Council Cheat SheetIt’s now [announce the time] and the public hearing in the matter of an appeal by the Yelm Commerce Group, Valentine Fyrst, Bill Nicholls, and James Zukowski of the Hearing Examiner’s
decision to approve the site plan for Wal-Mart is now open.
This is a closed record appeal hearing, and the Council is acting today in it’s quasi-judicial role. The Council will determine if the Hearing Examiner’s decision to approve the site
plan for Wal-mart was legally correct and supported by substantial evidence. The Council will be reviewing the record created by the Hearing Examiner during the public hearing held
August 29th and 30th and September 1st.
The Council will hear tonight a summary of the written documents previously submitted by the Yelm Commerce Group, Wal-Mart, and the Community Development Department. Ten minutes has
been allocated for each of these parties to present their summary. There will be no public testimony at tonight’s hearing.
The City Council has been provided the entire record before the Examiner, including the following materials:
Audio CD’s of the public hearing
The written record before the Examiner
The Examiner’s report and decision
Requests for reconsideration
The Examiners denial of the requests for reconsideration
The appeal memorandum
Responses from the Community Development Department and Wal-Mart
The reply memo from the Yelm Commerce Group
The Community Development Department had asked the parties to raise any appearance of fairness challenges by December 20, and neither the Yelm Commerce Group nor Wal-Mart have submitted
any challenges.
At this time, however, I would ask the Council if they have had any ex-parte communications regarding this appeal. I asked staff to make Wal-Mart’s attorney aware of the ex-parte comments
made at past Council meetings during public comment periods, so those do not need to be further disclosed by each Council member. [poll Council for exparte contacts] [ask Bricklin
and McCullough if there are any further appearance of fairness challenges]
I would now ask Mr. David Bricklin, representing the Yelm Commerce Group and the other appellants, for his summary of the appeal.
[ask Council if they have questions for Bricklin] Thank you, Mr. Bricklin.
Mr. Jack McCullough (maybe Courtney Flora) is here to present a summary of Wal-Mart’s response to the appeal.
[ask Council if they have questions for Wal-Mart] Thank you, Mr. McCollough (Ms. Flora)
And finally, Grant Beck will be presenting a summary of the Community Development Department’s response to the appeal.
[ask Council if they have questions for staff]
It’s now [Announce the time], and the closed record appeal hearing is now closed.
[ask Council for discussion]