hat comes thxouglt loud and clear in the applicants' request is theix threats ~to the City (~ ia'the application is not gr~nlted. elccordin<~ to the applicants. "until occupancy is granted.. the c~ l~ 1.1. ~~ City is at greater expostu°e fi7r ~liabi}ity in case of a fire at this structure." ~'~nd. "i.n the. current ') state of lan~bo, the City is fact presently more Iiable." Tlt,e Smiths ti~~ill apparerstl~• agree to provide sot>7.e kind of~ release and agree to ~~~ai~-e their elaitns due tit a ~t-e thaat they could rrtake against the City in ex:eltang; for t}.ie certiti.cate of occupancy. In othc,r ~~ords. the Smiths believe that the ``public interest" here is one in ~•hich th.c (;'ity has "less labilit~r.'° according to l? l 14 l _>". l f~ 17 l.$ 19 ?O S-nith's atu7rney {~~-lao apparently belieti°cs himself to be impartial on the su~hjcct~j. "i~'he applicants ha~~~ett't met the criteria 1'or ~tppro~`al of this plat alterat%on, «•hich hasn't been shit~vn tc7 pro~~ide at ].east the same degree of protection as the con~~itions in -the original prelintittar~~ Grnd. final plat ap~l}royal conditions. Execution of a rel~:ase bet«•een the Smiths and the C`i.tti° ~~•tll not address the fact that sonlei>lte (one of the Smiths.. a attetnbc;r of their family, a v7sikor, tenant or ne«~ otivner of the Smith house) tni~ht be hurt or killed in a fire. ~~hich is sure]}~ more important than. w°hether a claim is filed ~~~ith the City by the Smiths. [tl addition., the applicants ha~•~en'f addressed the precedent that would be set b~~ approval of their alteration. 1f deseloper ofp.roperty in subdivisions find plat conditions too oneraLts in the fittw-e they may sintp y apply to the ~:`ity for plat '`alt~:rations`' to rtrr~.utve the conditions. After a]}. il'thc City ~~as s~-illing to apprave~ ~i plat ateration to ~lin~inate a condition addressing fare fla~~; then the dev~elopers~pro}7erty a~~ners itt the future could et~tsiiy C"TTY's BRtL~;F (aN L,1~,'G~'~t.. ISSIJI::'S - I.i MORRIS & TARA©AY, P.C. ~_.......__.......__.._~ n..._....._._.-.........._.........._._...... ~,J. Box ?43, ; ?tti $ravi!c'r? ian<~; N.~^r. Seale~k, `Tt`/+. 4S3E~s~-~448 Tel. ?bG~fl3J-~328 ~ Fax 3b0-8S~-1u?9 l _~ 4 Ei 7 8 q 1(~ 1l l? 1.3 l4 15 1(i l7 18 l9 ~~ 21 ~~ ~; ~4 2S make an ~irr~ument that pesky landscaping, storm ~F°ater draina~;c or ocher ~on~it~ions should. b ~ eliminated as needed, to meet the developer's bixjgetary constraints. Such a precedent does clot safisty the "public use and int:rest_" D. 1'he application must be denied unless the Smiths amend the application to inelude the nhFi oFVners of the Palisade ~~'est subdivision. Pursuant to RC~~' S8.1~7.2I ~, the owners of a majority of the property in fhe subdivision are; required for a plat alteration. Steven Chambc:rlai~~ of IlI1, I.LC is the only other applicant. to the Smith's application for a pCat alteration. The bank. hasforeclosed upon the property and. is now the new- owner of the majority of the propert}. The City- C.ounei.l oarmot a~hprov~ tho plat alteration «ithout the bank's consent. C01CL,tiSIOtiT The Counci_I should deny the Smith's applications for a plat amendment. Dated ~t~his 16`" day of :f~~ebruary, ?(~ 10. R.espeetfully subt~~itted, fay Carol. ~1. I~~Iorris. VG'ST3.1=19241 Attorney for the City oI' Yeh1~. C1"1'Y'S 13K1F..,F Qti L..EGAI_: ISSL'EiS - L MORRIS & TARA~AY, p.C. P.^. ~c~x 9a E, '22~ ~ccwikh iar,e N.YV. Seaorck. 4JA ~$3f3f7~C9-^,8 Ta>. 3hG~830-~i;>7g . Fax :3:ir..8_`,a-~i;94 ~2/~.9/2@1 ~ ~ :: 'i ~? ~5~95F~S795 CUSHMAN LAW QF-FTCE. PAGE X1116 924 ChPITnL WAY 50U'i'1-3 ULYI~IPih, OVh5EiINGT'ON 98569 (3GE1} 534-71~i RhCSiMii.F (360} 9sl,..979 B~,'ti'AI~itN. F%.:._tiST~'?htN r ',13t;i~.e,-y.iti'I•''F.`.~.,C,-"n'1.:~~ ~J.:S!_'h3..5Ali:t K-1 :...,.~~, P.41.14 f - ~_,nhl:!'ITTS:4N:"4:!~i „~.:~•':.,134 hl fS,KI ~'ACSIM~L,E - F4R IMMEDL4TE DELI~~'~~;.~~ 3],A,TI;: Febrraary 19, 2b 1 ~ TiN1E: x:20 pm Nb. ~F PAGES: ~ (Including this sheet) TC?: ~'elz~~ City Council, clo canine FAQ ~~~f: =X58-~3~R FRC'r„ Ben Cusla~a CLIENT NQ. 2i45.fl01 C:~.SE: ~~T~itlr Application for Final Plafi Amendment Xl`' I?'O~r?IJLi~s ~1TH THIS TRANSMISSIQN, PLEASE C4N`i,AC:T::~~r~ez~ ~v~zl~va~°d J~~C w~~El~i'I`(S~ I~EING TRANSMITTED: Letter from Ben Cushr~i~ri C~R€~I?~Ai/ WILL.~k'OLI.~OW WILI, N~?T _. _ F~L1.,~~~J CG1~:~~~7TS: TtiC~TE: ? ~~u irt~firrFtcttin>? contQined r'rr this fax is t~rterrded vnly~or the ad~r°e,ssce t~3 ~~r~~e,j~~e's ar~`h~rr~.ec~ aher~i. ~'he message may cantaan infbrmu#ion that is prividege~-1, c~~n,~eF~ii~, oA. r~ther~~vi,re exe,~a~t ~'orrr disclosrrt°e. f~'the reader of this rnes~sage is raat the fnte~acled reca~y~ettr~ or _ rec Ar;isrzt 's ~Pdi~OrdZGtd~ a~•ENf, then you are 110t1~ed that aray dis4ser~itratiptz, 't.~i ~t3"~~'f,€EiQ;"e ~r c~~syin~° ~~f'tlizs ~$res,sage as,~rohil~ixed. If you have received this mp,ssa~e ig~ err.~r, ~lea,,~» ~~tzfy the se~cter ~y aeiephane arrcl retua•rr the original acrd any copie,c of the n~e,ssage ~y r~ra7~ ~~ tyre ~sert~er at tl~e crdclress stated above. Th~ar7~ you. ~~~~~#°#~~1°#7t~k:k.k:l:~c#~k~R#~k~k~k~k~k~R~k#~k~k~h~k~klk~h~%~k~k~K~K~k~k~tl~N~P~H~k~h~KkIR:~+~kX~3le>K:Pe~i:~s~Y~sk~k~sc~,t~er~:~rz I~11 ~. 9r' X010 15:14 3509569795 CUGHMAN LAW C7F h 1CE PAGE ~12I L0 ~'~.r' F~~jj~~ ls:~:'~1 `ti ~~~~~~~~~ k .~. t~T'~'~~~,A;~.'S li`C r~:~.~k` ~cs;C~zs~~ma~~ ~~~~ ,}~tnan~avv.Gatn YID Te.Ie~~~r~; 4.~SLL43~8 ~tt~a: .~arzin~ `~elrr,~ Cit;~ C~oL~ncil Ci~~ c~~ ~~1~g I0 ~'clzn ~.~r~enue hest ~jeln~, ~~~~. ~8~3~ ~za cnr~TOr, wnx sc~t~'t~-~ c~r.rn~rFn, wnsr~Nr;~o?~ ~ssf:~i (3GD) $3~9~i33 I~AC:StMIJak: (360) 9~G-9Th5 ;~ ~ R~. r.~rs+#}tTvIl~(n{~~f S~•~?PI~~ti~1).r ~.~. s~~n =nr..sa :~ nnira^ 1 r>r onr-.coN ... '} ri ~'.(i ; s-"~:>>,.J fi;. ;`~iC/4 ='TC%:Cic3; '.IOAi•FO k ai)YCIF] i; ggc7f.7NA 11!,1 ~^ :F~b?"^I'Sif; ?i? t,I.A ~?.A., [iF~,t pS. GU.f+M at 'f.ENUF.50TA February 1 ~, za 1 a Imo: fisr~rzitla ~esiclence at Lot XS o£Palisades ~l4Test IJeaz- Czty Council: e received ~ttor~riey Canal Morris's briefa~ter class o~busi:r~ess asp Feb~a~ I~; pi0. As stated. in r:~y priax letter to you. of February l6, 20I0, we wisl~.ed to I3e aI~?e L~ x~;spo~ad to al.Iegatioz~s that we could not have an#icigated in advance. . I : For tl~e buff of Nfs. h~orris's submittal, there xeal.ly is not too much ~~ore =,~:e can ad.d since n.ca; Iy all Gx !It ~lS IY~'elev3llt. role have previa~.lsly rxade e poini that the Sn~ith3' ap~-li.catian for a minor amendment tQ the ~Io ~r~al plat aor~ditiax;:s added Irv ~e Cary Council is not at all the same as the entire elis~:inai.io.~ of a preli:inary plat cor~.dition, 'phe smiths are not now and .have never said the Flat slxauid g~.ot have to con~pl~ with. tl~,e prerequisites aItagether. T'he prohi.I7ition again,.,t the i~sua~c.e of ~f I zcsidential building permits, except ~'ax a ,rnc~~el harne, ;~ adArance o~the Water boaster pump station and sewer. seal wexe condition, imtrosad €~v the City Ca~~ncil when you gave Falisades West its final a~~prc~val, .~.II ~t'IV~s. I'+~oz~ris's briefing on res ~udicata and exhaustion csl' administrati~•e rer~~ed.i~°s, eta., do;~s z~ot ap~Iy io whnt the Smiths Dave requested. Tl~e ~rniths axe requestiz7~ that only I'.:at 15 be allowed residential occupancy until such tune a.s the retrai=:~ing two plat conditions are campletcfl, atzd with the assumption that en~ineerizzg safeguards ~~vi l l be in place. They are not requesting drat t~,c pint ~-oriditiax~s t.Itamsel~cs he eliminated. 02!19/2010 i6: i4 3EG~9569795 ~^ cbraa~.~ ~ f, ?~? l 0 Pa~;e ~ CUSHMRN LAW OFFICE" PACE 03110 ~~s we are ~Il well aware, the pwrpose of the S~riitl~s' final plat. zr~i~~ox amen~lmerrt reque3t is to eria$ic a reasonable and workable soIutiun~ to a. ~rc~:~Iez~ ths,y ~;id not cause, since it was the City Council rho granted fizzal plan. ~p~~z`~-~~al ~,~i.thc_Pti:•~: a.Il of thy: preliminary pXat conditions being 1=ulfiied, and it ~~-as t~.e ~it~.~ vv}jcs ~.ppa~~ently did t~c~t require a bond from the developer to assure; tF~c coxnplet:ion ~~~'tI-zosc same pxeli.~a~~nat•~~ plat conditions. Z. >~~~s. ~±"c~rris irnplics there is sametl7.ing amiss can.cernir~g the bC~iI~IY~A~ ~,e~~.it apg,Iieaci~,n submittal and th.e dates of the Smiths' awnersl~ip c~i l~~t I M,, ~Ls s'm sure evez,~~nc is aware, it quite ccrmrnon far a hoxr~cown~•' Cf7t1~~~~.3r -a sL~n the building ~Ser~~.it application as agent 1~'ax the homeowner. I:n t?a:is si9:uatior~, I)ar~ I,e~e; as agezYt, signed the application and clearly indicated ~c property o~,Tr~cxs were fh~; Smiths -not Triance, so there should have been :~o ~;oZftzsio. Lhat. the arplicatic~r~ v~~as [aofi for a model. home. As for the timing, at e tiy~e ~f ti:zu buiYdir~g permit application in September 2008, the Sznitkz.s wez~e p~xrchasexsWunder~ car~tract, since filiey would rzat have finalized the purchase;.. r~csr wc~irtd e dank hatre granted 1.he loan, until the building pexxo.it had beer sec=_ared, Their cntxre corzstructiorz package was premised upon a building perrrzit axed sE~l:trsequct;t occupancy. They would riot have chosen to purchase the cot~structiczra pac.3~age in Palisades ~~cst had they not been issued a building perrrri~:, War ~c~-ulcl theta h.~.~re ~~one sc~ if they had ttrltlerstood the iunplicatians a:f the final plat ;~cod.ityckts. Instead, they would. have simply chosen a diffexcnt lot soniewhrr~ ~ylsc iza ~ clrn on ~rhich to build their dream. hazne. 3. Wis. I~:orris also implies there is raw some defect in the Sx~.tths" appiieatioAz because slr.e bctieves Palisades ~~lest has been foreclose~t, so ~vP need ;~~ g~:t slgnatz~xes fxom the new owzters. Although a foreclosure rraay be ixami.nent, records checked, as oftoday, do not show that to have ha~spezred. ,DTs. c~,n~is may cunf~.sed uTith the adjacent if} acres which indeed has been foreclosed, i<'hat property isJvvas intended to become a subsequent phase of Palisades Vest, °Ad atths~ugh 1 da not know at what: stage of develapmemt it is in.q if ary, it ltas x~ot been l`~a.I plattecl. For your reference attached is a copy vftbe Trnst:+~e's iced ~~herein ~reu ~~~il.l note thai its cornmvtl Warne is proposed Palisades VcTest (the ppxtian of ~atisadcs 'west containing tl~e Smiths' Lot 15 .has acbieved finb.l plat st3.tus, tltt~s is , no Iar:ger. "pxopdsed"}. Also, in the legal descxiption to tltax d€zcr~n~ent, %t =dentifies the Auditor's Marcel Num.bcr as 2172513020Q, anal 1've af~ached a n"Eap prit~~C~-ant shoring its location. further .note that the 2006 ~caxing Exarztin~r decision describes the project as "phase azre afa two ,phased develaprtaent to sr~'~dit~ide . appxt~~irnateIy 1 ~ acres irAto 24 single-family resitlerrtisl Iots", tl-zus clo~~Iy adcntifyina Lhe intent to subsequently plat arr. adjacent properly, 02f 19f 2010 16:14 3509569795 CUSHMAN ~.~~~ IJFFICE PAGE ' 04110 Reim City ~c~=~raUzi Febru.az~ 19, ~~ ~ 0 Page 3 That lsvint asides wbc~z ox if the fnal piat paztion of Palisa~lcs fcst daey ~ar~sfcr owx~exshxp. the Smiths ~xled their application andrt wa,s signed. by all c~~vn~s at tk~e 'time i~t b:carne a complete application. Typically, sitcl~ a}~plica:~4ans ~~ with tlxe iand. and ghat would be disciosed to fihe new owners. Tn any event ~~rc ~~au~.d ~nticig~at~ pia[ any new owners -when ox i~`praperty c~~.vn~rshi~r trai~s~~Ys -would similarly, ~~uant to have the Smiths' house occupied, r~s it ~~ outd ~.~~crease fihe value a~'their adjacent holdings. llgain, l zeiterate tic obvious: There is r~o benefit tt~ the Cit}r to ~sl~ i~~to a denial. afthe Smiths' applica.~.an to amend the final plat cax~ditions. Your .Tan.t~axy ~~, 2~t0 detez°znination to "iz~de~nitely table" the matter pending the litz~atio~~ is accel;table. While ire dq na# know what the end result o#`that litigation wr`ll: be, ;~.aw that theCity has been naax~ed. ~ ~.xe Smiths' lawsuit, your first order a~'businc~s sl7.ou.ld n.at iie tc~.~:a,4~c a reasor~al;lc aid. wa~rkab].e solution out of the zu~u~.ing. S incerel l Ben Cushrna~ cc: ~'arollt~c-rx~is clients 82I19/201® 16:1 3609569795 _._._.~ _~....,......,~..s-... - ~~~ ~f.L`4]~,9.D$ Ratuirn tO. ~~~ ~x~firs LAP A.~. Chx~fific~pk~a` Wyse X25 ~'aur~~ ~,x~enu~, 9ui#c 290a ~~~cle, YV~.981Q4-1.58 Qr~tar: ~autee; J~~at ~esoziption. CI~SHMAN LAW OFFICE- PAGE 05!19 Tlcurs~an CaimtY £t'easnt~~ 1zaa~Eat~tc xoisc~'ar~pes~ ~,,,~, ~~ ~ ~~ 1„s+ C4V~HEET TO ~'RU~T~~'~ ~~~3 ~'k~~, LAC, ~c~rower stop~~ ltd, Wya~t, Esq„ °i`t~~e~ Sappkire ~tE Properties Haldir~~,~ ~, ~,~,~ ~bbxeviat~d ~`c~r~r (1 ~ SEC'ITOI~ ~5, TC3W~1~~~ 17 N,, i~I~i~E ~ ~<, SW QU~4RT~R., ~E QUAI~TE~ ~z) ~~~.ca~~.~., ~-x~~~, mac. ~5o~~z~~~~ ~u~i legal description zs a~. ~ib~k A to doGUrt~ent ~,s~e~sar°~ Tex ~er~ei ID ?dos.: ~.I7~Sl3ei,~Q~+; . __ n . . Refer~xnc Na~..~udito~t's File No. 38'~A~132 {Dew a£Trizst) ITChk LYE LLP ~°AhdnraEan II~fII~IA~I~~~l~(~fll~~l~~if l~i~~flllfl~ll~~I~~I~'I:~ 02!19!201@ ~.6; 7,~ 3609569795 CiJ5HMAN LA~J i7FFICE PAGE 06!10 TR"CJ'S°TI~Ds'~ AE1R~? Tom; T()I~, Chrzstapher M. 't~y~t, as cutz~ctz# Trustee undez that Deed cif Tryst, rrss her~.naftez parazculaxly descnbed, in cansideratinn a#'t~ae premise arsd pay~~ xscid belnr~v, Z~;l3Y GRAIVT~ AiVD twO~NVEYB, witl~otrt warr~uzty, to the Gray#ee, np~h~c R~ Propeartie~s l~oldin~s 3, LAC, wlaase address is ~?4~ ~`~ r~.venu~ Nl~, Seat`Ic, ~rA, 9~ ~ ~ 5, #Itat real property, situates in the Catty cf'I~xwrston: Sts#e of ~Vrashin~,ox~, described as fallov~s: ,t~S Il~ SAID DE)D 4F TRUST AND DESGRT.1~laD.ON ~X~IIBIT :A cor.anly lawn as pxaposed "Palisades West,41 'helm, ~aslaia€a~ton, 9816. ..-.- ~'~'l<'AJG~S: .. ~, 'This conveyance is made pursuant to the pa'1~, %noludang the Isar of sale, cpnxe~ed uparz said Trustee by that certain, Decd oi'Tnts# dated C?ctvt~ z 9, 2Q459 recorded ~cTober 1 ~, ZQ06, tttrder Auditor's l~i4e No, ~ 874I32, rec~srds of Tk~urs~a~ County, Sty of ~ask~irigtan from l~'~I, I..I.,C as 4rantar to Titan. Trustee Ser~.ves, ~c;, as Tr~.~tce, ttc, seewre an aliligation iri favor of V~ Ca~itxtl, lac., the Bcrrefxciary. ~~d Deed of Trust ~vvas sssi~ed ~ ~ap~ltire RE Prc~e~,es klolditigs 3, LLC oz~ ,Ia,a i Z, ~~~a w~,der.~udito~r's ~~~~ ~Ta, ~131a~~, ~. Sai.d Deed o€ Trust vvas executed to secure, ta~ether with gt'~ex ~za~dez"~tAn~s, ~c payment of a Promissory mote ir- the origi~l sum oI' $7, 775gUQ0.00 vui.~tl~. interest thcrecm, ~cavrci~x~ to ~.xc #erms tkXezenf, in favor of ' Capin, Irrc. and to seeu~ a~, athe~ sus a£ mane3+ 't~l3icla might become due and payable under t13~e terms of said Deed cf Test. ~. 'Thy described Deed of T`nast contains a statezttezat fat ~e real prcper~y vo~,vcy~ t~ercir~ as oat used pr~cxpally #'~ agricultural purpo~scs. ~. Default ha~+ir~g accurted.n the o63aons secured 4lzdldr covenaots Qf ~e Grantor uu.der said Deed a£Trr~st, as set Earth the ~l0iacc afTnts#e~`s Sale dcsc~bed below, wbricb by terms of !~ Deed of xantst m c~oratlve the paver to sell, tl`ae day advance Nance of Default was transttti~d to said ~vx, occupants, a~:td 1~zta~ts, axed ~ copy of said Notide way gosked Qr served ixx accordance wig i~w, . '~'F Capital, Inc., b$ing then the Twlder of ~e irxdebfedttvss se~uz*ctl by said Deed of T~sL, delivored t4 saad Trustee a'~vxittea a~e~uest directing sand Trustee az~ lais au.~trsrized agc:~t to sell tlrc dcsc~iberi Inraperty in a,ecyordarzce with law ea~d t~xe is or" said Deed o~'Trust. 41362 P~~~ ~ mot' ~ ~sfssr~a~m ~~,s~ pq q~~d ~~r.xLtp Gar ~ty ~[~shyr+9ko» 02!191201@ .15:14 3609569795 CUSHMAN LAW C1FF';~E PACE 07!10 6. 'S'!xe de~x~lts specified is the Notice of Default not Ixavxng bean x'cd, the T`rrxstee, :n ca~npls,ar~ce: v~ritle #kze terms o€ said Deed of Trust, e~secated and on Octoh~r 1 ~3 2Q49, ~c~rled. ~ #.ize of~ca of the Attditc~r of'Th~rston Caw~ty, ~ashingtoz~, ~~x Az~dirTs file IvJ~, 411582, an AmCndedN¢tice of Trustee's Sale ofsaid p~I?e• '~. The Tr~st~e, in its a~axasaid An~nded Natiec of Tnzste~'s Sale, a~€ed ~c dre#a cf tltc saie a.s 3arxu~,'y 8, 2010, anti plane o£ she ~t the ~'oiIawing toes.#ion: °~~.urstc~ ~a~.ratt Coix~~iassse, 20{x! Lakc~rid$e Dri~-e SV~', Olympia, OVA, State o~ ~as~iin~v~, a public piaae, a# Z 0:(l0 ~..~., atiid xra acev~rdaace with !aw caused. copies at° thv sf~utax~r S~~ofiae of ~~"k29'~EfB ~`8I~ tU be tranSllriitt£d ~~ ~ki83~ t4 all persons entitled theta aril ~?"C~.~T pvst~ ~~ seed prior to 90 days before the sale, ~, fhe Trustee caused a eopY of s~ztl Notice of Trustee's Sale ~ta be published Once betwec~ the thirty ~fih azxd ~~~ax#y-ex~E~.~ d~.y before the date of sa.€e, and once heturee~ot the fowrteentlt acd seventh ciEay before the sale; arad ~.irtber, included with t~uis Naticc, which was tra~szx~itted to or seed up~r t~ Crrantcr or lr=:s suaces~or in interest, a Notice of Foreclosure in substa~~ally the sfiata?y ~'Q:~. 8. Uetri~.g tha ~vzeclos~xre, ro action was pending un a~n abligafian secz~d b~° said ~3ee~d of Tit. ~. AI! lags] zee~v~i~ments anti ell provisions of saki Decd of 3~ust have lea complied. with, as to sets to be pezfarmed aril notices to be gi.~n, gs ~ cs'vided in?~.evised ~c3ti• af~'ashingtozt, Cl~a~er ~1.2~. ~fl. The de~'aa.lts specified in the Notice a€"l~ne's Sale ~ao# ltavi~ been cd ua Aess -dean eleven days prior to the Trustee's Sale attd said otrligation secured by said Deed. e~f T~s~t xemaiging unpaid, an J~zuary 8, 20],0, the date o~'sale, w.hi~ch was not less t~eaee ? 9U days ixvm the date aI:'dai~ult in the oblig&taQZ~ wed, the Tzt~~tee then d $l~er~ sale at pulriic $on ~ Saplrliixe ~ l~roperEies Haldsregs ~, LLC, ~e Itighest bid€iex thsrefaze4 the prcpczt3' ltez~eiztabovs des~lbed, ;far the sum of ~3,~p0,00C1~00, by ~r ~satisf~ctian a.~ if~ll of the obl~gatiou tl~ett secured icy said Deed ~f Test, ~gex witkz ~1 ~eG, casts axed expenses as larovidcd lay statute. ~~. wards ar~d e~cpressions used here sl~,all be appIi,cabie ~scardartg to tl~o cvnte~t herev~', and wxtlaaut regard to the nunibar ar gender of such words or exgre-ssiva~s. 4i338~2 P~~~ ~ a~ p.1T~8t209~ ~i:i~ PM{ Reid K ~ :een~ ~t r We~ts~r~~rtrn, 62f191201~ 16:14 3609569795 CUSHMfAN LA4~ OFFICE PAGE Q8116 .QATEI3: January ~7, 2{}~fM '~.USTEE Christopher M. ~W~Sni, ~s~. STATE O~ ~7t7A~~~TCrTON ) as Ct~UN~"~" ~rF vG a t cc~.~}~y #hat I know or ~Savc satisfactory e~idenee th~a# Ciari~s#apher :'ut, ~y~.t €s ~e g~rs~r- mho appesred 3ae~orc me, and said pers~r~ aaknvwlcdged #itat shs signed ~#ris instrutre~.~ ~d acKr~owlcc€~,d it to be her flee and valurttary ac4 far the uses a[~d putpos€~ menC~.~,ned ~~ the instrutn~nt. UA.~'~D: ,farlu3ry 27, 201p. ,~ ti» f~ ~ 4 ~~.~ A ,~~'~~,~ ~ntary F~.ie ~ '~ ~,Cy appoiu~tment e~ires ,.._. ~~ ~~~ ''~,~ ~~$L{G ~ 'tom ~~^'~~.~~r.~ 4~33$B~ Pa~~ 4 ~~ 5 rlwrit~~ ~t f 3~q lltlriglonpe~d xa~~~gs ~p i ~@~ i ~t~ 02!19!2010 15:14 3669569795 CUSHMAf~ LAW OFFICE PRE 09!19 .,.~~~' A. - LEC~AI. DCR~P"~Ohf Legs[ description a~`pza~axty dcscribEd in r?ee~ a:~ ~'.st _. ~ ,~'~:2~7~5~3~2QOc THE WEST ~D.2.~4 ~EE'I' 0~ ~~T ~A~T 0~' TSB ~OUTI~WF~T Q'J.T C3F T NOR"S'kIEA,ST QUARTER OF SEC'I'IOA1' 2~, TUt~VNSX~I' ~ 71~TQ~.Ti~, Iz~~E 1 E~~T, W.M. LYING Sp~E37'HEASTERLY t}k' SECGT~r]ARY HI~H~i!'~.~ Itil~. 5-~; E~CEPTINC3 THERE~`ItOM THE SO~JTH ~ 6,5 FEET'. ~°~~STt3N CO~JN'`~~' '~'ASH~NGTO~' +~~33982 ~~~~ 5 ~f ~ Tefr2~~2~i0 01.is Pro a~~d K 6rL GA 6a LLR ~a~'~nnton 02l191201Q 16.14 3569509795 CUSHMAN tAld t7FFICE ~urston Caunt~ NI~p ~t~tp1_~t ~~~ PACE ~.6l19 Page ~ off' Ii ~ ~~'hu~°ston ~QUx~~~ Mai i r _r' ?' -~..:. ~:. - ' .:.~ ..-' ,. - , ~., ~. ~ ~~_~;ti~, t r. .. ~ ~~. ./,.i''' ~~ ' . .. 4 - ... :. ~ .,. J ~... . f ., ., .._. .- .. t.~ ... i ,. ,~... _ ____ f~ ~. .....__ .. _.... ., ..:. / . tll `, 1 ........ ~~ ~ 1°~, __s.... i{°~.. _. f ._ . ,.. .. ,' Fem. ._. .._ ~.. _. ».. A ~ ~.r . ...... .; ~~._.._ __...._... . O. ..... ..-_._.. ...-.. _._ ,,.,,_, , .... ... .. J . . . .... ~ J ' . ~ 4, ~.. ... .. .... ___ .~ l ' ..Ill.. __._-~.. .... .~. ~.I ~I f ~~p _ i,.•. •._. LT>~ - III ^IIN~tiGaFl Discfaimcr:'E'hurytnn Go,mty inaRas c:vCry effort to cn*lure that this map i~ a [rue and act:nw[te reprtissentutiorr of she wrrrk of County gpvertttnent, Howcvt:r, thcllCpunty an¢ all rrlated pcranncl rtrakc nr} wan:trlly, expreSSdd cr img]'scd, regat'ding the a~CUraCy. completenega Or convenience of aay information disclosed on this map. Nor doc.9 tlta County aCOept liability for any darnagc nr'snalury cattsed by t1~c use of thiv map. ll Ta the fullest exienl permissible Lsursuant to applicable law,'allursttm County diaciaima s11 WarTLlltiCa, C7[prC99 nr 9rrrpLlCd, IriC1LIGtri~, lsVt 110t 14m1tCSt [C, implied WarratltlC,4 QF mtrChanE ability, data ~tnc¢c fpr a particrlat ih:rpasC. n.~d non-infringcrr:entg Of ~mp~ietaty tiglxs. EJndar nn circUrnsl~lflCC3. incfudirlg, but not Limited tn, negligen[~. sh~El.'E'lt~rsttm Coutrty he Tilble Fpr arty direct, indirect, incidcntsl, special 6K COfiSCAtlCntiBl damages that result from rite use oF. or die inahilfty to u5c, Tllur3tgn yoat4ty rl3ateribls. T$su~!dt _ '' (d 2(110 • TI-vr5tcm C4vtttj CrcoData CCntCr ~~+~ ~ 24{14 E3eritoge CPV!`1~ 55+1}, Std rlaor C~tt~ tJlymFi~r, Y1tA?B.riCl2-6(),~1 ~~r~~~' ~./ ~~ ~~+ ~~T~tteT ~t~s. aS ~ ~~ ~ r~,r_ ~T~di3tii ~;~~. G~15PS I ~ Gib f~C~- ~ ~ ~~~. ~ } ~C~~- C~ C> i htt~:llgeom ap ~ .geaclata.ax~lservletlcorn.es~rx.es~zinr~ap.Esrimap 75 erviceNazne=c~dastrala~~c~lient~er, siar>.~... 2/19/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Monday, January 04, 2010 4:40 PM To: Grant Beck Cc: Janine Schnepf Subject: RE: 1-12 CC meeting Yes, we can let Janine know after your conference call whether to list it as an agenda item or an executive session. Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, January 04, 2010 3:22 PM To: Shelly Badger Subject: RE: 1-12 CC meeting Ron is right... at the November 24th meeting, Bob moved to table it to ono later than the first meeting in January', so it is on. Am I still ok getting back to you after my conference call? Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, January 04, 2010 3:01 PM To: Grant Beck Subject: RE: 1-12 CC meeting Ron remembers it that it was extended until the 12th, can you confirm with Janine what the minutes say. Yes, we can talk after your call tomorrow. Thanks, sb Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Monday, January 04, 2010 2:51 PM To: Shelly Badger Subject: RE: 1-12 CC meeting The matter was tabled indefinitely, but we expected to have an update for the 3/10/2010 Page 2 of 2 Council next week, based on the engineering work we received mid-December. I have a conference call tomorrow at 2:00 PM with Carol Morris and Brent, and one of the items on the table is what to do with the subdivision alteration. Can you and I get together right afterwards or first thing Wednesday morning? I will have a better sense for next steps after the call tomorrow afternoon. At this point, I am not expecting any action for the 12th, unless an executive session is in order (again, based on Brent and Carol's recommendation tomorrow). Thanks, Grant Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us From: Shelly Badger Sent: Monday, January 04, 2010 2:47 PM To: Grant Beck Cc: Janine Schnepf Subject: 1-12 CC meeting Hi Grant and Happy New Year! I spoke with Ron regarding the 1-12 CC agenda and he said that we tabled the Palisades issue to this date for an update to Council. Can we get together tomorrow morning for you to give mean update on where we are, so we can determine what needs to go to Council. Janine and I will be reviewing and confirming the agenda tomorrow, so we have to decide what to place on it in the morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 02/vE/20i~ -." ~'~ : E;Fi3.~E9795 CUSHMAN LAW C!(~'- ' E. PAGE 02/06 CL.'SF~I~'~t~N ~~ ~,, rL?'t'4R~EY5.1T L~1 +~ BcnCtrsi~_,ran{7C~1~s~~manlaw,com .f~ SI-'G: .fc7~7S72~ Y£]tx? Clt;' Cauncil City o~ ~'::IrrJ 105 ~`al~z .~uenuc Nest Yeln~. ~~~ 985 i 724 CnPiTOL WAY sOL'T1I OLYIurnln, wASI1tNGTgiv 965ui (3rn~ 53a-71a3 I~ACSiAl7r.r, (3GU) 75G-7795 j(7N F, Ci;SrTM.~Nt Iil~iN) t1Q?~l D. CUSHMAN* tnSiPEi W, ~^tJnrRJJ~ i,:r.Y ;7irt !: CU°r~:r.iti D1V.L ;.n*sc:.you^t•r~.n ru ortecoN ' ntSr1 nL t1T;'?U rra N, ~,Sl',A ORI'gnN, rngFiO k ~'C~?'rw r,,~ROi,1N.1 irP.1.SC Ai:~?P:fir r! 'h','J.A'1{~1, i~R!?GgN, GUAAf ~ ;.rrvnrrso7' ^. Feb><'uary 16, 2010 RE: ~irlith 1Zcsidence at Lot 15 of Palisades West Dear Cit~r CoI.J~°acii: tTiTe are sul•.:mitting this letter in an. attempt to supply briefing by today's date- ~~-l },~ha1f of tlxe~ Sixliths, -~5,'r;%ch you requested during your last meeting on Febzuary 9., 2t11C~. t<<n;PQ~artatoly, we still are a clear v,~hat it is that we arc briefing since we have not seen. the ix;aterials that ti~nere to have been submitted by Carol Marris. A,t this point we still call only guess at the details of what is going to be discussed and decided by you, and are therefore ,put into the gosition of making a blind response to soittething we have yet to see. However, in ca>t7npliance ovitlx your request, we re-submit c~}a.l• ~'cbnl~~ry 9, 20101etter which outlines legal points on the Coup of.~ppeals ease cited. by 1~Is, Morris and we also retzew our objections discussed iri that letter with xegard to post-hcat~ir~g submittals and lack of proper notice. ~Additionuisy, rlow that we lave learned from Carol Morris that she also represents the City of Yelm as ~~ell as Grazat Beck in this matter, we further object to what appcd~rs to be a blatant conflict ,~f :interest. I?le interest of the City and Cxrarit Beck diverge substantially. ~'hc I'Pai;itiffs' request far plat ame;»,dlrient highlights this divergence. It is i,n the Ci_td~'s interest: to appro~~e the plat a1r,eracl•tient as d®ing so would. significantly mitigate damages ana. r~vould be a politically responsi~~e and soi~zzd determination. It is iJn Grant Seck's interest to resist amendment as granfitlg the amendrrJent highlights the series of errors he made in t11is matter- Morcov€r :leis LI111{lrl~ dual representation by Ms. Morris presumably is a superficial meti~cad to exiable expanded executive sessian privilege, which otherwise would be illegal. In 1'urilaer ~riticipati~~r~ of what might be submitted by Canal Morris, we t7izi.rat orit that ev.;rl though tl~e fearing f~xaminer I><tade provision in lais preXimi»ary plat recoi~zl~i~:I~dation, at Finding ~~i*. l 1, for thL cievel.opez to i><?<sta11 the booster putx>.p station., ii: wds i>at airitil nc~v~~~;ul 02/.612919 :! 6: 5~ ''r_99569795 CUSHMAN LAW Of=FrC;E PAGE 03/66 Yelrxt Cit;~ ~~oun ~•il February 1 ~, 2414 Page 2 plat app~'oval that the CitS~ Council added the condition which. prohibited all r€;sidez;.taal building permits zrorn being issued anti,] said pump station was installed (and w~lxicka the City building official(s) did. in fact erroneously issue). The Smiths' application for a plat amendaztent does not, nor is ii intended tot amend the preliminary plat conditions. It is still expetited ttl:dt d.e developer t~~ill ir3sts.11 all requi cements for fttrther build-out of the plat. The Srniths° r~;gt~.ested arztca~+~ment to the.'irzal plat conditions is to allow their house, only -and with proper engineering safeguards, the right to be occupied in advance of the pump station and. sewer seal, whirl^ are utilities sized for afully-occupied plat, faz in excess of just one house. Most important i, ti~at the reason for the requested amendment is to correct what has now turned into a gravy erxor mad by you, the Cit}r C-ouncil, ir. approving as final, a plat which did not havE all of the requisites you wanted completed. Please realize, however, that the occupancy of one house in advance a'f tb.ese twa conditioa~s ?was not a requirement of the preliminary plat, but comes only ~z'otn tlxe final 1~Iat conditions. ~' ou, as the City Council, since you enacted those final conditions also have the authority to atrtend final plat conditions -see our letter which accoml~anieci the Srn.ittas' plat amendment application.. If you preclude rho possibility to amend youx fnal plat conditions, you rail] be sigzaificartly restricting the City`s ability to resolve this matter at a significant cost savings. The ~mitlts' tort claim form identifies the vast difference in damages that will be claimed if`tlxe Smmiths arc able to ever.~ttzall~r more into their house. Perhaps thexe is same benefit to 14ir. l3t~cl~ for the plat amezidmc:nt to be denied, but we see no such benefit to the City or the ether defen~}ar+ts. ~,Ve would ad~~~ise you ztc-t to act too hastily. We reserved the right 'to respond and/or object to whatever additional ini''u~s~9atio~ct a'nav'oe submitrcd.. Su~erel~t,----f r ~~"' t" Bert Cushnraan cc~ Carol Morris ' CiCI1tS Glacier Karen Bennett From: Shelly Badger Sent: Tuesday, January 05, 2010 11:46 AM To: Janine Schnepf; Ron Harding Cc: Grant Beck Subject: RE: Review Agendas Upcoming Importance: High Page 1 of 1 Janine, agendas look good (very nice of Myrna to bring cake!) with one caveat. After Grant's conference call with AWC & Brent today related to the Palisades issue, we may go into Exec Session vs. a public update as currently shown on the draft agenda. Stand by, I will be meeting with Grant at about 3 and we will confirm the agenda at that time. Ron and Janine, if you are available this afternoon, it might be good for you to come to my office hear the update first-hand from Grant, so we will all be on the same page. Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, January 05, 2010 11:24 AM To: Shelly Badger; Ron Harding Subject: Review Agendas Upcoming Agendas for your review; January 12, 2010 -- Regular Meeting 01-12-10 (please note message following Oath -Myrna Harding offered to bring cake for after meeting) January 20, 2010 -- Retreat 01-20-10 (notice to be published 01-08-10) Janine Schnepf City Clerk/HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 ~2/~.9/2@1 ~ ~ :: 'i ~? ~5~95F~S795 CUSHMAN LAW QF-FTCE. PAGE X1116 ~' ~ ~r~, r 924 ChPITnL WAY 50U'i'1-3 ULYI~IPrh, OVh5EiINGT'C7N 98569 (3GE1} 534-71~i B~,'ti'AI~itN. F%.:._tiST~'?htN r TE~siS^FI F.:i4:LiDfRt 4.. - ',13t;.rE-`..Sti'I~''F.`.~.,C,-"n'1.:~ ~.:5!_'h3..5AR:t K-1 :...,.~~, P.41.14 f - ~_,nhl:!'ITTS:4N:"4:!~i „~.:~•r:.,l34 hl fS,KI ~'ACSIM~L,E - F4R IMMEDL4TE DELI~~'~~;.~~ 3],A,TI;: Febrraary 19, 2b 1 ~ TiN1E: x:20 pm Nb. ~F PAGES: ~ (Including this sheet) TC?: ~'elr~~ City Council, clo canine FAQ ~~~f: =X58-~3~R PRC'r„ Ben Cusla~a CLIENT NQ. 2i45.fl01 C:~.SE: ~~T~itlr Application for Final Plafi Amendment Xl`' I?'O~r?IJLi~s ~1TH THIS TRANSMISSIQN, PLEASE C4N`i,AC:T::~~r~ez~ ~v~zlzrva~°d J~~C w~~El~i'I`(S~ I~EING TRANSMITTED: Letter from Ben Cushr~i~ri C~R€~I?~Ai/ WILL.~k'OLI.~OW WILI, N~?T _. _ F~L1.,~~~J CG1~:~~~7TS: TtiC~TE: ? ~~u irt~firrFtcttinra contQined r'rr this fax is t~rterrded vnly~or the ad~r°erssce t~3 ~~r~~e,j~~e's ar~`h~rr~.ec~ aher~i. ~'he message may cantaan infbrmu#ion that is prividege~-1, c~~n,~eF~ii~, oA. r~ther~~vi,re exe,~a~t ~'orrr disclosrrt°e. f~'the reader of this rnes~sage is raat the fnte~acled reca~y~ettr~ or _ rec Ar;isrzt 's ~Pdi~OrdZGtd~ a~•ENf, then you are 110t1~ed that aray dis4ser~itratiptz, 't.~i ~t3"~~'f,€EiQ;"e ~r c~~syin~° ~~f'tlizs ~$resrsage as,~rohil~ixed. If you have received this mp,ssa~e ig~ err.~r, ~lea,,~» ~~tzfy the se~cter ~y aeiephane arrcl retua•rr the original acrd any copiers of the n~erssage ~y r~ra7~ ~~ tyre ~sert~er at tl~e crdclress stated above. Th~ar7~ you. ~~~~~#°#~~1°#7t~k:k.k:l:~c#~k~R#~k~k~k~k~k~R~k#~k~k~h~k~klk~h~%~k~k~K~K~k~k~tl~N~P~H~k~h~KkIR:~+~kX~3le>K:Pe~i:~s~Y~sk~k~sc~,t~er~:~rz I~11 ~. 9r' X010 15:14 3509569795 CUGHMAN LAW C7F h 1CE PAGE ~12I L0 ~'~.r' F~~jj~~ ls:~:'~1 `ti ~~~~~~~~~ k .~. t~T'~'~~~,A;~.'S li`C r~:~.~k` ~cs;C~zs~~ma~~ ~~~~ ,}~tnan~avv.Gatn YID Te.Ie~~~r~; 4.~SLL43~8 ~tt~a: .~arzin~ `~elrr,~ Cit;~ C~oL~ncil Ci~~ c~~ ~~1~g I0 ~'clzn ~.~r~enue hest ~jeln~, ~~~~. ~8~3~ ~za cnr~TOr, wnx sc~t~'t~-~ c~r.rn~rFn, wnsr~Nr;~o?~ ~ssf:~i (3GD) $3~9~i33 I~AC:StMIJak: (360) 9~G-9Th5 ;~ ~ R~. r.~rs+#}tTvIl~(n{~~f S~•~?PI~~ti~1).r ~.~. s~~n =nr..sa :~ nnira^ 1 r>r onr-.coN ... '} ri ~'.(i ; s-"~:>>,.J fi;. ;`~iC/4 ='TC%:Cic3; '.IOAi•FO k ai)YCIF] i; ggc7f.7NA 11!,1 ~^ :F~b?"^I'Sif; ?i? t,I.A ~?.A., [iF~,t pS. GU.f+M at 'f.ENUF.50TA February 1 ~, za 1 a Imo: fisr~rzitla ~esiclence at Lot XS o£Palisades ~l4Test IJeaz- Czty Council: e received ~ttor~riey Canal Morris's briefa~ter class o~busi:r~ess asp Feb~a~ I~; pi0. As stated. in r:~y priax letter to you. of February l6, 20I0, we wisl~.ed to I3e aI~?e L~ x~;spo~ad to al.Iegatioz~s that we could not have an#icigated in advance. . I : For tl~e buff of Nfs. h~orris's submittal, there xeal.ly is not too much ~~ore =,~:e can ad.d since n.ca; Iy all Gx !It ~lS IY~'elev3llt. role have previa~.lsly rxade e poini that the Sn~ith3' ap~-li.catian for a minor amendment tQ the ~Io ~r~al plat aor~ditiax;:s added Irv ~e Cary Council is not at all the same as the entire elis~:inai.io.~ of a preli:inary plat cor~.dition, 'phe smiths are not now and .have never said the Flat slxauid g~.ot have to con~pl~ with. tl~,e prerequisites aItagether. T'he prohi.I7ition again,.,t the i~sua~c.e of ~f I zcsidential building permits, except ~'ax a ,rnc~~el harne, ;~ adArance o~the Water boaster pump station and sewer. seal wexe condition, imtrosad €~v the City Ca~~ncil when you gave Falisades West its final a~~prc~val, .~.II ~t'IV~s. I'+~oz~ris's briefing on res ~udicata and exhaustion csl' administrati~•e rer~~ed.i~°s, eta., do;~s z~ot ap~Iy io whnt the Smiths Dave requested. Tl~e ~rniths axe requestiz7~ that only I'.:at 15 be allowed residential occupancy until such tune a.s the retrai=:~ing two plat conditions are campletcfl, atzd with the assumption that en~ineerizzg safeguards ~~vi l l be in place. They are not requesting drat t~,c pint ~-oriditiax~s t.Itamsel~cs he eliminated. 02!19/2010 i6: i4 3EG~9569795 ~^ cbraa~.~ ~ f, ?~? l 0 Pa~;e ~ CUSHMRN LAW OFFICE" PACE 03110 ~~s we are ~Il well aware, the pwrpose of the S~riitl~s' final plat. zr~i~~ox amen~lmerrt reque3t is to eria$ic a reasonable and workable soIutiun~ to a. ~rc~:~Iez~ ths,y ~;id not cause, since it was the City Council rho granted fizzal plan. ~p~~z`~-~~al ~,~i.thc_Pti:•~: a.Il of thy: preliminary pXat conditions being 1=ulfiied, and it ~~-as t~.e ~it~.~ vv}jcs ~.ppa~~ently did t~c~t require a bond from the developer to assure; tF~c coxnplet:ion ~~~'tI-zosc same pxeli.~a~~nat•~~ plat conditions. Z. >~~~s. ~±"c~rris irnplics there is sametl7.ing amiss can.cernir~g the bC~iI~IY~A~ ~,e~~.it apg,Iieaci~,n submittal and th.e dates of the Smiths' awnersl~ip c~i l~~t I M,, ~Ls s'm sure evez,~~nc is aware, it quite ccrmrnon far a hoxr~cown~•' Cf7t1~~~~.3r -a sL~n the building ~Ser~~.it application as agent 1~'ax the homeowner. I:n t?a:is si9:uatior~, I)ar~ I,e~e; as agezYt, signed the application and clearly indicated ~c property o~,Tr~cxs were fh~; Smiths -not Triance, so there should have been :~o ~;oZftzsio. Lhat. the arplicatic~r~ v~~as [aofi for a model. home. As for the timing, at e tiy~e ~f ti:zu buiYdir~g permit application in September 2008, the Sznitkz.s wez~e p~xrchasexsWunder~ car~tract, since filiey would rzat have finalized the purchase;.. r~csr wc~irtd e dank hatre granted 1.he loan, until the building pexxo.it had beer sec=_ared, Their cntxre corzstructiorz package was premised upon a building perrrzit axed sE~l:trsequct;t occupancy. They would riot have chosen to purchase the cot~structiczra pac.3~age in Palisades ~~cst had they not been issued a building perrrri~:, War ~c~-ulcl theta h.~.~re ~~one sc~ if they had ttrltlerstood the iunplicatians a:f the final plat ;~cod.ityckts. Instead, they would. have simply chosen a diffexcnt lot soniewhrr~ ~ylsc iza ~ clrn on ~rhich to build their dream. hazne. 3. Wis. I~:orris also implies there is raw some defect in the Sx~.tths" appiieatioAz because slr.e bctieves Palisades ~~lest has been foreclose~t, so ~vP need ;~~ g~:t slgnatz~xes fxom the new owzters. Although a foreclosure rraay be ixami.nent, records checked, as oftoday, do not show that to have ha~spezred. ,DTs. c~,n~is may cunf~.sed uTith the adjacent if} acres which indeed has been foreclosed, i<'hat property isJvvas intended to become a subsequent phase of Palisades Vest, °Ad atths~ugh 1 da not know at what: stage of develapmemt it is in.q if ary, it ltas x~ot been l`~a.I plattecl. For your reference attached is a copy vftbe Trnst:+~e's iced ~~herein ~reu ~~~il.l note thai its cornmvtl Warne is proposed Palisades VcTest (the ppxtian of ~atisadcs 'west containing tl~e Smiths' Lot 15 .has acbieved finb.l plat st3.tus, tltt~s is , no Iar:ger. "pxopdsed"}. Also, in the legal descxiption to tltax d€zcr~n~ent, %t =dentifies the Auditor's Marcel Num.bcr as 2172513020Q, anal 1've af~ached a n"Eap prit~~C~-ant shoring its location. further .note that the 2006 ~caxing Exarztin~r decision describes the project as "phase azre afa two ,phased develaprtaent to sr~'~dit~ide . appxt~~irnateIy 1 ~ acres irAto 24 single-family resitlerrtisl Iots", tl-zus clo~~Iy adcntifyina Lhe intent to subsequently plat arr. adjacent properly, 02f 19f 2010 16:14 3509569795 CUSHMAN ~.~~~ IJFFICE PAGE ' 04110 Reim City ~c~=~raUzi Febru.az~ 19, ~~ ~ 0 Page 3 That lsvint asides wbc~z ox if the fnal piat paztion of Palisa~lcs fcst daey ~ar~sfcr owx~exshxp. the Smiths ~xled their application andrt wa,s signed. by all c~~vn~s at tk~e 'time i~t b:carne a complete application. Typically, sitcl~ a}~plica:~4ans ~~ with tlxe iand. and ghat would be disciosed to fihe new owners. Tn any event ~~rc ~~au~.d ~nticig~at~ pia[ any new owners -when ox i~`praperty c~~.vn~rshi~r trai~s~~Ys -would similarly, ~~uant to have the Smiths' house occupied, r~s it ~~ outd ~.~~crease fihe value a~'their adjacent holdings. llgain, l zeiterate tic obvious: There is r~o benefit tt~ the Cit}r to ~sl~ i~~to a denial. afthe Smiths' applica.~.an to amend the final plat cax~ditions. Your .Tan.t~axy ~~, 2~t0 detez°znination to "iz~de~nitely table" the matter pending the litz~atio~~ is accel;table. While ire dq na# know what the end result o#`that litigation wr`ll: be, ;~.aw that theCity has been naax~ed. ~ ~.xe Smiths' lawsuit, your first order a~'businc~s sl7.ou.ld n.at iie tc~.~:a,4~c a reasor~al;lc aid. wa~rkab].e solution out of the zu~u~.ing. S incerel l Ben Cushrna~ cc: ~'arollt~c-rx~is clients 82I19/201® 16:1 3609569795 _._._.~ _~....,......,~..s-... - ~~~ ~f.L`4]~,9.D$ Ratuirn tO. ~~~ ~x~firs LAP A.~. Chx~fific~pk~a` Wyse X25 ~'aur~~ ~,x~enu~, 9ui#c 290a ~~~cle, YV~.981Q4-1.58 Qr~tar: ~autee; J~~at ~esoziption. CI~SHMAN LAW OFFICE- PAGE 05!19 Tlcurs~an CaimtY £t'easnt~~ 1zaa~Eat~tc xoisc~'ar~pes~ ~,,,~, ~~ ~ ~~ 1„s+ C4V~HEET TO ~'RU~T~~'~ ~~~3 ~'k~~, LAC, ~c~rower stop~~ ltd, Wya~t, Esq„ °i`t~~e~ Sappkire ~tE Properties Haldir~~,~ ~, ~,~,~ ~bbxeviat~d ~`c~r~r (1 ~ SEC'ITOI~ ~5, TC3W~1~~~ 17 N,, i~I~i~E ~ ~<, SW QU~4RT~R., ~E QUAI~TE~ ~z) ~~~.ca~~.~., ~-x~~~, mac. ~5o~~z~~~~ ~u~i legal description zs a~. ~ib~k A to doGUrt~ent ~,s~e~sar°~ Tex ~er~ei ID ?dos.: ~.I7~Sl3ei,~Q~+; . __ n . . Refer~xnc Na~..~udito~t's File No. 38'~A~132 {Dew a£Trizst) ITChk LYE LLP ~°AhdnraEan II~fII~IA~I~~~l~(~fll~~l~~if l~i~~flllfl~ll~~I~~I~'I:~ 02!19!201@ ~.6; 7,~ 3609569795 CiJ5HMAN LA~J i7FFICE PAGE 06!10 TR"CJ'S°TI~Ds'~ AE1R~? Tom; T()I~, Chrzstapher M. 't~y~t, as cutz~ctz# Trustee undez that Deed cif Tryst, rrss her~.naftez parazculaxly descnbed, in cansideratinn a#'t~ae premise arsd pay~~ xscid belnr~v, Z~;l3Y GRAIVT~ AiVD twO~NVEYB, witl~otrt warr~uzty, to the Gray#ee, np~h~c R~ Propeartie~s l~oldin~s 3, LAC, wlaase address is ~?4~ ~`~ r~.venu~ Nl~, Seat`Ic, ~rA, 9~ ~ ~ 5, #Itat real property, situates in the Catty cf'I~xwrston: Sts#e of ~Vrashin~,ox~, described as fallov~s: ,t~S Il~ SAID DE)D 4F TRUST AND DESGRT.1~laD.ON ~X~IIBIT :A cor.anly lawn as pxaposed "Palisades West,41 'helm, ~aslaia€a~ton, 9816. ..-.- ~'~'l<'AJG~S: .. ~, 'This conveyance is made pursuant to the pa'1~, %noludang the Isar of sale, cpnxe~ed uparz said Trustee by that certain, Decd oi'Tnts# dated C?ctvt~ z 9, 2Q459 recorded ~cTober 1 ~, ZQ06, tttrder Auditor's l~i4e No, ~ 874I32, rec~srds of Tk~urs~a~ County, Sty of ~ask~irigtan from l~'~I, I..I.,C as 4rantar to Titan. Trustee Ser~.ves, ~c;, as Tr~.~tce, ttc, seewre an aliligation iri favor of V~ Ca~itxtl, lac., the Bcrrefxciary. ~~d Deed of Trust ~vvas sssi~ed ~ ~ap~ltire RE Prc~e~,es klolditigs 3, LLC oz~ ,Ia,a i Z, ~~~a w~,der.~udito~r's ~~~~ ~Ta, ~131a~~, ~. Sai.d Deed o€ Trust vvas executed to secure, ta~ether with gt'~ex ~za~dez"~tAn~s, ~c payment of a Promissory mote ir- the origi~l sum oI' $7, 775gUQ0.00 vui.~tl~. interest thcrecm, ~cavrci~x~ to ~.xc #erms tkXezenf, in favor of ' Capin, Irrc. and to seeu~ a~, athe~ sus a£ mane3+ 't~l3icla might become due and payable under t13~e terms of said Deed cf Test. ~. 'Thy described Deed of T`nast contains a statezttezat fat ~e real prcper~y vo~,vcy~ t~ercir~ as oat used pr~cxpally #'~ agricultural purpo~scs. ~. Default ha~+ir~g accurted.n the o63aons secured 4lzdldr covenaots Qf ~e Grantor uu.der said Deed a£Trr~st, as set Earth the ~l0iacc afTnts#e~`s Sale dcsc~bed below, wbricb by terms of !~ Deed of xantst m c~oratlve the paver to sell, tl`ae day advance Nance of Default was transttti~d to said ~vx, occupants, a~:td 1~zta~ts, axed ~ copy of said Notide way gosked Qr served ixx accordance wig i~w, . '~'F Capital, Inc., b$ing then the Twlder of ~e irxdebfedttvss se~uz*ctl by said Deed of T~sL, delivored t4 saad Trustee a'~vxittea a~e~uest directing sand Trustee az~ lais au.~trsrized agc:~t to sell tlrc dcsc~iberi Inraperty in a,ecyordarzce with law ea~d t~xe is or" said Deed o~'Trust. 41362 P~~~ ~ mot' ~ ~sfssr~a~m ~~,s~ pq q~~d ~~r.xLtp Gar ~ty ~[~shyr+9ko» 02!191201@ .15:14 3609569795 CUSHMAN LAW C1FF';~E PACE 07!10 6. 'S'!xe de~x~lts specified is the Notice of Default not Ixavxng bean x'cd, the T`rrxstee, :n ca~npls,ar~ce: v~ritle #kze terms o€ said Deed of Trust, e~secated and on Octoh~r 1 ~3 2Q49, ~c~rled. ~ #.ize of~ca of the Attditc~r of'Th~rston Caw~ty, ~ashingtoz~, ~~x Az~dirTs file IvJ~, 411582, an AmCndedN¢tice of Trustee's Sale ofsaid p~I?e• '~. The Tr~st~e, in its a~axasaid An~nded Natiec of Tnzste~'s Sale, a~€ed ~c dre#a cf tltc saie a.s 3arxu~,'y 8, 2010, anti plane o£ she ~t the ~'oiIawing toes.#ion: °~~.urstc~ ~a~.ratt Coix~~iassse, 20{x! Lakc~rid$e Dri~-e SV~', Olympia, OVA, State o~ ~as~iin~v~, a public piaae, a# Z 0:(l0 ~..~., atiid xra acev~rdaace with !aw caused. copies at° thv sf~utax~r S~~ofiae of ~~"k29'~EfB ~`8I~ tU be tranSllriitt£d ~~ ~ki83~ t4 all persons entitled theta aril ~?"C~.~T pvst~ ~~ seed prior to 90 days before the sale, ~, fhe Trustee caused a eopY of s~ztl Notice of Trustee's Sale ~ta be published Once betwec~ the thirty ~fih azxd ~~~ax#y-ex~E~.~ d~.y before the date of sa.€e, and once heturee~ot the fowrteentlt acd seventh ciEay before the sale; arad ~.irtber, included with t~uis Naticc, which was tra~szx~itted to or seed up~r t~ Crrantcr or lr=:s suaces~or in interest, a Notice of Foreclosure in substa~~ally the sfiata?y ~'Q:~. 8. Uetri~.g tha ~vzeclos~xre, ro action was pending un a~n abligafian secz~d b~° said ~3ee~d of Tit. ~. AI! lags] zee~v~i~ments anti ell provisions of saki Decd of 3~ust have lea complied. with, as to sets to be pezfarmed aril notices to be gi.~n, gs ~ cs'vided in?~.evised ~c3ti• af~'ashingtozt, Cl~a~er ~1.2~. ~fl. The de~'aa.lts specified in the Notice a€"l~ne's Sale ~ao# ltavi~ been cd ua Aess -dean eleven days prior to the Trustee's Sale attd said otrligation secured by said Deed. e~f T~s~t xemaiging unpaid, an J~zuary 8, 20],0, the date o~'sale, w.hi~ch was not less t~eaee ? 9U days ixvm the date aI:'dai~ult in the oblig&taQZ~ wed, the Tzt~~tee then d $l~er~ sale at pulriic $on ~ Saplrliixe ~ l~roperEies Haldsregs ~, LLC, ~e Itighest bid€iex thsrefaze4 the prcpczt3' ltez~eiztabovs des~lbed, ;far the sum of ~3,~p0,00C1~00, by ~r ~satisf~ctian a.~ if~ll of the obl~gatiou tl~ett secured icy said Deed ~f Test, ~gex witkz ~1 ~eG, casts axed expenses as larovidcd lay statute. ~~. wards ar~d e~cpressions used here sl~,all be appIi,cabie ~scardartg to tl~o cvnte~t herev~', and wxtlaaut regard to the nunibar ar gender of such words or exgre-ssiva~s. 4i338~2 P~~~ ~ a~ p.1T~8t209~ ~i:i~ PM{ Reid K ~ :een~ ~t r We~ts~r~~rtrn, 62f191201~ 16:14 3609569795 CUSHMfAN LA4~ OFFICE PAGE Q8116 .QATEI3: January ~7, 2{}~fM '~.USTEE Christopher M. ~W~Sni, ~s~. STATE O~ ~7t7A~~~TCrTON Ct~U~"~" ~rF vG as a t cc~.~}~y #hat I know or ~Savc satisfactory e~idenee th~a# Ciari~s#apher :'ut, ~y~.t €s ~e g~rs~r- mho appesred 3ae~orc me, and said pers~r~ aaknvwlcdged #itat shs signed ~#ris instrutre~.~ ~d acKr~owlcc€~,d it to be her flee and valurttary ac4 far the uses a[~d putpos€~ menC~.~,ned ~~ the instrutn~nt. UA.~'~D: ,fafluary 27, 201p. ~» 4 Ari~tNgrn~e ~~~1~r'~t ~- ~1~~ ~,Cy appoiu~tment e~ires _____ _~ ~ tf~ °°~; 4~33$B~ Pa~~ 4 ~~ 5 rlwrit~~ ~t f 3~q lltlriglonpe~d x a ~ ~~gs ~~pp I~ ii ~@~ 02!19!2010 15:14 3669569795 CUSHMAf~ LAW OFFICE PRE 09!19 .,.~~~' A. - LEC~AI. DCR~P"~Ohf Legs[ description a~`pza~axty dcscribEd in r?ee~ a:~ ~'.st _. ~ ,~'~:2~7~5~3~2QOc THE WEST ~D.2.~4 ~EE'I' 0~ ~~T ~A~T 0~' TSB ~OUTI~WF~T Q'J.T C3F T NOR"S'kIEA,ST QUARTER OF SEC'I'IOA1' 2~, TUt~VNSX~I' ~ 71~TQ~.Ti~, Iz~~E 1 E~~T, W.M. LYING Sp~E37'HEASTERLY t}k' SECGT~r]ARY HI~H~i!'~.~ Itil~. 5-~; E~CEPTINC3 THERE~`ItOM THE SO~JTH ~ 6,5 FEET'. ~°~~STt3N CO~JN'`~~' '~'ASH~NGTO~' +~~33982 ~~~~ 5 ~f ~ Tefr2~~2~i0 01.is Pro a~~d K 6rL GA 6a LLR ~a~'~nnton 02l191201Q 16.14 3569509795 CUSHMAN tAld t7FFICE ~urston Caunt~ NI~p ~1.~tp~~t ~~~ PACE ~.6l19 Page ~ off' Ii ~~'~IU~°StOri L,,.QLi~I~ ~. -~.. ~:. . ....... ..~ - ..-' ~::. ,. - , ~., ARe~rgrpkROr#E_:~ -ti,'~'`~ ~, .. _._ , _ .~ ~ ~~. . _., .... _, ., . r . _ ~ i ',r ~ ~ ~b .1. ''~_ 46~YR ~ 3ip_ ./,.i''~ r~q ~~ ' . ' ,,,: _ . , .., r~, .. _,„ :~ 'f .,. , -, _.,., ,I''~ 1 a ~ ~ ~'', ,,I - J .... . f ~. a I ... ~~: .~, ~. .. t.~ ~. i _ i____ f ~. .....__ .. _.... ~ `.. - . .. ., ~ ~ ~ _ ... .... _._.. ~LMWF. Pon &f»` .... ,_. .r- f. _` - ffi .w-. . . .-w.~~ ~.,....... _. ....... ~. _.. ~ .. i ~ ...... .,, _.~ 1{( ' :.rte:-:--.W~_I'..._rroxllt~+.~tne ., . Fr ~ " . ~, , r -~.. .,... .~. .. .. ».........~ ~ ~~, --~, i. r I J - ., ».. A . ~ ~.r ...... . O. ~._.._ __...._........ .~ ~. , ~ .... ' ... ...... J ................'.~ ' ,~ ([ _. , I ~__ _.,...,..~. .~ f~ _ i,.•. •._. LT>~ - III ^IIN~VGaFI Discfaimcr:'E'hurytnn Go,mry inaRas cwery effort to cn*3ure that this map i~ a [rue and accewtte reprtissentutiorr of she wrrrk of Cpuntp gpvertttnent, Howcvpr, thcllCpunty an¢ all 1J~G~N1~~ rrlated pcranncl rttakc nr} wan:ttlly, expreSSdd cr img]'scd, regat'ding the a~CUraCy. completenega Or t4nvCniCTYGC ofaay ieformatian disclosed on Ibis map. Nor doc.9 tlta County ,/~ f ~~~~~ ~~~~ accep[ liability for any darnagc nr "stliury cartsed by d~c use of thiv map. ; Ta the fullest exienl peFrrtissihEe lsursuant to applicable law, Tl~ursttm Cbur%ty diaciaima all ~~ Ritt~}3 WanYtrttiea, CRprC99 nC 9mpflcd, IriC1LIGtri~, lsVt 110t 14m1tCSt [O, implied WarratltlC,4 QF merChattE ~~' VITd~T ~t~$. ability, data ~tnc¢c fpr a par[icrlat ih:rpasC. n.~d non-infringcrr:entg Of pmp~ietaty tiglxs. . ~ ~ EJndar nn circUrnSl~lftCC3. incfudirlg, but eat 11mi[ed tn, negligen[x. sh~El.'E'h~rsttm Courny he ~ ti: ~ Tilble Fpr arty direct, indirect, incidcntsl, special eK COfiSCAtiCntiBl damages that result frpm rti~,,,1 Cotli~uis rite use oF. or die inahilfty to u5c, TI4ur3tgn yoat4ty rl3ateribls. i f r~,r'. ~T~di3tii ..:~~~. G~t~S T$su~!dt _ '' (d 2(110 • TI-vr5tcm Cpvrttj CrcoData CCntCr ! ~~ £iCt+$R ~ 24{f4 E3er~toge Cpvrl, S4Y, Std rtaor 1 ~ W~~ ~~~yg C~tt~ OlymFifl, Y1rA?B.riCl2-6(),~1 i, ., ~ Gib E~C~- . ~ ~~~. ~ } ~C~~ C~ C> i htt~:llgeom ap ~ .geaclata.ax~lservletlcorn.es~rx.es~z>1nap.Esrimap 75 erviceNazne=c~dastrala~~c~lient~er, siar>.~... 2/19/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, February 03, 2010 11:06 AM To: Janine Schnepf Subject: Resolution Number Can I get one for the Palisades Plat Amendment? Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Glacier Karen Bennett From: Janine Schnepf Sent: Tuesday, January 05, 2010 11:55 AM To: Shelly Badger Subject: RE: Review Agendas Upcoming Thank you, I will be available at 3pm today. From: Shelly Badger Sent: Tuesday, January 05, 2010 11:46 AM To: Janine Schnepf; Ron Harding Cc: Grant Beck Subject: RE: Review Agendas Upcoming Importance: High Page 1 of 2 Janine, agendas look good (very nice of Myrna to bring cake!) with one caveat. After Grant's conference call with AWC & Brent today related to the Palisades issue, we may go into Exec Session vs. a public update as currently shown on the draft agenda. Stand by, I will be meeting with Grant at about 3 and we will confirm the agenda at that time. Ron and Janine, if you are available this afternoon, it might be good for you to come to my office hear the update first-hand from Grant, so we will all be on the same page. Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, January 05, 2010 11:24 AM To: Shelly Badger; Ron Harding Subject: Review Agendas Upcoming Agendas for your review; January 12, 2010 -- Regular Meeting 01-12-10 (please note message following Oath -Myrna Harding offered to bring cake for after meeting) January 20, 2010 -- Retreat 01-20-10 (notice to be published 01-08-10) 3/10/2010 Glacier Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us Page 2 of 2 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Friday, February 12, 2010 2:31 PM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Susan Davis; Stephanie Ray; Todd Stancil; Tim Peterson; Maryam Olson Subject: 2-23 & 2-24 Council Meeting/SS Janine, here is what I have coming for the 2-23 and 2-24 meetings: Tuesday, 2-23 Council Meeting: Presentations: Intercity Transit -Mike Harbour (20 minutes) Longmire Park restroom/concession building project -Stephanie (15 minutes) -Staff report pending . Palisades West Plat amendment -Grantor legal counsel (30 minutes) -Staff report pending; Briefs to Council due on 2-16 Wednesday, 2-24 Council Meeting: . Tom Carlson presentation on the service he provides related to sales tax audits (20 minutes) - Companyname and title of presentation pending . Sue Davis - 2009 - 2010 budget update (40 minutes) -Sue, any handouts for the packet or will you distribute them at the SS? . Water update -Shelly and Steph (90 minutes) - No handouts, we will have a PPT Anyone have anything else coming? With the holiday on Monday, I plan to get the staff reports to Janine Tuesday morning before noon. Thank you! Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Wednesday, February 03, 2010 11:12 AM To: Grant Beck Subject: RE: Resolution Number The winning number today is 50 8 for the 9 10 meeting. How do you like that one? 508 From: Grant Beck Sent: Wednesday, February 03, 2010 11:06 AM To: Janine Schnepf Subject: Resolution Number Can I get one for the Palisades Plat Amendment? Grant Beck, Director of Community Development City of Yelm 1105 Yelm Avenue West I Yelm, WA 98597 I www.ci.yelm.wa.us (360) 458-8408 I (360) 458-3144 FAX I grantb@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Tuesday, February 02, 2010 11:53 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck Subject: 2-9-10 CC agenda -Approved -Palisades West/Exec Session Janine, please add an Executive Session to the agenda, prior to Old Business, to discuss pending litigation (30 minutes, Carol Morris will be here as legal counsel). Then under Old Business, add to the agenda: *Palisades West Subdivision Final Plat Amendment, Grant as presenter, 15 minutes. There will be a Resolution, but it will not be available until Thursday. This is a recommended action on the original subdivision final plat amendment request, which was the subject of a Public Hearing on Oct 13, 2009. Grant will provide an update on this issue and the recommended action to Mayor Ron, me and Janine on Thursday morning, 2-4, at the beginning of my meeting with Ron, beginning at 9:30 AM. Thank you, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Thursday, December 10, 2009 10:44 AM To: Janine Schnepf Subject: RE: Yelm Claim for Damages Thank you Janine for the excellent coordination! Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Wednesday, December 09, 2009 12:34 PM To: Shelly Badger; Ron Harding Cc: Tim Peterson; Grant Beck Subject: FW: Yelm Claim for Damages Claim Update; The City of Yelm received a Claim for Damages on 12-07-09 from the Smiths regarding the Palisades West Plat Amendment. A copy was sent this morning to AWC RMSA and to Brent Dille for their review and advice on how to proceed. I have a copy on file, if you would like to review. Tim Peterson, Grant Beck, Mayor Harding and Brent Dille (among others outside the City) have been named as witnesses. I will be the point of contact with AWC RMSA for updates on the progress of the claim at this point, but both Brent and representatives from AWC RMSA may be contacting you directly for first hand information. The claim only, may be subject to public disclosure .Any subsequent correspondence is likely protected. Please direct any future inquires from the public to myself or Lori, our Public Records Officer. That is all for now. Subject to change based on claim activity. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, December 09, 2009 12:02 PM To: Janine Schnepf Subject: RE: Yelm Claim for Damages 3/10/2010 Page 2 of 2 Thanks Janine! From: Janine Schnepf [mailto:janine@ci.yelm.wa.us] Sent: Wednesday, December 09, 2009 11:28 AM To: Brent Dille Subject: FW: Yelm Claim for Damages Forwarding the Claim for Damages we received from the Smith family regarding the Plat amendment. From: Janine Schnepf Sent: Wednesday, December 09, 2009 11:20 AM To: 'Janice Howard' Subject: Yelm Claim for Damages Good morning Janice. I received this Claim For Damages on my desk 12-08-09. I am also forwarding a copy to our City Attorney, Brent Dille. I am sure you will need more background information and may require a meeting with several parties after your initial review. Please advise on the best, next step to take. Thank you for your review. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 ~2/~.9/2@1 ~ ~ :: 'i ~? ~5~95F~S795 CUSHMAN LAW QF-FTCE. PAGE X1116 924 ChPITnL WAY 50U'i'1-3 ULYI~IPih, OVh5EiINGT'ON 98569 (3GE1} 534-71~i RhCSiMii.F (360} 9sl,..979 B~,'ti'AI~itN. F%.:._tiST~'?htN r ',13t;i~.e,-y.iti'I•''F.`.~.,C,-"n'1.:~~ ~J.:S!_'h3..5Ali:t K-1 :...,.~~, P.41.14 f - ~_,nhl:!'ITTS:4N:"4:!~i „~.:~•':.,134 hl fS,KI ~'ACSIM~L,E - F4R IMMEDL4TE DELI~~'~~;.~~ 3],A,TI;: Febrraary 19, 2b 1 ~ TiN1E: x:20 pm Nb. ~F PAGES: ~ (Including this sheet) TC?: ~'elz~~ City Council, clo canine FAQ ~~~f: =X58-~3~R FRC'r„ Ben Cusla~a CLIENT NQ. 2i45.fl01 C:~.SE: ~~T~itlr Application for Final Plafi Amendment Xl`' I?'O~r?IJLi~s ~1TH THIS TRANSMISSIQN, PLEASE C4N`i,AC:T::~~r~ez~ ~v~zl~va~°d J~~C w~~El~i'I`(S~ I~EING TRANSMITTED: Letter from Ben Cushr~i~ri C~R€~I?~Ai/ WILL.~k'OLI.~OW WILI, N~?T _. _ F~L1.,~~~J CG1~:~~~7TS: TtiC~TE: ? ~~u irt~firrFtcttin>? contQined r'rr this fax is t~rterrded vnly~or the ad~r°e,ssce t~3 ~~r~~e,j~~e's ar~`h~rr~.ec~ aher~i. ~'he message may cantaan infbrmu#ion that is prividege~-1, c~~n,~eF~ii~, oA. r~ther~~vi,re exe,~a~t ~'orrr disclosrrt°e. f~'the reader of this rnes~sage is raat the fnte~acled reca~y~ettr~ or _ rec Ar;isrzt 's ~Pdi~OrdZGtd~ a~•ENf, then you are 110t1~ed that aray dis4ser~itratiptz, 't.~i ~t3"~~'f,€EiQ;"e ~r c~~syin~° ~~f'tlizs ~$res,sage as,~rohil~ixed. If you have received this mp,ssa~e ig~ err.~r, ~lea,,~» ~~tzfy the se~cter ~y aeiephane arrcl retua•rr the original acrd any copie,c of the n~e,ssage ~y r~ra7~ ~~ tyre ~sert~er at tl~e crdclress stated above. Th~ar7~ you. ~~~~~#°#~~1°#7t~k:k.k:l:~c#~k~R#~k~k~k~k~k~R~k#~k~k~h~k~klk~h~%~k~k~K~K~k~k~tl~N~P~H~k~h~KkIR:~+~kX~3le>K:Pe~i:~s~Y~sk~k~sc~,t~er~:~rz I~11 ~. 9r' X010 15:14 3509569795 CUGHMAN LAW C7F h 1CE PAGE ~12I L0 ~'~.r' F~~jj~~ ls:~:'~1 `ti ~~~~~~~~~ k .~. t~T'~'~~~,A;~.'S li`C r~:~.~k` ~cs;C~zs~~ma~~ ~~~~ ,}~tnan~avv.Gatn YID Te.Ie~~~r~; 4.~SLL43~8 ~tt~a: .~arzin~ `~elrr,~ Cit;~ C~oL~ncil Ci~~ c~~ ~~1~g I0 ~'clzn ~.~r~enue hest ~jeln~, ~~~~. ~8~3~ ~za cnr~TOr, wnx sc~t~'t~-~ c~r.rn~rFn, wnsr~Nr;~o?~ ~ssf:~i (3GD) $3~9~i33 I~AC:StMIJak: (360) 9~G-9Th5 ;~ ~ R~. r.~rs+#}tTvIl~(n{~~f S~•~?PI~~ti~1).r ~.~. s~~n =nr..sa :~ nnira^ 1 r>r onr-.coN ... '} ri ~'.(i ; s-"~:>>,.J fi;. ;`~iC/4 ='TC%:Cic3; '.IOAi•FO k ai)YCIF] i; ggc7f.7NA 11!,1 ~^ :F~b?"^I'Sif; ?i? t,I.A ~?.A., [iF~,t pS. GU.f+M at 'f.ENUF.50TA February 1 ~, za 1 a Imo: fisr~rzitla ~esiclence at Lot XS o£Palisades ~l4Test IJeaz- Czty Council: e received ~ttor~riey Canal Morris's briefa~ter class o~busi:r~ess asp Feb~a~ I~; pi0. As stated. in r:~y priax letter to you. of February l6, 20I0, we wisl~.ed to I3e aI~?e L~ x~;spo~ad to al.Iegatioz~s that we could not have an#icigated in advance. . I : For tl~e buff of Nfs. h~orris's submittal, there xeal.ly is not too much ~~ore =,~:e can ad.d since n.ca; Iy all Gx !It ~lS IY~'elev3llt. role have previa~.lsly rxade e poini that the Sn~ith3' ap~-li.catian for a minor amendment tQ the ~Io ~r~al plat aor~ditiax;:s added Irv ~e Cary Council is not at all the same as the entire elis~:inai.io.~ of a preli:inary plat cor~.dition, 'phe smiths are not now and .have never said the Flat slxauid g~.ot have to con~pl~ with. tl~,e prerequisites aItagether. T'he prohi.I7ition again,.,t the i~sua~c.e of ~f I zcsidential building permits, except ~'ax a ,rnc~~el harne, ;~ adArance o~the Water boaster pump station and sewer. seal wexe condition, imtrosad €~v the City Ca~~ncil when you gave Falisades West its final a~~prc~val, .~.II ~t'IV~s. I'+~oz~ris's briefing on res ~udicata and exhaustion csl' administrati~•e rer~~ed.i~°s, eta., do;~s z~ot ap~Iy io whnt the Smiths Dave requested. Tl~e ~rniths axe requestiz7~ that only I'.:at 15 be allowed residential occupancy until such tune a.s the retrai=:~ing two plat conditions are campletcfl, atzd with the assumption that en~ineerizzg safeguards ~~vi l l be in place. They are not requesting drat t~,c pint ~-oriditiax~s t.Itamsel~cs he eliminated. 02!19/2010 i6: i4 3EG~9569795 ~^ cbraa~.~ ~ f, ?~? l 0 Pa~;e ~ CUSHMRN LAW OFFICE" PACE 03110 ~~s we are ~Il well aware, the pwrpose of the S~riitl~s' final plat. zr~i~~ox amen~lmerrt reque3t is to eria$ic a reasonable and workable soIutiun~ to a. ~rc~:~Iez~ ths,y ~;id not cause, since it was the City Council rho granted fizzal plan. ~p~~z`~-~~al ~,~i.thc_Pti:•~: a.Il of thy: preliminary pXat conditions being 1=ulfiied, and it ~~-as t~.e ~it~.~ vv}jcs ~.ppa~~ently did t~c~t require a bond from the developer to assure; tF~c coxnplet:ion ~~~'tI-zosc same pxeli.~a~~nat•~~ plat conditions. Z. >~~~s. ~±"c~rris irnplics there is sametl7.ing amiss can.cernir~g the bC~iI~IY~A~ ~,e~~.it apg,Iieaci~,n submittal and th.e dates of the Smiths' awnersl~ip c~i l~~t I M,, ~Ls s'm sure evez,~~nc is aware, it quite ccrmrnon far a hoxr~cown~•' Cf7t1~~~~.3r -a sL~n the building ~Ser~~.it application as agent 1~'ax the homeowner. I:n t?a:is si9:uatior~, I)ar~ I,e~e; as agezYt, signed the application and clearly indicated ~c property o~,Tr~cxs were fh~; Smiths -not Triance, so there should have been :~o ~;oZftzsio. Lhat. the arplicatic~r~ v~~as [aofi for a model. home. As for the timing, at e tiy~e ~f ti:zu buiYdir~g permit application in September 2008, the Sznitkz.s wez~e p~xrchasexsWunder~ car~tract, since filiey would rzat have finalized the purchase;.. r~csr wc~irtd e dank hatre granted 1.he loan, until the building pexxo.it had beer sec=_ared, Their cntxre corzstructiorz package was premised upon a building perrrzit axed sE~l:trsequct;t occupancy. They would riot have chosen to purchase the cot~structiczra pac.3~age in Palisades ~~cst had they not been issued a building perrrri~:, War ~c~-ulcl theta h.~.~re ~~one sc~ if they had ttrltlerstood the iunplicatians a:f the final plat ;~cod.ityckts. Instead, they would. have simply chosen a diffexcnt lot soniewhrr~ ~ylsc iza ~ clrn on ~rhich to build their dream. hazne. 3. Wis. I~:orris also implies there is raw some defect in the Sx~.tths" appiieatioAz because slr.e bctieves Palisades ~~lest has been foreclose~t, so ~vP need ;~~ g~:t slgnatz~xes fxom the new owzters. Although a foreclosure rraay be ixami.nent, records checked, as oftoday, do not show that to have ha~spezred. ,DTs. c~,n~is may cunf~.sed uTith the adjacent if} acres which indeed has been foreclosed, i<'hat property isJvvas intended to become a subsequent phase of Palisades Vest, °Ad atths~ugh 1 da not know at what: stage of develapmemt it is in.q if ary, it ltas x~ot been l`~a.I plattecl. For your reference attached is a copy vftbe Trnst:+~e's iced ~~herein ~reu ~~~il.l note thai its cornmvtl Warne is proposed Palisades VcTest (the ppxtian of ~atisadcs 'west containing tl~e Smiths' Lot 15 .has acbieved finb.l plat st3.tus, tltt~s is , no Iar:ger. "pxopdsed"}. Also, in the legal descxiption to tltax d€zcr~n~ent, %t =dentifies the Auditor's Marcel Num.bcr as 2172513020Q, anal 1've af~ached a n"Eap prit~~C~-ant shoring its location. further .note that the 2006 ~caxing Exarztin~r decision describes the project as "phase azre afa two ,phased develaprtaent to sr~'~dit~ide . appxt~~irnateIy 1 ~ acres irAto 24 single-family resitlerrtisl Iots", tl-zus clo~~Iy adcntifyina Lhe intent to subsequently plat arr. adjacent properly, 02f 19f 2010 16:14 3509569795 CUSHMAN ~.~~~ IJFFICE PAGE ' 04110 Reim City ~c~=~raUzi Febru.az~ 19, ~~ ~ 0 Page 3 That lsvint asides wbc~z ox if the fnal piat paztion of Palisa~lcs fcst daey ~ar~sfcr owx~exshxp. the Smiths ~xled their application andrt wa,s signed. by all c~~vn~s at tk~e 'time i~t b:carne a complete application. Typically, sitcl~ a}~plica:~4ans ~~ with tlxe iand. and ghat would be disciosed to fihe new owners. Tn any event ~~rc ~~au~.d ~nticig~at~ pia[ any new owners -when ox i~`praperty c~~.vn~rshi~r trai~s~~Ys -would similarly, ~~uant to have the Smiths' house occupied, r~s it ~~ outd ~.~~crease fihe value a~'their adjacent holdings. llgain, l zeiterate tic obvious: There is r~o benefit tt~ the Cit}r to ~sl~ i~~to a denial. afthe Smiths' applica.~.an to amend the final plat cax~ditions. Your .Tan.t~axy ~~, 2~t0 detez°znination to "iz~de~nitely table" the matter pending the litz~atio~~ is accel;table. While ire dq na# know what the end result o#`that litigation wr`ll: be, ;~.aw that theCity has been naax~ed. ~ ~.xe Smiths' lawsuit, your first order a~'businc~s sl7.ou.ld n.at iie tc~.~:a,4~c a reasor~al;lc aid. wa~rkab].e solution out of the zu~u~.ing. S incerel l Ben Cushrna~ cc: ~'arollt~c-rx~is clients 82I19/201® 16:1 3609569795 _._._.~ _~....,......,~..s-... - ~~~ ~f.L`4]~,9.D$ Ratuirn tO. ~~~ ~x~firs LAP A.~. Chx~fific~pk~a` Wyse X25 ~'aur~~ ~,x~enu~, 9ui#c 290a ~~~cle, YV~.981Q4-1.58 Qr~tar: ~autee; J~~at ~esoziption. CI~SHMAN LAW OFFICE- PAGE 05!19 Tlcurs~an CaimtY £t'easnt~~ 1zaa~Eat~tc xoisc~'ar~pes~ ~,,,~, ~~ ~ ~~ 1„s+ C4V~HEET TO ~'RU~T~~'~ ~~~3 ~'k~~, LAC, ~c~rower stop~~ ltd, Wya~t, Esq„ °i`t~~e~ Sappkire ~tE Properties Haldir~~,~ ~, ~,~,~ ~bbxeviat~d ~`c~r~r (1 ~ SEC'ITOI~ ~5, TC3W~1~~~ 17 N,, i~I~i~E ~ ~<, SW QU~4RT~R., ~E QUAI~TE~ ~z) ~~~.ca~~.~., ~-x~~~, mac. ~5o~~z~~~~ ~u~i legal description zs a~. ~ib~k A to doGUrt~ent ~,s~e~sar°~ Tex ~er~ei ID ?dos.: ~.I7~Sl3ei,~Q~+; . __ n . . Refer~xnc Na~..~udito~t's File No. 38'~A~132 {Dew a£Trizst) ITChk LYE LLP ~°AhdnraEan II~fII~IA~I~~~l~(~fll~~l~~if l~i~~flllfl~ll~~I~~I~'I:~ 02!19!201@ ~.6; 7,~ 3609569795 CiJ5HMAN LA~J i7FFICE PAGE 06!10 TR"CJ'S°TI~Ds'~ AE1R~? Tom; T()I~, Chrzstapher M. 't~y~t, as cutz~ctz# Trustee undez that Deed cif Tryst, rrss her~.naftez parazculaxly descnbed, in cansideratinn a#'t~ae premise arsd pay~~ xscid belnr~v, Z~;l3Y GRAIVT~ AiVD twO~NVEYB, witl~otrt warr~uzty, to the Gray#ee, np~h~c R~ Propeartie~s l~oldin~s 3, LAC, wlaase address is ~?4~ ~`~ r~.venu~ Nl~, Seat`Ic, ~rA, 9~ ~ ~ 5, #Itat real property, situates in the Catty cf'I~xwrston: Sts#e of ~Vrashin~,ox~, described as fallov~s: ,t~S Il~ SAID DE)D 4F TRUST AND DESGRT.1~laD.ON ~X~IIBIT :A cor.anly lawn as pxaposed "Palisades West,41 'helm, ~aslaia€a~ton, 9816. ..-.- ~'~'l<'AJG~S: .. ~, 'This conveyance is made pursuant to the pa'1~, %noludang the Isar of sale, cpnxe~ed uparz said Trustee by that certain, Decd oi'Tnts# dated C?ctvt~ z 9, 2Q459 recorded ~cTober 1 ~, ZQ06, tttrder Auditor's l~i4e No, ~ 874I32, rec~srds of Tk~urs~a~ County, Sty of ~ask~irigtan from l~'~I, I..I.,C as 4rantar to Titan. Trustee Ser~.ves, ~c;, as Tr~.~tce, ttc, seewre an aliligation iri favor of V~ Ca~itxtl, lac., the Bcrrefxciary. ~~d Deed of Trust ~vvas sssi~ed ~ ~ap~ltire RE Prc~e~,es klolditigs 3, LLC oz~ ,Ia,a i Z, ~~~a w~,der.~udito~r's ~~~~ ~Ta, ~131a~~, ~. Sai.d Deed o€ Trust vvas executed to secure, ta~ether with gt'~ex ~za~dez"~tAn~s, ~c payment of a Promissory mote ir- the origi~l sum oI' $7, 775gUQ0.00 vui.~tl~. interest thcrecm, ~cavrci~x~ to ~.xc #erms tkXezenf, in favor of ' Capin, Irrc. and to seeu~ a~, athe~ sus a£ mane3+ 't~l3icla might become due and payable under t13~e terms of said Deed cf Test. ~. 'Thy described Deed of T`nast contains a statezttezat fat ~e real prcper~y vo~,vcy~ t~ercir~ as oat used pr~cxpally #'~ agricultural purpo~scs. ~. Default ha~+ir~g accurted.n the o63aons secured 4lzdldr covenaots Qf ~e Grantor uu.der said Deed a£Trr~st, as set Earth the ~l0iacc afTnts#e~`s Sale dcsc~bed below, wbricb by terms of !~ Deed of xantst m c~oratlve the paver to sell, tl`ae day advance Nance of Default was transttti~d to said ~vx, occupants, a~:td 1~zta~ts, axed ~ copy of said Notide way gosked Qr served ixx accordance wig i~w, . '~'F Capital, Inc., b$ing then the Twlder of ~e irxdebfedttvss se~uz*ctl by said Deed of T~sL, delivored t4 saad Trustee a'~vxittea a~e~uest directing sand Trustee az~ lais au.~trsrized agc:~t to sell tlrc dcsc~iberi Inraperty in a,ecyordarzce with law ea~d t~xe is or" said Deed o~'Trust. 41362 P~~~ ~ mot' ~ ~sfssr~a~m ~~,s~ pq q~~d ~~r.xLtp Gar ~ty ~[~shyr+9ko» 02!191201@ .15:14 3609569795 CUSHMAN LAW C1FF';~E PACE 07!10 6. 'S'!xe de~x~lts specified is the Notice of Default not Ixavxng bean x'cd, the T`rrxstee, :n ca~npls,ar~ce: v~ritle #kze terms o€ said Deed of Trust, e~secated and on Octoh~r 1 ~3 2Q49, ~c~rled. ~ #.ize of~ca of the Attditc~r of'Th~rston Caw~ty, ~ashingtoz~, ~~x Az~dirTs file IvJ~, 411582, an AmCndedN¢tice of Trustee's Sale ofsaid p~I?e• '~. The Tr~st~e, in its a~axasaid An~nded Natiec of Tnzste~'s Sale, a~€ed ~c dre#a cf tltc saie a.s 3arxu~,'y 8, 2010, anti plane o£ she ~t the ~'oiIawing toes.#ion: °~~.urstc~ ~a~.ratt Coix~~iassse, 20{x! Lakc~rid$e Dri~-e SV~', Olympia, OVA, State o~ ~as~iin~v~, a public piaae, a# Z 0:(l0 ~..~., atiid xra acev~rdaace with !aw caused. copies at° thv sf~utax~r S~~ofiae of ~~"k29'~EfB ~`8I~ tU be tranSllriitt£d ~~ ~ki83~ t4 all persons entitled theta aril ~?"C~.~T pvst~ ~~ seed prior to 90 days before the sale, ~, fhe Trustee caused a eopY of s~ztl Notice of Trustee's Sale ~ta be published Once betwec~ the thirty ~fih azxd ~~~ax#y-ex~E~.~ d~.y before the date of sa.€e, and once heturee~ot the fowrteentlt acd seventh ciEay before the sale; arad ~.irtber, included with t~uis Naticc, which was tra~szx~itted to or seed up~r t~ Crrantcr or lr=:s suaces~or in interest, a Notice of Foreclosure in substa~~ally the sfiata?y ~'Q:~. 8. Uetri~.g tha ~vzeclos~xre, ro action was pending un a~n abligafian secz~d b~° said ~3ee~d of Tit. ~. AI! lags] zee~v~i~ments anti ell provisions of saki Decd of 3~ust have lea complied. with, as to sets to be pezfarmed aril notices to be gi.~n, gs ~ cs'vided in?~.evised ~c3ti• af~'ashingtozt, Cl~a~er ~1.2~. ~fl. The de~'aa.lts specified in the Notice a€"l~ne's Sale ~ao# ltavi~ been cd ua Aess -dean eleven days prior to the Trustee's Sale attd said otrligation secured by said Deed. e~f T~s~t xemaiging unpaid, an J~zuary 8, 20],0, the date o~'sale, w.hi~ch was not less t~eaee ? 9U days ixvm the date aI:'dai~ult in the oblig&taQZ~ wed, the Tzt~~tee then d $l~er~ sale at pulriic $on ~ Saplrliixe ~ l~roperEies Haldsregs ~, LLC, ~e Itighest bid€iex thsrefaze4 the prcpczt3' ltez~eiztabovs des~lbed, ;far the sum of ~3,~p0,00C1~00, by ~r ~satisf~ctian a.~ if~ll of the obl~gatiou tl~ett secured icy said Deed ~f Test, ~gex witkz ~1 ~eG, casts axed expenses as larovidcd lay statute. ~~. wards ar~d e~cpressions used here sl~,all be appIi,cabie ~scardartg to tl~o cvnte~t herev~', and wxtlaaut regard to the nunibar ar gender of such words or exgre-ssiva~s. 4i338~2 P~~~ ~ a~ p.1T~8t209~ ~i:i~ PM{ Reid K ~ :een~ ~t r We~ts~r~~rtrn, 62f191201~ 16:14 3609569795 CUSHMfAN LA4~ OFFICE PAGE Q8116 .QATEI3: January ~7, 2{}~fM '~.USTEE Christopher M. ~W~Sni, ~s~. STATE O~ ~7t7A~~~TCrTON ) as Ct~UN~"~" ~rF vG a t cc~.~}~y #hat I know or ~Savc satisfactory e~idenee th~a# Ciari~s#apher :'ut, ~y~.t €s ~e g~rs~r- mho appesred 3ae~orc me, and said pers~r~ aaknvwlcdged #itat shs signed ~#ris instrutre~.~ ~d acKr~owlcc€~,d it to be her flee and valurttary ac4 far the uses a[~d putpos€~ menC~.~,ned ~~ the instrutn~nt. UA.~'~D: ,farlu3ry 27, 201p. ,~ ti» f~ ~ 4 ~~.~ A ,~~'~~,~ ~ntary F~.ie ~ '~ ~,Cy appoiu~tment e~ires ,.._. ~~ ~~~ ''~,~ ~~$L{G ~ 'tom ~~^'~~.~~r.~ 4~33$B~ Pa~~ 4 ~~ 5 rlwrit~~ ~t f 3~q lltlriglonpe~d xa~~~gs ~p i ~@~ i ~t~ 02!19!2010 15:14 3669569795 CUSHMAf~ LAW OFFICE PRE 09!19 .,.~~~' A. - LEC~AI. DCR~P"~Ohf Legs[ description a~`pza~axty dcscribEd in r?ee~ a:~ ~'.st _. ~ ,~'~:2~7~5~3~2QOc THE WEST ~D.2.~4 ~EE'I' 0~ ~~T ~A~T 0~' TSB ~OUTI~WF~T Q'J.T C3F T NOR"S'kIEA,ST QUARTER OF SEC'I'IOA1' 2~, TUt~VNSX~I' ~ 71~TQ~.Ti~, Iz~~E 1 E~~T, W.M. LYING Sp~E37'HEASTERLY t}k' SECGT~r]ARY HI~H~i!'~.~ Itil~. 5-~; E~CEPTINC3 THERE~`ItOM THE SO~JTH ~ 6,5 FEET'. ~°~~STt3N CO~JN'`~~' '~'ASH~NGTO~' +~~33982 ~~~~ 5 ~f ~ Tefr2~~2~i0 01.is Pro a~~d K 6rL GA 6a LLR ~a~'~nnton 02l191201Q 16.14 3569509795 CUSHMAN tAld t7FFICE ~urston Caunt~ NI~p ~t~tp1_~t ~~~ PACE ~.6l19 Page ~ off' Ii ~ ~~'hu~°ston ~QUx~~~ Mai i r _r' ?' -~..:. ~:. - ' .:.~ ..-' ,. - , ~., ~. ~ ~~_~;ti~, t r. .. ~ ~~. ./,.i''' ~~ ' . .. 4 - ... :. ~ .,. J ~... . f ., ., .._. .- .. t.~ ... i ,. ,~... _ ____ f~ ~. .....__ .. _.... ., ..:. / . tll `, 1 ........ ~~ ~ 1°~, __s.... i{°~.. _. f ._ . ,.. .. ,' Fem. ._. .._ ~.. _. ».. A ~ ~.r . ...... .; ~~._.._ __...._... . O. ..... ..-_._.. ...-.. _._ ,,.,,_, , .... ... .. J . . . .... ~ J ' . ~ 4, ~.. ... .. .... ___ .~ l ' ..Ill.. __._-~.. .... .~. ~.I ~I f ~~p _ i,.•. •._. LT>~ - III ^IIN~tiGaFl Discfaimcr:'E'hurytnn Go,mty inaRas c:vCry effort to cn*lure that this map i~ a [rue and act:nw[te reprtissentutiorr of she wrrrk of County gpvertttnent, Howcvt:r, thcllCpunty an¢ all rrlated pcranncl rtrakc nr} wan:trlly, expreSSdd cr img]'scd, regat'ding the a~CUraCy. completenega Or convenience of aay information disclosed on this map. Nor doc.9 tlta County aCOept liability for any darnagc nr'snalury cattsed by t1~c use of thiv map. ll Ta the fullest exienl permissible Lsursuant to applicable law,'allursttm County diaciaima s11 WarTLlltiCa, C7[prC99 nr 9rrrpLlCd, IriC1LIGtri~, lsVt 110t 14m1tCSt [C, implied WarratltlC,4 QF mtrChanE ability, data ~tnc¢c fpr a particrlat ih:rpasC. n.~d non-infringcrr:entg Of ~mp~ietaty tiglxs. EJndar nn circUrnsl~lflCC3. incfudirlg, but not Limited tn, negligen[~. sh~El.'E'lt~rsttm Coutrty he Tilble Fpr arty direct, indirect, incidcntsl, special 6K COfiSCAtlCntiBl damages that result from rite use oF. or die inahilfty to u5c, Tllur3tgn yoat4ty rl3ateribls. T$su~!dt _ '' (d 2(110 • TI-vr5tcm C4vtttj CrcoData CCntCr ~~+~ ~ 24{14 E3eritoge CPV!`1~ 55+1}, Std rlaor C~tt~ tJlymFi~r, Y1tA?B.riCl2-6(),~1 ~~r~~~' ~./ ~~ ~~+ ~~T~tteT ~t~s. aS ~ ~~ ~ r~,r_ ~T~di3tii ~;~~. G~15PS I ~ Gib f~C~- ~ ~ ~~~. ~ } ~C~~- C~ C> i htt~:llgeom ap ~ .geaclata.ax~lservletlcorn.es~rx.es~zinr~ap.Esrimap 75 erviceNazne=c~dastrala~~c~lient~er, siar>.~... 2/19/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, January 04, 2010 2:47 PM To: Grant Beck Cc: Janine Schnepf Subject: 1-12 CC meeting Hi Grant and Happy New Year! I spoke with Ron regarding the 1-12 CC agenda and he said that we tabled the Palisades issue to this date for an update to Council. Can we get together tomorrow morning for you to give mean update on where we are, so we can determine what needs to go to Council. Janine and I will be reviewing and confirming the agenda tomorrow, so we have to decide what to place on it in the morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 1. ^i ,~ G 8 9 1.0 11 12 1;~ ]4 1 ] Fi 1.7 ~x 19 20 1 ~~ 2s 7~ 75 I3IFORF; "THE C'I'TY COUhE`IL: YF;L~1, V~'ASHNCiTO1 In r~; the application of A\l:)Rl?~'~~' J. SMITH and C~'ti"1"I-lIr1 :'vi. SViI"l'II, :for a plat alterarit.~n of I'aiisades },Vest subdi~~ision. ~o. F"final flat Arnendrnent ~I'alisadcs ~ti?esf'. CI"I`Y'S I3RlI?F O:\ I,FCr:~L 1SSU~S I. Kequest for :Belief. The ("`ity stal't reyuesi:s that the Council deny the Smitl.~'s app.tii;ation for an atnertdnlent ixf the Palisades V~~est subdivision. for the grounds set. forth belov~~~. II. Facts. '~I On September 2(, 2()(?6, the llearin~ Examiner for the City of YeJm issued his decision (here.inafter the '°.Preliminary flat Approval°') granting preliminary plat approval for Forester I•Ieights .Phase 1, subject to certain conditions included in his decision. "Phis Preliminary .Plat approval required the applicant to install certain inlpro~°zments, inc.lud~ing, but not lit~nited to, a booster pump to provide both fire flow and dome-stie water pressure to the homes in the Plat. i In addition., the Prelit7~inary flat Approval .required the applicant to submit a fire hydrant plan I to the Community ~l~e~•elopnaent D~parill~ent _l't>r review and approval prior to i~tnal. plat I approval, a5 part of the civil engineering plans, and to Submit alre flow- calculations for al.~t i '~ t?~istiz~g and proposed hydrants. "I~here w°as no appeal 01:` tl~e Preliminary- Plat !approval. CIi`Y,S f3R1If~ U'v L:f?.GAI.: ISSI.?E~:S - 1 M€]RRIS & TARADAY, P.C. P.E"J. box 94R, ; 223 Sen~.~t~:n lone N.b`i, sR~~~K, ~.w~~ aeaea~~oa iel. 3~0-$aQ~v328 ~ ax 3bG-E?:~0• i 094 1 2 -, 4 6 7 x 9 to l1 12 13 14 15 1G 17 1$ 1 c~ 2 () 21 22 ?:~ ~~ i Un ,1urz~. ?13, ?(107, :Steven C'harnberlain, ~9:azZaging i\<lerraber of Tf~{1, LI.C-. o~~71er o1'thc Palisades ~'~'est property, 4vrote to the City of '~'elrn., stating that "Fi~:I:I, I.,LC lzas met a1_t other conditions of final. plat and ~~.-i11 design aixl bond for the booster station. ti~'e will not appl}-~ for ( an} oectrpancy permits to an.y° homes in the subdivision urriil the booster station has been ~ approved and accepted by the (`it}~." ~~Ir. Chrn-rzberlain later agreed. to bond for the success~lizl ~~ completion of the booster station in the an:rount of ~1 fi0,0(l0, which bond ~ti~ould be held I'y the City until the work vas corral>leted and then accepted b~' the City. How-evert on June 29. 2t1i17, ~ ~-1r. Chanlberla7n provided. a "~Warrant° ~grze~nc;n.t" to tll~ City instead of a bon~:i. ~~•hich still required that Fl-~1, LLC construct the inzhroveErrents re~~zzired by the Prelinzinar~ Plat A}~l7roval. In November of 2007. the property owner applied lczr final plat approval. and ~.~n ~:Decernbe:r 11, ?(1{17, the 'i'elnz City Council approved the final plat, ("hereinafter referred to as `final Plat Approval) conditioned on the hon<1. I`]re final plat approval inch~ded the following f additional conditions: lvc7 building pernut shall be issued within this subdi~~isi€~n until a booster pump is installed by the developer and approved by the ('its- of `felrn urhich provides adecluate~ fire flow per the l~nternational :fireCode and Cite of Yelm standards, provide. that a building permit may be issued for a nzod~l hc~nze; if a fire protection plan is appro~~ed by the City of Y~:Ir~ Fire ;`~larslzal and. SF 'l~'hursto~n Fire'F.,~15. '~To certificate of occupancy for airy haL7itable structure sha11 be issued until a sewer roll seal is installed b~~ the developer and approved lay the City of.`~~~;-lrn. "I`herc was nir appeal o:f' the, C'ity's f~i:nal 1']at appro~~a] for the subdivision. note called j "Palisades ~'4"~st," Thy i:~nal plat approval was record~;d c~~ith the 1`hurston County ?,uditor•s ofl~rce an February 1?, 2f~(?S. crT~v~s r3KrF;f c-t;v r.ec;f~r.. tsst~s IurORR15 & TARADAY~ P.C. P.:~.. Pi+`JX ~=.~; 'G[3 S°Gwl~C^ ..Q~P ~'v,vrf. Sent;axk, `NA 4f332s~:i448 "a!. 36~-83b~^3~B ~ ;-ax 36C,~85v•1^49 1 5 E 7 R 9 10 12 Ii 14 15 l.< 1.7 18 I ~~ i 20 2l ,~ 2_> 2~ 25 ~`lccording to the Complaint f71ed by Audre~v and Cynthia Smittl against the City of Yelm and C:~rant Berk ('Thurston. County Superior Court Cause i~o. 09-?-02$79-~~j, tlz.e Smiths (entered itlto a -Real Estate Purchase and Sale ,~greet7~ent «-ith Triance I Iomes an 'March 2=k, '~i~ 200, for the cot~struct.ion of a residence at 1.0756 I'alisad~es Sheet. 'elm, ~%~'~, ~il~ the Palisades ~~`e4t subdivisioza. "I~~heir title rcpo4•t ptaced the Smiths tin notice of the Preliminary and. Final ~~ Plat Approvals and conditions. C)n Se~pte~mber '?. 2008. Dan Lee of Triance Grtntp, Inc. applied for a huild:ing permit ~~'or a residence located. at 1()?56 :Palisades Street S.E. in the plat, even though. the booster station had not been constructed. ~In t17e building pernti~t application, Mr. Lee ~i.gned ai~~ affidavit which I rec3uired him. to ce~~-tify to the following: I certify that i have read and examined the inforrnai~iatt contained wii:h_in the application and kix~~~~ the same to be true and. correct. I also certit~- that the taro~rosed structure is in cc>n firmit~~ with all ~~talicable C'it~~ of~ Yetrt~, re relations includiila thane ~o~~~ernin~ zonin« ~tnd lend subdivtsion, and in addition. a.ll covenants. ea,Sements and restrictions ofrecord. ... (Emphasis added.. ) V1'hile ~ndre~~ and. Cynthia Stnith have argt.led that they were the applicants 1:or this MORRIS 8 TARADAY, P.C. L~uilding pe-nnit, llilr. I:ee af"`Triar>ce Group LL.C'. is sltc>~~~t~ a5 the applicant i~n t1.1c, Ctiy's rec©rds, I lair. I.ee signed this certification. and the building permit free in t11e amount oI' ~I4,=I19.39 was received front Trit~ttce I-Ictm.c-s. "t"he building pe~rn~it application sha~~°s that t:he o«~ner of• the strttcture~ ~~-.i~ll be Atadrew acid Cynthia Smith., but the contractor's agznt si~~e~t the applic~atioi~ and the certification which stated: "I .hereb~~~ c~.rtifti~ that the shove inf«rrnatio~u is correct and that this amstruction on, and the occupaneti~ and t_hc use of thr~ aboti°e descrihed_ert~~ wilt be in accordance with ~ihe laws. rubs and re~ZUlations of the State. of~ ~~ ashin~,ton anti the Cite o1' Ct"~CY°S BRIEF f)N LECir`~1. ISSUES - P v. E~ex 948, i 22~ 5.;;~witch pane N.'di. 8~~%c~.~sck, 1vA. ~)835C1.0?~8 gel. 3i+}.E.,..~{}t?L:F3 ~~Gx.36C~~85u-!09v 1 .w 4 6 7 8 9 10 II i I ~; l4 IS l6 1.7 18 i 1 i) 2 () 21. ~~ 2~ ~~ ~,'~ Yeln~," O/.mphasis added.) Tr~ia.nce paid the n7itigation leas, as shown by a receipt in the C:it~~"s ~f files. (:fin Septtimbe.r 17, 200f3, the Ciiy issued the i?uilding~ perr.~~it. 'f.h.e approved biuldine (plans attached to the issued bui.ldintr permit included a copy' of the f~rtal su}idi~~isicm con~-Istic~n ~'rel~~titig to the booster pump station v~ith ~~ note ~><hich read: '"\o certificate of s>ccupancy will be issued until Booster lump is }1ro~~ided." Issuance of the building permit occurred before the contractor%builder;'property o~~~n~r j and the Smiths e~nsurtunated their deal for conseructic>a~ oil the l~o~uie and pu~r-chase of the j property. Ln their Complaint. the Smiths admit thErt the Statutory t~t'arranty Deed :for the purchase of Lot 1 ~ ~~~as not recorded until (:)ctober k. 2008. In outer Fiords. thc:~~ ~~er•c not the owners of the prapelrty at the time th_e Cite issued ~the~ br~ildin~? pez-~n~it, regardless of the fact that their names were on the applicati~~n as owners of the future structure. Ln a letter to 5ttve Chamber ain of FI~IL LLB: dated ~Decernber 2:3. 21?08. Ci~rant Beck. the ~"ity's Comr~rnu~ity lle~°olo{~m.~nt I7irec-tor, c;~~n _irn~et~i coxrversatio.n~s hc: hid with. dlr. Chanlberlai~r~ regardinb the need for a water booster pump Station to be constructed as a condition of the appro~-als for the Palisades «'est plat. He stated that no certificate o~l~ , occt~ipancy ~~auld~ be issued without the installation. 01~ the ~i~p}~ro~~ed ~-~°~iter be>oster puni,p station.. On clpril t~, 2009, the S.C:. "I'h~urston Fire c~ h~~1S wrote a letter to 17an l,ee, stating their recc~mG`nendations rebardir~g issuance of~ ~t occupancy pzrmit for the Smitlh's home. "fhe Fire & F:MS's recorrz~nendations ~~~ere contrary to the final plat conditic?t~~s and did not indicate that L required fire flo4~. could be ,provided in the plat ~~-ithout a booster pump station. l~nstead, the Fire ~; ];:115 described tho manner in ~•hich they ~~~ould fight a fare ~~~ithout requirod flows. CITE"S i3EtII~F` n1v I.:E<.iAl~. 1SS{.Ji~S - a MORRIS & TARAQAY, P. C. P.O. pox >48, %223 ser.,rrfu~ lone PS `.~~. Seabcck, `vVA '~438C-Q9.18 ~~5. 36U-B3v-n29 - Fox 3::F?-E350-7099 1. j E 7 9 10 I1 12 1, l =~ l~ l.F l7 1R ~ ~~ `' l 22 ,~ ~, 2 ?a fin April 7, ?aCt~), :I)an Lee of ~~l`rianee ~~-rot. to Grasp :1:3eck. ad.mitti.ns~ tltat he did n<.~t. perfot-~n the final plat conditions for the Palisades Vest subdivision 19t°. Lee :now prcxnised ~~ that if the CiYi~ Mould issue final occupancy for t1~e Smith's hoi~~e. "this ~kil.l be the o.nlt° home ,) built. on the hill until the booster station or other improvements are installed that enhance .tire 'I llow." (Jn A~prii 7. 700f~, Steve Chamberlain wrote a letter to fan L.~:e at T~rianee Homes, '~ asserting that he had been "optitrt.istic that (installation of a ~«~ater booster station] lvould not he ~ required and prc>cecded on that basis." 'This assertion ~~~as -made.. eti'en th~~ugh construction of a (eater booster pump station u-as a condition. of }'relirninary Plat Approval as a-eli as 1~ina1 Plat ~ Approval." He admitted that he didn't even begirt design of the booster station until the City refused to is5u< the: final occupancy perrni:t for the :Smith home. 1-1t states that. "I have kept the (ban:k. in the loop and. th~y~ agreEd to sell lot f~ri:~teen [the Smith's hotnc~ iti the interi~tn utltil the appropriate citp~ apprc~4~als tivere obtained and we k.ne~~~ what these additional irnprovetuents I were going to cost." Un .~pril 14; 2()09, (..rant 1:3eek respondc.d to 1Ir. Lees 1ett~r. describing the history behind the City's refusal to issue a final occupancy permit :for the Smith's home without ; compliance. ~~~ith the; 1'relimin~zry flat and l~ittal Plat conditions. I-Ie idei~ti~l~ied tho tee Ior a ~f~tnal subdivision plat amendment, zind stated that the C'om_nutnity Develapnlettt Depa~`trllcnt ~~~ould oppose- such atncndmerlt. ()n April l~). ?GUS). the Smiths ~~i•ote to Chant E3ecl:. as.l:in~~ Itim to reconsider llis j decision not to issue a certi~ca.te of occupancy for the Str,ith's ltorne \r1r. Beck responded to c~~r~~°s r3i~rrt~ ot~ -..F:~c1At, tsst.rs MORRIS 8~ TARADAY, R.C. _.........._.._.._--_...._._... ~,- ti _........_~ _ ...................... _...........- P.U. ~z ~+4&.: a1., ~eam~iYCh '.arte N:N,~. Seabeck, Vv'f-. ~8S$`7C'v.18 Tel. 35^-83G-0328 - ;-;~x 350-$50->C~?9 1 3 4 6 7 c~ 10 11 12 l3 1=l 1 16 l7 IS 1.9 20 21 ~ I 22 ~~ _~ 24 ~~ thls letter by exp}ainirrg t:I1at the I~•ire ~ 1r~1~ s "solution`' did Trot address the probler~r ~~ presente:cl. by thebuilder's f'ailtn•z to comply with the Preliminary and pinal ~I'l,at cond.itioa~s. C)~n Augusk ?~. 2009, the Smiths stibrnitted an application for a subcli~~ision alteration to ~~ the Cit}', asking that t.}le plat canditir~ns be ante~nded so that their tot w-as emitted from the (~ reglrirements re}ating to construction of a booster pump and urstallation of a Sewer roI seal. (fin October 1, 2009, the f~;ornrnunity Development f~epartme-~t reconxrncnded denial. of ~~ the; subdivision alteration application. :'~.t the C)ctober 1 ~, 2009 .hearing before t:he C'i.ty I~ Ctruncil. the .smith's attoi7ley blamed the contractor°s faihu•~; to install the. booster station on the City, asserting that eve:.n though the corrtractor~'prope.rty o~~ner applied fare the building hermit ~ ancipaid a}l applicable fees, the; C'it~° should hax~e known that tl~e Sr~~iths l~laraned to occupy the home be,tore the contractor!propert}~ or~~~ner complied with a}1 conditions of Preliminary and final Plat approva:}. :~ccordin.g to the, Smith`s attorney, elikninati<?.n of the requirement for constructioni.installatic}n. o:F the water booster ~?ump station ~rnd Se~~cr roll. seal fc>r the Smith's house would riot ``cornpror~sise the; public health artd safzty, without further liability to the CitS~•.. C?n (Jctober° 2l. 2009, the Community Develppment al~d Pua?lic Forks I)e~partrnents submitted a recomrncndatiou to the C:;ity Council that the plat amendment not be approved, citing Department ofHealth regulations for w.3ter service, the possibility of an enforcement action b} the DOl-l. This letter also corrected irrfor~xiation regarding the recommendations :('roar the Thurston F.i.re ~~rrd ENiS. stating that the C.ity's decision tc> "allc-Gt a de~~elopment with. inadequate fire t1ow- could impact the fire insurance rating; illroughout the C'it}', increasing fire <.:,17.Y.S }3R1~.F !7\ I.;~t:rAl. ISSUL;S - 6 MORRIS & TARADAY, P. t. -.~~i. Box 9q$, ?223 Seawiick, fare CJ.W. Set;beak, ~/A. J2380-(148 °ei. 3b0~83~.rr:i^<R pax 360-85C-'t7~9 l 2 3 =l j E? 7 8 g 10 11 12 l3 1=•1 15 16 17 ~ 18 19 20 1 22 'I 23 2~ ~; insurance premiums for ether City residents." In ac-ld.itir~n, the letter d~scribecf the ner=d for the ~~ sewer system pressure sustaining valve. Chi C)cttaber 27, 2009,. the City Council tabled the plat alteration request, partially to ~ rel-iew- the consequences associated. 4~ith a ~~erbal proposal oracle by the applicant's engineer ~~during the meeting. lvhich he believed ~~~ould provide the required eater pressure for the Srnifh's hc>rne by using a ,mall ~ate:r storage tank. in ad.ditir~n, the. Council allo~~cd the Smiths ~ anci the (:;ity c~tto.rney to discuss lvhethcr stn a~rcezncnt could be drafted to address t:he C ~tv's (liability for approving the plat amendment as requested by the Smiths. On. Jar~iuary .19. 2010, the City learned that the prc7peri~y in Palisades V~`est (~~it11 tho ~ e~ceptian ~f lot 17 owned by the Smith,), had been foreclosed upon by a bank. `1~11e.~ Snlith5 have nr:~t amended t}~eir plat alteration rezlucst to i.nc~Iude the ne~~ c~«~~n~.rs of the property. On Februay 8, 20t}{), the attorney assignrrd to represent the City ar~d Circuit Beck ixt tl~e lawsuit fled by the ~Sntiths contacted the 5rnith's atton~ey. to let hind knot~~ that she would be rccomrnet~din.g at the .nett City Council rnzeting (f=~e1?ruG~ry 9. 201 ~} that the Council allow additional briefing on the legal issues Presented by the subdivision alteration.. Specificc3lly. the; (.:ity's attorney in.form.ed ~~1r, C'ushman that the: legal issues presented by RC~~' S$.17.?15 should be acld~ressed, as well as 1~'est (::'oast r.:Srwhcrrrtish (;rau~~zt)~, l{)=l W'rr, .1pp. 7~5, lb P.3d 20 (20{){)). She discussed this ~~,ith ~~1r. C'uslacnat~ lthe Smiths" attt~i•ney). s~ho did :not ask. for staggered briefing car that additional time he. allo~~ed for subrnissic~n c:~f his brief. On February 9, 2009, the C;ity C.:ouneil tabled its action can the Smith. plat a]terati.ozt until February 23. 201.0. "1;he E'ity Carancil also allov~~ed thz submission of legal briefing by the parties on or before h•ebruar4~ 16. 2010. '~`Ir. Smith attended this meeting. anti specifically CI"I'Y'S BRIEF O'~ LLG,<1L ISSLjES - 7 MQRRiS & 'FARADAY, P.G. P.J. 8cx X48, i<<,S Sec~.:;ics3 t~nnv t•L`~.~, Seabeck, `~'A 9838G-0948 i e>. 360630-u~72 Fix 36G-851• I v94 1 ~, 3 fi 7 R <~ l0 1l 12 13 ] =l 15 l~ l7 18 1.9 2t7 21 ~~ `a 24 25 ~a5kt;d the Council as t~ the brieting schedule. ~Ir. C'ushman subn:~ittcd a letter to the Cin' ~~ Council dated F~ebrt~~ary 9. 2OC19. responding to the Council's action. :after this City Council meeting, l~Ir. Cu;,h~nan contacted. thL C rt~-'s attorne~~ to object a5 j) to the rr;gLUreanent that both briefs be submitted at the san7e time. I-Ie nova- prefen~ed a staggered ~~ briefing schedule, sc~ that he could respond to the City°s brief. The C'ity's attorne~• informed ~~;~-.ir. Cushman that he :hadn't objected «hen she proposed this to the Council. but. he could ~ certainly ash the Council fc.~r this relief at tl~e next C~ouneil meeting, and to eielay their- action (until a1_l briefs were received.. III. Issues Presented. ~. Should. the a~izl~lication su~b~r~litted. by ~nlith'F"Hl fc~r a plat alteration be denied fc>r i-ailure to exhaust ad~niiustrative remedies`:" ~`ES. L3. Should the application. subnutted by South; FH l for plat alteration he denied. because it is .not. a "second application" that the City can process under the doctrine of~res judicata`? YES. C. Should the applic:atian subntittcd by Smit v`pFl l for plat alteration be denied bec~cuse it is notthe kind. of "alterat.ian" contewplated by TtC~~' :18.17.21 ti`? ~'FS. D. 11ven if RC"~~ 58.17? 1 ~ could be used to `'~~Iter'" a cc~nc~itian ref final plat, has SrnitlL'.l~Hl shown that t_he t;riteri~t for approval ha~ti-e becal sa~tisfed? ti0. E. Because l~(;~R-' 5.17.215 reduires that an~~ plat alzeratio~n application. be signed by a:_tt~aigrity of th<~s_e ~_rson> flavn~,~ an cn~-ncrsrli,~inteiist,_in the plat., must the application bt denied (far the Smith's failure to obtain the signature of new prUperty owner on the application)? YI:S. I~'. Argument. 4. The Plat alteration. application is barred b~° res judicuta. Ct`I'l"SLiRIEFC~NL.,LCi.ALISSE.JF;S -8 naoaeis & Ta~ADAY, R.c. ~.~.~, n"bOX Y=iS, ~~ i~LS J~~wLC^ :O:'iB N.Yb~ 5ecsb~c:k, ,~%1 958C•04gfi iel. 3C'•~0~83u-03?8 Fcx 35.850-)Er99 1 2 -, 4 5 6 8 c~ 1 C1 12 l 14 1.5 1 ~7 17 18 19 ~~ ~1 22 ?; 2q ~~ .1"he ~`'ashington courts have stated that'`a second application Fnay be considered if there is a substantial change in cirer~-T.nstances or conditions relevant to the application or a substantial change in the application it5eli~'," Hilltop I~er~rc~cc~ H«meo~~°ne~r~~~ ' ~ss~r~. i~. lslrrrxrl Cc~t.cnty, .l2(i ~~'n,2d ?2, ~0-31., $91 P.2d 29 (1995 j, Herz, the plat alteration. application seeking elirni-.latio~n of cef~tain preliminary- and final plat conditions only as to th.e~ Smith's lot does not constitute a different kind of plat. Ln fact, the ~physi.cal plat has not changed at all Cram the ~ prcliminar~° or final. plat to the plat alteratiotl. `1'he Smiths have not shc»~r- that this standa-•d (a sr-batarttial change in circut-~stances or j c«ndi~tions relevant to the application or a substantial change in the application iaselil has been ( met, and the plat altex~ttion i~l~ust therefore be deni~:.d, 'T'he onh~ "change" that has occurl•ed here is that thy; developer sold a lot to the Sn~~ifhs before the: pre-Ii~rl~inary and final plat conditions ~ «ere satisfied, anal the Smiths and. developer 4vould hike an ine:~pensi~ e ~~ay to extricate ~ the-nsclves :Ero-m the obligation to const7 rtet the booster ptunp station and install t:he Sewer roll I seal.. ".l~hc Smiths and the dcv°r;lol~er'n~ti~° o~~nei°s of the plat ``must 1?e: requirod to live up to what is tantamot.mt to a contractual obligation." II ~~s~t t'octst ~~~.:5fa~7hora~zsGr C"UUrrt~~, l~~ ~~'n: App.. 7~5, l~ P.3d ~0 f2000). Tn GT'i~st Cna~~t, a developer r•ecei~~-ed px°~~liniinar;• plat. approval with conditions. including the requirenlerrt to pay school itnpac.t fees. Laat~;r, ~°hcn t}.2e school clistricr recalculated i.ts need :Car f~:c;s, it dropped. the redu.irem_ent for such :gees. The developer found out and submitted. an application to t11e Counts asking that the County removo the school impact fee condition on its 1~relinlinarv plat, The, i~t%'est (.,'c>cxs~t~ count held. that the developes '`was bound by its agreement" ~n1d upheld tho (:,ou.rlty's denial of the application. CITY'S F3RtE,F ()`~ l.t:_C~.1L ISSi..'F:S - cI MORRIS & TARADAY, P,C. P.~~ sex 9-ttl, %22."s ~eawEic:h ~.nne ~;:~i, ~crtwc~, i°iA %s330G9~8 ~c^-£i i~:i328 Fnx 6ii f~G~=.C~49 1 -, ,, ~4 J h 7 8 c~ 10 11 12 1~ 14 1 1(i 17 18 19 20 ~1 22 -, ~ 2=l ~~ rl.he Smiths bare arstuecl that the 13'est C'oast' c-:-se doesn't apply because the developer asked to eliminate a condition of preliminary plat approval not fuaaa plat approval. 1-iowever, the Sn.aiths are asking the City to eliminate a condition. o,fprelimi.nat•y plat approval that titi°as modified slightly at final plat. ~:f.`he cri.ter.ia for appro~~al aFa Alai alteration arc almost exactly E floe same as the criteria for a prelirrtinary plat, so a `'second applica~tioia," ~i~hether it is an ~~ application for a preliminary plat ame~adment or a final plat. amendment, must ~ti11 meet the ~ Ifi/Itop standard. ~hhere is nc~ "second application' that the Co~.-ncil can consider here. I3. Fiinal ~~alat eondityons are not subjecf to `alteration" under RCV1' :iS.17.215. .I`hc final plat fir the Palisades ~t%est sub~ii~°ision was record.zd on rebruary 12. 2OO$. { Pursuant to RC~~TV~ 5$.17.1 i0: .~ s~ibdivisi->n. s~la.all be t~cwer-:aed by the terms of a~pprcaval ofd the .final plat. and the statutes, ordinances, and r~guLatic~,ns in effect at the tirrte of approval under 1ZC;~~r` 58.17.150(1) and (~} for a period of five years after final plat appt•aval unless the legislative body hinds that a claan~e i.n condieioias creates a serious threat to the public health or safety in th-c subdivision. ~ .In other words, no mc~,difieation of the terms of final plat approval may lay: -.nade dur-irr.g the five yeazs after final plat approval. if t11e City Council finds that there is a "clta~>~e i.-~ conditions" which "creates a erious threat tc> the public heal.~fh cir safety in .the subdivision,' then the C'ouneil rnay= impose additio.n~~! conditions r.~n th.e final plat. IZC;W 58.17.1.70 pt•ohibits any "alteration" of a final plat that would ~modifv the final plat cotadi ioias. This interpretation is consistent with RCU' S8.17?15, ~~h.ich addresses ora.ly alteration of•the dravvina o:Fthe subdivision, taut atay co-.aditions. here is the applicable langua~=e: "I~he 1eg~islative body shall detel.7ni.ne the p~~iblic use and int:erest i-.1 the proposed alteration and may deny ar approve the application for alterationa. ... Af.•ter approval of the alteration, the lzgislative bod}~ Shall order the applicant: to E:IT1„S LiKll?F O'`~ LI:~(.iA[.,1SSt.~f~S - t© MORRIS & TARADAY, P.C. P.O. Bc~x 4~8. ~ 223 3ea.~itc.F~ a^~, N.'r>, Sn~6.~cz. 'i°'JA. 9538^a~i~94:"s Ti's. 36033%i,328 Fax 3oi)85G iG49 4 b 7 c~ 1 {) 11 1"? 1 14 1a 1 fi 17 l8 1 ~) ?(1 2l ~~ ~ ~; 24 25 prvdtrce a revised dlawlrlg of the approved alterativtl of the final plait or shvt•t plat,l~~lzicli a:f~ter signature of the legislative authority, shall 1?e filed with the county auditor to be-co~•nt; the- la~~~fitl plat of the property. RC~~' 58.17.? 1 >. ~~Ithough there is nothing in chapter 58.17 RC~rv' whioh specifically identifies w°hat may be "altered" and what niay rtat, the C:'ouncil should read the above language. together ~~-it11 the prohibition i.n IZC`~~' `i~.17.17Q, ~~hich. provides that the heal plat ie go~Ferneci bar its appro~~eti conditivns for five ~~cars after final plat i.s granted. "ltt considering an undefined. term," such as "plat alteration" the Council should. "consider tl~e statute as a «~hole to gi~~e Inc:anin~r to the j term in harmony with other stattitor}~ prowision~." H:1~ 17~~=c~)«lanrant. Irre. ti•..l'a<~r•~e C;oacntk. 148 ~~'~n.2d-451, (i1. P.3d 11.41- (2{1Ca3}. In NJ:S; the County revoked the prelitninarv plat far a subdivision because the developer had not complied. with the pre-lin~inary plat conditions. "I'he court didn't consider any proposal. I by th.e developer to simply eliminate the plat. condiiic:xa to "cnr•rect" the violation, like the situation with t:he Smith's application. Llstcad, it upheld the County's abilit}~ to revoke the plat i because the Caurity's "conditions imposed cotltetliplateci the public safety and welfare,'" anal these conditions ~~-ere vie}latr;d..lc~ at 485. ens stated by the l I,IS cvut't: Subdi.'tsion of l~utd is both a local. anal statewide c;onccr-rl. State platting laws c~pressl,- charge. local governm~:nts ~~ith the duty to ensure that the ptihlic interest is best served by approval of preliminary and tinal plats. 'Ihe Legislature has pr~~vided that ).veal governments may adc~l~t regulations far the public health, safety and general welfare in considering plat approval. ~~'lten conditions of approval of a preliminary l~alat cannot he satisfied. a.r a.re deliberately violated, ren~erlial action, such as revi?cation, may be the on)v- renrcdv. . Icl.. at 483. (:17Y'S i~R11=F~ ON LFCJ:~L ]SS1-.lES - 1. l MORRIS & TARADAY, P. C. ?.C?. Box 9.:x#.'22? S°awit~?` l~r~e N.'k1'. Sea6~:ck, WA 96380-(}94fi Tel. 360-&3Q 0328 FFx 36v-85v 1:;99 J f) 7 8 9 10 11 12 l3 14 1~ l fi 17 18 1 ~) 20 ?1 22 ~~ 24 C`. The applicants cannot show than the "public u5c and interest" is satisfied by the proposed. "alteration." ()zl Septet7~be;r 2fi. 2(0<. the Yelzn Hearing Examiner considered. the; Palisades 'Vest ~prcli3TZ.inary plan. application (then :Forrester H~:i~hts) under the ('it}~'s er~iteria ivr tappro~-a1 and IZ(`1'~' ~8.17.110. The latter Statute requires tl~e Examiner t:o make an afiirznatice finding that the "public use and interest" is ser~•~d by the subdi~~~ision in order to ap}arove it. RC~T~' ~8.17.11(1~~C?. It '~az-iher regttiresthe Examiner to consid+rr the public health. safety and welfare ~~-ith regard to potable ~~~~ate3- supplies, sanitary ~~°astes and all other rele~~~ant lasts. Int. The Exazni_ner did so, aizd. imposed. cozi.ditions on the preliminary pl~~t ~~~hich re;quixed that a l~aoster pump station and sewer roll seal be installed to sE:rve all of the lots in the subdivision. 1~'hc C'it Council did not. eliminatethis condition at final plat, f~ut n~ereh~~ delayr:d compliance slightly. `l'hrr applicants did nc~t appeal the Hearing Examiner's dec~isic?zt on the preliminary plat conditions. nor did it appeal the C;iiv C'ouncil's final plat ap}~roval and bath ar: na«- final. The onlt~ reason the applicants are askizxg the C;i.ty Council to remove the conditions as to their lots is because il~e4 contracted tc~ scllbu.y a lot in the suE?clivision before the conditions 4~°ert; rnei and. do neat wish to .incur the expense. 'T'hey are not askin~7 tlyat the Council "alti:r'" the plat as Co their lot because their amendment address4s the "public use and interest," The applicants believe t11.at flteir own use and interest. ~~~-cold be aci~~anced b~~ the 'al~teratioz~z"' t~~f the subdi~~xision to eliminate the conditions because their prefer not to comply with them. ti~othing in the applcztz~t`s Submittal shows that their proposed alteration. would actually provide better fire :flow, ar a better means of addressin<~~ potable ~~-at4r ~:u• suer. Izlstead, they ack.n.o~x~ledge that their alter-ration. would pro~~ide lesser protection in a fire (suggestil~~~~~ that thz C:ITY'S BRIEI' C)N LI~(:,AI. ISSI.ES - 12 MORRIS & SARADAY, P,C. r^.C?, :iuz ~7w8, .'2[3 Sea:•.it:.h c,ne'U.'v'/. Seek-ck,'•^J'; 9P,38::~!J=7413 'A- 36Ct-8.i~ v328 pox 364-8~0•;04v fire departntetit wortld put out the Fire using '`~ relay of tender trucks-'). T`he apf~}ic~nts believe ~~ that fate sc~~~er roll. seal isn't requited just fr~r their house, so the Council can eliminate this ~~ regtiiremettt. ~~'hat comes thxouglt loud and clear in the applicants' request is theix threats ~to the City (~ ia'the application is not gr~nlted. elccordin<~ to the applicants. "until occupancy is granted.. the c~ l~ 1.1. ~~ City is at greater expostu°e fi7r ~liabi}ity in case of a fire at this structure." ~'~nd. "i.n the. current ') state of lan~bo, the City is fact presently more Iiable." Tlt,e Smiths ti~~ill apparerstl~• agree to provide sot>7.e kind of~ release and agree to ~~~ai~-e their elaitns due tit a ~t-e thaat they could rrtake against the City in ex:eltang; for t}.ie certiti.cate of occupancy. In othc,r ~~ords. the Smiths believe that the ``public interest" here is one in ~•hich th.c (;'ity has "less labilit~r.'° according to l? l 14 l _>". l f~ 17 l.$ 19 ?O S-nith's atu7rney {~~-lao apparently belieti°cs himself to be impartial on the su~hjcct~j. "i~'he applicants ha~~~ett't met the criteria 1'or ~tppro~`al of this plat alterat%on, «•hich hasn't been shit~vn tc7 pro~~ide at ].east the same degree of protection as the con~~itions in -the original prelintittar~~ Grnd. final plat ap~l}royal conditions. Execution of a rel~:ase bet«•een the Smiths and the C`i.tti° ~~•tll not address the fact that sonlei>lte (one of the Smiths.. a attetnbc;r of their family, a v7sikor, tenant or ne«~ otivner of the Smith house) tni~ht be hurt or killed in a fire. ~~hich is sure]}~ more important than. w°hether a claim is filed ~~~ith the City by the Smiths. [tl addition., the applicants ha~•~en'f addressed the precedent that would be set b~~ approval of their alteration. 1f deseloper ofp.roperty in subdivisions find plat conditions too oneraLts in the fittw-e they may sintp y apply to the ~:`ity for plat '`alt~:rations`' to rtrr~.utve the conditions. After a]}. il'thc City ~~as s~-illing to apprave~ ~i plat ateration to ~lin~inate a condition addressing fare fla~~; then the dev~elopers~pro}7erty a~~ners itt the future could et~tsiiy C"TTY's BRtL~;F (aN L,1~,'G~'~t.. ISSIJI::'S - I.i MORRIS & TARA©AY, P.C. ~_.......__.......__.._~ n..._....._._.-.........._.........._._...... ~,J. Box ?43, ; ?tti $ravi!c'r? ian<~; N.~^r. Seale~k, `Tt`/+. 4S3E~s~-~448 Tel. ?bG~fl3J-~328 ~ Fax 3b0-8S~-1u?9 l _~ 4 Ei 7 8 q 1(~ 1l l? 1.3 l4 15 1(i l7 18 l9 ~~ 21 ~~ ~; ~4 2S make an ~irr~ument that pesky landscaping, storm ~F°ater draina~;c or ocher ~on~it~ions should. b ~ eliminated as needed, to meet the developer's bixjgetary constraints. Such a precedent does clot safisty the "public use and int:rest_" D. 1'he application must be denied unless the Smiths amend the application to inelude the nhFi oFVners of the Palisade ~~'est subdivision. Pursuant to RC~~' S8.1~7.2I ~, the owners of a majority of the property in fhe subdivision are; required for a plat alteration. Steven Chambc:rlai~~ of IlI1, I.LC is the only other applicant. to the Smith's application for a pCat alteration. The bank. hasforeclosed upon the property and. is now the new- owner of the majority of the propert}. The City- C.ounei.l oarmot a~hprov~ tho plat alteration «ithout the bank's consent. C01CL,tiSIOtiT The Counci_I should deny the Smith's applications for a plat amendment. Dated ~t~his 16`" day of :f~~ebruary, ?(~ 10. R.espeetfully subt~~itted, fay Carol. ~1. I~~Iorris. VG'ST3.1=19241 Attorney for the City oI' Yeh1~. C1"1'Y'S 13K1F..,F Qti L..EGAI_: ISSL'EiS - L MORRIS & TARA~AY, p.C. P.^. ~c~x 9a E, '22~ ~ccwikh iar,e N.YV. Seaorck. 4JA ~$3f3f7~C9-^,8 Ta>. 3hG~830-~i;>7g . Fax :3:ir..8_`,a-~i;94 Page 1 of 2 Karen Bennett From: Janine Schnepf Sent: Wednesday, December 09, 2009 12:34 PM To: Shelly Badger; Ron Harding Cc: Tim Peterson; Grant Beck Subject: FW: Yelm Claim for Damages Claim Update; The City of Yelm received a Claim for Damages on 12-07-09 from the Smiths regarding the Palisades West Plat Amendment. A copy was sent this morning to AWC RMSA and to Brent Dille for their review and advice on how to proceed. I have a copy on file, if you would like to review. Tim Peterson, Grant Beck, Mayor Harding and Brent Dille (among others outside the City) have been named as witnesses. I will be the point of contact with AWC RMSA for updates on the progress of the claim at this point, but both Brent and representatives from AWC RMSA may be contacting you directly for first hand information. The claim only, may be subject to public disclosure .Any subsequent correspondence is likely protected. Please direct any future inquires from the public to myself or Lori, our Public Records Officer. That is all for now. Subject to change based on claim activity. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Wednesday, December 09, 2009 12:02 PM To: Janine Schnepf Subject: RE: Yelm Claim for Damages Thanks Janine! From: Janine Schnepf [mailto:janine@ci.yelm.wa.us] Sent: Wednesday, December 09, 2009 11:28 AM To: Brent Dille Subject: FW: Yelm Claim for Damages Forwarding the Claim for Damages we received from the Smith family regarding the Plat amendment. 3/10/2010 Page 2 of 2 From: Janine Schnepf Sent: Wednesday, December 09, 2009 11:20 AM To: 'Janice Howard' Subject: Yelm Claim for Damages Good morning Janice. I received this Claim For Damages on my desk 12-08-09. I am also forwarding a copy to our City Attorney, Brent Dille. I am sure you will need more background information and may require a meeting with several parties after your initial review. Please advise on the best, next step to take. Thank you for your review. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, November 16, 2009 3:15 PM To: Grant Beck; Janine Schnepf; Susan Davis; Maryam Olson; Tim Peterson; Stephanie Ray; Todd Stancil; Dana Spivey; Deonne Hardy Subject: 11-24/12-8 CC meetings info Hi, to aid in our Council packet organization For the Nov 24th CC meeting, I have 2 items approved as of today: o Thurston Climate Action Team -Grant o Public Hearing on ad valorem property taxes -Sue o Palisades ? - I do not have anything for this item? o If anyone has anything else, I need it asap on Tuesday morning or it will have to wait until Dec gth . There will be no Study Session this month on Nov 25th . The deadline for the December 8th CC meeting (traditionally the last Council meeting of the year) is Wed, Nov 25th due to the Thanksgiving holiday. Thank you, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Glacier Karen Bennett From: Shelly Badger Sent: Tuesday, November 03, 2009 1:22 PM To: Janine Schnepf; Ron Harding Cc: Grant Beck; Tim Peterson Subject: RE: 11-10-09 Agenda Review Page 1 of 1 Janine, the agenda looks good, however, based on Ron's a-mail re: Palisades West, we will make a Wed morning decision on whether to leave this item on the agenda or delay it to the Nov 24th CC meeting. Thank you, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, November 03, 2009 12:15 PM To: Ron Harding; Shelly Badger Subject: 11-10-09 Agenda Review attached for your review Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Glacier Karen Bennett From: Shelly Badger Sent: Tuesday, November 17, 2009 1:24 PM To: Janine Schnepf; Ron Harding Subject: RE: Agenda Review 11-24-09 Page 1 of 1 Agenda looks good. Are we okay with not listing the Palisades issue? I know that we don't have everything back from the Smith reps (attorney and engineer), so aren't ready at press time with a staff report, but I can't remember the motion Council made. Was it to table for 2 weeks to 11-24 OR to table until we were ready with a staff recommendation after hearing back from the Smith reps? Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Janine Schnepf Sent: Tuesday, November 17, 2009 1:11 PM To: Ron Harding; Shelly Badger Subject: Agenda Review 11-24-09 Agenda for your review I moved Ad Valorem to the first item to follow directly after the Public Hearing. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Glacier Karen Bennett From: Janine Schnepf Sent: Monday, November 09, 2009 3:14 PM To: City Council Subject: Agenda 11-10-09 RE; Palisades West Update There are no new attachments for the meeting Tuesday 11-10-09. Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us Page 1 of 1 3/10/2010 Page 1 of 1 Karen Bennett From: Ron Harding Sent: Monday, November 02, 2009 7:03 PM To: Shelly Badger; Janine Schnepf Cc: Grant Beck; Tim Peterson Subject: RE: DRAFT report - 11-09-09 CC mtg -Palisades West Hi All With great respect for the Smiths and the council, I am just a bit concerned that we are trying to rush this work and if the proposed changes do not work for the Smith, they may use our work effort against the city. If we can not get this done by the council meeting than it just will have to wait. I just wanted staff to know I would rather be safe then sorry and they have my support here. Thanks Ron From: Shelly Badger Sent: Mon 11/2/2009 11:20 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Tim Peterson Subject: DRAFT report - 11-09-09 CC mtg -Palisades West Hi, here is the draft staff report for the 11-10-09 CC agenda. There are blanks to be filled in as information becomes available. I just wanted to ensure that the item has a placeholder on the agenda. I have attached Brent's e-mail of the release which is also being reviewed by the Smith's attorney. So bottom line, both documents will be revised, up to publication of the agenda on Wednesday morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, October 30, 2009 3:03 PM To: Shelly Badger Subject: City Council Agenda Item -Palisades West Attached is a staff report for the Council meeting on the 11th for the Palisades West subdivision alteration. Because of the compressed time frame, this is a status report only and has some blanks that I would expect to fill in at the last minute before Janine publishes it, but the structure is all there. There will of course be additional handouts at the meeting itself. Tim, Steph, and Brent have all reviewed this report. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantbt~ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Tuesday, March 09, 2010 12:19 PM To: Shelly Badger; Stephanie Ray; Tim Peterson Cc: Grant Beck Subject: Data Collection RE; Palisades West, Forrester Heights, Andrew Smith Request for Records -Email search Good morning, We are in the process of collecting all the data related to the Palisades West project from start to current date. The deadline is Thursday, March 11, 2010.. Please review the following schedule for completion by the deadline (03-11-10) Jason Hardy -collecting all the emails from your computer related to Palisades West and Andrew Smith Grant -Community Development; Building, any data related to project or subsequent legal issue issue Janine-Admin; Legal documents, Claim Shelly -Executive; any data related to project or subsequent legal issue Stephanie -Program/Projects Manager; any data related to project or subsequent legal Tim -Public Works; any data related to project or subsequent legal issue Data can be in hard copy or electronic format. Please compile and deliver to Grant by the deadline. Hard copies will be scanned and delivered. Hopefully, the data is centrally located in your files to make the task less burdensome. Please let me know if you have any questions or concerns. Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010 02/16/2)%~' ' ~:: ='~ ~s69y5t;9795 CUSHMAN LAW (]I='~ `::r °AGE. 04!06 ~~~~~~ ~~.~ )3enC,~s~t-tan@Cushman law. Gora At~rr.~ .:ar~ina Yeiz~r. C:it-y Cout~.cil City' of 1'eL-n 1L~5 Yellr~ Avenue VlTest Yelrr, 3~=A ?8597 924 CAPi'I'OL F1A,X SOU'~ OL1'1~IA, wnSHn3GTaN 9a5o1 (mod} s~t.9ies FACSIMILE (3G0J 459145 Joie ~. C(JSEiRiAN'~ fi£:N 7AM1lV Ly. CL?&F32rfANr losiral~w scut?ry~Ita f;L:YB%1 j. GCTXISI~TDALL 52 G1'F?!4'v~ Iai.R. BIRD {AL50.1Ik,At]7'!LD 7H G1tEG4N •n[.~,~ ~oM7rr~n I,r: e,6.AW4t, GM1[iGON, IOA}[O !c tst~xrt~t C.tixOttNn NAL:A 11Uv~9'i'fi~:~•, 1:~'.A:rSSiUa i)Al3GON, Gi1Ul R l~eb>•uary 9, 2Q14 RP: Sxni`h )Zesidezzce at Lot 15 of Palisades West Dray C'y Council: We have ;Iasi learned. that on behalf of Grant Beck, his attorney Carol Harris will be submittir~ solr_e foI-rn of briefing in opposition to the Smiths' plat amendmentapplication- VJe wish to foxzxaall~=state that. -are object to this on the grounds that it is untimely. ae'i~e rl!>b4~v l~earzz~g Q:n_ ~~he Snvths' aoplicatiola was held 4ctvber 13, 2Q09, afiter which the public l~earxtAg uozuoxz e~'as closed to public testimony. The matter rernaztted open only for post-hearing submittals bei:~-een the applicant and the City having to da with engineering issues. More recen+,ly, l believe at your Jazzuary IL2, 2p09 naeetirxg, you speci,~cally acxuout~ced that this matter tiaras "tndofinitely ablsd". Mr. Seek cannot and should not be allowed to now participate anew oza a rnattcr wklicl~ currently holds a suspended status, Yn the alternative, if what Pvts. Moxris pxeselats, amounts to an appe:sJ of a yet-to~be-rued decision, them that too is untimely. Thew is simply za,a u~eclis.nism for tl'ic City to allow public opposition months after the public heatting has closed, nor is thet~~e a mechanism. for an "appeal-in-advance." We also object on the gxouz~ds of lack vf. notice fox whatever it is that Ms. Morris will be presesttF3~y on behalf of Mr. Beck, and her "requirement" to us that we cazzteirzpoxax~eo~a,4{y subrrut a zeslaonse to something we've yet tv see. Z~owever, should the Co~xrtcil no:~ctheless entertain Ms. iYlorris and Mr. Beck's submittal opposing the Smiths' applica~iozz, tlZeza we leave the follcevi>ag initial comments, based on my very linraited knowledge of the ~;ravnds on tvIiieh the Szxzitkzs' agp.ticstion is opposed, which Y understand pertains to unspecified rc:asorrs raving to do v.~itla 1?C~J 58.1'1.215 and West Coast v. Snohomish Coatrtty,144 Wr.. App. ?:35, ? 6 P.3d ~ 0 (2[~cr). 02/i6/2a1~ 1,:53 3E09569795 CUSHMAN LAW OFFICE: PAGE ©5/06 Yel;,n Ci r~~ Council Febn:ary 9, 2d10 Fage 2 1~irst, tyre have carefully reviewCd RCW SS.I7.215, and do not see any inadequacy it the Smiths' plat amendment application. Please note that the Smiths' application. form was accompanied by a detailocl leper and ntunerous attachrn.ents, so perhaps Ms. Morris did not sea eve^-;rthing. Secondl; ,the Smiths' plat amendment request i„a clearly distiztguislnable frc;x~t tl~,c ~e,~t Co~dsx case fox ~Whe fall,vwing reasons; In that case, the developert Nest Coast sought a major amendment of a preli?rirlary plat, In. contrast, the Smiths are lot owners seeking a minor amendment tc, #icnl psi t condiaions. Tlae V4'est Coast developer sought to enxirely eliminate flue condition rewiring school mitigation fees. In contrast, t]ae Smiths already paid their school znirigstifln. fees, and are not seeping any elimination of required conditions pertaining to the pia:L xs a. ~a~bote. lmstead, they seek only their lit too be temporarily excluded from the final plat conditions, ~li~~il such time as the developer coo irnplernGnt them. For the reasons explaned, tlae S~.xxitl~.s' amendment would benefit the public: allowing occupancy of the residence, which in turn would put the full-value property info the City's tax roI.s, become an 1apgacle to die neighborhood -instead of a liability, and thereby could attract ~.alother developper to complete the Plat conditions. Also as has been discussed, tlae Smiths' lot would leave added engineering measuares to mitigate at~y potential, m,r~acts (al*~:nough we 'believe that funding to do so should Dome from others), Ryes judicata~ was identified as an issue in the West Coast case, because the impact fees were a SEPA condition yet SEPA had not been appealed, nor had tYtez~e boe:±_ atay c?'sange irr circumstances to suggest that such impact fees were no longer needed, In contrast, the final plat conditions tlne Smiths want amended were not izaaposed by Sl?A. 'f7~c conditions would remain. a.s ~mal plat eozaditi,oz~s, except that the Smiths' Lot 15 would be excluded and no additional lots could be built until the conditions are ~alfilled. The "claangeci cixrtumstance" is [hat the City is the one who authoriJ,ed the Sgniths' builduig pc-wait in violation, of the plat condition, causing one residence to bz built. w~i:laout having the final plat conditions implemented. That change in circumstance has brought about t'ae need for tkte znix~or plat aznez~d~o,emt requested, Too Court determined the ~1Vest Coast developer had a contractual a'oligakiou to pay tlae school impact fees and the developer made no showing of extraordinary circunastazaces to ,pustify its failure to perform. In the Smiths' case, we are not denyiuog tlast tkae developer (or his successor) lass an obligation to cozzxplete tk~e final plat conditions. But, there brave b€en un.ique, if not extraordinary, circumstances which make it necessary and jz:stif able to amend (not elinrinatc} the final plat conditions in the manner we've asked. The City Cotmcil can act on otu plat application as allowed by Chapter 58.1 ?and in the City Code, the dctaiJs ol~wl,icll wez~e explained in our letter accompanying the application. IvJx. ;Beck, tlaxoug>a his new counsel, cantimaes his obstructionist behavior. Perhaps the most impoz~tant zeasoza you, as City Cowncil, slsould not allow post-heurizrog plat amendnTaent application submittals is that, as you know, there is a pending lawsuit, arid. `tae 82!16/2818 16'53 3609569795 CUSHMAN LAW OFFICE PAGE 86/86 Yelrn City Ccfiartcil Februa-y 9, 2(} 1 ~ Wage 3 approval or disapproval o£the Smiths' plat amendment can have some bearzr~g on tl-,gat. lawsuit. ~o x~ow soddenly and without proper notice, reopen the public testimony poa~.icri oz tre Smiths' plat ameodmeslt heating would cause a meddling and muddling o~'the claims iu t'nat lawsuit t~vith tt~e potezttial remedies that may he found. We caa only surmise that Mr. Bcck's rush. t© get the City Cauricil to revive a tabled matter its order to ~im3mediately rule to deny ~t wzl? sai~ehow bcncfit Trim, most likel;~ at the expense of same or all a# the other parties, inclucling the Cit<f. 'X'h,eze is . ;aexrber n need nor requirement to accept Ms. Morris' materials concerning the SmitL's' plat amendrnet~t application. 5incerelyr~,,,,,,,. en Cushman cc: ;~rsnt Dille C11~2tt5 I 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: October 30, 2009 (for November 10t" City Council Meeting) Subj: Palisades West Subdivision Alteration Recommendation None. Informational update. Background At its regular meeting of Tuesday, October 27, 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. March 10, 2010 Page 1 of 2 Current Situation On DATE the applicant's engineer provided a conceptual plan to the City and a meeting between the applicant's engineer, the City Public Works Department, the City's consulting engineer, and the Department of Health has been scheduled for DATE. A report of the conclusions of that meeting will be presented to Council in a supplemental staff report prior to the meeting of the 27t" or verbally at the meeting. A draft release prepared by the City Attorney for consideration by the applicant's attorney is attached. An update on the status of the preparation of the release and will be provided prior to or at the meeting of the 27tH March 10, 2010 Page 2 of 2 02/16/2)%~' ' ~:: ='~ ~s69y5t;9795 CUSHMAN LAW (]I='~ `::r °AGE. 04!06 ~~~~~~ ~~.~ )3enC,~s~t-tan@Cushman law. Gora At~rr.~ .:ar~ina Yeiz~r. C:it-y Cout~.cil City' of 1'eL-n 1L~5 Yellr~ Avenue VlTest Yelrr, 3~=A ?8597 924 CAPi'I'OL F1A,X SOU'~ OL1'1~IA, wnSHn3GTaN 9a5o1 (mod} s~t.9ies FACSIMILE (3G0J 459145 Joie ~. C(JSEiRiAN'~ fi£:N 7AM1lV Ly. CL?&F32rfANr losiral~w scut?ry~Ita f;L:YB%1 j. GCTXISI~TDALL 52 G1'F?!4'v~ Iai.R. BIRD {AL50.1Ik,At]7'!LD 7H G1tEG4N •n[.~,~ ~oM7rr~n I,r: e,6.AW4t, GM1[iGON, IOA}[O !c tst~xrt~t C.tixOttNn NAL:A 11Uv~9'i'fi~:~•, 1:~'.A:rSSiUa i)Al3GON, Gi1Ul R l~eb>•uary 9, 2Q14 RP: Sxni`h )Zesidezzce at Lot 15 of Palisades West Dray C'y Council: We have ;Iasi learned. that on behalf of Grant Beck, his attorney Carol Harris will be submittir~ solr_e foI-rn of briefing in opposition to the Smiths' plat amendmentapplication- VJe wish to foxzxaall~=state that. -are object to this on the grounds that it is untimely. ae'i~e rl!>b4~v l~earzz~g Q:n_ ~~he Snvths' aoplicatiola was held 4ctvber 13, 2Q09, afiter which the public l~earxtAg uozuoxz e~'as closed to public testimony. The matter rernaztted open only for post-hearing submittals bei:~-een the applicant and the City having to da with engineering issues. More recen+,ly, l believe at your Jazzuary IL2, 2p09 naeetirxg, you speci,~cally acxuout~ced that this matter tiaras "tndofinitely ablsd". Mr. Seek cannot and should not be allowed to now participate anew oza a rnattcr wklicl~ currently holds a suspended status, Yn the alternative, if what Pvts. Moxris pxeselats, amounts to an appe:sJ of a yet-to~be-rued decision, them that too is untimely. Thew is simply za,a u~eclis.nism for tl'ic City to allow public opposition months after the public heatting has closed, nor is thet~~e a mechanism. for an "appeal-in-advance." We also object on the gxouz~ds of lack vf. notice fox whatever it is that Ms. Morris will be presesttF3~y on behalf of Mr. Beck, and her "requirement" to us that we cazzteirzpoxax~eo~a,4{y subrrut a zeslaonse to something we've yet tv see. Z~owever, should the Co~xrtcil no:~ctheless entertain Ms. iYlorris and Mr. Beck's submittal opposing the Smiths' applica~iozz, tlZeza we leave the follcevi>ag initial comments, based on my very linraited knowledge of the ~;ravnds on tvIiieh the Szxzitkzs' agp.ticstion is opposed, which Y understand pertains to unspecified rc:asorrs raving to do v.~itla 1?C~J 58.1'1.215 and West Coast v. Snohomish Coatrtty,144 Wr.. App. ?:35, ? 6 P.3d ~ 0 (2[~cr). 02/i6/2a1~ 1,:53 3E09569795 CUSHMAN LAW OFFICE: PAGE ©5/06 Yel;,n Ci r~~ Council Febn:ary 9, 2d10 Fage 2 1~irst, tyre have carefully reviewCd RCW SS.I7.215, and do not see any inadequacy it the Smiths' plat amendment application. Please note that the Smiths' application. form was accompanied by a detailocl leper and ntunerous attachrn.ents, so perhaps Ms. Morris did not sea eve^-;rthing. Secondl; ,the Smiths' plat amendment request i„a clearly distiztguislnable frc;x~t tl~,c ~e,~t Co~dsx case fox ~Whe fall,vwing reasons; In that case, the developert Nest Coast sought a major amendment of a preli?rirlary plat, In. contrast, the Smiths are lot owners seeking a minor amendment tc, #icnl psi t condiaions. Tlae V4'est Coast developer sought to enxirely eliminate flue condition rewiring school mitigation fees. In contrast, t]ae Smiths already paid their school znirigstifln. fees, and are not seeping any elimination of required conditions pertaining to the pia:L xs a. ~a~bote. lmstead, they seek only their lit too be temporarily excluded from the final plat conditions, ~li~~il such time as the developer coo irnplernGnt them. For the reasons explaned, tlae S~.xxitl~.s' amendment would benefit the public: allowing occupancy of the residence, which in turn would put the full-value property info the City's tax roI.s, become an 1apgacle to die neighborhood -instead of a liability, and thereby could attract ~.alother developper to complete the Plat conditions. Also as has been discussed, tlae Smiths' lot would leave added engineering measuares to mitigate at~y potential, m,r~acts (al*~:nough we 'believe that funding to do so should Dome from others), Ryes judicata~ was identified as an issue in the West Coast case, because the impact fees were a SEPA condition yet SEPA had not been appealed, nor had tYtez~e boe:±_ atay c?'sange irr circumstances to suggest that such impact fees were no longer needed, In contrast, the final plat conditions tlne Smiths want amended were not izaaposed by Sl?A. 'f7~c conditions would remain. a.s ~mal plat eozaditi,oz~s, except that the Smiths' Lot 15 would be excluded and no additional lots could be built until the conditions are ~alfilled. The "claangeci cixrtumstance" is [hat the City is the one who authoriJ,ed the Sgniths' builduig pc-wait in violation, of the plat condition, causing one residence to bz built. w~i:laout having the final plat conditions implemented. That change in circumstance has brought about t'ae need for tkte znix~or plat aznez~d~o,emt requested, Too Court determined the ~1Vest Coast developer had a contractual a'oligakiou to pay tlae school impact fees and the developer made no showing of extraordinary circunastazaces to ,pustify its failure to perform. In the Smiths' case, we are not denyiuog tlast tkae developer (or his successor) lass an obligation to cozzxplete tk~e final plat conditions. But, there brave b€en un.ique, if not extraordinary, circumstances which make it necessary and jz:stif able to amend (not elinrinatc} the final plat conditions in the manner we've asked. The City Cotmcil can act on otu plat application as allowed by Chapter 58.1 ?and in the City Code, the dctaiJs ol~wl,icll wez~e explained in our letter accompanying the application. IvJx. ;Beck, tlaxoug>a his new counsel, cantimaes his obstructionist behavior. Perhaps the most impoz~tant zeasoza you, as City Cowncil, slsould not allow post-heurizrog plat amendnTaent application submittals is that, as you know, there is a pending lawsuit, arid. `tae 82!16/2818 16'53 3609569795 CUSHMAN LAW OFFICE PAGE 86/86 Yelrn City Ccfiartcil Februa-y 9, 2(} 1 ~ Wage 3 approval or disapproval o£the Smiths' plat amendment can have some bearzr~g on tl-,gat. lawsuit. ~o x~ow soddenly and without proper notice, reopen the public testimony poa~.icri oz tre Smiths' plat ameodmeslt heating would cause a meddling and muddling o~'the claims iu t'nat lawsuit t~vith tt~e potezttial remedies that may he found. We caa only surmise that Mr. Bcck's rush. t© get the City Cauricil to revive a tabled matter its order to ~im3mediately rule to deny ~t wzl? sai~ehow bcncfit Trim, most likel;~ at the expense of same or all a# the other parties, inclucling the Cit<f. 'X'h,eze is . ;aexrber n need nor requirement to accept Ms. Morris' materials concerning the SmitL's' plat amendrnet~t application. 5incerelyr~,,,,,,,. en Cushman cc: ;~rsnt Dille C11~2tt5 02/vE/20i~ -." ~'~ : E;Fi3.~E9795 CUSHMAN LAW C!(~'- ' E. PAGE 02/06 CL.'SF~I~'~t~N ~~ ~,, rL?'t'4R~EY5.1T L~1 +~ BcnCtrsi~_,ran{7C~1~s~~manlaw,com .f~ SI-'G: .fc7~7S72~ Y£]tx? Clt;' Cauncil City o~ ~'::IrrJ 105 ~`al~z .~uenuc Nest Yeln~. ~~~ 985 i 724 CnPiTOL WAY sOL'T1I OLYIurnln, wASI1tNGTgiv 965ui (3rn~ 53a-71a3 I~ACSiAl7r.r, (3GU) 75G-7795 j(7N F, Ci;SrTM.~Nt Iil~iN) t1Q?~l D. CUSHMAN* tnSiPEi W, ~^tJnrRJJ~ i,:r.Y ;7irt !: CU°r~:r.iti D1V.L ;.n*sc:.you^t•r~.n ru ortecoN ' ntSr1 nL t1T;'?U rra N, ~,Sl',A ORI'gnN, rngFiO k ~'C~?'rw r,,~ROi,1N.1 irP.1.SC Ai:~?P:fir r! 'h','J.A'1{~1, i~R!?GgN, GUAAf ~ ;.rrvnrrso7' ^. Feb><'uary 16, 2010 RE: ~irlith 1Zcsidence at Lot 15 of Palisades West Dear Cit~r CoI.J~°acii: tTiTe are sul•.:mitting this letter in an. attempt to supply briefing by today's date- ~~-l },~ha1f of tlxe~ Sixliths, -~5,'r;%ch you requested during your last meeting on Febzuary 9., 2t11C~. t<<n;PQ~artatoly, we still are a clear v,~hat it is that we arc briefing since we have not seen. the ix;aterials that ti~nere to have been submitted by Carol Marris. A,t this point we still call only guess at the details of what is going to be discussed and decided by you, and are therefore ,put into the gosition of making a blind response to soittething we have yet to see. However, in ca>t7npliance ovitlx your request, we re-submit c~}a.l• ~'cbnl~~ry 9, 20101etter which outlines legal points on the Coup of.~ppeals ease cited. by 1~Is, Morris and we also retzew our objections discussed iri that letter with xegard to post-hcat~ir~g submittals and lack of proper notice. ~Additionuisy, rlow that we lave learned from Carol Morris that she also represents the City of Yelm as ~~ell as Grazat Beck in this matter, we further object to what appcd~rs to be a blatant conflict ,~f :interest. I?le interest of the City and Cxrarit Beck diverge substantially. ~'hc I'Pai;itiffs' request far plat ame;»,dlrient highlights this divergence. It is i,n the Ci_td~'s interest: to appro~~e the plat a1r,eracl•tient as d®ing so would. significantly mitigate damages ana. r~vould be a politically responsi~~e and soi~zzd determination. It is iJn Grant Seck's interest to resist amendment as granfitlg the amendrrJent highlights the series of errors he made in t11is matter- Morcov€r :leis LI111{lrl~ dual representation by Ms. Morris presumably is a superficial meti~cad to exiable expanded executive sessian privilege, which otherwise would be illegal. In 1'urilaer ~riticipati~~r~ of what might be submitted by Canal Morris, we t7izi.rat orit that ev.;rl though tl~e fearing f~xaminer I><tade provision in lais preXimi»ary plat recoi~zl~i~:I~dation, at Finding ~~i*. l 1, for thL cievel.opez to i><?<sta11 the booster putx>.p station., ii: wds i>at airitil nc~v~~~;ul 02/.612919 :! 6: 5~ ''r_99569795 CUSHMAN LAW Of=FrC;E PAGE 03/66 Yelrxt Cit;~ ~~oun ~•il February 1 ~, 2414 Page 2 plat app~'oval that the CitS~ Council added the condition which. prohibited all r€;sidez;.taal building permits zrorn being issued anti,] said pump station was installed (and w~lxicka the City building official(s) did. in fact erroneously issue). The Smiths' application for a plat amendaztent does not, nor is ii intended tot amend the preliminary plat conditions. It is still expetited ttl:dt d.e developer t~~ill ir3sts.11 all requi cements for fttrther build-out of the plat. The Srniths° r~;gt~.ested arztca~+~ment to the.'irzal plat conditions is to allow their house, only -and with proper engineering safeguards, the right to be occupied in advance of the pump station and. sewer seal, whirl^ are utilities sized for afully-occupied plat, faz in excess of just one house. Most important i, ti~at the reason for the requested amendment is to correct what has now turned into a gravy erxor mad by you, the Cit}r C-ouncil, ir. approving as final, a plat which did not havE all of the requisites you wanted completed. Please realize, however, that the occupancy of one house in advance a'f tb.ese twa conditioa~s ?was not a requirement of the preliminary plat, but comes only ~z'otn tlxe final 1~Iat conditions. ~' ou, as the City Council, since you enacted those final conditions also have the authority to atrtend final plat conditions -see our letter which accoml~anieci the Srn.ittas' plat amendment application.. If you preclude rho possibility to amend youx fnal plat conditions, you rail] be sigzaificartly restricting the City`s ability to resolve this matter at a significant cost savings. The ~mitlts' tort claim form identifies the vast difference in damages that will be claimed if`tlxe Smmiths arc able to ever.~ttzall~r more into their house. Perhaps thexe is same benefit to 14ir. l3t~cl~ for the plat amezidmc:nt to be denied, but we see no such benefit to the City or the ether defen~}ar+ts. ~,Ve would ad~~~ise you ztc-t to act too hastily. We reserved the right 'to respond and/or object to whatever additional ini''u~s~9atio~ct a'nav'oe submitrcd.. Su~erel~t,----f r ~~"' t" Bert Cushnraan cc~ Carol Morris ' CiCI1tS Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Monday, November 02, 2009 11:21 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck; Tim Peterson Subject: DRAFT report - 11-09-09 CC mtg -Palisades West Attachments: Staff Report to Council 1110.doc; Release Language Hi, here is the draft staff report for the 11-10-09 CC agenda. There are blanks to be filled in as information becomes available. I just wanted to ensure that the item has a placeholder on the agenda. I have attached Brent's e-mail of the release which is also being reviewed by the Smith's attorney. So bottom line, both documents will be revised, up to publication of the agenda on Wednesday morning. Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Friday, October 30, 2009 3:03 PM To: Shelly Badger Subject: City Council Agenda Item -Palisades West Attached is a staff report for the Council meeting on the 11th for the Palisades West subdivision alteration. Because of the compressed time frame, this is a status report only and has some blanks that I would expect to fill in at the last minute before Janine publishes it, but the structure is all there. There will of course be additional handouts at the meeting itself. Tim, Steph, and Brent have all reviewed this report. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantbt~ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Morris & Taraday, EC. February 21, 2010 Mayor and City Council City of Yelm 105 Yelm Avenue West Yelm, WA 98597 Ben Cushman Cushman Law Offices, P.S. 924 Capitol Way South Olympia, WA 98501 Re: Smith v. City of Doe, et al., Thurston County Superior Court Cause No. 09-2-02879-3 Dear Mayor, Council and Mr. Cushman: Although the City Council has stated that it would only accept legal briefs on February 16, 2010, by this letter I am recommending that the City Council accept the February 19, 2010 letter from Mr. Cushman. I think it is important for the Council (and all parties in this litigation) to compare Mr. Cushman's letter with the Complaint recently served on the City and on Mr. Beck in December. Almost every allegation against Grant Beck in the Complaint relates to the Smiths's false belief that he delayed their plat alteration application. Starting on page 6 of the Complaint, the Smiths allege that Mr. Beck "unilaterally postponed the hearing" on the plat amendment application, even though ``expediency was requested." On page 7 of the Complaint, the Smiths allege that Mr. Beck "fabricated obstacles in order to prevent the Smiths from occupying their home." As to the City Council, the Smiths allege that the Council "has no right or proper excuse to withhold" a plat amendment decision. Complaint, p. 9. On page 16 of the Complaint, the Smiths allege: "The City of Yelm is refusing to allow the plat amendment ... The City of Yelm and Grant Beck have no right or proper excuse to withhold these ministerial acts." Part of the relief requested by the Smiths is ``for a writ of mandamus compelling the City of Yelm and Grant Beck to undertake those ministerial acts ..." which include the plat amendment decision. I have had several conversations with Mr. Cushman on the subject of the plat amendment application, and in each conversation, he expressed his opinion that the Council should be immediately acting on his clients' application without further delay. However, in Seabeck Office: P.O. Box 948, 7223 Seawitch Lane NW, Seabeck, WA 98380-0948 Phone: 360-830-0328 Fax: 360-850-1099 Email: carol_a_morris~umsn.com Mayor and City Council Ben Cushman February 21, 2010 Page 2 complete contradiction to the allegations in the Complaint and his previous position, he states the following in his February 16, 2010 letter: Again, I reiterate the obvious: There is no benefit to the City to rush into a denial of the Smith's application to amend the final plat conditions. Your January 12, 2010 determination to `indefinitely table' the matter pending the litigation is acceptable. While we do not know what the end result of that litigation will be, now that the City has been named in the Smiths' lawsuit, your first order of business should not be to take a reasonable and workable solution out of the running. I have no idea why Mr. Cushman has made this abrupt reversal It is certainly not obvious, given that it is the opposite of the relief requested in the Smith's Complaint, which was served on the City in the last week. Therefore, my recommendation is that the Mayor and Council deny the plat amendment application on February 23, 2010 for the reasons stated in the City's Legal Brief. The Smiths' Complaint asks that the City take action on the plat amendment application, and the City should do so. The plat amendment application is not a "reasonable and workable solution" and should be rejected. There has been a death in my immediate family and I very likely will not be able to attend the Council meeting on February 23, 2010. V~~uly~ours, Carol cc: Grant Beck, Brent Dille Karen Bennett From: Stephanie Ray Sent: Thursday, October 22, 2009 6:01 AM To: Grant Beck; Janine Schnepf Subject: RE: Staff Report and attachments Thanks Grant & Janine... Steph -----Original Message----- From: Grant Beck Sent: Wed 10/21/2009 3:42 PM To: Janine Schnepf Cc: Stephanie Ray Subject: Staff Report and attachments Are attached, finally! The order should be: Staff Report Palisades (it's an 11 by 17 plan) Letter from Brent Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto:grantb@ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 1 Morris & Taraday, EC. February 21, 2010 Mayor and City Council City of Yelm 105 Yelm Avenue West Yelm, WA 98597 Ben Cushman Cushman Law Offices, P.S. 924 Capitol Way South Olympia, WA 98501 Re: Smith v. City of Doe, et al., Thurston County Superior Court Cause No. 09-2-02879-3 Dear Mayor, Council and Mr. Cushman: Although the City Council has stated that it would only accept legal briefs on February 16, 2010, by this letter I am recommending that the City Council accept the February 19, 2010 letter from Mr. Cushman. I think it is important for the Council (and all parties in this litigation) to compare Mr. Cushman's letter with the Complaint recently served on the City and on Mr. Beck in December. Almost every allegation against Grant Beck in the Complaint relates to the Smiths's false belief that he delayed their plat alteration application. Starting on page 6 of the Complaint, the Smiths allege that Mr. Beck "unilaterally postponed the hearing" on the plat amendment application, even though ``expediency was requested." On page 7 of the Complaint, the Smiths allege that Mr. Beck "fabricated obstacles in order to prevent the Smiths from occupying their home." As to the City Council, the Smiths allege that the Council "has no right or proper excuse to withhold" a plat amendment decision. Complaint, p. 9. On page 16 of the Complaint, the Smiths allege: "The City of Yelm is refusing to allow the plat amendment ... The City of Yelm and Grant Beck have no right or proper excuse to withhold these ministerial acts." Part of the relief requested by the Smiths is ``for a writ of mandamus compelling the City of Yelm and Grant Beck to undertake those ministerial acts ..." which include the plat amendment decision. I have had several conversations with Mr. Cushman on the subject of the plat amendment application, and in each conversation, he expressed his opinion that the Council should be immediately acting on his clients' application without further delay. However, in Seabeck Office: P.O. Box 948, 7223 Seawitch Lane NW, Seabeck, WA 98380-0948 Phone: 360-830-0328 Fax: 360-850-1099 Email: carol_a_morris~umsn.com Mayor and City Council Ben Cushman February 21, 2010 Page 2 complete contradiction to the allegations in the Complaint and his previous position, he states the following in his February 16, 2010 letter: Again, I reiterate the obvious: There is no benefit to the City to rush into a denial of the Smith's application to amend the final plat conditions. Your January 12, 2010 determination to `indefinitely table' the matter pending the litigation is acceptable. While we do not know what the end result of that litigation will be, now that the City has been named in the Smiths' lawsuit, your first order of business should not be to take a reasonable and workable solution out of the running. I have no idea why Mr. Cushman has made this abrupt reversal It is certainly not obvious, given that it is the opposite of the relief requested in the Smith's Complaint, which was served on the City in the last week. Therefore, my recommendation is that the Mayor and Council deny the plat amendment application on February 23, 2010 for the reasons stated in the City's Legal Brief. The Smiths' Complaint asks that the City take action on the plat amendment application, and the City should do so. The plat amendment application is not a "reasonable and workable solution" and should be rejected. There has been a death in my immediate family and I very likely will not be able to attend the Council meeting on February 23, 2010. V~~uly~ours, Carol cc: Grant Beck, Brent Dille Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Friday, October 23, 2009 10:22 AM To: John Thompson Subject: Letter Brent Dille Attachments: Untitled.PDF Attached; Opinion Letter Brent Dille RE; Palisades West Building Permit 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Friday, October 23, 2009 10:20 AM To: Pat Fetterly; Mike McGowan; Russ Hendrickson Subject: Untitled.PDF Attachments: Untitled.PDF Attached; Opinion Letter from Brent Dille RE; Palisades West Building Permit 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Friday, October 23, 2009 10:19 AM To: Bob Isom; Don Miller; Joe Baker Subject: Attorney Opinion Letter Attachments: Untitled.PDF Attached Opinion Letter from Brent Dille RE; Palisades West Building Permit 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Wednesday, October 21, 2009 3:42 PM To: Janine Schnepf Cc: Stephanie Ray Subject: Staff Report and attachments Attachments: Letter from Brent Dille 102109.pdf; Staff Report to Council 1027.pdf; Palisades.pdf Are attached, finally! The order should be: Staff Report Palisades (it's an 11 by 17 plan) Letter from Brent Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Stephanie Ray Sent: Tuesday, October 20, 2009 1:36 PM To: Janine Schnepf Cc: Ron Harding Subject: RE: Agendas for your review Hi Janine, One note: Sue has a staff report for the study session re: the 1 % property tax increase. It should be in an email sent to you last week dated 10/15. Grant will be finalizing the staff report for the Palisades West discussion by noon tomorrow after meeting with Mayor Ron. It will be forwarded to you ASAP (by noon). The rest of the agenda's look good. Thanks... Steph From: Janine Schnepf Sent: Tuesday, October 20, 2009 1:29 PM To: Stephanie Ray Cc: Ron Harding Subject: Agendas for your review Attached you will find the 10-27-09 Council meeting and 10-28-09 Council Study Session Agendas for your review. Let me know if there are any changes you would like to see. The agendas and attachments will be posted Wednesday. Thank you, Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax jani nes@ci.yel m.wa. us 3/10/2010 Page 1 of 2 Karen Bennett From: Stephanie Ray Sent: Tuesday, October 20, 2009 1:47 PM To: Janine Schnepf Subject: RE: Agendas for your review Excellent! If I did this more often than a couple of times a year....l would definitely have to come up with some sort of organizational plan....it can get quite confusing whew! From: Janine Schnepf Sent: Tuesday, October 20, 2009 1:42 PM To: Stephanie Ray Subject: RE: Agendas for your review I received it, thanks. I will add it to the agenda. From: Stephanie Ray Sent: Tuesday, October 20, 2009 1:36 PM To: Janine Schnepf Cc: Ron Harding Subject: RE: Agendas for your review Hi Janine, One note: Sue has a staff report for the study session re: the 1 % property tax increase. It should be in an email sent to you last week dated 10/15. Grant will be finalizing the staff report for the Palisades West discussion by noon tomorrow after meeting with Mayor Ron. It will be forwarded to you ASAP (by noon). The rest of the agenda's look good. Thanks... Steph 3/10/2010 Page 2 of 2 From: Janine Schnepf Sent: Tuesday, October 20, 2009 1:29 PM To: Stephanie Ray Cc: Ron Harding Subject: Agendas for your review Attached you will find the 10-27-09 Council meeting and 10-28-09 Council Study Session Agendas for your review. Let me know if there are any changes you would like to see. The agendas and attachments will be posted Wednesday. Thank you, Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Janine Schnepf Sent: Tuesday, October 20, 2009 1:42 PM To: Stephanie Ray Subject: RE: Agendas for your review I received it, thanks. I will add it to the agenda. From: Stephanie Ray Sent: Tuesday, October 20, 2009 1:36 PM To: Janine Schnepf Cc: Ron Harding Subject: RE: Agendas for your review Hi Janine, One note: Sue has a staff report for the study session re: the 1 % property tax increase. It should be in an email sent to you last week dated 10/15. Grant will be finalizing the staff report for the Palisades West discussion by noon tomorrow after meeting with Mayor Ron. It will be forwarded to you ASAP (by noon). The rest of the agenda's look good. Thanks... Steph From: Janine Schnepf Sent: Tuesday, October 20, 2009 1:29 PM To: Stephanie Ray Cc: Ron Harding Subject: Agendas for your review Attached you will find the 10-27-09 Council meeting and 10-28-09 Council Study Session Agendas for your review. Let me know if there are any changes you would like to see. The agendas and attachments will be posted Wednesday. 3/10/2010 Page 2 of 2 Thank you, Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Stephanie Ray Sent: Monday, October 19, 2009 8:50 AM To: Janine Schnepf Cc: Shelly Badger Subject: Palisades West Staff Report Hi Janine, Grant and Tim are working on a staff report for the `tabled' Palisades West discussion for council on the 27th. This may be a last minute staff report. I am going to do the best I can to get it to you in a timely manner but I am not sure it will be today. Sorry for the inconvenience ~ Steph Stephanie Ray Project Manager City of Yelm 105 Yelm Avenue West Yelm, WA 98597 Phone: (360) 458-8414 Fax: (360) 458-8417 email: stephanier@ci.yelm.wa.us 3/10/2010 OWENS DAMES FRISTOE TAYLOR & SCHULTZ, P.S. Attorneys at Law E. Robert Fristoe Don W. Taylor Frank J.. Owens Theodore D. Schultz Richard G. Phillips, Jr. Michael W. Mayberry Kirk M. Veis Matthew B. Edwards Brent F. Dille John V. Lyman Denise W. Derricott October 21, 2009 Yelm City Council City of Yelm 105 Yelm Avenue West Yelm, WA 98597 RE: Palisades West Dear Council Members: Street Address: 1115 West Bay Drive, Suite 302 Olympia, Washington 98502 Mailing Address: P. O. Box 187 Olympia, Washington 98507 Phone (360) 943-8320 Facsimile (360) 943-6150 You have asked that I render an opinion as to the liability of the city for issuing the building permit and the feasibility of amending the plat approval to defer the instillation of a booster pump and roll seal. I have met with City staff and reviewed the testimony and materials presented at the public hearing and have the following comments: The City has no liability for issuing the building permit. Dan Lee, the Smith's contractor, testified during the hearing that he was aware of the requirement of the booster pump and pressure sustaining valve ("Roll Seal") at the time he applied for the building permit. I have .further learned. that Mr. Lee worked with Stevc Chamberlain and attended meetings with city staff to go over these requirements prior to final plat approval in 2007. Because Mr. Lee was acting as agent for the Smiths and had actual knowledge of these requirements prior to requesting the building permit, the Smiths are deemed to have the same knowledge and, therefore, cannot now claim they were misled by the city when it issued the permit. Finally the Smiths had or, with reasonable investigation, should have known of this requirement as I am certain the Smiths' title report noted this exception and were provided a copy of the recorded plat prior to or at closing. Consequently, it is the Smith's contractor, Mr. Lee or the developer, Mr. Chamberlain, and not the City, who owes a duty to the Smiths. OWENS DAVIES FRISTOE TAYLOR & SCHULTZ, P.S. Yelm City Council October 21, 2009 Page 2 2. Necessity for Booster Pump I fail to see how we can resolve the booster pump issue. Regardless of whether or not the Smiths can extinguish a house fire, WAC 246-290-230(5) requires that there be a minimum of 30 PSI AT THE METER. I understand that there is only 24 PSI the Smith's meter and therefore the City would be in violation of the above cited WAG I understand the Smiths have installed their own booster pump but it is installed after the meter and, therefore, does not satisfy this specific requirement. I simply cannot recommend a solution that causes the City to run afoul of a Department of Health regulation and jeopardize its water system permit and open the City to administrative sanctions. 3. Compliance with Roll Seal Requirement With regard to the Pressure Sustaining Valve (roll seal), in speaking with Tim Peterson, director of Public Works, the roll seal is necessary even if only one house is connected to the main line in order to prevent an over-pressurization in the waste distribution line. The Smiths' engineer could not guarantee that there would not be an over-pressurization event. Short of a multi- million dollar insurance policy issued by Lloyds of London in favor of the City for damages sustained to other residents, the Smiths' personal waiver of liability and indemnification is frankly, cold comfort. I empathize with the Smiths. They seem like nice folks who were misled by Steve Chamberlain or their builder. Unfortunately, for the reasons set forth above, I cannot recommend the City allow the plat amendment as requested. Very truly yours, OWENS DAVIES F E TAYL R & SC TZ, P.S. ~~~~~ ~ Brent F. Dille BFD/so N:\BFD\Yelm\Palisades West\Council Ltr 102009 rev BFD.doc I OF THFp~~ 4w 9. YELM WASHINGTON City of Yelm STAFF REPORT To: Mayor Ron Harding Yelm City Council From: Grant Beck, Community Development Director Tim Peterson, Public Works Director Date: October 1, 2009 (for October 12 City Council Meeting) Subj: Palisades West Subdivision Alteration Recommendation Deny the request to alter the Palisades West (formerly Forrester Heights) subdivision in order to remove two conditions noted on the face of the final subdivision relating to issuance of certificates of occupancy prior to the installation of a booster pump station and sewer roll seal. Background On August 24, 2009, Ben Cushman, on behalf of his clients Andrew and Cynthia Smith, applied for an alteration of the Palisades West subdivision. Specifically, the request is to amend two conditions noted on the final subdivision, as follows: No building permit shall be issued within this subdivision, except for Lot 15, until a booster pump is installed by the developer and approved by the City of Yelm which provides adequate fire flow per the International Fire Code and City of Yelm standards, provided that a building permit may be issued for a model home if a fire protection plan is approved by the City of Yelm Fire Marshal and SE Thurston Fire/EMS. No certificate of occupancy for any habitable structure shall be issued, except for Lot 15, until a sewer roll seal is installed by the developer and approved by the City of Yelm. In May of 2005, the Community Development Department held apre-submission conference with Steve Chamberlain and Dan Lee to review the proposed subdivision. The City's Development Review Engineer noted in the pre- submission report that: March 10, 2010 Page 1 of 4 "This project location is on top of a hill. 1 would highly recommend that you have your engineer look at the elevation of the location and how it is going to effect the hydrant operation. This location is 6 feet higher than the base of the Baker Hill Water Tower. " The subdivision application was subsequently submitted in January, 2006, by FH1, LLC, with Dan Lee as the applicant's contact. The Environmental Checklist, prepared and signed by Dan Lee, indicated that "The project will require the installation of a booster pump station for the water system. Design of the booster pump will be accomplished during the final civil design for the project." The staff report to the Hearing Examiner in September of 2006 stated that: "The City of Yelm's current water system cannot provide the fire flow and water pressure that is required to serve this proposed subdivision due to the significant amount of topographic relief, and the project is approximately the same elevation as the City's water reservoirs. Service of the City water system will require the installation of a booster pump. Civil plans shall include an analysis of the water system and propose appropriate mitigation measures. " The Hearing Examiner, in his decision to approve the preliminary subdivision on September 27, 2006, found that: "The City of Yelm will provide both domestic water and fire flow subject to the applicant paying the connection fee. Furthermore, due to the height of the parcel, the applicant must install a booster pump to provide both fire flow and domestic water pressure. " Based on this finding, the Examiner attached the following condition: "Civil engineering plans shall include an analysis of water system pressures and propose appropriate mitigation for probable low pressure flows at the project site, such as a booster pump." The developer, however, requested during the civil plan review process that the water system be installed prior to designing a booster pump station in the hopes that pressures would meet fire flow without the booster pump. This approach was approved by the Development Review Engineer on March 20, 2007, but with the following caution: "After the installation of the water system, the water system will need to be tested to verify if the system is going to meet the fire flow requirements and domestic pressure requirements. The testing perimeters, target flow and target pressures will be determined by the Public Works Department and only the Public Works Department. If the installation does not meet the testing March 10, 2010 Page 2 of 4 requirements as set forth by the Public Works Department then the subdivision will not be approved and a final plat application will not be accepted by Community Development Department. " "This approval has been granted to allow the system to be installed and tested to verify exactly what additional improvements may be needed to serve this subdivision. The above approval does not guarantee that the existing system will be adequate to serve this application. " Additionally, it was determined through the civil engineering review process that a pressure sustaining valve would be required to be installed in the sewer line in order to equalize pressures in the STEP sewer system. The Development Review Engineer noted in an October 2006 letter that: "Due to the elevation difference between the proposed project, existing City conveyance system and treatment plant, a roll seal pressure reducer will be required on the sewer main at the bottom of the hill. This shall be designed and provided by a City consulting engineer. They will be providing one plan sheet to be inserted into your construction set. " At the request of Steve Chamberlain, who wanted to convert construction financing to long term financing, the City Council approved the final subdivision with the following conditions: "No building permit shall be issued within this subdivision until a booster pump is installed by the developer and approved by the City of Yelm which provides adequate fire flow per the International Fire Code and City of Yelm standards, provided that a building permit may be issued for a model home if a fire protection plan is approved by the City of Yelm Fire Marshal and SE Thurston Fire/EMS. " "No certificate of occupancy for issued until a sewer roll seal i. approved by the City of Yelm." any habitable structure shall be installed by the developer and On June 2, 2008, Dan Lee, representing FH1, LLC, applied for a building permit for the booster pump station. On July 8, 2008, the civil plans for the pressure sustaining valve were approved. On July 23, 2008, the civil plans for the booster pump skid were approved. On September 5, 2008, Dan Lee, at this point representing Triance Homes, applied for a building permit to construct a residence rather than a model home and submitted a building permit on behalf of Mr. and Mrs. Smith on lot 15 of the subdivision. Gary Carlson, Building Official for the City, confirmed with Mr. Lee during the building permit review process that a certificate of occupancy would March 10, 2010 Page 3 of 4 not issue for the structure until both conditions noted on the recorded subdivision were satisfied. The permit was issued on September 17, 2008. As completion of the dwelling neared and it became clear that the developer was not proceeding diligently with the construction of the booster pump station or pressure sustaining valve, John Rowland, Building Inspector, repeatedly warned the contractor that a certificate of occupancy would not be issued for the building. As a result of these warnings, the City was approached by Steve Chamberlain to explore alternatives to the booster pump station. Staff from Community Development and Public Works spent considerable time and effort exploring ways that fire flow could be provided, including water storage tanks within the development, an upgraded fire sprinkler system within the home, and the installation of a smaller fire booster pump designed to serve only one home. In the end, no alternative was found that could replace the original requirement of a booster pump station. On December 23, 2008, the City sent a letter to Steve Chamberlain memorializing the need for the installation of the water booster pump station before issuance of a certificate of occupancy. Current Situation The policy issue before the City Council is whether to waive a clear requirement of the International Fire Code and Health Regulations and knowingly allow occupancy of a dwelling unit in which these requirement for fire flow and residential pressures cannot be met. March 10, 2010 Page 4 of 4 Karen Bennett From: Janine Schnepf Sent: Thursday, October 22, 2009 8:34 AM To: Stephanie Ray; Grant Beck Subject: RE: Staff Report and attachments FYI - Councilmember Isom is excused from Council meeting 10-27-09 and Study Session 10-28-09 -----Original Message----- From: Stephanie Ray Sent: Thursday, October 22, 2009 6:01 AM To: Grant Beck; Janine Schnepf Subject: RE: Staff Report and attachments Thanks Grant & Janine... Steph -----Original Message----- From: Grant Beck Sent: Wed 10/21/2009 3:42 PM To: Janine Schnepf Cc: Stephanie Ray Subject: Staff Report and attachments Are attached, finally! The order should be: Staff Report Palisades (it's an 11 by 17 plan) Letter from Brent Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto:grantb@ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 1 Release by Smith's. The Smith's, for themselves, their heirs, successors, assigns, agents and representatives (both individually and in their representative capacities) hereby release and discharge the City of Yelm (the "City") its officials, directors, attorneys, employees, staff, insurers, heirs, successors, assigns, agents, and representatives (both individually and in their representative capacities), of all past, present or future claims, penalties, damages, obligations, demands, costs and causes of action of every kind or nature whatsoever, known or unknown, liquidated or unliquidated, matured or contingent, Choate or inchoate, whether based in statute, tort, contract or other theory of recovery, which may now exist or hereafter accrue by reason of any acts, omissions or transactions, occurring to the date of this Agreement or occurring hereafter and arising out of or relating to the approval of a plat amendment to Palisades West and the permitting of the Smith's residence located on Lot 15, therein. Indemnification. Smith's do hereby agree to indemnify and hold the City harmless from and against and agrees to defend the City against any and all losses, claims, damages, liabilities and obligations of any kind and description, including any attorney fees incurred by the City in investing, defending or settling such losses, damages, liabilities and obligations, arising out of the Palisades West Plat Amendment dated and matters directly related thereto including any future Department of Health requirements should additional water system improvements be required to provide adequate water pressure at the meter of Lot 15, approval of occupancy of the home without providing required fire flows, and any and 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 The City agrees to give prompt notice to Smith once the City has actual knowledge of any claims as to which indemnity shall be sought, and shall permit Smiths (at their expense) to assume the defense of any such claim or any litigation resulting there from; provided that counsel for the Smiths, who shall conduct the defense of said claim or litigation (including appeals), shall be reasonably satisfactory to the City, and the City may participate in such defense at its own expense; provided, further, that the failure by the City to give notice as provided herein shall not relieve Smith of their obligations hereunder. The City, in the defense of any such claim or litigation, shall, except with the consent of Smith, consent to the entry of any judgment or enter into any settlement that does not include as an unconditional term, the giving by the claimant or plaintiff to Smith of a release from all liability in respect to such claim or litigation. Insurance. Smith's Insurance Requirements. Smith shall maintain the following coverage in the following amounts: (1) Commercial General Liability Insurance covering the insured against claims of Bodily Injury', Personal InjuryZ and Property Damage, arising out of Smith's assumed liabilities or use of the their property, including the performance by Smith of the indemnity agreements (including liability for complying with any Department of Health requirements) as set forth in this Agreement, for limits of liability not less than: (i) Bodily Injury and Property Damage Liability $1,000,000.00 Each Occurrence and $2,000,000.00 Annual Aggregate3; and (ii) Personal Injury Liability $1,000,000.00 Each Occurrence and $2,000,000.00 Annual Aggregate. Liability policies obtained should be extended to include Contractual Liability4, Fire Legal Liability5 and Premises Medical Expenses6. (2) Property Damage Insurance covering any damage to the City's sewer system due to lack of a sewer pressure sustaining valve or claims by others for claims against the City by the homeowners, including bit not limited to, for odors or the cost of installing the booster pump station previously approved for the Palisades West subdivision in the event the station is required to be installed by the Department of Health or damage to the internal home plumbing or due to insufficient fire flow to the Palisades West plat, loss caused by fire. Such insurance shall be written on an all risks of physical loss or damage basis, for the full replacement cost value new without deduction for depreciation of the covered items. 'Injury to the body of a person. The term is usually specifically defined in liability and health insurance policies and there are variations in individual definitions. Injury to a person other than bodily injury. Liability for personal injury from such wrongs as defamation, false arrest, invasion of privacy and other intentional torts usually can be insured through an endorsement to a standard general liability policy. 3The maximum amount of coverage that an insurer will pay for all losses during a specific period of time, usually the contract period, no matter how many separate accidents may occur. 4Liability assumed by contract or agreement, and which would not otherwise exist. 5 Coverage for bodily injury and property damage as a result of fire to premises to you. 6 Coverage which responds regardless of fault and will pay reasonable expenses for the following: first aid; medical; surgical and dental services; ambulance, hospital, nursing and funeral services. (3) Form of Policies. The minimum limits of policies of insurance required of Smith under this Agreement shall in no event limit the liability of Smith under this Agreement. Such insurance shall (i) name the City of Yelm, and any other party so specified, as an additional insured; (ii) specifically covering the liability assumed by Smith under this Agreement; (iii) be issued by an insurance company licensed in Washington State and rated A + XII or better in "Bests" Insurance Guide, or such other companies as approved by the City in its sole discretion; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by the City is not excess and noncontributing with any insurance requirement of Smith; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days prior written notice shall have been given to the City; and (vi) contain a cross liability' endorsement or severability of interest clause acceptable to the City. Certificate of Insurance. A certificate of insurance coverage issued by the insurance carrier for each policy of insurance required to be maintained by the Smiths under this Agreement shall be delivered to the City upon or before the approval of the plat amendment and thereafter, with respect to policy renewals, within thirty (30) days prior to the expiration of the term of each such policy. Each of said certificates of insurance and each such policy of insurance required to be maintained by the Smith's hereunder shall expressly evidence insurance coverage as required by this Agreement. All such policies shall be written as primary policies not contributing with and not in excess of coverage which the City may carry. In the event any insurance premium remains delinquent for more than seven (7) days, the City may, upon ten (10) days written notice to the Smiths of such delinquency, elect to pay the insurance premium and the amount of any premium, plus interest at the rate of twelve percent (12%) per annum, and costs, including reasonable attorney's fees, shall, in accordance with RCW shall be a lien upon the Smith property. The said lien for payment of such insurance premiums and charges shall have priority over all other liens and encumbrances recorded or unrecorded. Suit to recover a money judgment for unpaid insurance premiums shall be maintainable without foreclosure or waiving the lien securing the same. 'Liability between two different insurers of a single liability insurance policy. A cross liability clause says that each insured will be treated as though the policy applied separately to each. Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Friday, October 30, 2009 3:19 PM To: Ben Cushman Cc: Tim Peterson; Grant Beck; Ron Harding; Ron Harding; Shelly Badger; Stephanie Ray Subject: Release Language Attachments: Release Language.pdf Ben, Attached please find the City accepted release language which would be required to be included in any amendment to the Palisades West Plat. We still need to address the liability of the Smith's successor. Please call ore-mail me with any questions or concerns. Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~]L~]E~ ~ ~~C]H[l[J1]L~'7, ~o~o 1115 West Bay Dr. P.O. Box 187 Olympia, WA 98507 360-943-8320 360-943-6150 (Fax) CONFIDENTIAL INFORMATION: This email message and any attachments accompanying it may contain confidential information, including information protected by attorney-client privilege. The information is intended for use only by the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, please do not read, disclose, reproduce, distribute, disseminate, or otherwise use this transmission. Please promptly notify the sender by reply email and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclaimer. To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended to be used, and it may not be used, for (1) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (2) promoting or marketing to another party any transaction or matter addressed herein. 3/10/2010 UWENS DAMES FRISTOE TAYLOR & SCHULTZ, P.S. Attorneys at Law $. Robert Fristoe Don W. Taylor Frank J. Owens Theodore D. Schultz Richard G. Phillips, Jr. Michael W. Mayberry Kirk M. Veis Mat#hew B. Edwards Brent F. Dille JoEui V. Lyman Denise W. Derricott October 21, 2009 Yelm City Council City of Ye1m 105 Yelm Avenue West Yelm, WA 98597 RE: Palisades West Dear Council Members: Street Address: 1115 West Bay Drive, Suite 302 Olympia, Washington 98502 Mailing Address: P. O. Box 187 Olympia, Washington 98507 Phone (360) 943-8320 Facsimile (360) 943-6150 You have asked that I render an opinion as to the liability of the city far issuing the building permit and the feasibility of amending the plat approval to defer the instillation of a booster pump and roll seal. I have met with City staff and reviewed the testimony and materials presented at the public hearing and have the following comments: 1. The City has no liability for issuing the building permit. Dan Lee, the Smith's contractor, testified during the hearing that he was aware of the requirement of the booster pump and pressure sustaining valve ("Roll Seal"} at the time he applied for the building permit. I have further learned that Mr. Lee worked with Steve Chamberlain and attended meetings with city staff to go over these requirements prior to final plat approval in 2007. Because Mr. Lee was acting as agent for the Smiths and had actual knowledge of these requirements prior to requesting the building permit, the Smiths are deemed to have the same knowledge and, therefore, cannot now claim they were misled by the city when it issued the permit. Finally the Smiths had or, with reasonable investigation, should have known of this requirement as I am certain the Smiths' title report noted this exception and were provided a copy of the recorded plat prior to or at closing. Consequently, it is the Smith's contractor, Mr. Lee or the developer, Mr. Chamberlain, and not the City, who owes a duty to the Smiths. OWENS DAVIES FRISTOE TAYLOR & SCHULTZ, P.S. Yelm City Council October 2l, 2009 Page 2 2. Necessity for Booster Pump I fail to see haw we can resolve the booster pump issue. Regardless of whether or not the Smiths can extinguish a house fre, WAC 246-290-230(5) requires that there be a minimum of 30 PSI AT THE METER. I understand that there is only 24 PSI the Smith's meter and therefore the City would be in violation of the above cited WAC. I understand the Smiths have installed their own booster pump but it is installed after the meter and, therefore, does not satisfy this specific requirement. I simply cannot recommend a solution that causes the City to run afoul of a Department of Health regulation and jeopardize its water system permit and open the City to administrative sanctions. 3. Compliance with Roll Seal Requirement With regard to the Pressure Sustaining Valve (roll seal), in speaking with Tim Peterson, director of Public Works, the roll seal is necessary even if only one house is connected to the main line in order to prevent anover-pressurization in the waste distribution line. The Smiths' engineer could not guarantee that there would not be an over-pressurization event. Short of a multi- million dollar insurance policy issued by Lloyds of London in favor of the City for damages sustained to other residents, the Smiths' personal waiver of liability and indemnification is frankly, cold comfort. I empathize with the Smiths. They seem like nice folks who were misled by Steve Chamberlain or their builder. Unfortunately, for the reasons set forth above, I cannot recommend the City allow the plat amendment as requested. Very truly yours, OWENS DAVIES F E TAYL R & SC TZ, P.S. Brent F. Dille BFD/so N;IBFDIYe1mlPalisades WestlCouncil Ltr 162009 rev BFD.dac Page 1 of 1 Karen Bennett From: Grant Beck Sent: Friday, October 16, 2009 9:29 AM To: Janine Schnepf Subject: Handouts Can I get a copy of the engineering letter from the Palisades hearing? Was that the only thing they handed out? Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 OWENS DAMES FRISTOE TAYLOR & SCHULTZ, P.S. Attorneys at Law E. Robert Fristoe Don W. Taylor Frank J.. Owens Theodore D. Schultz Richard G. Phillips, Jr. Michael W. Mayberry Kirk M. Veis Matthew B. Edwards Brent F. Dille John V. Lyman Denise W. Derricott October 21, 2009 Yelm City Council City of Yelm 105 Yelm Avenue West Yelm, WA 98597 RE: Palisades West Dear Council Members: Street Address: 1115 West Bay Drive, Suite 302 Olympia, Washington 98502 Mailing Address: P. O. Box 187 Olympia, Washington 98507 Phone (360) 943-8320 Facsimile (360) 943-6150 You have asked that I render an opinion as to the liability of the city for issuing the building permit and the feasibility of amending the plat approval to defer the instillation of a booster pump and roll seal. I have met with City staff and reviewed the testimony and materials presented at the public hearing and have the following comments: The City has no liability for issuing the building permit. Dan Lee, the Smith's contractor, testified during the hearing that he was aware of the requirement of the booster pump and pressure sustaining valve ("Roll Seal") at the time he applied for the building permit. I have .further learned. that Mr. Lee worked with Stevc Chamberlain and attended meetings with city staff to go over these requirements prior to final plat approval in 2007. Because Mr. Lee was acting as agent for the Smiths and had actual knowledge of these requirements prior to requesting the building permit, the Smiths are deemed to have the same knowledge and, therefore, cannot now claim they were misled by the city when it issued the permit. Finally the Smiths had or, with reasonable investigation, should have known of this requirement as I am certain the Smiths' title report noted this exception and were provided a copy of the recorded plat prior to or at closing. Consequently, it is the Smith's contractor, Mr. Lee or the developer, Mr. Chamberlain, and not the City, who owes a duty to the Smiths. OWENS DAVIES FRISTOE TAYLOR & SCHULTZ, P.S. Yelm City Council October 21, 2009 Page 2 2. Necessity for Booster Pump I fail to see how we can resolve the booster pump issue. Regardless of whether or not the Smiths can extinguish a house fire, WAC 246-290-230(5) requires that there be a minimum of 30 PSI AT THE METER. I understand that there is only 24 PSI the Smith's meter and therefore the City would be in violation of the above cited WAG I understand the Smiths have installed their own booster pump but it is installed after the meter and, therefore, does not satisfy this specific requirement. I simply cannot recommend a solution that causes the City to run afoul of a Department of Health regulation and jeopardize its water system permit and open the City to administrative sanctions. 3. Compliance with Roll Seal Requirement With regard to the Pressure Sustaining Valve (roll seal), in speaking with Tim Peterson, director of Public Works, the roll seal is necessary even if only one house is connected to the main line in order to prevent an over-pressurization in the waste distribution line. The Smiths' engineer could not guarantee that there would not be an over-pressurization event. Short of a multi- million dollar insurance policy issued by Lloyds of London in favor of the City for damages sustained to other residents, the Smiths' personal waiver of liability and indemnification is frankly, cold comfort. I empathize with the Smiths. They seem like nice folks who were misled by Steve Chamberlain or their builder. Unfortunately, for the reasons set forth above, I cannot recommend the City allow the plat amendment as requested. Very truly yours, OWENS DAVIES F E TAYL R & SC TZ, P.S. ~~~~~ ~ Brent F. Dille BFD/so N:\BFD\Yelm\Palisades West\Council Ltr 102009 rev BFD.doc ',.~4 ~~ ~ldF fi~ '~,. / '7~^~~ !l~ Y 11~~ Dale Received 9 iJ b~ J LJ ll G [[[~~~ y ~ ,~ File No. ~' m Commurxity 17euelopment 17epartrnent. l*Ild~1L PL1~T APPLICATrON ~~ ~' !1.! Dl~'~ c !UT ~ YELM ~'~~ f /G~r L'C`771e(--{'f~ L9rJ S GfG~~C~~ ~,~..,a~~>~~.c>, ©o {~~ r>~f nvr- ~~~~ r>~`uc6u~~ ~~ C~i ~ (pvnc~ l o,'~ «(1 / f v-~~ Fee:5~56,90 C'mr~~nt1~.,~r~ -s~~-G (In addition, any professional service charges per Resolution #358) APPOINT1t~IENT REQII UIR&D I<OI~ A1PPLICrtTIQN SUB IMITTAL - Plece Ise call X158-3835 1 Subdivision Name ~Gl `4 SCh ~(~> 61~L~~~ ~ ~~i C~~LI~~ ~ ~ l ~ I f.~{j , ,'~1 ~-- ~ ~~~ `~ ~~~ J Case # and Name of Preliminary Plat Approval ~U~ - ~'~ _ ~ ~` g ' ~ L ~~ r~P ~~~ ~r ~ ~~' ' ` lax Parcel Number{s) c~? ~1Gt rr'iP t7~ GUr~iifi~ L~1`~ "~E~ ~, i ~ ~ ~ ~' ~~ tl ~~'C~ ! .~1~~~ ~ ~~r1' ~fie~e+kHeERr !} y7l~ta C~-rt-~ ~Q ~ r~5(?fl`fi~.`~~rF'_ sr~~va~z r, d~L ~ ~> ~" 1 ~ ~~~' f l l.t>~ h t~G~~YI N e Name -~~~~~. n ~ct~ Q ~ c.~~-- Address Address ~~y C~~~I~>~ CJaUS. C~ lc~ r-,->< ~ ~ c~ ~ Zy~l ~ g ~U I Phone ~1 Fax C~ / 1--7q _ Phone Fax E-mail ~C' t"\ ~U s.:h rmC~ Q? ~{.'6ti'~hl A>>1 ~t~.% , E-Mail ~ ~ ~ }~ C~ I r~ /~ ~ 7 !- 1 ~ ! 7 ~1 ~ ~I `,~ f r.~ , Pf,R~PE-RTYOWNEC2{5} ~v] !-~'~ !~ ENGINLE ~ ~~ - ~',~ ~ r~rYVi.rr~n`5jof`: ifl `f ~lk-~ ~-U'~~f('J~-~ OI.C'f1~•~• ,L~J,"_"..`~`~`> '~~~i~~`~l~i •~y1-I~1 ~~I~jRGi~ 1 - ~ N me N 6'n ,l ~- ~/'s_ F~~~UtL~r~ ~53~~ f(."~•5~n ~~. ~~ ~7r>X~~~ C.Ix~nherl~f.~n ~f--J 1 L~ ~e G~..~-F- T~}~'r ~"} c' Address Address ,~ F'~'' - ~ L(ytJ t-,`~S2r'~G~ t~ r'U"i t ~ ~{'Y~ f ~i'11,~ ~ [`~ •~~~ ~ r'(z~G>t_~ ~ ~ % f'"~2 , -~ ~ . •~L-~ r~ ,jLJ1 ~~ ~. t ~. ~ j • j ~ J ~, ~2 I S~ Phone ~ u~.~(~ Phone Fax E-mail 5 n-,`I'i`lz ._.. ci .--- C- ~ P'tsn .C rJr'rl E-Mail .SIG ~ S ~ C~' rnc;~ ~ , CL~~~'1 LAND USE RREAKD©WN {Calculate to the Nearest Hundredth) _ ~ ~~ . E--} ~ ~ ~l~Un ~~~~I 7r~~n~~PC~ ~ Total Acreago ~--r-7~ ~_^~ )~)') ~r S~ C ~1 ~~ ~~ ~ ~' ~ Number of Sungle Family Residential Lots Number of ultifamily ResidenGai Lots Number of Commercial Lots Number of Industrial Lols Smallest Lot Area Average Lol Area Total Acreage in Open Space Fee in Lieu of Open Space Length in Public Streets Totai Acreage in Public Sireeks Length in Private Streets Total llcreage in Private Streets All of the information on the reverse side of this application is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the application. After this offce has received written aci<nowledgment from all departments required to sign the plaf, the legislative body will be so advised and a date for a public meeting will be set for their consideration. 103 }elrrr Auenue, Liest (JGf)} ,daft-3S3a I'(7I3oc -}79 (JGt71 -ii~4-3I-I~1 kiln Yelnr, }iG5 .7&n"9A a~trta.ci.}•elni.u~u.us CHECKLIST ~- ,~/o`~ /r.~~ ~ lL"v`~`-c! `~v Submitted Missin SUPPOF2TING f7CGl1MEN75 (Submit one copy of each document, unless otherwise noted) 1. Plat Certificate, date not to exceed thirty days prior to submittal. 2. A copy of any deed restrictions app3icab€e to the subdivision. 3. A copy of any dedication rec{uiring separate documents. 4. Approval {signed off punchlist) by the engineering department that the subdivider has complied with one of the fol€owing, A. Alt improvements have been installed in accordance with the requirements of this title and with the action of the aegislative body giving approval of the preliminary p3ai; t3. An agreement and financial security have been executed as provided for in the Subdivision Ordinance to assure completion of required improvements. 5. Mathematical boundary closures of the subdivision showing the error closure, if any {4 copies). e. The mathematical lot closures and street centerline c€osures, and square footage of each parcel (4 copies). 7. Lots containing one acre or more shall show net acreage to nearest hundredth. 8. A phasing plan {if applicable.} 9. A summary explanation is required of how a€€ City Counci€ conditions of approval and SEPA mitigation have been met, 10. Final drawings on disk in Auto Cad format. 1 i. A copy of any Home Owners Agreement 12. A copy of any Maintenance Agreements (Storm Water andlor Open Space.) 13. Warranty Agreement for all improvements. 14. Bills of Sale far Sewer and Water. 15. ©eferral Agreement-- Waiver of Protest (if appticabie.} 16. Storm Water Maintenance Agreement. 17. Water Rights Agreement (if applicable,) 18. Homeowners Agreement. 19. LID Segregation Application (if applicable.) 20. Documentation oT WeEVSepticlOrain field Abandonment. 21. School Mitigation Agreement. 22. Latecomers Payment (if applicable.) 23. Open Space Fee in-lieu of Payment {if applicable.} 24. Any outstanding City fees. 25. As-builts. 26. Plat Map (11 folded copies -rolled not accepted.} 27. One 11 x 17 reduced copy of the Final Plat Map Date Checked: Checked by: Additional Information Requested: Additional Information Received: Application Colnpi jr'Ic ~ ~'c~r~c~ ~~7~~.5 105 Yelm A.uerrue li'ese (3G0) 458-3535 Y013or..179 (3Gt7) 458-31~791~AC S'rhn, 41rA 98597 rnurrc.r.i.1'~1nr.ira,uS RESOLUTION NO. 358 YELM DEVELOPMENT FEE SCHEDULE (All applications are subject to additional professional review and consultation fees)' SUBJECT Presubmission Conference2 Annexation Initiating Petition "Sit~ple"Annexation "Complex" Annexation Appeala Staff Decision Commission Decision Binding Site PIanlSite Plan ReviewlDesign Review Mobile Dome Park Mufti-FamilylCondominium Commercial Site Plan Industrial Site Pian Conditional or Special Use 1 Substantial Shoreline Development Home Occupation Master Plan' Conceptual Master Plan Approval Final Master Plan Approval Ordinance Text Amendment APPLICATION FEE No Fee No Fee $ 350.00 $1 ,250.00 $ 50.D0 $ 100.00 $ 250.00 + $50.00 space $ 350.00 + $50.00 per unit $ 350.00 + $50.00 per 1,000 sp. ft. of gross floor area $ 350.00 + $150.00 per acre $ 506.00 $ 50.00. $1 ,000.00 + costs $1 ,000.00 + casts $ 50o.ao Planned Development District $ 750.06 + $25.00 unit Plats Boundary Line Adjustments $ 100.00 Large Lats $ 250.00 + $10.00 per lot Short Plaf $ 250.00 * $50.00 per lot Preliminary Full Pla# $ 750.00 + $25.00 per lot F~tal.Full Plat $ 750.00 State Environmental Policy Act {SEPA) Environmental Checklist $ 150.00 Environmental Impact Statement $1,500.00 Vacation of Plats, Right-of-Way, & Easements $ 100.00 + $250.00 if approved Variance $ 250.00 Zoning Map Amendment {Rezone)IShoreline Designation $1,000.00 Transportation Impact Analysis Data $ 500.00 k,;ngineering services and Legal services at prcvailii~g rates as necessary #br revie~~~, or as requested by ahplicant. Civil 1ngineering review at prevailing rates. '' Initial 1'resubmission conference at no cl~argc. Additianai assistance requiring engineering acid/or legal ser,~ices will be gilled at prevailir7g rates. ' Al~pcal fees are su~iect to ul~ to a 50%i-cfiwd at the discretion of the final decision-maker upon fsr~ding in favor of the appealing party. Pees Wray be reduced oa- waived by tl~e Ci€y Council u17on a finding of general p~rblic benefit. Combiized multiple aP171ications, excluding environmental review, annexations, and 'I'lA Data, subr~iitted concurrently a€•e discounted by SO% for all fees greatea• €13an the highest individual fee. `€'he above fees do not ii~elude consta~uction permits, recording costs, and fees of other agencies L l.E `7,L 1.1V1~: 11 V ~~.~'~.W O~:{I{~C.I~S, P.S. I3cnC~lsl~n~an~u~Ct~shn~~lnla~~=.coz~~ Mr. Grant Beck, Director Con~n~unity Development Dept. City of Yelm 105 Yelm Avenue West Yelnl, WA 94597 924 C;,1P1'1'C~I, u~:1Y SO~;'Cf I C)I,l Al1'1:1, 1C4\SI IING"ION 9Sj(71 (iGO~ ;~ i~ 9183 I~rlC;Sl\il l,l , (i(13j 9jC-979j August ? I , ?009 RL: Application for Minor Plat Amendment to Palisades West Dear Mr. Beck: ~C)S1'.Plt \CC SC;iiDliRl r1,i~rn;1 ~. cl3Yla•:NU;11.1. ;~.-11 1U :11~>t s I"V'R.E) I X l iRl SG[ ).~ :\i <(1 1I)~I E~I~1-I ~a) IX :U.1iE<r1. C)StE?(;(5\, 11111 EU Xclli'1'll ~::1I2(11.I \':5 is ;I j(1 1UVI E'I"I'EU I ~ ;il. ~5~[~:1, (]RFY.UA, C7.::1VI ar~~~~rs~~~r.t In follow- up to your telepl--one conversation with my paralegal Doreeaa Milward, o~> behalf of Andrew & Cynthia Smith, we are submitting an application for a plat amendlnent to a-nend the tiro conditions or "Notes" added by the City Council to the Palisades West final plat concernizlg the water booster pump station and tl~e sewer roll seal, for the purpose of excluding the Smiths' Lot 15 fi-onl these two conditions. "I~he proposed amended text is shown by underline as follows {for reference;, attached as Lz-hibit A is a copy of the face page of the recorded plat): No building permit shall be issued within this subdivision, except for Lot 15, until a booster pump is installed by the developer and approved by the City of Yelm which provides adequate fire flow per tl~e Internal Fire Cade and City of Yeln3 standards, provided that a building permit nay be issued for a model llotne if a fire protection plan is approved by the City of Yclzxt Fire Marshall and SI: Thuz•ston lire/TMS. 2- No certilzcate of occupancy for any habitable structure shall be issued, except for Lot 15. until a sewer roll seal is installed by the developer and approved by the City of Yelzn. flccording to RCW 58.I7.ZI5 (copy attached as Exhibit I3), plat amendments n7ay be initiated by any interested person, but the applicatio-> needs to be signed by a majority of those persons having an ownership interest i1~ the lots. ~ho prevent confusion or error later in t11e p~-occss, the application form contains the signature of Steve Chamberlain, I~~III. LLC, indicating he agrees with the proposed plat azrzendment. I3ecausc this plat amendment application is probably I_u~usual, I want to identify the reasons why it is needed and the support for why approval should be granted, as well as to clarify the procedure which is to be used. Grant Beck August 21, 2009 Page 2 I'i-occdural Clarifications Although you had discussed a $750 application fee, we see that Yelm's Developn~zent I~'ee Schedule identifies that a minor amendment to a plat has a $350.00 application fee. Enclosed with this application is a check for $350, for what we presume is a minor plat amendment. • In a prior letter to the Smiths' builder, you had identified a Hearing Examiner process that would be needed to initiate a plat amendment, but it is not clear to zrze why this application for a minor plat an~endzncnt needs to first come before the Hearing Examiner in order to provide a recommendation to the City Council. Because it was the City Council who added the tw-o conditions as Notes to the final plat {attached as Exhibit C is an excerpt froze the Council's 12/11/07 minutes), the assumption is that the Council would not need az~ Examiner's z-ecomn~endation to amend their own conditions. We reference the City's Code regarding Decision-Makers at YMC 16.12.1 i 0 which states: "The final decision with regard to each preliminary full subdivision shall be made by the hearing ex.aininer. The final decision with regard to each final full subdivision shall be made by the city council..." l3ased on that reading, once the matter is past the preliminary plat stage, the decisions are made by the City Council. So while a Hearing Examiner would indeed hear requested amendments to preliminary plats, once the: plat is final, it is under the purview- of the City Council. Also refer to YMC 16.36.010: "No subdivision shall be altered except in accordance with RCW 58.17.215. Na subdivision or plat thereof shall be modified or amended except with the approval of the decision-maker vested by this title with the authority to grant original approval of such subdivision..." We would interpret the City Council's added conditions on the f nal plat to be construed as the "original approval." • Further, a public hearing is neither required nor necessary. The requirement in RCW 58.17.215 states: "iJpon receipt of an application for alteration, the, legislative body shall provide notice of the application to all owners of property within the subdivision ... 'I~he notice shall either establish a date for a public hearing or ~~rvvide that a hearing tnay he requested by a person receiving notice ...." (emphasis added). Chapter 16.36 YMC also identifies no requirement for a public hearing to process or enact a plat amendnrzent, and instead cites to the procedures provided in RCW 58.17215. The proposed amendments do not involve boundary changes or any modification to public rights-of--way, sa there should be minimal public interest. Because time is of the essence; the natter could be reviewed and considered by the City Council using a public hearing process during one of its regularly- scheduled meetings. Reasons and Support far the Requested Plat Amendments • On 9117108, the City of Yc1in issued building permit No. BLD-08-0326-YL for the Sn-iith residence. 'T'his permit was based on the application submitted 915108 by the Smiths' contractor, Dan Lee, of Triance Homes. lylze application identifies the building owner as Andrew & Cynthia Smith, and Dan Lee signed the form as "Contractor°'s Agent." On the same date as $14,419.39 in permit fees were received and this Building Permit was Grant Beck August 21, 2009 Page 3 concurrently issued, the City additionally received $2,G75.00 as Lot 1 ~'s school mitigation fund contribution. {Copies of application, building permit, and receipt are attached as Exhibit D.) This building pern-zit issued 9117/08 clearly was not for a model home, which was the only exception allowed undez° plat condition Note #1 {quoted above), a condition that had already been established on or before 2112108 when the Palisades West final plat was recorded. Although we now know that Chore had been some tu~derstandings exchanged between the City and the developer, our clients were not involved in those conversations. They had no idea that the City wasn't supposed to have issued their building permit until after the water booster pump and sewer seal were installed. Ottr clients' construction financing was premised upon the standard procedure that if construction was properly completed, then an occupancy permit would be issued. By the time the Smith house was finished being bulb in April 2009, the economy had completely changed. 'I'lie owner of the remaining lots in Palisades West was not able to obtain the financing he had anticipated, and therefore has been unable to install the water booster pump and sewer roll seal (which we understand will cost about $400,000). Tl-zere are now multiple liens against all of the lots in Palisades West, except for Lot 15 owned by the Snriths, who have continued making their loan payments, even though they are prevented from moving into their completely_finished home. The likelihood of these water and sewer improvements being made in the near future grows zxzore remote with each passing month. In Apri12009, the Smiths and their builder worked to understand and resolve any potential issue regarding fire flow, since water volume for fire protection is the purpose of the booster pump. On 416109, the SE Thurston Fire & CMS wxote a letter {copy attached as Exhibit E) outlining a very plausible plan for fire protection of the Smith residence, complete with two diffez•ent workable options. Fire Chief Rita I Itztchesozz and Deputy Chief Mark King explain that the close proximity of the fire station equates to a quick 3-minute response time, and that there is currently a hydrant on site which provides 500 gallons per minute, and a secondary hydrant at the main road. If the first responder laid a supply line using the secondary hydrant, that would double up the gallons-per-zxzinute volume. Alternatively, a tender response could provide the full fire flow gpm during which tune a second tender would refill and return, repeating this process as necessary. + As for the sewer roll seal, it has been explained that its purpose is to prevent aback-up of effluent during tunes of high-volume use. While an entire new subdivision of homes added to the system might trigger the need for this upgrade, the contribution of one home's sewage usage does not. There would be no adverse effect on the City's sewer utility due to tl~e addition of the Smith home in advance of the sewer roll seal installation. • While it is most unfortunate that Mr. Chamberlain has so far not received the funding to make these improven~tents, the fact is d-zat the Smith residence can be granted occupancy without any adverse impacts to "public use and interest" as that term is used in RCW 58.17.2I5. Grant. Beck August 21, 2009 Page 4 In weighing the factors to decide this matter, we ask the City to give due consideration to the consequences: If the proposed amendments are approved,. the Smiths will be able to move into their home; no fiit•ther houses in Palisades West will be able to be constructed until the water booster pump and sewer seal are installed. As e~cplained above, there will be no adverse impacts to the City due to the addition of this. residence. if denied, the Smiths face a financial catastrophe, and the City still does not get the booster pump and sewer seal installed. Moreover, without the Smith Family residency, there would be no presence at all to sustain the Palisades West neighborhood through this economic slump, thus lessening any chances the area may have for inclusion in the first wave of recovery. Attached as Exhibit F is a 4119109 letter from the Smiths explaining Their predicament. Simply put, there is no benefit to the City to deny the proposed plat amendment. In summary, the Smiths have a beautiful, well constructed llousc that meets all building code requirements, yet they are not allowed to move into it. Not only are they financially obligated to continue making monthly payanents on a house they can't Iive ~in, they also must continue to rent temporary accommodations for their family until this matter is resolved. While it is hoped that tl~e water az~.d sewer upgrades for the Palisades West plat can be built soon, there is no indication that they can. If this standstill is allowed to continue much longer, the Smiths will suffer disastrous consequences, and City still gains nothing. We respectfully ask that Yehn act quickly to approve the requested plat amendments. Thank you. Very truly yours,.. _. ~' . n .Cushman ~-~ BDC/dm Enclosures cc w/ encl: Andrew & Cynthia Smith Brent Dille, Yelm City Attorney Steve Chamberlain, 1~ H l , LLC Dan Lee, Triance Homes ~~ - - f~ 1~ ~ ~ ~ _ ~~ v Cr C.. ~ry ~ (~¢g~~~11 3' tea' w ~ ~ q ~ V z ~~~ h r T o ~ ~n °z a4~ ~^~ O C hU ~ ~z ~ 0 O N .~-- z ti U ~ U y 0 z v: ` ~v~ _ ` ~' V ~ ~ ~~° ~~~ < ~ -~~ 3 _~ oz~ :z x ~~N ---~ } ~ o ° ~ ~ ~S?.E ' w t. S3N X- • ~ 11 E . ~ ~! ~~~`c z ..!! ~ ~ ~ ''-~S ',. rr ' - , ~ ~ ~ f S a ~ -J ~ ff Fr ~y° ~-s ~ ° Y ~ r ~« r ~ ? !o~ ` ~~ U a ~ '3~ ~~ =~ ' ~ ~ 8~~ ~ ~ C!~ :-.. O G-' . ~~ x z ~-.: i ~•~, .v ~; 1 1 r~r-,,~ ~i ~ti ~7 ~ y}t ~ ~ ~ O W 2° ~ ~. x _ ~ 3 ¢ U. ~~ °3H W z ~y~~oY~ ~-°r ~5 ~~'~abe°g ~$^ x~~~ a ~Na,~`~vg a=C ,o~~=~ `` a~r~ ~.^~ ~ ~W Way. H ~~~~~ ~ m c>_nv 3< =~R~ ~ 3 x4 3~V'<+'~~~~ ~~aa ~xa~°`oa ~y'S ~C @~~~p~}~ ~iybT GkZ~ei'iZ2a~ px~b ~~~~xw~~r °t~ o~.,..zyVn~r ~~a' ~~~~~`z&~w ~~~~ ~Ex~S~7'§ a°~~ y~~r~~~x~e ~_}~ bY7 Y Ck ~ =~~.a ry$~~EYS~rY z=aH-'~~~r~ ~~ex - ,~a~"~ w c,~~°~°~~~ aS~- a~%.'"x. z~ s t ~=7 ~ Y- 3~~a~~~ i QotYc tL .c o~~iffy ~~= A~ff ~,_=~a8 ~O°uq u~i ~;o„ - , ~ az~a~; ~~~`,~~~ ~"=x ~~°W __~ 3~°~a~ _~"~W~ Q~.x°.~Sn~: ~~o~~x~ YV~~plw~°_ $~~~a~z~ ~atl .=~48 y~~~~$~ d~~3~~~ __~~~-oi i ~ ~ g, b a x ~ ~ i o ~ ° ~ ° s. s s~ A ~ _E ~ ~ ~ R ~' e t SY ~ i ~r ~~ g4E s. t~ ', a ii 2 ~~ ~~ K ~l~l Tj :n kC ~` ~ ~~ ~~ E-~av <'~~_~ Y ~- ~a 3 ~; ~~{~ < 3s ~ x~ ~:~ ~ ' ~~ y ~f~ ~~- ~' i--~ ( ~ z ~ .~~.1 ~Kryy~ ~,' ;` i ~i x Q'' i z ~ ~~ i 'a o ~ ~g E j ~I t~ :.~ ~s~.~y ?< ~C 3i 5 < ~~ O.h sl ~-• a ~ ~ E ~~}- _ ~~ I5 ~t`~~ -0? s 3 ``}:Z t1 ~ ~` ~ ' ~ v{ ? a;~ M~ e ~ ~ O e r~r, S ' ~ _ ~ ~ ~ ~ ~~ ~ ~ 75< x p3 ~ ~ k ~ < Y ~i• ~~ ~ '~- k 2 L i~ ~ ni <~~~ 3 a . ~ J ~ ~+ ~ 5JJ x ;~iSf~ ~~ ~~~ A+'i ~~ O c~~3 O z Ui ~=as C; + ~E ~_~ xnq ~~~ x Y7C ~ $b< x ~x3 = i~~ ~ w ~ ~o~~ ~ i s~~ a~ a '~y: S<r Y~ ~~C ~n` n~ sY .;Y ~c 3z"~ ~¢ :a~a ~~ °5<= ~S '~'<~ .~ z~ x ~3a~ ~ Y~~~ ~x .lord f{~ x a=~'a ~~ 2a4^ ~~ 3a~~ 3a F'r' r.. ~IaY #c' O ~`°~x :3 ~ _~a~ ~~ O ~ '3 ~ ;~ j ~' c c `Y ~ ~Q ~ ~~ ~ d a ~ ~ x .. __. L`~ ~ ~ ~~ p ~ ~`~ ~ a a d ~ ado b ~ ~ < ~ ~ N f 3§~ ,~$ q ~I ~ ~~~ ~_ c ~ ~~., ~~ ° JAI $ J Uw; H ~ : ~ ;~ a s , ff y ~ Y~~ e N t _y: ~ ~a~ y3ck V ~ ~~w C ~ a ~ ~ vv S a 3 < ~ ~ _ < `:`x a ~ ~ < ~~ ~~ ~ ^°a ~~~ ~ ~ s i ~ h~? ~ 3 ~ ~~ ~ ~ ~ .x a ~ 3x~ 3~H ~; a C a z L' ~r~ ~ i x i }I ~'} J~C k~~ ° 2 ~<` A riyK a E ` j N4~ ~ a~i < 11 o ~~ x c$ ~ ~ ~ e ccz V' ~o o q < j ~ x ~ ° .. '~' ~ rO ~ ~ ~' `~~e ~ s ~ pp71 4 E ~ t `' ~. 3~ u es ~ Y ~ w ~~? ~ R~.24 r ~ ~ ~ Q ~ ~ W- , :,` Y ~ ~ e4 U a ~ ~ ' ~~ ~ ` ~ '5s Q a x aa$ $ ~ `a ia ~ ~ ~ ~ h ~~~z d S yl~~ ,s ' ' ~~ ~ CJ a =tt~x ~ a ss ^ ~w z Q 3 '» r a y ~ ~; ~ X=63 s v, 6 Ty <`c i s ~~Y ~~a5 fix ~3n ?<: Y,,a- '~'<= ay,- i-~.~+ ~~1: 3~ra L~C~ Y~%~' z~: =as ;z~~ ~n-_ ~~~x ~`S; _~;~ ~, V]~~~ ~ n ~~: ~~ :~` Z?~ ~:~< _ 3 r m ~ q h ;i ~.. ~~T ~xn ~ ~. _?c .ti aj ~. Q ;moo MKS ~~i+i~Rn:nuruiriEfr..i~i~ srur<r~i€ •] r L ! I~ ~ J ~-- K~.41 ~~. l l.~ 1 ~: ~--11tcr~ttiota ui st~bc.i~~ ist~u _ k't~occdt~t~~_ RCW 58.17.215 AEteratian of subdivision -Procedure. 1'ti~c l v t~ 1 When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in F2CW 58.17.040(6), that person shall submit an application to request the alteration to the legislative authority of the city, town, or county where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant. the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivssion or portion thereof. Upon receipt of an application for alteration, the legislative body shall provide notice of the application to ail oavners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt o€ the notice. The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. After approval of the alteration, the legislative body shall order the applicant to produce a revised drawing of the approved alteration of the fine! plat or short plat, which after signature of the legislative authority, shelf be filed with the county auditor to become the lawful plat of the property. This section shall not be construed as applying to the alteration or replotting of any plat of state-granted tide or shore lands. [1987 C 354 § 4.j ~~;,; `~' ; `L http:Uapps_1cg.wa.go~°IRC~Uldefatilt.asp~:'citc=~S.l'7.21~ S~ 19;'2OUt) ~.j; CCU'' ,~ fit" YELM G[TY COUNCIL REGULAR MEETING TUESDAY, DECEMBER ~~, 2007 MINUTES Call to Order - {Mayor Harding called the Prleeting to Order at 7:3G pm. 2, Roll Gall -Present: Jae Baker, Bob lsorn, Mike McGowan and John Thompson. Excused: Oon ~'vtiller, Pat Fetterly. and Russ Hendrickson. 3. Agenda Appra~ai 7-105 MOTION BY BOB fSOM APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentation -Thurston County Waste Management Recycling Program Update. Terri Thomas provided handouts for the Council on the various programs that are new and improved including; food waste recycling into compost for schools and businesses, choosing waste free holidays by gifting experiences rather than things, adopting sustainable recycling in the workplace and other educational opportunities that will be available to reduce waste in the landfill and improve participation in recycling. Waste Management is working with LeMay Garbage and Recycling as well as learning from the customer service sur~seys. Public Comment- l•~layor Harding called for public comment. Paula Minkler from Roy has formed a Substance Abuse Coalition with the cooperation with County Law Enforcement, the Yelm Police Department, Schools, Discovery Counseling and others in the community far prevention of abuse of alcohol, tobacco and illegal drugs through a supportive outreach program. 6. Consent Agenda a. Minutes: November 27, 2007 Regular Meeting b. Payables -Totaling 5346,085.41 c. Payroll -Check ~i2774-12899, totaling 5348,320.98 d. Financial Report -November Month End Report e. Park Use Requests: Yelrri City Park, YHS 1978 Reunion, WulfekuhlelPorter. July 13, 2008, 100 7-106 MOTION BY JOHN THOMPSON APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED. 7. a. Public Hearings 2008 Budget Hearing was continued from the 11-27-07 Council meeting at 8:52 pm. There =vas no comment to the budget presentation provided and the Public Hearing was closed at 7:53 pm. 7-107 MOT[ON BY BO[3 ISOM ADOPT[NG ORDINANCE NO. 88fi, CfTY OF YELM 2008 MUNIC[PAL BUDGET FOR THE CALENDAR YEAR 2008. CARRIED. 7. b. Public Hearing for Fire Impact Fee Establishing New Rate, [mpact Fee Funding Use and Emergency Medical Protection Agreement. fl-tayor Harding opened the [public Hearing at 7:55 pm to hear comments on the proposed Fire Impact Fee Increase and Funding Use for ,hose fees along with an update to contract with the Yelm Fire District for Emergency Medical jsfcity councilf2o07 Page 1 of ~IJy. l~l~];~r L Protection. Grant Beck opened with an explanation that the hearing for the new rate is continued and would cover each of three subjects under one related topic. He provided a power point presentation on the background of the prccess to adopt and expend those fees collected under the Gro~~vth Management Act and Capital Facilities Plan far both the City and the Fire District. The proposed fee was designed fo rneet the increased demands for equipment identified in the 6 year plan for a growing city and would impact the builders at the time of permitting from x.21 to x.32 per sq ft of a building project. The current protection agreement expires at the end of the year. This proposed agreement would be extended for a three year term. fviayor Harding closed the Public Hearing. 7-108 MOTION BY BOB 1SOM TO CONTINUE THE PUBLIC HEARING TO JANUARY 8, 2008 70 HEAR COMMENTS ON ESTABLISHING A FIRE IMPACT FEE OF 32 CENTS PER SQ FT OF NEW CONSTRUCTION. CARRIED. 7-11)3 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIGN INTERLOCAL AGREEMENT WITH THE YELM FERE DISTRICT {SE THURSTON FIRI=IEMS} FOR APPROVED FIRE PROTECTION FACIL]TIES. CARRIED. 7-110 MOTION BY JOHN 7HOMPSON AUTHORIZING MAYOR HARDING TO SIGN INTERLOCAL AGREEMENT WITH THE YELM FIRE DISTRICT {SE THURSTON FIRE EMS) FOR EMERGENCY MEDICAL PROTECTION FOR THE PERlO^ OF JANUARY 1, 2008 TO DECEMBER 31, 2010. CARRIED 8. New Business a. Ordinance No. 887, 2007 Year End Budget Amendment. Tanya Robacker reviewed the staff report to amend the 2007 Budget to appropriate variations in both revenue and expenditure to balance the budget including; transfers, donations, and expenditures. 7-111 MOTION BY BOB iSOM ADOPTING ORDINANCE NO. 887 AMENbfNG THE 2007 BUDGET AT YEAR END FOR REVENUE AND EXPENDETURES. _._...CARRIE.D......._ _ ... _... __ b. Palisades West Final Plat. Nisha Box stated from the staff report that conditions of the preliminary approval have been met including; hillside preservation landscaping, useable open space between Phase I and li and a street connection to connect the two. A booster station for water and sewer service is to be completed prior to final occupancy permitting. 7-112 MOTION BY ,10E BAKER AUTHORIZING MAYOR HARDING TO SIGN THE FINAL SUBDIVISION APPROVAL FOR PALISADES WEST SUB-05-048-YL. CARRIED. Yefm Atln ~/~facY LIf`1 ~h~co I! ~`nn¢,4r:.'rt~^,:: f`~nFru~f 1]~~~arM_1111~nY anu vr. Earthwork and Utility Contractors, LLC, inc. Jim Gibson reviewed the staff report on the history of the LID formation and Financing. Earlier in the day, twelve bids were received and reviewed by Engineering. VVeod and Son Earthwork and Utility Contractors LLC is the low bidder and within the Engineers estimate far construction of Phase il. jslcEty cc~nci1i2007 Page 2 of C 12. Correspondence provided for rEview included; Agenda for Thurston Council on Culture! Diversity and Numan Rights, AVVC Small City Advisory Committee Vacancies and Let.er from unknown citizen regarding Circulator's Rights to Petition. Attest: ~,~ 1 nine A. Schnepf, City C[ k s,city counciii2QQ7 Agerld~l Item ~)1. Page 4 of G 3. Adjourned: 8:35 pt~ CITY DF YELM RE5[DE~fTIAL f3fJILDiiVG PERMIT APPLfCATfON FORM PfCJ2C;Addrepss: 7 ~1G~5r? ~ SG Parcel #. ~ ~//O UO /5C?O Subdivisicn: f',~c,,5>~p~ S GL~~S j' Lot #: /~, Zoning; ~Sr ; is?L ;~ New Construction ~.- Re-~'Vlodel ! Re-Roof i Additicn ~ Home Occucation Sign ~° Plumbing 'J Mechanical -~: Mcbife 1 141ancfacured Hor;',e Placement ~ Qther Project Descri}pyficnlScope of tiNcrk: 1ti1c+-~' Z-S~cE~ 1( Project 'dalue: `#~ ADO, D0~ B~.=ilding Area (sq. ft) 151 f=loon /;~ 2od Ficcr `T01 Garage 7. /,~ peck Basement Carport Patio # Bedrooms ~ # Bathroorrs?r/~ ~iea;ing:~OTi-~E.R or ELECTRIC (Csrcfe One) Are there any environmentally sensitive areas located on the parcel? ~.~ If As, a completed environmental checklist r;iust acccm am y~ p y permit applicaticri, BU-(i~DING`.OW(~ER NA~14~E: /~ ~ ~ ~ t / ADDRESS ~,.J E~bfAIL CITY ~Xv STATk_~~ -ZIP1zS~TELEPHONE - ~.. ARCH€.TcC~I.Ef!1GlNEER ~Lry [-;~tf~inJSC?LICENSE # ADDRF~SSID~a~ S~ Lv~-~yvil~r~r.>tJ v EMAIL l rr ~t 2~ CfTY ~"~ ~ i L ~ D STATE ~R Z1P l X72/S"..TELEPHONE Z - ~ Z ~r Z. ~~r~~~a~co~v T;~ac~:.OR r~e~~~vc ~ ~r M~-s TELEPHONE~_~ .~ ~ -- p Z . :. ADfaRESS dZ~ b~~^ , ~ f S ~,~ . t~ r Eiv1AIL G1TY L~-C~-j STATE GJ ZIP `~~'S a 3 FAX b - - Z 9 y~ CDNTRACTOR'S LICENSE # -~~ I¢froC~EXP DATE~CITY LICENSE # OO2 ~' I~LUMf31IVG;:.COt~TRAC`~:OFZ TELEPHONE ADDRESS EMAIL C I~ STATE ZIP FAx CONTRACTOR'S LICENSE # EXP DATE CITY LICENSE # MECH;4~VICAL-CO~VTRACTO€~ TELEPHONE ADDRESS... EMAIL CITY STATE ZIP FAX CONTRACTOR'S LICENSE # EXP DATE CITY L ICENSE # Copy of mitigation, agreement with Yelm Community Schoeis, if applicable. I hereby cerfify that the above information is correct and that the construction on, and the occupancy and the use of the above described property will be in accordance with the laws, rules and regulations of the State of Washington and the City of Yetrrs. `~~ ~~ S ~~ AppEicant's Signature ~ ' Date Owner! Contractor I Owner's Agt?nt 1 C ` tractor's Agen {P[ease circte one.) Alf permits are non-transferable and wi[f expire if work authorized by such permit is not begun within 980 days of issuancE, or i€worf< is suspended or abandoned for a period e€ 18Q days !OS Ye1rn d~rerur. 6S'cst _ -. (360J 9a8-3E35 PO 73o r t 79 Ct -" r` ~-° i ~ ~ -- Ycirn, i~i'<1 38x37 (3G0) 4aa'-3P/~t F.~3.h~ ~. ~.. ~ f `- i ~~ ururrv. c i. rc Ir7e. a>rr. tas i5sc2 ~23 /~ ~ti 21 E, W~ ~w3 c~: ~ ,~ ac:;;;~ ~ raaaa i .` ~ ((f~~' ~4 1 \ ~ ~~~ ~} I j VICINITY ~1AP rr.t.s. ~: ~Ti ~.. ~ _, ."_. .. _. ._ ..__,.. ,.. _ ____. _. t 1 1 1 1 1 1 1 1 -d 1 'S 1 1 ;,> > ~ t s~ ~ 1 JIr ___ ~ ` .~____ ~ QOI CJ ~.- ~ ~' 4 I E I _ -----_~ I ~-------- ~ -- ~___ ~ ! I I I I li I I I I I ~ I r J I E ~ I ~ I _• I i L~ I~ I ~ ~r7 I 0 1 ~~ o ~~ ~I ~ ~ ; ~~ r ~ ~ ~ I f I I ~ I r ~ 1 ~} ' # ~ ~ I~ I 1 ~3UILDf_ NC ~tJV--LDP~~ I i ~ ~ _O' I ~ ~ ` F -_------__J f o I ~1.~ ~ l CV I r ~QI - _~ - f ~ a# 5 ~ I C ~ ~; ~: o s K I~ ~ (EP I IIE Sr I Ic e O z ~/? ~ Vr-1 ,: ~ t!? Cj _; .~ `~ 1 oom t~ ~~~ o~ ili~~l~~ ~~~ ~~1~~~ Consul5ng Group 6:9Cx~8rtip avc • munpat>An~ PiA~iU7L • 5l1RVE?t77C 4Ptt1611 A~cr ~ S!. Yfl ~, Sta 9:413 11.7601} 443-1116 t« J08 HIJUB(R 05647 oaAK+x~ H+we PN2_~C.OgV.DNG sKr. tla- t S. E. THURSTQ~ ~#R~ & EIS Rainier Yelm Post Office Box 777 Ye(m, Washington 98597 {364) 458-27991 Fax X364} 458-2766 Agri! 6, 2x09 Mr. l9an Lee 42fl0 6~' Ave. Suite 301 Lacey, WA 98503 Dear iv#r. f.ee: Based an our conversation today, the following information is provided per<aining to your property located at 9 0756 Palisades Street, Yelm: 1. The nearest lire station is 0.5 miles from the address. This is approximately a fhree minute response. Given the close vicinity to the station and the recommendation for an early detec#ion system, the potential far fire growth beyond 25% is highly unlikely. A 50°!° involvement nr greater is incompatible with life. A fire with 50% ar greater involvement would be mitigated in the same fashion as it would be today given the Current fire f#ow ability on scene. 2. The ire flaw requirements for this particular structure are as follows: ' A 3,200 sc{uare foot home (na exposures) ! 3 = 1, 066 gallon per Minute required fire lbw far 100% involvement or, • 533 gallons per minute for 50% involvement or, • 266.5 gallons per minute for 25% involvement which can be met with the hydrant currently located on site. ^ The current hydrant an site provides 500 gallons per minute, leaving an addFtionai 566 gallons to be provided far by a secondary source if the structure is 100% involved. 3. The Fire Department can meet the required €ire flow requirements in one of taro v~rays or a combination of bath: The first arriving S.E. Thurston engine would lay 1400' of 4" supply line from the secondary hydrunt'ccated ~;wv 50i - "' 1${ 'illh~.. prav,d;n9 required .ire flaw ar, An engine !tender response (The same response ~rre currently use for non hydrant areas} S.E. Thurston Fire department can provide 4,797 gallons of water an the initial response, providing required fire flow for 8.4 minutes. (n this pa. ~icular situation, the tender refill and turn around ~jG l1.t ~~, ! ~ S. E. THURSTON FtR~ ~ CMS Rainier Yelm Post Office SOX 777 Yeim, Washington 98597 (360) 458-2799 !Fax (36C) 458-2766 time is approximately 6 minutes, allowing the tenders to deliver their water, refill, and return to the scene prior to the water supply being depleted. 4. This particular parcel contains r}a other exposures. S.E. Thurston Fire & EMS would expec# no additional cor<struction would take place until such time that the required fire flow is met. RECOMMENDATtpNS: 9. Installation of a monitored alarm system. 2. No additional construction on this site or adscining sites until such tune adequate fre flow cart be met, if the al~ave recommendations are met, S.E. Thurston Fire & EMS, supports the decision to issue an occupancy certificate prior to tl ~e operation of a purr~p station for this development. Please do net hesitate to contact us at the above iccation, if there are additional questions. Sincerely, t Mark King Deputy Chief --~..~i ~~~ ~~4.~ ._ Rita Hutcheson Fire Chief Andrew & Cynthia 5rrtith 15339 ~.t~5~n AveSE Yelm, WA 98597 April 19, 2005 Mr. Grant Beck Director Community Uevelaprrtent #~epartment 10~ Yelm Avenue West Yelm, WA 98597 IJear Mr. Beck: %~~ I am writing in response to your letterdated 14 April to Mr. Dan [.ee, Triance Group, ant. ~o which # was provided a courtesy copy. It is with extreme concern and utter dismay that E write to you today in response to your decision regarding the occupancy of our new home at 1©756 Pal€sades Street SE. The concern l have centers around your statement that this situation is ".._unfortunate that Lt_ ColoneE and luErs. SmEth are caught in a difficult position:' The decision to not issue a statement of accupanty does not just place my wife and 1 in a "`aif~cult position° it p#aces us in a catastrophic paslt€on. When makingthe decision of whether we could afford this beaut"sfuE, new, custom home,) did not factor in having to pay the mortgage payment an the new home as we€l as continuing to pay over $1,M~Q in rent because E couldn't live ire the new home. Put simply, my wife and 1 cannot financEaiiy support the situation your decision has put us in. To rne, this represents a catastrophic situation as my livelihood (being a Military Officer} depends an me maintaining an exemplary financial and comrnunit}r standing, both of wh€ch are now in jeopardy. Ever< if you feet no empathy far my financial situation, E woutci th€nk that the best interests of the City, which you should be concerned about, wouEd Cause you to rethink your dec~sion_ Edo not think that it i5 good forthe city to leave a beautiful home, in a wonderful part of town, unoccupied. There have already been instances a~F presumably young kids "tagging" the common areas of Palisades West with swastikas (an rocks, basketball backboard, Palisades West sign} which € expect to escalate the €onger there Is na perrr~anent residence in that location_ An unoccupied borne is an invitation to kids and irresponsib€e young adults to burglarize andJorvandaiize and represents not only a tx-emendous liability to me, but aEso to the city. By living in ant) maintaining a presersce in that Camrr~urrsty, my family and E vriE[ bring that area to fife and keep it from slipping into the category of an eyesore, or worse yet, a teenage "hangout" for the City. My utter dismay-with your decision revolves around the overriding opinion provided by the YeErn Fire Department, which eleariy allays the concerns and fears brought forth in your letter. WI-~il~? 1 wrn~iar<tanrE thn nPp~t fnr nrnr.~r ~Ifcr fan~i.+rr t~n t,.:n n~~±~a~, ,~~h `fho h;nra~4 ~t4~o ~~ this transaction is rnyselFanri my family, as well as the Yafm Fire Department. The Ye€m Fire Departrrient, in a letter not more than 2 weeks old, have confirmed that there are no issues with the water availability and pressure in support of the lone house in Palisades West. ]fully acknowledge that any subsequent homes built in that community would necessitate the requirement for a booster pump, but the fact is that the one house in Palisades 1Rlest, our ~~ 1~~~ ~ ~~ ~- - i ~J ? ~. ~ :~ :.~ ~ J ~ ~J' ,J T. ~~ _ti .. •l ~... '•~'v~.J 34['~ ~ : 'J ... ~ ~ ~ EJ'.i , w. jJ / :~ .1 i l Mr. Gran# k3eck Apri119, 2403 Page Z house, does not require it. Your decision, to me, seams based on making a point with the developer and/or the builder ancf does not take into consideration Current facts (as stated by the Ye(rn ClLy Fire Department) ar what is truly in the overall best interests of the city (quality frames/neighborhoods with quality families). A :e~.v comments about our builder. i have now known Mr. Dan Lee for over one year having met hint in April, 2008. At the time, my wife and I had been renting a home in Yelrn for almost one year and had been actively looking and discussing what kind of home we wanted and where we would like it to be located. Without question, the homes that Can builds are far superior in quality and beauty to anything else being cans#ructed in Ye(m and that is what first led us to him (seeing the quality of the han-~es in Vintage Greens). Since that time, Dan has Contributed hss ideas and in some cases, his own money, To bring unique detail and craftsrrtanship to our home. He has been extraordinari(ygrocious fn his dealings with us and consistently keeps us informed and involved with the building of our home. Ye[m should not only tons(der itself lucky, but should be extremely proud of their son, Dan Lee; he is one of the finest people 1 have rnet in my 41+ yea rs. A few comments about rrty fan•tily. In January of 200, my wife and i along with nur three kids, moved to Yelm and rented a house an Prairie Vista Loop far 2% years. At that time, with 1t7 years in the Arrrty, we knew that +1ve wanted to make Ft. Lewis and Yelm our haute after retiring from the military. In June of 2007, we were fortunate enough to return to Ft, Lewis and knew immediately that we would settle in Yelm; it'ss a town that Etas grown very special to us. We have three children that are ,#Ith, ~Qa' and ~cn graders in the Yelm School laistrict Both of my sons {J_1~' & ~0~ grade} are rnerrtlaers of the Yelm High School Band and they bath started an the Ye(m JV basketball tearrt this past season. They bath carry a 3.2+ GpA in school and my 11c~' grader is the leading triple jumper In Track ~.vftile my sophomore is the starting goalie far the Varsity Soccer Team. My wife and !are not only active members of the Ye(rn High School Band boasters but we attend every hon7e and away basketball, track and soccer game. My s(xth grader is a straight "A" student at iViill Pand elementary, plays drums and guitar and competes ,for the Prairie Soccer Club on the "prairie Storms" U-~.3 girls team of which I am the Head Coach. In short, we have completely thrown ourselves into this community and want nothing more than to move into our dream Name and continue 1(ving and contributing to the City of Yelrrt_ !f l could ask your support on anything it would be to reconsider your decision and weigh the need to stress your point with the (7evelflper against the needs o€ the City in attracting, supporting and promoting beautiful homES and supportive families of this community such as rrsine. Thank you for your time. Sincerely, ~ ~ ~ ~~ Andrei tic Cynt is Smith Yelm Residents ., r ~ ~ v 7 J .~ ~J i S r i ~ i '7._1w :f I_~, ~ . ~ ... f ~ i '~ i_ iJ ~ { ~~ iJ ~ ., ~ ~i :.. ~~_ ~ ~,,F O Q ',~ ll1 W W ~`, LL `' W~ Ja V '_. ~~FYm ee~gi 3=~~s EoB~- dog='s m""°~a x€- ~ ~~~g $w~~ ~~~~ e? Ep m gmy,q V ~.g U9S5U Ft'.~ ~~~~~ k ~A a~ ~~ ~ ~~ ~ ~ A ~. ~~ m ~~ ~~ 311 ~ ~ ~. rte.. ~~ _.;y~_~u ~ ~~ ~ ~ ~~; r a ¢ ,gym na ~ ^' S"'a s~. 6 °, z OWENS DAMES FRISTOE TAYLOR & SCHULTZ, P.S. Attorneys at Law E. Robert Fristoe Don W. Taylor Frank J.. Owens Theodore D. Schultz Richard G. Phillips, Jr. Michael W. Mayberry Kirk M. Veis Matthew B. Edwards Brent F. Dille John V. Lyman Denise W. Derricott October 21, 2009 Yelm City Council City of Yelm 105 Yelm Avenue West Yelm, WA 98597 RE: Palisades West Dear Council Members: Street Address: 1115 West Bay Drive, Suite 302 Olympia, Washington 98502 Mailing Address: P. O. Box 187 Olympia, Washington 98507 Phone (360) 943-8320 Facsimile (360) 943-6150 You have asked that I render an opinion as to the liability of the city for issuing the building permit and the feasibility of amending the plat approval to defer the instillation of a booster pump and roll seal. I have met with City staff and reviewed the testimony and materials presented at the public hearing and have the following comments: The City has no liability for issuing the building permit. Dan Lee, the Smith's contractor, testified during the hearing that he was aware of the requirement of the booster pump and pressure sustaining valve ("Roll Seal") at the time he applied for the building permit. I have .further learned. that Mr. Lee worked with Stevc Chamberlain and attended meetings with city staff to go over these requirements prior to final plat approval in 2007. Because Mr. Lee was acting as agent for the Smiths and had actual knowledge of these requirements prior to requesting the building permit, the Smiths are deemed to have the same knowledge and, therefore, cannot now claim they were misled by the city when it issued the permit. Finally the Smiths had or, with reasonable investigation, should have known of this requirement as I am certain the Smiths' title report noted this exception and were provided a copy of the recorded plat prior to or at closing. Consequently, it is the Smith's contractor, Mr. Lee or the developer, Mr. Chamberlain, and not the City, who owes a duty to the Smiths. OWENS DAVIES FRISTOE TAYLOR & SCHULTZ, P.S. Yelm City Council October 21, 2009 Page 2 2. Necessity for Booster Pump I fail to see how we can resolve the booster pump issue. Regardless of whether or not the Smiths can extinguish a house fire, WAC 246-290-230(5) requires that there be a minimum of 30 PSI AT THE METER. I understand that there is only 24 PSI the Smith's meter and therefore the City would be in violation of the above cited WAG I understand the Smiths have installed their own booster pump but it is installed after the meter and, therefore, does not satisfy this specific requirement. I simply cannot recommend a solution that causes the City to run afoul of a Department of Health regulation and jeopardize its water system permit and open the City to administrative sanctions. 3. Compliance with Roll Seal Requirement With regard to the Pressure Sustaining Valve (roll seal), in speaking with Tim Peterson, director of Public Works, the roll seal is necessary even if only one house is connected to the main line in order to prevent an over-pressurization in the waste distribution line. The Smiths' engineer could not guarantee that there would not be an over-pressurization event. Short of a multi- million dollar insurance policy issued by Lloyds of London in favor of the City for damages sustained to other residents, the Smiths' personal waiver of liability and indemnification is frankly, cold comfort. I empathize with the Smiths. They seem like nice folks who were misled by Steve Chamberlain or their builder. Unfortunately, for the reasons set forth above, I cannot recommend the City allow the plat amendment as requested. Very truly yours, OWENS DAVIES F E TAYL R & SC TZ, P.S. ~~~~~ ~ Brent F. Dille BFD/so N:\BFD\Yelm\Palisades West\Council Ltr 102009 rev BFD.doc ~~ THE A~~ 14~' '~i YELM WASHINGTON December 23, 2008 City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 Steve Chamberlain FH1, LLC 4200 6t" Avenue SE, Suite 301 Lacey, WA 98503 Dear Steve: The purpose of this letter is to memorialize our recent discussions regarding the water booster pump station to serve the subdivision of Forrester Heights (Palisades West). As you know, the need for a water booster pump station to serve the lots within the subdivision was established prior to preliminary subdivision approval, but was deferred at final subdivision approval to issuance of any residential building permit or certificate of occupancy for the model home. The booster pump station is required to provide both adequate water pressure for residential uses and minimum fire flows. The Community Development Department can not issue a certificate of occupancy for the home currently nearing completion within the subdivision without the approved booster pump station being installed, inspected, and approved for connection to the City water system. If you have any questions regarding this determination, please don't hesitate to contact meat City Hybl--, rein, Grant B k, ~recto~"" t Com nity Development Department c. Gary Carlson, Building Official (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us www.tri a n ce h omen. co m Apri17 2009 Grant Beck Director of Development Services City of Yelm 105 W Yelm Ave. Yelm, WA 98597 RE: palisades West Dear Grant: I am writing you this letter in attempt to find some resolve to the dilemma I face with the new home nearing completion an the hill at palisades West. As background in April 2008 Triance entered into a contractual agreement with Lieutenant Colonel Andy Smith and his wife Cindy to build their dream home on lot 15 to retire here. We were delayed in starting construction until the details an the water booster station were finalized. In the mean time, the Smith had secured theix financing. In September, all permits and appraisals were completed. When we informed that the city had approved the design, the developer was still working with his lender on the financing of these additional improvements but was conf dent that it would be forth coming. We proceeded accordingly due to the time that had already elapsed and the deteriorating banking environment before the Smith's last their financing. Within about 6 weeks of the starting construction, we were informed that the developer was still having difficulties in getting the additional financing to complete the booster station. The overall economy and housing marlcets were now at a critical point and no bank was interested in loaning ~naney an a prefect like this. Simply put he had run out of funding options. Triancc will complete this home in the next couple of weeks and the Smiths will need to move in. I had discussed the natter with the Building Official, Gary Carlson who directed me to talk with you and the Fire Dept. I know the developer has had several conversations with you and has kept zx~e apprised of the city's positions to date. He had not discussed this matter with the p'ire Dept. I meet. with both Chief Rita Hutcheson and Deputy Chief Maxk Kiaig to discuss any interim options we might pursue until financing becomes available. They informed zne that they could presently and would provide 91.38 Burnett Road ~ Yeirn, WA 38597 `'~~1 360.400.1888 ~ 3E0.400.2808 w~vw.trianceY~ornes.com adequate fire service to this house and suggested that I only install a fire alarm monitor m addition to the standard smoke detectors. They acknowledged that there had been two permanent residences on the property in the recent past that had na fire protection. The location of the home to the fire station and its proximity to the fire hydrant at the base of the hill would allow them adequate fire fighting capabilities. I have enclosed a copy of their letter to me for your reference. It is my sincere hope that with this new information and given the economic circumstances that we all are now faced with,. that the city will see fit to grant us a final on the lot 15 home and allow the ~znith to move in to their dream home.. This will be the only home build on the hill until the booster station or other improvements are installed that enhance the fire flow. Lastly, I have spent my most of my life in Yelm and my family roots here go back nearly 100 years. I am very proud to say that I have invested my fortunes and my livelihood in to the home building business. I am extremely proud of the homes I have built the past couple ofyears particularly this one. The Smith family has been very active in the community and the Yelm school district. This is where they want to spent the rest of their lives. It would be a shame if we were unable to find a workable solution in the interim. `dour understanding and cooperation in this matter are greatly appreciated. Once you have had a chance to review this letter I would like to meet with you as soon as possible. Res ectfully, i ~'~ C ~. /j1 Dan Lee Triance Group Inc. Ce: Andy and Cynthia Smith 9138 Burnett Road ~ Yelm, WA 98597 r?°S 360.400.1888 ~~~ 360.400.808 FH1, LLC April 07, 2009 Triance Homes 16948 Kaylan Lane Rochester, WA 98579 RE: Palisade West Dear Dan, As you [snow I have been working for over' a year on raow getting resolution to the city's requirement for the installation of a water booster station at the entrance to the plat. Originally, we were optimistic that one would not be required grad pxeceded on that basis. It was not until the Erna] plat was ready to record that it was confirmed we would need to do something to improve the fire flow at the tap of the hill. The plat was recorded with that as a condition azad we were given the ok to build the frrst home. However the final occupancy permit was conditioned on resolving the matter to the city's satisfaction. We then began the design of a booster station. Unfortunately it took a lot longer to get city approval than we had hoped. As such the real estate market and banking environment continued to deteriorate. I have kept the bank in the loop and they agreed to sell lot frfteen in the interim until the appropriate city approvals were obtained and we knew what these additional improvements were going to cost. I was confident at the time that the bank was going to finance these latest inraprovenrrents based on my coznrrrunicationwitb there. I have been persistent with trying to get that accomplished for the past six month, however the banking industry continues to worsen and now appears the bank I have been working with is not able to process any additional funds for- this project at this tune for reason beyond my control. I have asked the city on several occasions for a variance on the Ere flow for all the reason we have previously discussed but to date have been unsuccessful. You will recall that there were two existing houses on the hill that had no fire flow nor city water for years. I installed a new 8" water main and fire hydrants up the hill with the intent to loop it back out Hwy 507 as phase 2 is completed. There is adequate fire flow at the base of the hill but clue to the height of the rise where the new house sits, about 500 feet away. the residue pressure drops from about 53 psi to ] $ psi. The city's minimum is 20 psi. That said, I would suggest you contact the fzre department and see if there were any way they would consider the fact that there is only one house on the hill. It was built to current building codes, it replaces the two older homes that existed there for years, there is fire flow available now where there wasn't before. The next available fire hydrant that meets the minimum flow and pressure requirements' is only a few hundred feet way near the bottorn of tlae hill. You rnight also offer up to install an ez~ianced smoke and fire detention system above the normal detectors. This is only an interim situation. When I am able to get financing, the booster station will be installed and the pressure at the top of the hill will be erzlaanced. I will continue to seek alterxaatc financing options to get this issue resolved to the best of my ability. Hopefully your requests' to the city will have~tter results. FH1 LLC.... - ~~,'~;' /~~ f Steven :~ r` . fr , ~i '~~~ '"~~.. tinj ~'' ~ r f~; 4200 6th Avenue S~, Suite 301, Lacey, WA 98503 360.493.6002 ~ 360.493.2476 -,my S. E. THURSTON EIRE & EMS Rainier Yelm Post Office Box 7'77 Yelm, Washington 98597 {369) 458-27991 Fax (360} 458-2766 Apra ~, zUO9 Mr. Dan Lee 4204 8"' Ave. Suite 301 Lacey, WA 98543 Dear Mr. Lee: Based on our conversatian today, the following information is provided pertaining to your property located at 10756 Palisades Street, Yelm: The nearest fire station is 0.5 miles from the address. This is approximately a three minute response. Given the close vicinity to the station and the recommendation for an early detection system, the potential for fire growth beyond 25% is highly unlikely. A 50% involvement or greater is incompatible with life. A fire with 50% or greater involvement would be mitigated in the same fashion as it would be today given the current fire flow ability on scene. 2. The fire flaw requirements for this particular structure are as follows: ^ A 3,200 square foot home (no exposures) 13 = 1, 066 gallon per minute required fire flow for 100% involvement ar, ^ 533 gallons per minute for 50% involvement or, ^ 266.5 gallons per minute far 25% involvement which can be met with the hydrant currently focated on site. ^ The current hydrant on site provides 500 gallons per minute, leaving an additional 566 gallons to be pravided for by a secondary source if the structure is 100% involved. 3. The Fire Department can meet the required fire flaw requirements in one of two ways ar a combination of both: The #irst arriving S.E. Thurston engine would lay 1400' of 4" supply line from the secondary hydrant located Hwy 507 & 105t~' providing required ire flow or, ^ An engine 1 tender response (The same response we currently use for non hydrant areas) S.E. Thurston Fire Department can provide 4,797 gallons of water on the initial response, providing required fire flaw for 8.4 minutes. In this particular situation, the tender refill and turn around S. E. TH U RSTQN FIRE & EMS Rainier Ye1m Post Office Box 777 Yelm, Washington 98597 (360) 4882799/ Fax (360) 458-2766 time is approximately 6 minutes, allowing the tenders to deliver their water, refill, and return to the scene prior to the water supply being depleted, 4. This particular parcel captains no other exposures. S.E. Thurston Fire & EMS would expect no additional construction would take place until such time that the required fire flow is met. RECOMMENDATIONS: 1. installation of a monitored alarm system. 2. No additional construction on this site or adjoining sites until such time adequate fire flow can be met. If the above recommendations are met, S.E. Thurston Fire & EMS, supports the decision to issue an occupancy certificate prior to the operation of a pump station for this development. Please do not hesitate to contact us at the above location, if there are additional questions. Sincerely, ~~ ` Mark King Deputy Chief ~~~ ~~-~~ Rita Hutcheson Fire Chief / Of THE A~~ 4~ 'yi YELM WASHINGTON April 14, 2009 Dan Lee Triance Group, Inc. 9138 Burnett Road Yelm, WA 98597 Dan: City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 This is in response to your letter dated April 7, 2009, again requesting the City issue a certificate of occupancy which would violate the clear conditions attached to the recorded subdivision of Forrester Heights, now known as Palisades West. You may not be aware that City staff spent considerable time and effort reviewing this matter last December when Steve Chamberlain asked the City to ignore the condition of final subdivision approval and issue a certificate of occupancy for the home in question. Now, as then, we can find no options other than installing the booster pump station as proposed and approved. While it unfortunate that Lt. Colonel and Mrs. Smith are caught in a difficult position, please keep in mind that the requirement for a booster pump has been a known condition since the first meeting on this project in 2005, and could have been addressed many times before now. The City did not create the circumstances which are making it difficult for the developer to meet his obligations, and has been flexible throughout this process to the point of now having no choice but to hold firm. In fact, at the initial pre-submission meeting in May of 2005, which you attended, the City's Development Review Engineer noted that "This project location is on top of a hill. 1 would highly recommend that you have your engineer look at the elevation of the location and how it is going to effect the hydrant operation. This location is 6 feet higher than the base of the Baker Hill Water Tower. " (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us The subdivision application was subsequently submitted and the staff report to the Hearing Examiner in September of 2006 stated that: "The City of Yelm's current water system cannot provide the ire flow and water pressure that is required to serve this proposed subdivision due to the significant amount of topographic relief, and the project is approximately the same elevation as the City's water reservoirs. Service of the City water system will require the installation of a booster pump. Civil plans shall include an analysis of the water system and propose appropriate mitigation measures. " The Hearing Examiner, in his decision to approve the preliminary subdivision on September 27, 2006, found that: "The City of Yelm will provide both domestic water and fire flow subject to the applicant paying the connection fee. Furthermore, due to the height of the parcel, the applicant must install a booster pump to provide both fire flow and domestic water pressure. " Based on this finding, the Examiner attached the following condition: "Civil engineering plans shall include an analysis of water system pressures and propose appropriate mitigation for probable low pressure flows at the project site, such as a booster pump. " The developer, however, requested during the civil plan review process that the water system be installed prior to designing a booster pump station in the hopes that pressures would meet fire flow without the booster pump. This approach was approved by the City on March 20, 2007, but with the following caution: "After the installation of the water system, the water system will need to be tested to verify if the system is going to meet the fire flow requirements and domestic pressure requirements. The testing perimeters, target flow and target pressures will be determined by the Public Works Department and only the Public Works Department. If the installation does not meet the testing requirements as set forth by the Public Works Department then the subdivision will not be approved and a final plat application will not be accepted by Community Development Department. " "This approval has been granted to allow the system to be installed and tested to verify exactly what additional improvements may be needed to serve this subdivision. The above approval does not guarantee that the existing system will be adequate to serve this application. " April 14, 2009 Page 2 of 3 At the request of the developer, who wanted to convert construction financing to long term financing, the City agreed to allow the subdivision to record with the following condition: "No building permit shall be issued within this subdivision until a booster pump is installed by the developer and approved by the City of Yelm which provides adequate fire flow per the International Fire Code and City of Yelm standards, provided that a building permit may be issued for a model home if a ire protection plan is approved by the City of Yelm Fire Marshal and SE Thurston Fire/EMS. " Rather than have a sales office in the model home, you chose to construct the model home as a residence, apparently in the hopes that the booster pump station would be installed and approved prior to occupancy. If you choose to pursue amending the final subdivision in order to remove the condition relating to the installation of the booster pump station, the fee is $750.00 and the request requires a public hearing before the Hearing Examiner, who would make a recommendation to City Council. The Community Development and Public Works Departments would oppose any such amendment. Please keep in mind that the subdivision also contained the condition that "no certificate of occupancy for any habitable structure shall be issued until a sewer roll seal is installed by the developer and approved by the City of Yelm" and that the City is still owed $25,015.43 for plan review fee's which will be required to be paid before the pre- construction meeting for either the booster pump station or the pressure sustaining valve (roll seal). S ity Development Department c. Lt. Col. Andrew and Cynthia Smith 15339 105t" Avenue SE Yelm, WA 98597 April 14, 2009 Page 3 of 3 N iK i2 ,~~u'VT~ ~..... 2W N g~2 i 1 i'' r ~ ~~~ a ~ ~~k iH ~~w o ~~a .. ............ .' w I- Q, ~~° ` w ~ m~~ 5°0 `. ~!ol~~nd•,#. ~ <<~ ~ ,~ E» y~~ W~ C\~ `\~ ~Z<~ I~u mix .......... T ~<W ~ ~ o y~~ N X V ~ _ =a1= < 2O° ~f `y3~J ~y ~ y < ~~W <~i z~~ ~ m b ~ ~i ~ vl T ~ ° ~ <C~--~ 4 ~i~ ~ ~m°a g<~ W Z ~ ~ ~ 3 ~ ~ ~ ~\(~i < 8a< ~ ~°~g o 25 $ 4' ° ~~ ~w3 N A N ~ x ~ ~i i ~ C ~ ~' O F W~' b Z a° 2 Z2(>n[ rr`` O~OW 1 mW W ~ > .. ~ >Gvl W3 V a a yFO< ~U r' ~ ~ ° c ~ o m ~ ~ ~k1 ~1~ Z~~ a3w~ \ ~~ W~c zG t F ~ ~ ~ ~a° ~ m`S"2~ vl~~y, mwou •cl m°b O ' = it ~ Ga,] ~ g ~ ~ ~ ~ b > za9< m Sawa N~ vii 3 T ''' i ~ i a' a > ~ ~ Wo~~' <~ ~ ~ge~ _) A _ _ ~< _~I~` ~~ Q H ai i C/~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ w ~ ~ ~ a~°S~ ug 1~ ao~~ m 3 ~ Z ~ ~~ ,`8, y ~ ~ ^ ~ O ~ ~ ~S /v a /'~ yo~~z~ 1~~~' ~~°rcar,iw k'~1~ ~~<x~ a ~ O b cF~°=g ~'~ O w g ~ < ~ _ ~ F~ ~' i H ~<c~ ~~ ~ ?°i~ C~~ W~~o W ~ g Z _$~ ~ 0.1 ~ Pzl ~ 8 ~xPl w '' Q ~+ P21 ~ ~~ m ~ z (~ ~am~ cgS~ ~ mzg< 1 ~ ~U}1 ~ _ ~Z ~ Q~1, 1r-`1 a TO` a C~~1 a f.~' di a rO` m _ ~ rp` ply 1/O~ i `1~~ p~ x, ~ z_ F ° z ~ CW.~J ~I ~ ~ O~< ~ ~V v W V W ~1 W ~ Y ~ W V [~OK VU ^1 .~~0< N~~ ~<m ~' Z~ ~ a' ~ Z ~_ TY•l ~'^2 ~ i i~' ~ ~U G T z ~ I/ '_ ~~~111111 2 2~0 ~&+w W`~' ~a °z~ zk' j ~ z ° « `^ w<~ Q Q? ~' ~° ~ ~ ~ ~ ~ r _ ~~ZU '~ ~m'6~y1rc1< ~kli N ~''~ ~ ~_ ~ uWl~~wrci~^g<?< ~~ U ~°~, ~ wz~z ~ rri _-.--~:. J3Z U 1n'~ W~m °O 2 Zg ~~~ ~'C'i vlm ,~atWm °Z ; FqZF ~~~ ~ hFbh"w~~Zg=3== `~c~$ ~ ~~Qyo{{b~~~1~1yy~ p s~S1R~~` bZ~Za(o] -_ ~~4W~1 ¢¢< yy~ ly ~ 3 yyO~~W OYW ~W4~1~ m ;~Z(¢32LI z~CIZ < wW~~j"~~Fg~ ~TW ~ UO O W ON= Z O~ Li°?ia W~~ WCa iS ~ ZZa IW?~6 ~ZZ~ = 3>Uy <_1p?I ~C<i C W JJ.... ~ >~31ysI Lt 0 <62FF>00 N ~ O~ `~°~ ~ZO < ~ <O<b ~ N ~ u O h Z ~j ~mCO~ ~~ ~~ ~ ~ Z,° Z ~(~~I/I~1.<1.~~32~ 2>WWW v12 O r-, W V O wU~ Y ° ~°1' ~~°°ZW~~ ~ Fa yW jN Z '~~ ~ ~ ~ /w~ h W U m320~~Q~ i~?2? 2W W<~~~ m}~•~"e<eAA<~CC1. `J <ZY ~ g ~q~~ 1L--~I viW 2 ~Ugg~OWITju 3Z.<~ m~ 6~j~~h1/ibi~ ~ •11N m~FT~2>U C~ ~<~ m ~ 2P2 ~ ~ou ~ !n to ~~ ~ °a~Z~<b1~1~~oZg gwz~ x k°JO~WZm3b~1y'y ~ opy'>j~~j<.jj{{1y~I~~~~9~ ~!~ Jw" ~ 'd ~ ~<aC3cZ~ i ~ F-lai ~ ~Z '° O ~~ Z ~ <~K~WO~o &~~~ ~g ~U ~20~ 0 m 2 tUL~~C <Z t Ii`WW U W ~1~~ C~ 2 W ~eU ° I- 1- ¢ 1/~ $-.o m >~ Y'u ~~jl 5> i 31-g''c < $~x 7 qb o1Z~ui o z W ~° ~ ~ > 41 I ^i ~O~ ZW N2a ppO 44~~F W~~ i W~ h•~ C ~ m < (/f w<X o G~ ~ Q 2 t ~ O ~o ,~~~~ bd~< Qm img~~b1 b ° ~~°y~z i~$ ~ ~' Z~~ K 's s ;>w h ~ < ~ 1~~z m V' ~1pY yNj C~I I/Y~WiZVW~ ~<•s~ <Z I., ~ 1~ SX<~ <<\0 2y 5 ~ yW I ~ ~~Q pW ~ ~ C~WY X O O 3 ^ ° C~ jVl<ZO 4ri1~WCb t ~Z t1~4nnYVZR ~ 1~~ °~1~>1~y ~pp~ php m ~i 2~~ O ~ S U yy~ o h qOq ~ ~r<N% V m n ~ mT•~(0~v1~ ~j~0ti W~ ~m~/10 S° ~]W o 4LLRC2§~p G~~22 Y: C 2W1<- ~ Z ~ 2 j~~ a O Li j1: g~ ~a m ~< o a-+ ~- == ZZ1yqq o2< Ta< m w ~~`" ~ m k-' z rc i ~1•>{ j ^'~r•~=`~ ~~N~1/ImWW <2Z<1<i W~~ j~~<~<2~[-~~j'I U ZR 1~~Z2~C~pt ZU(<~ L J~~ m ~2~ q U ll ~b2~°I~~~ ~~35 UZ (~O~~L'i~c K ~o<O~Z002 <U CI •1 2O ° ~W< z ~ $» ~ ~°~{ z o~I ~~ F> F z A is -+ A'em ~"s~ k Rewm ~ aUGYF x~3wS ~1 GJ $OO b ~SF`gT1C~uzZ~z $ NNZ° 'm ab3 'U (i Q (~ S~2~f•~12~`~ ~g~O Z~ ~$W~t~~~'~U2> lyl ~F~~QJ ~$2 c9~F~ t< ~< 1WU ~~2 yW~ F "WI 1~12< Z~W W~ In~hh <2 ~j yyO~1~h O ( 2L2p` ° t662<2:ZS3j<ZZ F W ZZ m ppW~ m 4 > F~T=~1•L~tIW~<N ~OIZy I.G U~ 2~<Wg Ca 1 W~~t/jN<~F$~ 0 F- d O ~ LL~~ yK~~ ~ ~F ZZw~~2gw ~ZZ<W 2 ~WI-a~~yy-~ LL> V~ twi l1..~~m¢ U ~ h b <ZF < a ~ ~ Oa6 <U~~- Z 7C ~1~ ~ S°WO> ai<p CZO~~2 W ~ U Ub 2 \\\\111111111111///ii 2~ Illllll,// k'WF~'bbw m < < ~' ~oi~mm b w<<mmm .n z_ ~<a W ,ya•', y~~ ~`\o\\ullu °oa z2 g a bC °z z< ~S g ~ ~ g ~ < z W C, ~Wi<b!'p ~W mF~ -q, ~c.-~ $~< 8 °Z°~ ~-~zz~ ~~ S6g_ a`=C~.~a, .........rs ,_~Er NO''~•, ~ ~ y b ~ >S ~'~• V Z4 O N ~O U3C yl < G2j< m Q •.O i~ m ~` G 06........ •YO ii rr^^ ~I.Oygg1W Uj CFO y,2 ~>'<¢~o O~ W°W ~ O U T O:~i U Z~ N O i 2 ZU Z Z~ 2~ ZANI- > C31_ Wt ~ ~S-y WT. ~q_o N ZF C~~'`a ~ U ?. vl Z° SW~~I}O ~°ymyI14 ZUZ WSW W ZF Z~W22 C y a </~ Ya';N _~-_ 1~ PY. vSi ~I Z (2 Ca~W K U<1.1C tZ ~a O2aF~m Cab ZFU ~~~~ ~pU 22 ~V:: 0 a ki:3 -W Oi /1L Q pp 1~ ~<F Li C1 O Cy 2~<>m gym{ ~ 2 .. F~1. >OI E 2/= a~4 =7th-.'F-E O'J ~C:3 R Z 0 O oF~ O<~ S m ~~4{2 2 ~U1~]~m ~HW aT ~ ~ ° 'L'~. 4o O ~ 6 F, Z a d:~4 O ~ W~~~~T ~~e ~~kWg U ~~i mFa/, y Sg° y`ul~~ ° 'm a 3 C ~~? ~'~~d~~?.......SS't`O\\~.` ~I~F_iW~'~O? ...1`O ~~ 2 I~ p {] ~~ ~ C ~iS m W N ~Cj1 IumC N ~y ~5 ~~~~ ~2~~ b~ <5~~~<~~ OI FOn~~< ~1lINC < ^I mVO u ''/////lllllllllll\\\\\\\C ~1°y ~////I ..... StP \\~ Z I Z FC YI ~ \ ~ZZ.m ~~2 x C 1~ < ^,OF 111111111\\\\\•\\ W O A F ~ ~ S <~W~~WQW ~4h0 W25~~S C~ ~~V~~~~TN~ ax Hwy 2~ (n ~ N In O O"~rc~ S~ m v K' E'1~ ~~~ircWik~l <°za K'~~$b~'&j OZa~' 2S Ici ~~~ g~a 2 ~ o ~1 aT T~WIhO ~O m~~U h Rm2< ~i ~~ 2 1~ ^1 IIVV ~¢ ° B c g Y k' v, w w~w~ < r, > a z J o 1bj Q'i ~ n =(°"~rc~kl~w ~ 3~W• q c~~<Id ~ ~ ~rc~rc1~l- S~cc> ~A '~`~ a< ^Y ] 2 r j ~~~ /O~ W sws~16a ~WW ~ 266 (t~~~I2° ° `i~ 1~ ff1iy~u1F Wcwi~~~o ~ ~ <~ ~ g ~ In rnk vJ } ~ I~v1z~~m~~ U ~ 4 "<<~~~< < ~ p(mCFiW~~I-~_ ~ Z O ~ 2'~ ~ ~ Q y 11~</~ 44yy,1 zzIY~ ~cTm yy,~ 1y.,1 m fnffU uZtZ bf >< qmz %w~ R - W U 2\l W < W2W0~;y{ 02~ 2~Y VI m T23 ~W s2 02 O WT~W~ZRN~F~WF 2 F~ t<il ~w~ ~~ vii 410 m r~, 1'y3W~m d~ z .~y6y1~~ ~"I ~~<~ til y¢1 yuZ>{! cFiL ~ ~~°"$~ °~Sc<i~~~\. ~ ~ ~ ~~b ~ ~ ~ ~°a 1~ X21 ~'oi W ~~zb~T~~~a ~U 22 ~ xa ~~~OFm00 1S1nnU ~ m~~~(Y~5 <1~u't4~<(n Z ~ >~< y°j U y T~~ y1 S?Nl m ~W< Cmt_I~ZZ- Z•~U fn~~~y!! y ~Ul< W~ ~ bly2j30ZW °S~ > °~ W 2? j <Ua g Q4~j^ WWYW<22O O ~ W2 y O~2<2S C41 r` iC ~O~Fm O ~ Vl ~}1 O ~V 202-]F mS~ b1~s.Lk1 2~ ~W~m ~ C U 01 ~`1m°W~,N 1/~ 3 1~~ (O~y~Tpa ~ ; 1~~ ~Z52 ~ ~3pNj ~j~1~~I rwr/^~ N1.~W1<~ <°<<~il< o~~LL11 1~yiW 1II..=Wu11 $2VI1~ yyyy~~11IIFSS ~i0 l/~'~'1 (Z~~••F~~~1jW Wgbg ^Y 1~ O `I~(j~ p ~ry^;.]y'IW W< ~i1j ~ \D~NI V v, aKS ~•j 4{F?a<<~~ g~V< W~ N~Q~ZR Zi~C} ~ q Wp~0Z2~~W~~ -I;y ~ o ~ mW i ~ ~ ~ L~v1 ~ ~Up1 ,W`~ ~ r~4, ~y(F^444iW2 I~ 2 WZ1{{!~!!!<,== Qa lrc~< py`~?~ ^ 3002 ~~111~Z3 C[~Cy1=W 3 t3 r~`1 ~ Z~F b.~~ ~ ~ 2 Z~ > 10 ^I 1 W vi<iviXvi7ac3 Lx !'Rx~ ~~ <2IiWW~~g< U' 1y Ygm ~rjj~~0m°2 2 m m2 ~i V~4 N ~ 0~~2 2 N ~ O~~ Z Re`. 911111111111111111'III VIII VIII I61111111111111UIII IIII 111111 IIII 111111 II! 1'111111 y )o ~ a6ed i°'a a ue ee eo X898868 ~/ r M ~ AW h 2 F~_ Z9 a ~~ i ~~ c~ ~~~ ~ ~i 'd~ w~ W V W W O Wri 3~ ~ m$ 0 z ~ `O ~"< 2 ~O A~2 At- NN_ t_ri ly.,~ o Q N a ~~ N ~ ~ ~ zo a~ ~9~ ~iG i ;, ~ °o Na o S a ~ bus Z ~ i.: 3 ~ i ~ ~~~ ~z ~m ~ ~~ ~z yo~ Z ~ J ah ~ O ~ O ~~^ ~ ~~N N W p p °h <2 ? < W C ~ h Z Z ~~ ~OU U p ~ZN SQ '^ 2 u m fi 17 ~ f 'Ii V > K p ? ~~ ~ 4 n 5 h ~ ~ w~m W &~' C ~ Wp< h`~° ON Z ~ ~ pp p OCS~ ~ 2~ ~ ~ ~ ~ ~= pvNj 2~ ~q q G 2 C ~ 'u ~ ~ Kf~ ~ ~ Wy~~ ~ _~ 2 W~j ~W y ~ ~ 3 Z y , O C p ( ~ ~ O~ ~ ~ 3 y~ O ~~~ ( ( < ~ & 2 ~ ~ B ~ F ~ y ~ k ~ F ~ ~~ } ! ~ Z Zph y9 2 ~ U ` ~ W p S ~ , J ~~U N ' ~ K~ 2= ° ~i ~ yZO~ '2 2 2 O ~ ~ N W Z iI~ sW~ 2 y ~ V U~IW,p ~ a U ,2 W W Ulm ~p °~,Q ~a ~ ~ In ~~ ~~< ~ Wyy~ O if 2 ~~ aG3 1U~ ~! ~ ~ ~ 7 Vi W 01 ~n ~ ~~ 05 ~.< aiw~ ~a c w I \ X ~ 3S OVON 771W 99'OZf! _ tf'119Z 3,6_f,Zf_!0 N - _ - - - - . - I _ _ _ _ 3Z 3JNYN NC! dIHSNM01 99'BLf! 3! 30NYN NCl dIHSNN0 I ~° I ~~ I 1 $ ~ ~=8 1a n w I ~ ' ~f9 1 C I < I ~o~ g ~ ~ l ~ mo z ~~~° I S I ~ ~S ~ ~i ~i I W y~ _ I I i~~~g ~ I w I ~~ W I b ~~~ ~~2j ~~~~6 i- w gl~ I I I ~ I aQ ~ OK rc~''< <i~~'~ irc~ $In m vl til C o (~~ ; ~ ~~ o < l O~ I °o p ~'a'i wJ6z'°~ I - yl O I ~ ~Z ~\ k ~$m~°a 2 ~ 2~^~ I i _ F ~' Q~ I y ~ u~z<3~< ~ a = I ~~, ~ I ~ I ~ ~.~ y ~ ~ I I ~ I N ~~ N ~" ~ ~ X ~( W Q z <° a= < ~ U ~ $ I \ k \ '~.(- \ ` - '- _, BL'OLf{ 3-_BZ,If_!0 N_ __ ~~ I N w r o ~ ~ 0 0 W \, A\ ~ y3N CMS 3NI7 1SY3 -- W C ~ ~ -~ ~ I \ `~ rY {~° ~\~ ~.`m\y\\ I Y I N$ n ~ ~ w Q u ~ ~ o z c\{ r~ a Ysy\~ I ~ I 3 I ~`s 2~ \ /` \\ k \ \ 61 I%3 v m c~S N I ~~ 1 \ ~0 \ I ~ < ° ° ~•57~ ~ ~ I \~ \ \ w rc Y Z N 720. I ~ ~~ ~ ~ Ig ~~° r ~~ x I ~ \ \ \ \ I~ Wh6 i u \ ~ o" m ~ \ 05 w q p 1- Y ~~5 Z J ~ ~ ry \ nl ~~~q ~6/ \ n zyq~ ~ ~ \ I ~,. T~'I I ~~~ ~ Q do ~ ~ ~ J SO ~ N ^ I ~4 RSy \\ \ ° y{ p~ ~~ ~zL~i O W ~ w ~ I \X \ \3 .00.{Y.{0 N ~ k awi4 ° W W ~ $ ~ 2 n q N IX BYBB! ,~ ~ \ 6B'SZZI P K 2 W ~~j ry I~ \ \ 'I \ \ \ \ ~ 3 ,OO,l~.{0 N 5 z U F e U h ~ O ~~\ la \ V \ V ~~ I` ~ q~qolY' ~ . O,W~~'Q ~ ~~ ~j0 I ~ \\\ I k T~ ~ ~ G 8 OVIU q Q(~iln ~ s h ----- -------- - - - \ \ \ NW2 \ I- \rc9u - - - \ ~ 2 2 1NW ~ ~~~ ~, ~ ~3ry I I 6L'6f9Z 3 ,9l,Of.lO N - - - L99ea- - - L!"f06 - - - _ - I oUo N Q `~ v ~. ~~~~~~~~~I~~~~~~~~~~~~~~~I~~~~~~I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I~~~i~l~~~~~~ b Je Z abed i"" wo eo eo~L09~BB6£ ,..~ /Cj I Z .~ r 4 ~ i i ~ ~ ~i 3 N< W O^ "~I 0 ZZ~ ~_ ~~I a x of ~~ \I \\\ I I 0 0 \ ,` ! \ t; ZLl iGb ~ C9'OB! n / ~ P P1~\~~ -- ~ j ~ ~'u ~s~ S'~ J` 1~ _ ~~ Id-Idj9B'S;Z M ,00,li.{0 S_ - -_ - ._~,~\/ ~ ga p41 ~j ~ j~- -/ s Z 'y; ~ o ~ J \\ WW v~ , i o ~ N / ai 6, ~, \ \ , -9 ~ti r 26 o - h P, ~ ~~ ~ I \\ OZ'66Z oW M ,00,{;,10 5 6B'SLZ! \ / \ \ / 3 Y \ \ \ / \\ • ~dG \ \\ ~a O ~ ~~ \ O \\ ~ 1,~1 \ \ ~ \ \ ~ is ~ ` ~ ~ ~ ~ W W \ \ ~\ ~m~ ~i°z / N ~ \ ~ ~ ~ `... \ / O ~ z ~ ~ W O \ 1 ~ \ ce/ UYi ~~ W \ \2fa s \~'C i \ ~ \ ~~~/ Z ~< ~O n 2 prjNN~wON~~'0bM'a0~ O N~bb ~$ ~ I O $O~YYn pu? rFefI ~~n OnngN ni 'a wt ~I rya^h ~jb ONNNMa^l rYjry Ynomad ~j~HNM^QYj _ ~ \ \ y \ \ O h~Mry NmNalNbaOy ~I oOOO OO O O 0 ~Ig O ~ig~i~ g I v1 $ ~ \ ~ \ VVV \ \ \ ~ O O W33WW333WWWW C ~1. {Z~gad~nbrygOOn I OOa EO~n NN^., i N._ ~ ._ oh~ ~~ w~l M~'O . ~~ ~ J \ \\ m2 ~ y O N SV :7 My~iP hnr Sah A~ m~l W^Y,aNVNNV ~h ~, ON~NON.n-~ymV ~.n.DY x=0 N' N ~ N h N h F ~ N ~ ^ ' J \ Q ~~ g .~ 1- v u j OU i w jh ON »nr s3~svS 7n~ ra -$nnafn. nO. +r '04 ~. ,m, ry400N~N~S ONbvn 22NNV12N22N vn N M ~~'bn ~ f , \ \ \ W ^ i i N v - > \ w .f >~OI Nn]~h q O~ N Nn'f .fhfond O \ ?2I ~~ ~ ~g~~~o ~ ~`J \ ry~ ~ ~ ~ l ~ - .~ ~~ J U2I000UUY ivvUUUUUUUVVUUUUUUUUU I\ \\ \ \ \ \\ S~ L \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ - - - - ----- -- _ - ~ - 6 ' \ \ re'6~ - - - - - - - - - - C 6C9L 3 ,91,OG10 N - - - - - - - - _ _ - ~ ~ O F "~ W/'~ ~U FBI j W K~ ( ~ ~ 1=A z a~~~ W 2°w m o o Qa~~~ °WO~w~o ~ .. cv co v Z n ~ "~1 h '~ ~ j0~ ~~~ ~ k U ~~~ ~o 2 Qh~ i ~ ~3q b N O V ~ to o~~ ~~~ ~ ~~~ ~~ ~~I~~ ~~~~~~A VIII ~~~ ~~~~ ~~~~ ~~ ~~~~~ ~~ ~~~~ ~~~~~~~ ~o, ~ i ~ro b i~ E abed ie~a we oa em eL69986E ~ ~ , :d~ 3 W N .^ ~ O C0 "7 ~ ~ o zZ a ~a d o , C a a ~ O ~ O ~ O a O ~ ~ ~ C a O ~ 0 ~ 0 ~ N ~ ~ ~ N 3 ~ ~ y ~ ~ N ~ y W W W n m ~ ¢ $ 3 ~ 3 a a a a $ a 3 ~ ~ a a a` a ~ a y a a y a ~ U a y a y a m y y N ~~ a ~ a g ~ ~U N ~a < a„ U a< ~y i 0 ~ ~~ 3 a a 3 ~ 8 $ 8 g $ ~ ^ _ ° R n o .. n o ~ 3 ^ ~ ^ ~ o ^ N ^ o ~ ~ ° n ° o 0 N 8 g g ~ ~ o ~ '^~ o ~ gN ~ W ^ ^ ^ .. ^ ^ ~ `~" o ~ ~ ~n 8 ~ ~, m Y $ g ~ R ~ 8 a ~i _~ $ ~ $ '8i N ~m° e e n m ~ ~ '~ ~ 4?_ aS ti ro ~ n 8 q y~~ 3 ~ ~ ~ ~ 8 ~ e !Ny K 3 a ~ ~ g^_ 7 g ~ ~ ~' n 'n ~ Q ~ N m m ~ $ o , i ^ n ~ w y Q 2 g o N 0 n 5 • 0 N 0 u 0 n 6 m 0 0 0 8 0 ' ? 0 N 0 N N ' N N N < G 0 G 0 6 0 ~ W ~ W ~ o p < o 0 0 0 0 0 o o 0 5 5 ~< <~ <~ <~ ~ ~ ~ _ 8 m F- Qo 0 0 51'. 175.`!s O N O fo 25B 65 .~ m p r ^ t ~ ~ .~! - 3.57 30 E ~_ ~ O N 52 6~~9 ~o O ~ 234515E .A b v+ 0,1 C13 ~J `' gj B w ~ ~ •~ ~ CIO O N /C9 25~02s ~ ~ o i~ /~3B ~~ - -- _ L ~ ul 'S ~ ° L /s~ 76 , / ' L~ ~~~ ~^ ~~~ zo n w~22 b W I-°~c n z 3.01 11243 T W O T g ~ N O T H~ ~> m M 5 9 ~ 3 O / 1 5 .Oli 4'i~ 244.52 ~ ~~' 42j / \ ~ \ m\ O r- n 43~ ~ / 9 N2~~ SS \~ ~ m ~, "'!' ~~ l5 ~~c+ / ~ P~~ g2 2 j / \ \ C!'BOl W m 'rn~ /GB / ~ ^ (~~\~r / ~ ~ ! Q ~ \ I _ M .Sl.L1.{0 S }~ 0 / 53 s~92 / - mP ° ~ o / 02 ~ ~'' ; Q N a ~ r 'Cf z `~ c / 3~ , a ._, s. p N I o p r w w .~ `~ o~ 1 ~ i ~ 8 IS I :~ „ y0y U 4~ BO9~ ~ ~~~ G2 W O ~- ~ BB'66 ,S'Of .S'SL G. ~_ < c / ~ j,~g 5E' •m. ~R9/ ~ ~ ~Z rp (v N 35 M .SI.Lt.IO 5 I 9Z'80l !"~ <2 `I' 'C g, ~ _ r, ~ 82~ M ,SI,Lt.IO S r'~l 22 ~ m o 0 0 /05 ~ ~~o, ~Ol WI I W F~ ~'S0g / a~34 ~~ / ~ N N ts43`' 8 ^ OD wdW I$ roY 8 `^^V rWrrr++ oy ~, ~ ~ ~ O N 02005 W 8 °m O r g~ $ 8IN I ~ L(7 $ t+. ~< W / ~soa N20.302 m° 6~ I NI m°I o r o$ C/) Nc]! Q LZ'90! 03 / 5/ / J O N Z N 12ro4~2 ~ z .w M .Sl.Lt60 S ~$ ~ ~..~ ~ a I I I M .SI,Lt.l0 5 wt 023 022/ - ~$ 2 V ~ ~ ~ 8 p1~~ Q~ i 95'1 Q O h g O r 18 ~ $ I tp ~ ° ~ O N ~`~59 ~ u_ I$ I wl O r xo a V6 ~. ,; LB•BB ~ I ~ ° a ao! ~ ~2 di Z 'I~ ~1 5 ~ M .S{,(t.l0 5 M .S{,Lt./O $ `"S c f~ o I Y ~ 1N3WdOl3/r^13~0~.3/llfllfli M oa'an ~~ ~~ o Q 1Jdal b - ee'szz! M .oo,lta s eL 6& W ^~ W I-- o b Z W- 3~ h VI gh~~V!ON FOY0tnV0mo.~~^mnmS~S{:~:~nwr( b m N W N ym^S i?~udbN ~I N0.1 nI nom Nry NY a^;nhM a~~i~~M1 hOCS O b C) ~ NI J = V ~ 3 n03wwW;3 Wa o8~88^_~_~g~~~8X3YS3ggm8$~800 ~ < S h~°n"b~' Wo h8S{YNbp J~ ^ Z ~h Jz ~..A n' m<i n~'`~`vmmni. ~~nn i~ N 1. n' ~ h ~ y2~ I- W my~ ~N era ~Nb gNNhY~-,e1~"a,N'.^-' ~t ti0 ugh Ory N~'fOVI ~~I ~oYwmn~Y~C+I~iP~N~."~.'~Nt^h Yt'FlN II ~ W jO 5 ``/^~ W 2zN(nN2N2 ~ I h^m~nnmoo~ry~°a~°vl$~°i°u~hnotvm K' 8 8 =c'+^°~ L v, ?2~~~~~~~~~ COI ~ ^^ NN J ~ Q~n ~ J Uzl vvi>Fi'3uuc~Yi il~~~ooctl'~~c'~ivvcNi~uc`~u ~ w ~ h ~ ~ ~30~, i i b~N o O W p~ _ _ _ -- ``Y ~ hQb -_----- _ _ _ _ L9'aBB _ . _ . - - . --- _-_ __ _ _- L1 b !a b abed 1b~" wy eo eon L09Be6f ~j v 0 v w I ~~ THFp~~ 4~ '~~ YELM WASHINGTON City of Yelm STAFF REPORT No certificate of occupancy for any habitable structure shall be issued, except for Lot 15, until a sewer roll seal is installed by the developer and approved by the City of Yelm. In May of 2005, the Community Development Department held apre-submission conference with Steve Chamberlain and Dan Lee to review the proposed March 10, 2010 Page 1 of 4 subdivision. The City's Development Review Engineer noted in the pre- submission report that: "This project location is on top of a hill. 1 would highly recommend that you have your engineer look at the elevation of the location and how it is going to effect the hydrant operation. This location is 6 feet higher than the base of the Baker Hill Water Tower. " "The City of Ys subject to the due to the heigl pump to provide provide both domestic water and fire flow ` paying the connection fee. Furthermore, parcel, the applicant must install a booster flow and domestic water pressure. " Based on this finding, the Examiner attached the following condition: "Civil engineering plans shall include an analysis of water system pressures and propose appropriate mitigation for probable low pressure flows at the project site, such as a booster pump." The developer, however, requested during the civil plan review process that the water system be installed prior to designing a booster pump station in the hopes that pressures would meet fire flow without the booster pump. This approach was approved by the Development Review Engineer on March 20, 2007, but with the following caution: March 10, 2010 Page 2 of 4 "After the installation of the water system, the water system will need to be tested to verify if the system is going to meet the fire flow requirements and domestic pressure requirements. The testing perimeters, target flow and target pressures will be determined by the Public Works Department and only the Public Works Department. If the installation does not meet the testing requirements as set forth by the Public Works Department then the subdivision will not be approved and a final plat application will not be accepted by Community Development Department. " "This approval has been granted to allow the system to be installed and tested to verify exactly what additional improvements may be needed to serve this subdivision. The above approval does not guarantee that the existing system will be adequate to serve this application. " At the request of Steve Chamberlain, who wanted to convert construction financing to long term financing, the City Council approved the final subdivision with the following conditions: "No certificate of occupancy for issued until a sewer roll seal is approved by the City of Yelm." any habitable structure shall be installed by the developer and On June 2, 2008, Dan Lee, representing FH1, LLC, applied for a building permit for the booster pump station. On July 8, 2008, the civil plans for the pressure sustaining valve were approved. March 10, 2010 Page 3 of 4 On July 23, 2008, the civil plans for the booster pump skid were approved. The pc of the Current Situation issue before the City Council is whether to waive a clear requirement ~rnational Fire Code and Health Regulations and knowingly allow occupancy of a dwelling unit in which these requirement for fire flow and residential pressures cannot be met. March 10, 2010 Page 4 of 4 City of Yelm STAFF REPORT To: Mayor Ron Harding Yelm City Council From: Grant Beck, Director of Community Development Tim Peterson, Public Works Director Date: October 21, 2009 (for October 27t" City Council Meeting) Subj: Palisades West Subdivision Alteration Recommendation None. Information only from the October 12, 2009, Council meeting. Background LIABILITY ISSUES WITH NOT MEETING DEPARTMENT OF HEALTH REGULATIONS FOR THE OPERATION OF A GROUP A WATER SYSTEM. As noted during the public hearing on the subdivision alteration, the Smiths cannot waive any City liability for not meeting Department of Health regulations for water service. Section 246-290-230 (5) WAC requires that: New public water systems or additions to existing systems shall be designed with the capacity to deliver the design PHD quantity of water at 30 psi (210 kPa) under PHD flow conditions measured at all existing and proposed service water meters or along property lines adjacent to mains if no meter exists, and under the condition where all equalizing storage has been depleted. The static pressure at Palisades West is 24 psi under normal conditions, not during Peak Hour Demand (PHD) and with the water tanks nearly full. The City can not waive this standard without being in jeopardy of an enforcement action by the Department of Health. As indicated at the hearing, Department of Health regulations do allow the use of booster pumps for individual services as an interim measure until system improvements are made to resolve pressure deficiencies. Individual booster pumps must be under the management and control of the purveyor, in this case the City of Yelm. Interim is not defined but is considered to be short term with plans for long term solutions to be in progress or planned within a reasonable time October 21, 2009 Page 1 of 4 frame. It is not unreasonable to expect that the Department of Health would require the City at some point in the future to remedy the situation at City expense. Dan Lee, the developer's agent and contractor for the Smiths, indicated at the hearing that he had installed an individual booster pump inside the home. This pump was placed without a permit from the City of Yelm and does not meet the standards for an exception to pressure requirements noted above. In order for the individual booster pump to be allowed under Department of Health regulations, it would have to be: • Reviewed and approved by the City of Yelm and the Washington Department of Health. Located on the public side of the water meter in the public right-of-way. • Enclosed in a heated structure. • Be provided with auxiliary power in the form of a generator. • Dedicated to the City. Individual booster pumps were explored as an option by the City in December of 2008 and were determined to be unfeasible for these reasons and for the fact that an individual booster pump would not provide required fire flows. An individual booster pump would also not solve a potential water quality issue caused by back-siphonage. A single household would not use enough water to keep the water in the main serving Palisades West fresh which could result in unsatisfactory water quality for the home owner. This situation could also cause the City increased public works staff time and resources for the purpose of water testing and main flushing for one residential home. Additionally, during a fire flow or low pressure event in another area of the City, stagnant water in the main at Palisades would be drawn back down the hill into other portions of the distribution system, potentially causing water quality issues and potentially a violation reportable to the Department of Health. The booster pump station that was originally identified through the development review process as necessary for the proposed development solves the above issues. RESPONSE TO APPLICANT'S ENGINEERING REPORT RELATED TO FIRE FLOW. As noted during the public hearing, Dr. McClure's letter is based on incorrect assumptions regarding the situation in Yelm. Dr. McClure properly quotes the International Fire Code as adopted by the City of Yelm but makes the incorrect assumption that the Fire Chief of SE Thurston Fire/EMS is the `fire code official' for the City of Yelm and has the authority to determine compliance with codes or standards. In fact, the City of Yelm contracts with SE Thurston for fire protection services but does not utilize the fire district for fire plan review or fire code compliance reviews. Gary Carlson is the City's duly appointed Building Official and Fire Marshal and serves at the City's fire code official. Mr. Carlson has participated in every stage of the review of the Palisades West subdivision and the Smith building permit and has consistently October 21, 2009 Page 2 of 4 maintained that fire flows as required by the International Fire Code must be maintained in the subdivision before occupancy of any habitable structure. Mr. Carlson reviewed the letter from SE Thurston Fire/EMS submitted by the developer's agent and building contractor and determined that the district did not conclude that required fire flows were met at the site but rather provided a tactical plan for fighting a fire without the required flows. This conclusion was confirmed by the Deputy Chief of SE Thurston at a meeting between the City, the District, and the Smith's. The Deputy Chief also noted at this meeting that allowing a development with inadequate fire flow could impact the fire insurance rating throughout the City, increasing fire insurance premiums for other City residents. The static pressure in the hydrant in Palisades West subdivision is less than the required residual pressure during fire events. At 20 psi residual pressures, as required by fire codes, the hydrant provides just over half the required fire flow. The hydrant in question flows 578 gpm and the required flow is 1,000 gpm for 60 minutes without sprinklers, per Appendix A of the International Fire Code. The Yelm Development Guidelines at Section 6.030 require hydrants to provide fire flows per the IFC except that under no conditions shall a hydrant flow less than 750 gpm at 20 psi residential pressure. RESPONSE TO APPLICANT'S ENGINEERING REPORT RELATED TO SEWER SYSTEM PRESSURE SUSTAINING VALVE. Dr. McClure assumes that the Yelm sewer system is a traditional gravity system rather than a pressurized Septic Tank Effluent Pumping (STEP) system and apparently did no independent research relating to the current pressures found within the existing sewer collection system. The engineering firm Parametrix has been involved in the planning, engineering, and operation of the STEP sewer system since its initial conception. According to Parametrix, the Yelm STEP sewer system is designed to maintain a minimum pressure throughout the collection system. This design is intended primarily to maintain asingle- phase flow in the system, reducing the introduction of air to the system and thus improving system efficiency and reducing odors. The existing STEP collection is generally very flat, allowing pressure to be maintained throughout the system using a single control point located at the wastewater treatment plant. All the homes in the Palisades West development are located approximately 60 feet above the average elevation of the collection system, rendering the control point at the treatment plant ineffective in maintaining system pressure in the Palisades West system. The pressure sustaining valve was recommended by Parametrix to maintain pressure in the higher area of the collection system for the Palisades West subdivision to maintain existing pressure conditions in the system and prevent inefficient system operation and odor issues in the subdivision. CITY LIABILITY FOR NOT ISSUING OCCUPANCY AFTER BUILDING PERMIT WAS ISSUED. Brent Dille, the City Attorney, has reviewed the City's potential liability for not allowing occupancy of the home despite the issuance of a building permit that was not for a October 21, 2009 Page 3 of 4 model home. Mr. Dille's response is in the form of a memo attached to this report. Mr. Dille has also been in contact with the Association of Washington Cities, Yelm's insurance provider. It should also be noted that the approved building plans, attached to the building permit issued for the construction of the home and an official part of the permit, included a copy of the final subdivision condition relating to the booster pump station with a note which reads "No certificate of occupancy will be Issue until Booster Pump is provided." Whether Dan Lee, the developer's agent and Smith's contractor, informed his clients of this condition is unknown, but the City did provide notice that the condition applied. Finally, even if the City waived the requirement for a booster pump station by issuing a building permit to here should have been no expectation that occupancy of any structure would be granted until the sewer pressure sustaining valve was in place, as this note was also on the final subdivision. Current Situation As noted in the staff report dated October 1, 2009, the policy issue before the City Council is whether to waive a clear requirement of the International Fire Code and Department of Health Regulations and knowingly allow occupancy of a dwelling unit in which the requirements for fire flow and residential pressures cannot be met. October 21, 2009 Page 4 of 4 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Tuesday, October 06, 2009 11:30 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck Subject: Approved 10-13-09 CC mtg -Palisades West Attachments: Application with attachments.pdf; Exhibits to Staff Report.pdf; Staff report to Council.doc; Staff report to Council.pdf Janine, this item was originally advertised for a Public Hearing on 9-22, but was continued to 10-13. CDD published a notice continuing the Hearing to 10-13 (you should have a copy), which should be included with the above items. Grant will be the presenter, 20 minutes. See Grant's note below related to copying. Thank you, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us From: Grant Beck Sent: Tuesday, October 06, 2009 11:10 AM To: Shelly Badger Subject: RE: Palisades West See attached the final staff report for Palisades Westin both Word and Acrobat format. The order for the packet is 1. Staff report; 2. Application with attachments; and 3. Exhibits to Staff Report. The Exhibits to staff report have some oversized attachments at the end, if Janine needs help printing them, I can help with that. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.s City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Thursday, October 15, 2009 4:49 PM To: Grant Beck; Tim Peterson; Stephanie Ray Cc: Janine Schnepf Subject: Palisades As I leave, I want to ask that the three of you work together to ensure that the staff report for the 10- 27 meeting has all the following items covered to each of your satisfaction: 1. The backflow situation and the Dpt of Health's role in the enforcement of this issue. The liability related to a backflow occurrence as it affects our water customers (not just the Smith's); 2. More description on what happens without the roll seal; 3. Dr. McClure's memo and our counter to it (if needed) 4. AWC Risk Mgmt Pool. In addition to Brent's opinion, I would like AWC to weigh in on the liability issue and the proposed hold harmless agreement. They need to understand the backflow possibility as well. 5. Our liability related to the Smith's attorney claim of a 'wrongful issuance of a building permit'. 6. Any other items you feel need to be addressed I will let you all work out who is the lead and who provides additional information to the Council at the meeting on the 27th The staff reports are due to Janine by the end of day on Monday, but based on the short turn-around time and the amount of things that need to be researched, possibly a supplementary release of the staff report is warranted. Again, I will let you work out those details with Janine. Ron will need to be briefed of the staff report and position. I fly in late afternoon on Tuesday, 10-27 and didn't plan on attending the Council meeting. If you feel you need me, let me know and I will try to make it back. If not, I am with you inspirit and feel good that we have an extra amount of time to share more detail with the Council for them to make a decision. Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Tuesday, October 06, 2009 7:52 AM To: Grant Beck Cc: Janine Schnepf Subject: FW: Palisades West Attachments: Staff report to Council.doc Grant, this is what I have for the 10-13 CC mtg. Make any changes necessary and send to me (with attachments) so I can forward to Janine asap. Janine, this will be the last item that I have for the agenda (just this one and the budget amendments from Sue). Thanks, Shelly Shelly Badger City Administrator ~ (360) 458-8405 ~ (360) 458-4348 fax ~ shellyb@ci.yelm.wa.us City of Yelm ~ Yelm City Hall ~ 105 Yelm Ave West ~ Yelm WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Tuesday, September 15, 2009 8:49 PM To: Janine Schnepf; Ron Harding Cc: 'rnmharding@aol.com'; Grant Beck Subject: RE: Revised Agendas Janine, one change to the 9-22 CC agenda. The Public Hearing related to the Palisades West subdivision amendment is not ready and will be considered at a later Council meeting. Please delete this item. With that change, the 9-22 CC agenda looks good. The 9-23 Study Session agenda looks good. Thanks, Shelly Shelly Badger, Yelm City Administrator City of Yelm www.ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 360-458-4348 fax shel lyb@ci.yel m.wa. us From: Janine Schnepf Sent: Tuesday, September 15, 2009 5:42 PM To: Shelly Badger; Ron Harding Subject: Revised Agendas 09-22-09 City Council agenda and 09-23-09 Study Session attached for your review. Janine Schnepf City Clerk /HR Manager City of Yelm 3/10/2010 Page 2 of 2 www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Tuesday, September 15, 2009 5:39 PM To: Grant Beck Subject: Palisades Public Hearing Grant will you have an Action item on the Agenda regarding the Amendment to the Palisades West Subdivison? Public Hearing is scheduled and included on the agenda. Thank you, Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Grant Beck Sent: Tuesday, September 15, 2009 6:41 PM To: Janine Schnepf Subject: RE: Palisades Public Hearing I"m going to have to continue it, I'll get with you first thing in the morning. G From: Janine Schnepf Sent: Tue 9/15/2009 5:39 PM To: Grant Beck Subject: Palisades Public Hearing Grant will you have an Action item on the Agenda regarding the Amendment to the Palisades West Subdivison? Public Hearing is scheduled and included on the agenda. Thank you, Janine Schnepf City Clerk /HR Manager City of Yelm www.ci.yelm.wa.us 105 Yelm Ave West Yelm WA 98597 360-458-8402 360-458-4348 fax janines@ci.yelm.wa.us 3/10/2010 Page 1 of 1 Karen Bennett From: Janine Schnepf Sent: Tuesday, March 09, 2010 11:43 AM To: Grant Beck Subject: Grant Review Grant, please review .... Is this work for you ?Anything else needed? Do you want it sent to you directly ?Thanks RE; Palisades West, Forrester Heights, Andrew Smith Request for Records Good morning, We are in the process of collecting all the data related to the Palisades West project from start to current date. The deadline is Thursday, March 11, 2010. Please review the following schedule for completion. Jason Hardy -collecting all the emails from your computer related to Palisades West and Andrew Smith Grant -Community Development; Building, any data related to project or subsequent legal issue Janine-Admin; Legal documents, Claim Shelly -Executive; any data related to project or subsequent legal issue Stephanie -Program/Projects Manager; any data related to project or subsequent legal issue Tim -Public Works; any data related to project or subsequent legal issue Data can be in hard copy or electronic format. Please compile and deliver to Hard copies will be scanned and delivered. Janine Schnepf City Clerk/HR Manager 105 Yelm Ave West Yelm WA 98597 phone 360 458 8402 fax 360 458 4348 janines@ci.yelm.wa.us 3/10/2010