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Stephs Email and Most AttachmentsKaren Bennett From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Shelly Badger Subject: RE: Palisades West He did. -----Original Message----- From: Shelly Badger Sent: Thu 10/29/2009 4:39 PM To: Stephanie Ray Subject: FW: Palisades West Steph, is Grant forwarding these to you? 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: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago - and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman 1 From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 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. 2 Page 1 of 2 Karen Bennett From: Shelly Badger Sent: Thursday, October 29, 2009 4:39 PM To: Stephanie Ray Subject: FW: Palisades West Steph, is Grant forwarding these to you? 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: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago -and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns. 3/10/2010 Page 2 of 2 Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~'7L~]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 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 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: Shelly Badger Sent: Thursday, October 29, 2009 4:39 PM To: Stephanie Ray Subject: FW: Palisades West Steph, is Grant forwarding these to you? 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: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago -and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns. 3/10/2010 Page 2 of 2 Best regards, Brent Dille, Esq. ~~~El~~ ~A~~L~E~ ~E~~L~~~~E ~'A~'7L~]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 Page 1 of 2 Karen Bennett From: Stephanie Ray Sent: Monday, October 19, 2009 3:49 PM To: 'Brent Dille' Subject: FW: Forrester Heights Booster Station Requirement Attachments: Water WACs.pdf This should help. From: Tim Peterson Sent: Monday, October 19, 2009 3:48 PM To: stephanier@ci.yelm.wa.us Subject: FW: Forrester Heights Booster Station Requirement From: Randy Raymond [mailto:RRaymond@parametrix.com] Sent: Friday, October 16, 2009 3:32 PM To: Tim Peterson Subject: Forrester Heights Booster Station Requirement Hi Tim, Sorry it took so long to send this over; we were having scanner issues. Anyway, I have attached copies of WACs 246-290-230, 246-290-420, and 246-293-660. These are the primary legal requirements behind the booster station at Forrester Heights. Please note that WAC 246-290-230 deals primarily with the distribution system. Item (5) indicates that service must be provided at 30 psi at the meter at peak hour demand, and item (6) indicates that fire flow must be maintained with 20 psi in the system at maximum day demand. So even if you can meet the pressure requirements today, it doesn't mean that the system meets the legal requirement without the booster station. The only way to accurately determine this is through water system modeling. WAC 246-290-420 contains additional reliability requirements and is more tailored to the water system as a whole, not just distribution. WAC 246-293-660 contains the reliability requirement for the booster station, which is why we required additional pumps beyond what the developer's engineer proposed in their original submittal. I believe the fire flow requirement at Forrester Heights is 750 gpm, but you should verify that with the local fire authority. Please call with any questions and let me know if there is any more specific information I can provide. Have a great weekend! Parametrix 4ot1i Anniversary, 1969-2009 inspired people .inspired solutions . making a difference Randy Raymond, P.E. Senior Engineer, Municipal Services Group phone: 253.863.5128 3/10/2010 Page 2 of 2 fax: 253.863.0946 cell: 253.306.2954 rraymond@parametrix.com Before printing, please think green. 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 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 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 RE: Draft Staff Report -Palisades West Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Sunday, October 18, 2009 10:16 AM To: Stephanie Ray; Grant Beck; Tim Peterson; Kevin Ray Subject: RE: Draft Staff Report -Palisades West I'll be waiting for your call. Brent From: Stephanie Ray [mailto:stephanie@ci.yelm.wa.us] Sent: Fri 10/16/2009 4:43 PM To: Grant Beck; Tim Peterson; Kevin Ray; Brent Dille Subject: RE: Draft Staff Report -Palisades West Page 1 of 1 Let's meet on Monday and try to resolve ASAP. I would propose 9 a.m.? Grant we can come to city hall conf. room and conf. Bren if available. -----Original Message----- From: Grant Beck Sent: Fri 10/16/2009 4:05 PM To: Tim Peterson; Kevin Ray; Stephanie Ray; Brent Dille Subject: Draft Staff Report -Palisades West See attached draft, I still need the Parametrix report to Sewer regarding the need for the PSV, I can't find a copy in Jim's file, just the comments from sewer noting the need for one. I have no pride of ownership, so flail away. Can we all get together Monday or Tuesday to discuss? Brent, we would conference you in unless you feel like a trip to Yelm. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto: antb ,ci.yelm.wa.us> City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 RE: Draft Staff Report -Palisades West Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Sunday, October 18, 2009 10:16 AM To: Stephanie Ray; Grant Beck; Tim Peterson; Kevin Ray Subject: RE: Draft Staff Report -Palisades West I'll be waiting for your call. Brent From: Stephanie Ray [mailto:stephanie@ci.yelm.wa.us] Sent: Fri 10/16/2009 4:43 PM To: Grant Beck; Tim Peterson; Kevin Ray; Brent Dille Subject: RE: Draft Staff Report -Palisades West Page 1 of 1 Let's meet on Monday and try to resolve ASAP. I would propose 9 a.m.? Grant we can come to city hall conf. room and conf. Bren if available. -----Original Message----- From: Grant Beck Sent: Fri 10/16/2009 4:05 PM To: Tim Peterson; Kevin Ray; Stephanie Ray; Brent Dille Subject: Draft Staff Report -Palisades West See attached draft, I still need the Parametrix report to Sewer regarding the need for the PSV, I can't find a copy in Jim's file, just the comments from sewer noting the need for one. I have no pride of ownership, so flail away. Can we all get together Monday or Tuesday to discuss? Brent, we would conference you in unless you feel like a trip to Yelm. Thanks, Grant Grant Beck, Director of Community Development (360) 458-8408 ~ (360) 458-3144 FAX ~ grantb@ci.yelm.wa.us <mailto: antb ,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: 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: 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: Monday, November 16, 2009 7:46 AM To: Stephanie Ray Subject: FW: Update FYI ..... 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, November 13, 2009 11:35 AM To: Shelly Badger Subject: Update Shelly - Trish made the decision last night to take John off the respirator. He died about 4 AM this morning. I am going to go up Sunday to be there when Patricia gets back from her dad's place and Ericka tells her what happened. I am also taking a load of essentials up to Heather, as she is going to be up there for the near future. It think I have everything caught up today and am going to head out. You've got the two staff reports, no news on Palisades (I will catch up with Brent next week), and I've talked to Lori and Gary about the Barb Wood records request. I am going to head out and try to organize things around my house and deal with dogs (they know something is wrong). I expect to be in late on Monday, but will play it by ear a bit. Tami has the Planning Commission covered, as usual. I will check email whenever I can and you can always reach me on my cell 790-2421. Have a great weekend. 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 3/10/2010 Page 1 of 1 Karen Bennett From: Kevin Ray Sent: Monday, January 25, 2010 8:37 AM To: Grant Beck Cc: Stephanie Ray; Tim Peterson Subject: FW: Grant, I'm forwarding you the fire flows for Forrester Heights, the fire flows were requested, at last weeks meeting on the booster pump station. Kevin Ray City of Yelm Public Works Field Supervisor Mailing: 105 Yelm Ave W Physical: 901 Rhoton Road SE Yelm, WA 98597 Phone:360.458.8406 Fax: 360.458.8417 Email: KevinR~a ci. yelm. wa. us From: Edward Smith Sent: Monday, January 25, 2010 8:28 AM To: Kevin Ray Subject: Kevin At 507 and the South entrance of 105th Static Res Flow 52 38 890 10 May 99 50 34 810 16 Sept 03 52 44 960 12 Sept 08 On top of the hill in Forrester Heights static 24, residual 18 and flow 720. 3/10/2010 Page 1 of 2 Karen Bennett From: Grant Beck Sent: Friday, January 22, 2010 8:06 AM To: Stephanie Ray Subject: RE: Plat condition? So I blubbered all over Shelly yesterday in my Department Head meeting, even though I promised myself not to to that and add to her burdens, Heather came home for the weekend last night, and I have the Palisades meeting this afternoon. Because of one or all of these, I got two hours sleep last night and my Indomethicen is making me so dizzy I can barely see. Fun fun! I'm headed up to Lakewood for an Army meeting... if I don't talk to you before you head out, have a great weekend! I may go shooting tomorrow and, if so, will give Kevin a 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: Stephanie Ray Sent: Friday, January 22, 2010 8:00 AM To: Grant Beck Subject: RE: Plat condition? Even better....this will make a big difference in getting agency approval Stephanie Ray City of Yelm /Project Manager Physical address: 901 Rhoton Road / Yelm / WA 98597 Mailing address: 105 Yelm Avenue West / Yelm / WA 98597 (360) 458-8414 / (360) 458 8417 fax stephanier@ci.yelm.wa.us / www.ci.yelm.wa.us From: Grant Beck Sent: Friday, January 22, 2010 7:50 AM To: Stephanie Ray Subject: RE: Plat condition? It's not necessary... the pond is part of the temporary erosion control plan and would have to be removed prior to final plat approval, well before any building permits in Phase II Division 2. Grant 3/10/2010 Page 2 of 2 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: Stephanie Ray Sent: Thursday, January 21, 2010 2:21 PM To: Grant Beck Subject: Plat condition? Grant, If we would relocate the storm pond could one of the plat provisions be to relocate the storm pond FIRST, prior to any building up there? s Stephanie Ray City of Yelm /Project Manager Physical address: 901 Rhoton Road / Yelm / WA 98597 Mailing address: 105 Yelm Avenue West / Yelm / WA 98597 (360) 458-8414 / (360) 458 8417 fax stephanier@ci.yelm.wa.us / www.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 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, December 08, 2009 1:57 PM To: Ben Cushman Cc: Grant Beck; Ron Harding; Tim Peterson; Stephanie Ray Subject: Palisades West/Smith Ben, Just wanted to give you an update as to where the City is at relative to the Palisades West Plat Amendment. The City received the engineering for the septic pressure sustaining valve solution yesterday and is reviewing the same with their engineers for final approval. In addition, I am still waiting for your revised agreement and release which must coincide with the new engineering plans and the City's requirement that the Smith's release and hold the City harmless from any and all claims arising out of this plat amendment. Consequently, because these issues are still outstanding, council will not be taking any action at tonight's meeting on the proposed plat amendment. If you have any questions, please do not hesitate to contact me. I look forward to receiving the revised agreement in the near future. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com 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 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 Page 1 of 1 Karen Bennett From: Brent Dille [bdille@owensdavies.com] Sent: Tuesday, December 08, 2009 1:57 PM To: Ben Cushman Cc: Grant Beck; Ron Harding; Tim Peterson; Stephanie Ray Subject: Palisades West/Smith Ben, Just wanted to give you an update as to where the City is at relative to the Palisades West Plat Amendment. The City received the engineering for the septic pressure sustaining valve solution yesterday and is reviewing the same with their engineers for final approval. In addition, I am still waiting for your revised agreement and release which must coincide with the new engineering plans and the City's requirement that the Smith's release and hold the City harmless from any and all claims arising out of this plat amendment. Consequently, because these issues are still outstanding, council will not be taking any action at tonight's meeting on the proposed plat amendment. If you have any questions, please do not hesitate to contact me. I look forward to receiving the revised agreement in the near future. Best regards, Brent F. Dille Owens Davies Fristoe Taylor & Schultz, PS 1 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 Phone: (360) 943-8320 Fax: (360) 943-6150 bdille@owensdavies.com 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 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 Karen Bennett From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Grant Beck Subject: RE: Ordinance No don't do anything with that. I have the final and will forward... I see you were copied on the legal so hopefully that works...stand by. Yes, Jim was working on Palisades West we should be getting something from him shortly. s -----Original Message----- From: Grant Beck Sent: Thu 10/29/2009 3:12 PM To: Stephanie Ray Subject: Ordinance Steph - I didn't get a chance to ask you (because you were playing PW Director) if the draft condemnation Ordinance you emailed yesterday (Wednesday) morning at 9:11 AM is the one that I should format for Council or whether there are substantive edits still happening. e. button 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 Karen Bennett From: Stephanie Ray Sent: Thursday, October 29, 2009 4:55 PM To: Grant Beck Subject: RE: Ordinance Yes....he is going to send it to us. He drew a really cool little picture of the issue which actually explains it all very well and he is also going to call DOE to see if they have any 'issues' and then I guess work with Tim and Parametrix. Interestingly....this gas is not only stinky but poisinous (can't spell that) and will corrode the pipes pretty bad...even make them fail. The PSV holds water (effluent) in the pipe so it doesn't stink, let off gaseous fumes, and also corrode the pipes. -----Original Message----- From: Grant Beck Sent: Thu 10/29/2009 4:50 PM To: Stephanie Ray Subject: RE: Ordinance What is Jim doing with Palisades? Do I want to know? 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 -----Original Message----- From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Grant Beck Subject: RE: Ordinance No don't do anything with that. I have the final and will forward... I see you were copied on the legal so hopefully that works...stand by. Yes, Jim was working on Palisades West we should be getting something from him shortly. s -----Original Message----- From: Grant Beck Sent: Thu 10/29/2009 3:12 PM To: Stephanie Ray Subject: Ordinance Steph - I didn't get a chance to ask you (because you were playing PW Director) if the draft condemnation Ordinance you emailed yesterday (Wednesday) morning at 9:11 AM is the one that I should format for Council or whether there are substantive edits still happening. e. button 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 Karen Bennett From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Shelly Badger Subject: RE: Palisades West He did. -----Original Message----- From: Shelly Badger Sent: Thu 10/29/2009 4:39 PM To: Stephanie Ray Subject: FW: Palisades West Steph, is Grant forwarding these to you? 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: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago - and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman 1 From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 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. 2 Karen Bennett From: Shelly Badger Sent: Thursday, October 29, 2009 4:44 PM To: Stephanie Ray Subject: RE: Palisades West Oh dear, you didn't make it out of there 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 -----Original Message----- From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Shelly Badger Subject: RE: Palisades West He did. -----Original Message----- From: Shelly Badger Sent: Thu 10/29/2009 4:39 PM To: Stephanie Ray Subject: FW: Palisades West Steph, is Grant forwarding these to you? 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: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago - and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it 1 also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 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 2 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 Karen Bennett From: Stephanie Ray Sent: Thursday, October 29, 2009 4:45 PM To: Shelly Badger Subject: RE: Palisades West Got out later than wanted but ...hm now. Got a sauna in. Kevin screwed up today at court and is so mad he won't talk sooooo not as good as we thought. This is why he can't go alone. More on that later... -----Original Message----- From: Shelly Badger Sent: Thu 10/29/2009 4:44 PM To: Stephanie Ray Subject: RE: Palisades West Oh dear, you didn't make it out of there 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 -----Original Message----- From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Shelly Badger Subject: RE: Palisades West He did. -----Original Message----- From: Shelly Badger Sent: Thu 10/29/2009 4:39 PM To: Stephanie Ray Subject: FW: Palisades West Steph, is Grant forwarding these to you? 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: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - 1 This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago - and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 2 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 Karen Bennett From: Shelly Badger Sent: Thursday, October 29, 2009 4:44 PM To: Stephanie Ray Subject: RE: Palisades West Oh dear, you didn't make it out of there 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 -----Original Message----- From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Shelly Badger Subject: RE: Palisades West He did. -----Original Message----- From: Shelly Badger Sent: Thu 10/29/2009 4:39 PM To: Stephanie Ray Subject: FW: Palisades West Steph, is Grant forwarding these to you? 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: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago - and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it 1 also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 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 2 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 Karen Bennett From: Stephanie Ray Sent: Thursday, October 29, 2009 4:45 PM To: Shelly Badger Subject: RE: Palisades West Got out later than wanted but ...hm now. Got a sauna in. Kevin screwed up today at court and is so mad he won't talk sooooo not as good as we thought. This is why he can't go alone. More on that later... -----Original Message----- From: Shelly Badger Sent: Thu 10/29/2009 4:44 PM To: Stephanie Ray Subject: RE: Palisades West Oh dear, you didn't make it out of there 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 -----Original Message----- From: Stephanie Ray Sent: Thursday, October 29, 2009 4:42 PM To: Shelly Badger Subject: RE: Palisades West He did. -----Original Message----- From: Shelly Badger Sent: Thu 10/29/2009 4:39 PM To: Stephanie Ray Subject: FW: Palisades West Steph, is Grant forwarding these to you? 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: Ben Cushman [mailto:bencushman@cushmanlaw.com] Sent: Thursday, October 29, 2009 2:24 PM To: Brent Dille Cc: Ron Harding; Grant Beck; Tim Peterson; Ron Harding; Shelly Badger; Doreen Milward Subject: RE: Palisades West Brent - 1 This timeline might be unreasonably short. The reality is that we presented workable solutions months ago which the City staff has yet to acknowledge. We attempted to get this matter before the Council a month and half ago - and Staff resisted and delayed the presentation. When we finally got the matter before the Council, and the Council instructed staff to work with us, Staff still refused to do so. Now my clients have lost their house. They have to find alternative living arrangements, which may tie them down for a year. That gives us more time to work out occupancy, but it also means that my clients have incurred real costs and damages as a result of the Yelm Staff's dithering and delay, which my clients need to have covered. I am meeting with my clients this afternoon to discuss their options and plans for moving forward. Ben Cushman From: Brent Dille [mailto:bdille@owensdavies.com] Sent: Thursday, October 29, 2009 1:56 PM To: Ben Cushman Cc: mayor@ci.yelm.wa.us; Grant Beck; timp@ci.yelm.wa.us; ronh@ci.yelm.wa.us; Shelly Badger Subject: Palisades West Ben, Please be advised that Tim Peterson, director if public works, is awaiting your engineer's proposal on the storage tank in order to set-up a meeting with Parametrix, your engineer and the Department of Health. The city requests they receive a conceptual plan prior to this meeting in order to ensure it is a productive one. Consequently, the City needs to hear from your engineer by early tomorrow (Friday) in order to set up this meeting next week in order to ensure that this process remains on track for the November 10th Council meeting. Please let me know if you have any questions or concerns. Best regards, Brent Dille, Esq. Owens Davies Fristoe Taylor & Schultz, P.S. 1115 West Bay Dr. P.O. Box 187 2 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 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 ',.~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. 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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 WAC 246-290-230: Distribution systems. ~ Pale 1 of 1! ~t i~ ~,~ , ~! ~~ 246-290-222 « 246-290-230 » ?_46-290-235 `~ l' ~ ~ 1 ~ ~ ~ ~ t ~ ('' ,;, { WAC 246-290-230 No Washington State Register filings since 2003 Distribution systems. (1) The purveyor shall size and evaluate new, or expansions to existing, distribution systems using a hydraulic analysis acceptable to the department. (2) The minimum diameter of all distribution mains shall be six inches (150 mm) unless smaller mains can be justified by hydraulic analysis. (3) Systems designed to provide fire flows shall have a minimum distribution main size of six inches (150 mm). (4) Installation of new standard fire hydrants shall not be allowed on mains less than six inches (150 mm) in diameter. Existing fire hydrants on currently active mains less than six inches (150 mm) in diameter shall be allowed to remain provided: (a) The existing distribution system consists of mains at least four inches (101.6 mm) in diameter, and the fire flow available from existing four-inch (101.6 mm) mains within the proximity of the fire hydrant exceeds the minimum fire flow standard adopted by the local fire protection authority; and (b) The location and installation of the fire hydrants on the four-inch (101.6 mm) main have received approval by the local fire protection authority. (5) 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. (6) If fire flow is to be provided, the distribution system shall also provide maximum day demand (MDD) plus the required fire flow at a pressure of at least 20 psi (140 kPa) at all points throughout the distribution system, and under the condition where the designed volume of fire suppression and equalizing storage has been depleted. (7) Booster pumps shall be designed in accordance with good engineering criteria and practices as listed in WAC 246-290-200. (8) On existing systems, or for additions to existing systems, that are unable to meet the pressure requirements of this section, booster pumps for individual services may be used in the interim until system improvements are made to resolve pressure deficiencies. In this situation, the individual booster pumps shall be under the management and control of the purveyor. (9) Transmission lines as defined in WAC 246-290-010 shall be designed to maintain greater than or equal to five psi (35 kPa) during normal operations, except when directly adjacent to storage tanks, and shall be sized according to a hydraulic analysis. Transmission mains designed to operate at velocities greater than ten feet per second shall include a hydraulic transient (water hammer) analysis in conjunction with the hydraulic analysis. [Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-230, filed 3/9/99, effective 4/9/99. Statutory Authority: RCW 43.20.050. 94-14-001, § 246-290-230, filed 6/22/94, effective 7/23/94; 93-08-011 (Order 3526), § 246-290-230, filed 3/25/93, effective 4/25/93; 91-02-051 (Order 1246), recodified as § 246-290-230, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 34.04.045. 88-05-057 (Order 307), § 248- 54-135, filed 2/17188. Statutory Authority: RCW 43.20.050. 83-19-002 (Order 266), § 248-54-135, filed 9/8/83.] http://apps.leg.wa.gov/WAC/default.aspx?cite=246-290-230 2/22/2008 WAC 246-290-420: Reliability and emergency response. Page 1 of 2 246-290-416 « 246-290-420 >> 246-290-451 WAC 246-290-420 Washington State Register filings since 2003 Reliability and emergency response. (1) All public water systems shall provide an adequate quantity and quality of water in a reliable manner at all times consistent with the requirements of this chapter. (2) During normal operating conditions, for both average and peak demand periods, water pressure at the consumer's service meter, or property line if a meter is not used, shall be maintained at the approved design pressure, but in no case be less than 20 psi (140 kPa). Water quality shall be maintained as required in Part 4 and Part 6 of this chapter. (3) When fire flow is required, 20 psi (140 kPa) at the operating hydrant and at least positive pressure shall be maintained throughout the system under fire flow conditions. (4) The purveyor shall address abnormal operating conditions, such as those associated with fires, floods, unscheduled power outages, facility failures, and system maintenance, by using measures consistent with applicable regulations and industry standards to ensure the system is constructed, maintained, and operated to protect against the risk of contamination by cross-connections as a result of loss of system pressure. (5) For operations during abnormal conditions, the purveyor shall establish the level of reliability, in accordance with consumer expectations, to ensure prevention of loss of pressure or prompt restoration of pressure when a loss of pressure has occurred. Consumer expectations may be established by a simple majority of the affected consumers within the system's service area, or within specific, definable pressure zones when different levels of service may be encountered. A simple majority of consumers can be associated with either a vote of the consumers for privately owned and operated systems, or of the system's governing body, such as council, board, or commission, for publicly governed systems. Consumer expectations shall not be used by a purveyor to justify a failure to address routine or repeated loss of pressure within the system, or within specific, definable pressure zones, because of the purveyor's failure to properly construct, maintain, or operate the system. The level of reliability established under this subsection, and measures for achieving such reliability, shall be identified in the operations and maintenance program and incorporated into the water system design, and shall be approved by the department. The level of reliability shall not affect the purveyor's obligations under subsections (1) through (4) of this section. (6) The purveyor shall implement all appropriate measures necessary to meet the identified level of reliability for normal and abnormal operating conditions. Procedures for system operation during normal and abnormal operating conditions shall be documented in an operations and maintenance and emergency response program in accordance with WAC 246-290-415 and shall be implemented in a timely and reasonable manner. (7) If a purveyor is unable to satisfactorily address departmental concerns or consumer complaints regarding the level of reliability associated with normal or abnormal operating conditions, the purveyor may be required to prepare a project report pursuant to WAC 246-290-110 that addresses an evaluation of the problem, impacts on affected consumers, and recommended corrective action. Unless the department determines that public health protection requires otherwise, improvements related to abnormal operating conditions described under subsection (5) of this section will be required commensurate with the established level of reliability for abnormal operating conditions. (8) Restrictions on designed, or historically documented, normal water uses shall not be allowed except under the following conditions: (a) Whenever there is clear evidence that, unless limitations are imposed, water use at normal levels will lead to a relatively rapid depletion of water source reserves, such as in drought situations or when significant facility failures occur; (b) Whenever a water system observes that demands for water exceed the available supply, as a result of such events as miscalculated planning, inattentive operation, or unforeseen problems with sources and that limitations would be necessary to insure basic levels of service while additional sources were being sought or developed, or the situation was being otherwise remedied; or (c) Whenever the water system institutes restrictions as part of a water use efficiency program which has been accepted by the system consumers through appropriate public decision-making processes within existing governance mechanisms, or has been mandated under state regulatory authority. (9) A purveyor shall provide the department with the current names, addresses, and telephone numbers of the owners, operators, and emergency contact persons for the system, including any changes to this information. The purveyor shall also maintain twenty-four-hour phone availability and shall respond to consumer concerns and service complaints in a timely manner. http://apps.leg.wa.gov/WAC/default.aspx?cite=246-290-420 2/22/2008 WAC 246-290-420: Reliability and emergency response. Page 2 of 2 [Statutory Authority: RCW 70.119A.180. 07-02-0256, § 246-290-420, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-420, filed 3/9/99, effective 4!9/99. Statutory Authority: RCW 43.20.050. 93-08-011 (Order 3528), § 246-290- 420, filed 3/25/93, effective 4/25/93; 91-02-051 (Order 1246), recodified as § 246-290-420, filed 12/27/90, effective 1!31/91. Statutory Authority: P.L. 99-339. 89-21-020 (Order 336), § 248-54-201, filed 10/10/89, effective 11/10/89. Statutory Authority: RCW 34.04.045. 88-05-057 (Order 307), § 248-54-201, filed 2/17/88.] http://apps.leg.wa.gov/WAC/default.aspx?cite=246-290-420 2/22/2008 WAC 246-293-660: Minimum standards for system reliability. _ Page,1 of 1 ~ ~ w ~~ /~~ \. ~- I~ ~~ ~~ 246-293-650 « 246-293-660 » 246-293-670 WAC 246-293-660 No Washington State Register filings since 2003 Minimum standards for system reliability. (1) The public water system shall be capable of supplying minimum fire flows either by gravity, or under the following conditions where fire flows are supplied by pumping: (a) The largest pump out of service at any pumping level, (b) The highest capacity treatment unit out of service, while maintaining minimum acceptable standards of water quality. (c) A power outage in effect, unless the appropriate power utility(ies) records indicate a low incidence of electrical outage, defined as follows: (i) Outages shall average three or less per year based on data for the three previous years with no more than six outages in a single year. Power must be lost for a minimum of thirty minutes in order to qualify as an "outage." (ii) Outage duration shall average less than four hours based on data for the three previous years. Not more than one outage during the three previous year period shall have exceeded eight hours. (2) In assessing system reliability, the department shall also give consideration to potential reliability hazards such as reservoir repair or cleaning and/or lack of parallel water transmission lines. [Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-293-660, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.116.080. 79-04-007 (Order 1378), § 248-57-700, filed 3/12/79.] http://apps.leg.wa.gov/WAC/default.aspx?cite=246-293-660 2/22/2008 ~~ 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 $25,015.43 for plan review fee's which will be required to be paid before the pre- construction meeting for either the booster pump station or the pressure sustaining valve (roll seal). S ity Development Department c. Lt. Col. 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M .oo,lta s eL 6& W ^~ W I-- o b Z W- 3~ h VI gh~~V!ON FOY0tnV0mo.~~^mnmS~S{:~:~nwr( b m N W N ym^S i?~udbN ~I N0.1 nI nom Nry NY a^;nhM a~~i~~M1 hOCS O b C) ~ NI J = V ~ 3 n03wwW;3 Wa o8~88^_~_~g~~~8X3YS3ggm8$~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 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. 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 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 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Friday, October 02, 2009 8:31 AM To: Stephanie Ray Subject: Water Committee mtg Hi, well, now it looks like you and I won't be joining the water committee until 5. I haven't heard back from Grant, but that is what I am thinking. I will give you a bit more on this when I see you. 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: Thursday, October 01, 2009 5:40 PM To: Grant Beck Subject: RE: Palisades West So the meeting from 4-5 will be you and Tim with Ron & 3 Councilmembers and Steph & I join at 5? 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: Thursday, October 01, 2009 3:26 PM To: Shelly Badger Subject: Palisades West Shelly - Attached is the staff report (without the attachments) for the Palisades West subdvisision alteration request. I reviewed this report with Tim and Kevin and then spoke to Ron about it today. He would like to discuss it with Tim and I along with Bob Isom, Mike M. and John T. on monday before we start the water meeting. He thought that you reschedule the water meeting for 5:00, thinking you wouldn't be back by 4, but it is at 4:00, so he is thinking of taking the first 1/2 for Palisades West and the rest for water. So, this staff report may change after the meeting, but he understands that, after my meeting with Tim and Kevin, this is the staff recommendation. 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 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 Page 1 of 1 Karen Bennett From: Shelly Badger Sent: Wednesday, October 07, 2009 12:08 PM To: Stephanie Ray Subject: FW: 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 I promised to send this report to you, fyi. 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: Tuesday, October 06, 2009 11:30 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck Subject: Approved 10-13-09 CC mtg -Palisades West 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 ~ grantbt~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: Wednesday, October 07, 2009 12:08 PM To: Stephanie Ray Subject: FW: 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 I promised to send this report to you, fyi. 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: Tuesday, October 06, 2009 11:30 AM To: Janine Schnepf Cc: Ron Harding; Grant Beck Subject: Approved 10-13-09 CC mtg -Palisades West 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 ~ grantbt~ci.yelm.wa.s City of Yelm ~ 105 Yelm Avenue West ~ Yelm, WA 98597 ~ www.ci.yelm.wa.us 3/10/2010 Karen Bennett From: Stephanie Ray Sent: Friday, October 02, 2009 8:35 AM To: Shelly Badger Subject: RE: Water Committee mtg Ok, just let me know. Am I supposed to be preparing anything for this meeting? -----Original Message----- From: Shelly Badger Sent: Fri 10/2/2009 8:30 AM To: Stephanie Ray Subject: Water Committee mtg Hi, well, now it looks like you and I won't be joining the water committee until 5. I haven't heard back from Grant, but that is what I am thinking. I will give you a bit more on this when I see you. 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: Thursday, October 01, 2009 5:40 PM To: Grant Beck Subject: RE: Palisades West So the meeting from 4-5 will be you and Tim with Ron & 3 Councilmembers and Steph & I join at 5? 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: Thursday, October 01, 2009 3:26 PM To: Shelly Badger Subject: Palisades West Shelly - Attached is the staff report (without the attachments) for the Palisades West subdvisision 1 alteration request. I reviewed this report with Tim and Kevin and then spoke to Ron about it today. He would like to discuss it with Tim and I along with Bob Isom, Mike M. and John T. on monday before we start the water meeting. He thought that you reschedule the water meeting for 5:00, thinking you wouldn't be back by 4, but it is at 4:00, so he is thinking of taking the first 1/2 for Palisades West and the rest for water. So, this staff report may change after the meeting, but he understands that, after my meeting with Tim and Kevin, this is the staff recommendation. 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 2