03 26 2024 Yelm City Council Agenda Packet—-
EST. 1924
WASHINGTON
CITY COUNCIL AGENDA
March 26, 2024 6:00 PM
Yelm City Council meetings are held in-person at 106 2nd St SE Yelm, WA 98597 and virtually on Zoom. Registration is
required to attend virtually-, please use the link below to register.
httips://usO6web.zoom.us/webinarZregisterZWN gRnsH2PnSu69ho0fffu hPA
1. CALL TO ORDER/ROLL CALL
2. AGENDAAPPROVAL
3. SPECIAL PRESENTATIONS
a) None Scheduled
4. PUBLIC COMMENT—COMPLETE A BLUE SPEAKER'S CARD OR RAISE HAND VIRTUALLY
5. CONSENTAGENDA
a) March 5, 2024 Study Session Minutes and March 12, 2024 Regular Meeting Minutes
b) Approval of Community Event: Movies in the Park
6. NEW BUSINESS
a) City Council Position 4 Vacancy Appointment
b) Amendment No. 2 to the Professional Services Agreement with BCRA for the Conceptual Design
Modifications of the Yelm Education and Innovation Center
Move to authorize Mayor Joe DePinto to approve Amendment No 2 to the Professional Services
Agreement with BCRA for conceptual design modifications of the Yelm Education and
Innovation Center in the not to exceed amount of $55,975.00 including Washington State sales
tax.
c) Interlocal Agreement between Yelm, Lacey, Olympia, Tumwater, and Thurston County for Housing
Allocation Land Capacity Analysis
Move to authorize Mayor DePinto to sign an Interlocal Agreement for Thurston Regional Planning
Council to complete a housing land capacity analysis for all levels of housing affordability in the City of
Yelm, as required by House Bill 1220.
d) Interlocal Agreement between the City of Yelm and Thurston County, authorizing Yelm to complete
permitting process on a property located partially in Thurston County
Move to authorize Mayor DePinto to sign an interlocal agreement between the City of Yelm and
Thurston County to allow Yelm to complete the review and permitting process for a property located
partially within Thurston County.
e) Ordinance No. 1113
106 2nd ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov
The City of Yelm is an equal opportunity employer and provider
Move to Approve Ordinance No. 1113 establishing a Franchise Agreement with Consolidated
Communications of Washington Company, LLC
7. OLD BUSINESS
a) None Scheduled
8. STANDING COUNCIL COMMITTEE REPORTS
a) Public Safety Committee
b) Public Services Committee
c) Finance Committee
9. MAYOR/CITYADMINISTRATOR/STAFF REPORTS
10. COUNCILMEMBER REPORTS
11. EXECUTIVE SESSION
a) None Scheduled
12. ADjoURN
MEETING INFORMATION
All regular Yelm City Council meetings are recorded. Meetings can be viewed at www.yelmwa. ov or a copy
maybe purchased by contacting the City Clerk's office at 360.458.8816.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you require
reasonable accommodations to participate at a City Council meeting, please contact the City Clerk's office at
360.458.8816 at least four (4) working days prior to meeting. Information on the Americans with Disabilities
Act and the Title VI Statement is available at www.yelmwa.gov/human-resources.
*The public comment portion of the agenda is an opportunity for the public to address the Council for items
that are not on the published agenda. Comments are limited to three minutes and five speakers. Comment on
matters listed on the published agenda are welcomed as part of the normal agenda.
Public Comment Guidelines: The City reserves up to five members of the public to address the Council at the
beginning of regular business meetings on topics that are not on the agenda. Each speaker will be given 3
minutes and may be asked follow up questions by the Mayor or Council. Further public comment may be
allowed on agenda topics as time permits. We ask that speakers use respectful language and remember they
are speaking to fellow citizens of Yelm who are committed to listening and responding appropriately to
citizens' concerns.
Members of the public engaging in disruptive behavior may be removed or blocked from the meeting.
Page 2 of 2
EST. 1924
WASHINGTON
CITY COUNCIL STUDY SESSION MEETING MINUTES
VIRTUAL AND IN PERSON
TUESDAY, March 5, 2024
Call to Order: Mayor Pro -Tem Joshua Crossman called the meeting to order at 6:00
p.m.
Roll Call: Tracey Wood, Joseph Richardson, Joshua Crossman, Brian Hess,
Trevor Palmer, Terry Kaminski, and Joe DePinto.
Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, and
Public Services Director Cody Colt
DISCUSSION ITEMS
Clear Gov Budget Software — Finance Director Stephanie Dice gave a presentation on the
benefits of purchasing Clear Gov budget software. She explained that the current software
only provides limited budging tools and no longer meets our biennial budgeting needs. She
stated that we don't need to replace the entire financial system but that we do need a
better, more reliable budget tool.
Yelm Loop Updates— City Engineer Pat Hughes gave updates on the Yelm Loop project and
showed a WSDOT video that was posted on YouTube. The video shows the alignment of
Yelm Loop Phase 2 with an overlay of what the road will look like.
Education Innovation Center (EIC) Grant Updates — Public Services Director Cody Colt
announced that the City has additional grant funds available to use and will be using the
money for additional conceptual design and frontage improvements.
640 Acres RFP Update — City Administrator Todd Stancil reported that the Request For
Proposals (RFP) from commercial real estate firms to provide consulting and brokerage
services to support the future disposition and development of 640 acres property that the
city owns has been completed. It will be advertised this week and proposals are due April
8th
Mayor Report — Attended a meeting with Yelm Community School Superintendent Chris
Woods regarding the school levy that did not pass. He reported that there have been three
qualified applications received for the vacant Council position.
COUNCIL INITIATIVES
Tracey Wood — Asked what will be done with the railroad ties that were removed for the
new portion of the trail.
Trevor Palmer — Asked about the number of parking spaces required for apartment
buildings, has received complaints that there is not a fence around Yelm City Park, asked
why the City of Yelm pull tab tax rate is higher than the state rate and asked about a six foot
wood fence located on Yelm Ave at a day care.
Terry Kaminski — Asked about the status of the chain link fence at the Boys & Girls Club.
ADJOURNMENT
The meeting adjourned at 7:06 p.m.
Joe DePinto, Mayor
Kathy Linnemeyer, City Clerk
FST. 1924
WASHINGTON
CITY COUNCIL MEETING MINUTES
VIRTUAL AND IN PERSON
TUESDAY, March 12 2024
Call to Order:
Mayor Joe DePinto called the meeting to order at 6:00 PM.
Roll Call:
Tracey Wood, Joseph Richardson (virtual), Joshua Crossman, Brian
Hess, Trevor Palmer, Terry Kaminski, and Mayor Joe DePinto.
Staff Present:
City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, Finance
Director Stephanie Nanavich and Public Services Director Cody Colt.
APPROVAL OF THE
Motion by Trevor Palmer to add, adding Sonia Ramirez, Court
Administrator to the Timberland Bank Court account ending in 4984.
Seconded by Brian Hess
Motion carried 6-0
Motion by Brian Hess to approve the agenda as amended.
Seconded by Trevor Palmer
Motion carried 6-0
PUBLIC COMMENT:
Harry Miller expressed appreciation for Mayor DePinto for his
involvement with the Senior Center and thanked him for his support.
CONSENT AGENDA: a) February 6, 2024 Study Session Minutes, February 13, 2024 and
February 27, 2024 Regular Meeting Minutes
b) ClearGov Budget Software Approve to Purchase for $25,125
c) Add Sonia Ramirez, Court Administrator to the Court Timberland
Bank account ending in 4984.
Motion by Brian Hess to approve the consent agenda.
Seconded by Terry Kaminski
Motion carried 6-0
NEW BUSINESS: Professional Services Agreement with SCJ Alliance for Design of the
Prairie Line Trail Phase 2B
Motion by Joshua Crossman to authorize Mayor Joe DePinto to sign
the Professional Services Agreement with SCJ Alliance in the not to
exceed amount of $352,815.47 for design services of the Prairie Line
Trail Phase 2B.
Seconded by Brian Hess
Motion carried 6-0
City Council Applicant Interviews
Applicants addressed Council to present their credentials and
Councilmembers followed up with additional questions. The following
applicants were interviewed: Griselda Arias, Stephanie Kangiser, Ryan
Cruz, Robert Isom, and Roy Putra.
STANDING COUNCIL COMMITTEE REPORTS:
Finance Committee — Councilmember Kaminski reported that the Finance Committee met
and discussed the purchase of ClearGov software. Councilmember Palmer reported that
they also discussed the gambling tax and that the April meeting has been cancelled.
Public Safety Committee — Councilmember Hess announced that the Public Safety
Committee met and discussed the Flock camera system, hiring status of new officers and
the status of Student Resource Officers (SRO) if the school levy fails. They also discussed jail
services and public defender attorney needs.
MAYOR/CITY ADMINISTRATOR/STAFF REPORTS:
City Administrator — Gave updates on the Dog Park and Yelm City Park Stage, announced
that the city will hold ALICE (Alert, Lockdown, Inform, Counter, Evacuate) training at City
Hall and Public Services buildings, Public Services has hired two seasonal employees and
that the Police Department has been very busy.
Mayor DePinto —Attended the Economic Development Council (EDC) meeting, met with
Yelm Community Schools Superintendent, attended the Dollars for Scholars fundraiser and
announced that the end of the legislative session is near.
COUNCILMEMBER REPORTS:
Councilmember Wood —Attended the TCOMM 911 meeting and will attend the
Transportation Policy Board tomorrow.
Councilmember Richardson — Stated that there were five good applicants and only one
vacancy, he thanked the applicants and encouraged them to keep applying.
Councilmember Crossman — Attended the South Thurston Economic Development Initiative
(STEDI) meeting and the Beautification Grant committee meeting.
Councilmember Hess —Attended the Intercity Transit meeting.
Councilmember Palmer—Attended the Solid Waste Advisory meeting.
Council member Kaminski —Attended the Finance Committee meeting, Dollars for Scholars
fundraiser, Chamber of Commerce meeting and will attend the Arts Commission meeting
tomorrow.
ADJOURNMENT: Motion by Josh Crossman to adjourn the meeting at 7:15 PM.
Seconded by Trevor Palmer
Motion carried 6-0
Joe DePinto, Mayor
Kathy Linnemeyer, City Clerk
EST. 1924
WASHINGTON
Meeting Date: March 12, 2024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: APPROVAL OF MOVIES IN THE PARK
KEY FACTS AND INFORMATION SUMMARY:
• Received Facilities Usage Request on February 27, 2024
• Reviewed by Event Review Committee on March 5, 2024
• No notable issues
• Event Review Committee recommends City Council approve this community -wide event
Respectfully Submitted:
Line Roy
Communication & Recreation Coordinator
1
First Name C, V-k�k A Last Name
Signature ��d ?7L17� Date
I�
Name of Organization
■ Registered nonprofit? �S
Name of Event m6ve5 ;n ; TC1r �-)00?j
Organization Address
City State yid
Official Point of Contact
Name(a'�
Phone
Date � � lx, �1b Event Start
- /90A
�/)IeEgsc4riptlon of Event
Zip (M
Last Name t�eA-er e�
Email AU, cr-ev4c(-', C&�A ,C 0,1
Event Finish Total Hours
0: 30 /OYYI &-5 e4o�L-
Estimated number of attendees/participants: -,qdU
Estimated number of attendees/participants traveling over 50 miles: .6:1'
Will you be charging admission to your event? do
Is your event open to the general public? )Y L
Are you using this event as a fundraiser? `rte
Will goods, services, food, and beverages be sold? *See Yelm Municipal Code for
appropriate licensing
Will Event involve alcohol? VO
If yes, will alcohol be
® Served at no charge o��.
® Available for purchase
Will event involve food? -Nf�j
qb
i(avicd an
• Is the event being professionally catered? iO
• Is food being prepared or served onsite by applicant or non-professional
group?
• Is the rented facility's kitchen going to be used?
Will you have music or amplified sound?
Please indicate any and all equipment you intend on bringing or having at this
event:
• Stage°i^
• BBQs 1
• Bounce Houses or dunk tank Ka
• Beer Garden NO
• Tents, including pop up canopies �-
,, ry GP,
• Other
What would you like to request?
• Park only
• Park Space PLUS Community Center & Community Center Parking Lot
• Park Space PLUS Community Center & Community Center Parking Lot and
Designated Street Closure
• Stage only
Estimated Total Due to Reserve Calendar Date: Please see rental rate sheets for
pricing ' - (MovI -Ypu�
Name on Deposit Refarid Check
Check Contact # or Emailns,v?
Check Delivery
• Mail
■ Pickup
How many barricades will you need? Beer gardens must use City of Yelm
Barricades IAL
Hold Harmless/Indemnification/Liability Release
(On Application Page)
The User agrees that it will provide chaperones, over the age of 18, for all youth activities that
User will be sponsoring on or about the premises of the facility. The User further agrees that
the City is not engaged in, nor has the City assumed any responsibility for supervision of any
kind over any of the User's activities conducted on or about the premises of the facility.
Ql-
Initial
The User agrees that the City is not responsible for, and has not conducted any criminal
background checks pursuant to RCW 43.43.830 on persons who are involved in directing,
chaperoning, or supervising youth activities on behalf of the User; and further agrees to the City
and it's elected officials, employees, and agents harmless and to defend the City against any
and all claims, lawsuits, damages, costs, and fees of whatsoever kind that may arise from the
activities the User sponsors on behalf of youth on or about the premises of the facility.
Initial
The User agrees that the City is not responsible for, and has not conducted any criminal
background checks pursuant to RCW 43.43.830 on persons who are involved , on behalf of the
User, in directing, chaperoning, or supervising activities involving developmentally disabled
persons or vulnerable adults; and further agrees to hold the City and its elected officials,
employees, and agents harmless and to defend the City against any and all claims, lawsuits,
damages, costs, and fees whatsoever kind that may arise from activities the User sponsors on
behalf of developmentally disables persons or vulnerable adults on or about the premises of
the facility.
Initial
The User shall indemnify and hold the City and its agents, employees, and/or officers, harmless
from and shall process and defend at its own expense any and all claims, demands, suits at law
or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought
against the City arising out of, in connection with, or incident to the User's use of the facility;
provided, however, that is such claims are caused by or result from the concurrent negligence
of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the User; and provided further, that nothing
herein shall require the User to hold harmless or defend the City, its agents, employees, and/or
officers from any claims arising from the sole negligence of the City, its agents, employees,
and/or officers. The provisions of the section shall survive the expiration or termination of
User's use of the facilities.
C�
Initial
The User agrees that the City is not responsible for damage to or theft of items belonging to
User that User brings to the facility for its activities, including items that User is allowed to store
on the premises of the Yelm Community Center.
CV
Initial
The User agrees that this Application and Agreement is solely for the benefit of the City and the
User, and no third parties are entitled to any rights hereunder; nor may User assign its rights,
duties and obligations to any third party.
Initial
The User agrees that it is solely responsible for possession of the keys to the facility User by the
City for its activities. User agrees that if it loses or misplaces keys given to it by the City that
User will be responsible for the costs involved in re -keying the doors, having sufficient keys
made for use and re -issuance to all authorized users by the City, and for any other reasonable
costs associated therewith.
Initial
The User understands and agrees that it is responsible for compliance with all federal, state and
local laws, rules and regulations in regards to activities it conducts or sponsors on or about the
premises of the facility. The User understands that the City may not discriminate nor endorse
discrimination in the use of the facilities. The User understands and agrees that it will not
discriminate against any person on the grounds of race, religion, creed, color, national origin,
a
Uity of Yelm
EST. 1924
WASHINGTON
Meeting Date: 3-26-2024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: AMENDMENT NO 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
BCRA FOR THE CONCEPTUAL DESIGN MODIFICATIONS OF THE YELM EDUCATION AND
INNOVATION CENTER.
ACTION REQUESTED
Authorize Mayor Joe DePinto to approve Amendment No 2 to the Professional Services
Agreement with BCRA for conceptual design modifications of the Yelm Education and
Innovation Center in the not to exceed amount of $55,975.00 including Washington State sales
tax.
KEY FACTS AND INFORMATION SUMMARY:
Background
Yelm was awarded on 7/1/2019 in the amount of $196,000.00 for feasibility and conceptual
design, and cost estimates of the EIC. BCRA was determined the most qualified to complete this
work. The amount remaining on the grant is $64,105.92.
Current Situation
Skip forward to 2024. The needs of the EIC has changed as well as cost estimates. We went
back to Commerce to ask if we could allocate the roughly $64,000 we had left on the grant to
address the changing needs of the EIC as well as add a property survey and updated cost
estimates and they were happy to oblige. This added work is 100% covered by the original grant
amount. Staff recommends authorization of Amendment No 2 to the Professional Services
Agreement with BCRA for conceptual design modifications of the Yelm Education and
Innovation Center in the not to exceed amount of $55,975.00 including Washington State sales
tax.
1IPage
ATTACHMENTS:
EST. ]924
WASHINGTON
Meeting Date 3-26-2024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
• Amendment No 2 with BCRA
• Scope and Fee from BCRA
Respectfully Submitted:
Brad Chatwood
Projects and Programs Manager
21 Page
EST. 1924
WASHINGTON
Public Services Department
Physical Address: 901 Rhoton Road SE
Mailing Address: 106 Second Street SE
Yelm, WA 98597
(360)458-8406 Fax: (360) 458-8417
Web: www.ci.velm.wa.us
AMENDMENT NO 2
PROFESSIONAL SERVICES AGREEMENT FOR
Programming Updates to the Yelm Education and Innovation Center
In accordance with our Professional Services Agreement for the Yelm EIC, dated 10/19/2020, this is
an authorization to revise the project Scope of Work as described below. The work will be performed
and invoiced using the terms and conditions listed in the original agreement, plus previous amendments
and/or agreements.
The Term of the Agreement is hereby modified as follows:
This includes re -programming updates as needs have changed since the original concept.
The following items are hereby added to the Scope of Work and are detailed in attached Exhibit A:
Programming updates, concept studies of up to 2 options for building layouts, presentation
drawings, general description of public corridors and amenities. Up to date conceptual cost
estimates for total project.
The Compensation Amount of the Agreement is hereby modified as follows:
$55,975.00
EST. 1924
WASHINGTON
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF YELM
Mayor, Joe DePinto
DATE: 03-26-2024
CITY OF YELM
City Clerk, Kathy Linnemeyer
DATE: 03-26-2024
BCRA
0
Printed Name: Christopher Spadafore
Title: Associate Principal
Date: 03-26-2024
h bcra
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
February 15, 2024
Revised: March 7, 2024
Cody Colt, Public Works Director
City of Yelm
1062 d Street SE
Yelm, WA 98597
Sent VIA Email: CodyC@YelmWA.gov
RE: Yelm Education and Innovation Center
ADDITIONAL SERVICE REQUEST #2
BCRA Project No. 19159.00
Dear Cody:
bcradesign.com
BCRA is submitting this Additional Service Request for updates to the original design provided in March 2023.
Description of Change
Per discussions with Cody Colt and Brad Chatwood on February 12 regarding programming changes to the
Yelm EIC project, BCRA will be updating the drawings to show these programming changes and add more
details and inspirational imagery to the design package. These deliverables will be used to promote the
project and seek funding for its design and construction. Please see the attached scope of services for more
details on what will be accomplished for these design updates.
Additional Fees
Scope of Services
Architecture
11 Programming Updates
$53,100
999 Incidental Expenses
$2,875
AS R#2 Total
$55,975
81 Contingent Add'I Svcs — Design Changes
$3,730
This additional service is governed by our existing Agreement for Professional Services dated October 15,
2020.
Closing
Thank you for your patience and understanding in the adjustments needed to make this project a success.
Should you have any questions or concerns, please feel free to contact me.
Sincerely,
4risoopher Spadafore, RA
Associate Principal, BCRA
Approved:
Client Signature
Attachment: Exhibit A: Architecture Scope of Services
Date
I'I bcra bcradesign.com
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
EXHIBIT A
BCRA SCOPE OF SERVICES
Phase 01 Feasibility Study
Task A1— Architecture
Engage with the City of Yelm to discuss the Project Definition, confirm program goals and establish design
concept. The following activities will be performed:
1. General Objective:
a. Develop Proximity/Adjacency Diagrams based on City provided plan markups. Existing building
concept footprint, area, and exterior design direction to remain
i. 15t floor changes consist of adding Council Chambers, Mayor & City Administrator office, front
desk/reception.
ii. 2nd floor consisting of Finance and HR offices
iii. 3rd floor consisting of Multipurpose meeting spaces for 15-30 occupants each.
b. Research and gather imagery to define Interior design and aesthetic.
c. Prepare concept studies of up to 2 options for building plan layouts.
d. Review project drawings for compliance with accessibility codes and regulations.
a. Provide conceptual cost estimate of total project costs, including hard construction costs and
estimated soft costs (permitting, taxes, testing & inspection, design fees, FF&E, owner -hired
consultants).
2. Management, Quality Management and Schedules:
a. Weekly internal team meetings
b. Confirm and update project progress and budget to conform to BCRA Contract Agreement
3. Design / Architecture:
a. Verify that program requirements are incorporated in the plans including support areas
b. Prepare general description of material selections for facility and identify any atypical and high finish
areas entries, public corridors and amenities. Describe in the form of narratives and / or freehand
sketches
c. Coordinate with Civil Engineer and Landscape Architecture on building location and correlation with site
design
Meetings:
• (3) Three Owner meetings,
• (2) Two meetings with Cost Estimator
• (10) Ten Internal Team Coordination Meetings
Assumptions:
• Duration for this phase will be 10 weeks
• Meetings scheduled in addition to those listed above will be provided as part of contingent
additional services
Deliverables:
• Meeting minutes
• Drawings indicating scale and relationship of project components, spaces generally defined and
representative area plans generally graphically fixed
• Graphic Program + Proximity/Adjacency Diagrams
• Presentation drawings
• Cost estimate
City of Yelm — Yelm Education and Innovation Center
BCRA Project No. 19159.00
February 15, 2024
Page 3 of 2
I'I bcra bcradesign.com
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
Contingent Additional Services
The following services may be needed during the course of the feasibility study. Contingent additional
services will not be performed without written authorization from the Owner either in the form of an
additional service request, or in clear email communication.
Phase 81 - Additional Design Changes
Design changes after final deliverables have been completed.
City of Yelm — Yelm Education and Innovation Center
BCRA Project No. 19159.00
February 15, 2024
Page 2 of 2
T 1
Es .Z
WASHINGTON
Meeting Date: March 26, 2024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: Housing Land Capacity Analysis Interlocal Agreement (ILA) between the
Cities of Yelm, Tumwater, Lacey, Olympia, and Thurston County
ACTION REQUESTED:
Move to authorize the Mayor DePinto to sign the Housing Land Capacity Analysis Interlocal
Agreement between the Cities of Yelm, Tumwater, Lacey, Olympia, and Thurston County.
KEY FACTS AND INFORMATION SUMMARY:
House Bill 1220, which was passed by the Legislature, requires all communities planning under the
Washington State Growth Management act to "plan for and accommodate housing affordable to all
income levels."
HB 1220 mandated that cities and counties revise the Housing Element of their Comprehensive Plans to
include the following:
1. Document local allocations of countywide housing needs, as provided by the
Washington State Department of Commerce.
2. Include a statement of goals, policies, objectives and mandatory provisions for
moderate density housing options within an urban growth area.
3. Identify sufficient capacity of land for all housing needs, including all levels of housing
affordability.
4. Make adequate provisions for existing and projected housing needs of all income
brackets, including documenting barriers and actions needed to achieve housing
availability.
5. Identify local policies and regulations that result in racially disparate impacts,
displacement and exclusion the housing, and identify and implement policies and
regulations to begin to address and begin to undo such impacts.
6. Identify areas that may be at higher risk of displacement and establish anti -
displacement policies.
11 Page
_ 1
FST, 1124
WASHINGTON
Meeting Date: March 26, 2024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
The proposed ILA is intended to address #3, above: "Identify sufficient capacity of land
for all housing needs, including all levels of housing affordability." Thurston Regional
Planning Council will conduct the analysis on behalf of all the jurisdictions that are party
to the ILA. A proposed scope of work is attached.
The City of Yelm's financial commitment to this effort would be 10% of the total cost, or
$5,433, as presented in the attached proposed Scope of Work.
ATTACHMENTS:
• Proposed Interlocal Agreement
• Interlocal Agreement Scope of Work
• Washington Department of Commerce Fact Sheet on the requirements of HB 1220
Respectfully Submitted:
Gary Cooper
Planning & Building Manager
21 Page
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1 E5F5EF61
Interlocal Agreement
Between the City of Lacey, the City of Olympia, the City of Tenino, the City of
Tumwater, City of Yelm, Thurston County, and Thurston Regional Planning Council
To Support Housing Element Updates
THIS AGREEMENT is entered into as of the date of the last signature affixed hereto
below between: the City of Lacey, a Washington municipal corporation, (hereinafter "LACEY");
the City of Olympia, a Washington municipal corporation, (hereinafter "OLYMPIA"); the City of
Tenino, a Washington municipal corporation, (hereinafter "TENINO"); the City of Tumwater, a
Washington municipal corporation, (hereinafter "TUMWATER"); the City of Yelm, a Washington
municipal corporation, (hereinafter "YELM"); Thurston County, a Washington municipal
corporation, (hereinafter "COUNTY"); and the Thurston Regional Planning Council, a state -
designated council of governments and regional transportation planning organization,
(hereinafter "TRPC"), collectively referred to as "the Parties."
WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities in a manner pursuant to forms of
governmental organization that will accord best with geographic, economic, populations, and
other factors influencing the needs and development of local communities; and
WHEREAS, pursuant to RCW 39.34.080, each party is authorized to contract with any
one or more other public agencies to perform any governmental service, activity, or undertaking
which each public agency entering into the contract is authorized by law to perform; provided,
that such contract shall be authorized by the governing body of each party to the contract and
shall set forth its purposes, powers, rights, objectives and responsibilities of the contracting
parties; and
WHEREAS, in 2021, Washington State approved an amendment to RCW 36.70A.070(2),
a section of the Growth Management Act (GMA), to instruct local governments to "plan and
accommodate" for housing affordable to all income levels; and
WHEREAS, under this provision, housing elements must include an assessment and
allocation of housing need for different income groups and must identify sufficient capacity of
land for housing to meet that projected housing need; and
WHEREAS, pursuant to RCW 36.70A.130(5) all jurisdictions within Thurston County will
need to review and revise their comprehensive plans by June 30, 2025, to address the new
housing element requirements; and
WHEREAS, the Washington State Department of Commerce has created guidance and
tools for assessing housing need and allocating housing units within a County; and
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
WHEREAS, LACEY, OLYMPIA, TUMWATER, YELM, and the COUNTY contracted with the
Thurston Regional Planning Council (TRPC) in 2023, to design and facilitate a process to reach
regional agreement on the housing allocation method and housing allocations; and are seeking
continued support to complete a land capacity analysis, given TRPC's mission and staff
expertise;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Parties agree as follows:
Services Provided by TRPC
TRPC represents that it is qualified and possesses the necessary expertise, knowledge,
training, and skills, and has the necessary licenses and certifications to perform the
services set forth in this Agreement.
A description of the services to be performed by TRPC is set forth in Exhibit A Scope of
Work, attached hereto and incorporated herein by reference.
TRPC will submit invoices, as applicable, in accordance with Exhibit A: Scope of Work for
payment of completed work during the billing period, and not to exceed a total of
$52,000.
TRPC shall complete its work in accordance with the schedule agreed to by the Parties.
II. Funding and In-kind Commitment
Funding. Each Party shall contribute a share of funding proportional to the total
number of zoning districts within its jurisdiction, and which collectively is sufficient
for the execution of the tasks and budget outlined in Exhibit A. The share of total
funding will be determined as follows:
a. Lacey -24%
b. Olympia — 25%
c. Tenino — 8%
d. Tumwater— 16%
e. Yelm — 10%
f. Thurston County —17%
ii. In-kind Commitment. LACEY, OLYMPIA, TENINO, TUMWATER, YELM, and
THURSTON COUNTY shall allocate in-kind staff time to implement this Agreement.
In-kind staff support includes, but is not limited to:
a. Staff participation in meetings identified in Exhibit A Scope of Work.
b. Staff review of Agreement materials.
C. Staff coordination with other relevant staff and elected officials from their
jurisdiction on ILA products and outcomes.
III. Indemnification and Insurance
WE
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1 E5F5EF61
GMA Housing Element Support ILA
01/12/2024
Each Party agrees to defend, indemnify, and hold the other Parties, their officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses, or suits including reasonable attorney's fees, arising out of or in connection with
the indemnifying Party's performance of this Agreement, including injuries and damages
caused by the negligence of the indemnifying Party's officers, officials, and employees.
The Parties agree to maintain liability insurance; this may be fulfilled by a party's
membership and coverage in WCIA, AWC, or another self-insured municipal insurance
pool.
IV. No Separate Legal Entity Created
This Agreement creates no separate legal entity. No joint organization is created. No
common budget is to be established. No personal or real property is to be jointly
acquired or held.
V. Relationship of the Parties
The employees or agents of each Party who are engaged in the performance of this
Agreement shall continue to be employees or agents of that Party and shall not be
considered for any purpose to be employees or agents of the other Party. This
Agreement is for the benefit of the Parties, and no third -party beneficiary relationship is
intended.
VI. Duration of Agreement
This Agreement shall be effective on the date of the last signature affixed hereto and
shall terminate on December 31, 2025, unless sooner terminated by the Parties as
provided herein.
VII. Dispute Resolution
Step One — Negotiation. In the event of a dispute concerning any matter pertaining
to this Agreement, the Parties involved shall attempt to adjust their differences by
informal negotiation. The Party perceiving a dispute or disagreement persisting after
informal attempts at resolution shall notify the other Parties in writing of the general
nature of the issues. The letter shall be identified as a formal request for negotiation
and it shall propose a date for representatives of the Parties to meet. The other
Parties shall respond in writing within ten (10) business days. The response shall
succinctly and directly set out that Party's view of the issues or state that there is no
disagreement. The Parties shall accept the date to meet or shall propose an alternate
meeting date not more than ten (10) business days later than the date proposed by
the Party initiating dispute resolution. The representatives of the Parties shall meet
in an effort to resolve the dispute. If a resolution is reached, the resolution shall be
memorialized in a memorandum signed by all Parties, which shall become an
addendum to this Agreement. Each Party will bear the cost of its own attorneys,
consultants, and other Step One expenses. Negotiation under this provision shall not
-3-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
exceed 90 days. If a resolution is not reached within 90 days, the Parties shall proceed
to mediation.
b. Step Two — Mediation. If the dispute has not been resolved by negotiation within
ninety (90) days of the initial letter proposing negotiation, any Party may demand
mediation. The mediator shall be chosen by agreement. Each Party will bear the cost
of its own attorneys, consultants, and other Step Two expenses. The parties to the
mediation will share the cost of the mediator. A successful mediation shall result in a
memorandum agreement, which shall become an addendum to this Agreement.
Mediation under this provision shall not exceed 90 days. If the mediation is not
successful within 90 days, the Parties may proceed to litigation.
c. Step Three — Litigation. Unless otherwise agreed by the Parties in writing, Step One
and Step Two must be exhausted as a condition precedent to filing of any legal action.
A Party may initiate an action without exhausting Steps One or Two if the statute of
limitations is about to expire and the Parties cannot reach a tolling agreement, or if
either Party determines the public health, safety, or welfare is threatened.
VIII. Amendments
This Agreement may be amended only by written agreement executed in accordance
with chapter 39.34 RCW.
IX. Termination of Agreement
This Agreement may be terminated upon mutual agreement of the Parties. Any party may
withdraw upon thirty (30) days written notice to the other Parties.
X. Interpretation and Venue
This Agreement shall be governed by the laws of the State of Washington as to
interpretation and performance. The Parties hereby agree that venue for enforcement
of any provisions shall be the Superior Court of Thurston County.
XI. Entire Agreement
This Agreement sets forth all terms and conditions agreed upon by the Parties and
supersedes all prior agreements oral or otherwise with respect to the specific subject
matter addressed herein.
XII. Recording
Prior to its entry into force, this Agreement shall be filed with the Thurston County
Auditor's Office or posted upon the Parties' websites as provided by RCW 39.34.040.
XIII.Counterparts
-4-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
This Agreement may be executed in counterparts, and all such counterparts once so
executed shall together be deemed to constitute one final agreement, as if one
document had been signed by all Parties, and each such counterpart, upon execution
and delivery, shall be deemed a complete original, binding on the Parties. A faxed or
email copy of an original signature shall be deemed to have the same force and effect as
the original signature. A Party may sign by digital or electronic signature, which
signature shall be effective as permitted by law.
XIV. Notice
Any notice required under this Agreement shall be to the party at the address listed below
and it shall become effective three days following the date of deposit with the United
States Postal Service.
CITY OF LACEY
Attn: Grant Beck, Planning and Development Services Manager
Re: GMA Housing Element Support
420 College Street SE
Lacey, WA 98503
CITY OF OLYMPIA
Attn: Leonard Bauer, Community Planning and Development Director
Re: GMA Housing Element Support
P.O. Box 1967
Olympia, WA 98507-1967
THURSTON COUNTY
Attn: Ashley Arai, Community Planning Manager
Re: GMA Housing Element Support
3000 Pacific Avenue SE
Olympia, WA 98501
CITY OF TENINO
Attn: Dan Penrose, SCJ Alliance
Re: GMA Housing Element Support
149 Hodgden Street
South Tenino, WA 98589
CITY OF TUMWATER
Attn: Brad Medrud, Planning Manager
Re: GMA Housing Element Support
555 Israel Road SW
Tumwater, WA 98501
CITY OF YELM
Attn: Gary Cooper, Planning and Building Manager
Re: GMA Housing Element Support
106 Second Street SE
-5-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
Yelm, WA 98597
THURSTON COUNTY
Attn: Ashley Arai, Community Planning Manager
Re: GMA Housing Element Support
3000 Pacific Avenue SE
Olympia, WA 98501
THURSTON REGIONAL PLANNING COUNCIL
Attn: Michael Ambrogi, Senior Planner
Re: GMA Housing Element Support
2411 Chandler Court SW
Olympia, WA 98502
XV. Waiver
A failure by a Party to exercise its rights under this Agreement shall not preclude that
Party from subsequent exercise of such rights and shall not constitute a waiver of any
other rights under this Agreement unless stated to be such in a writing signed by an
authorized representative of the Party and attached to the original Agreement.
XVI, Severability
If any provision of this Agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement which can be given effect without the invalid provision, if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
Agreement, and to this end the provisions of this Agreement are declared to be severable.
XVII. Records Retention and Audit
During the progress of the work and for a period not less than six (6) years from the
completion of the tasks set forth herein, the records and accounts pertaining to the work
and accounting therefore are to be kept available for inspection by any Party and the
Federal and State Government and copies of all records, accounts, documents, or other
data pertaining to the work will be furnished upon request. If any litigation, claim, or
audit is commenced, the records and accounts along with supporting documentation shall
be retained until all litigation, claim, or audit finding has been resolved even though such
litigation, claim, or audit continues past the 6 -year retention period.
This Agreement is hereby entered between the Parties and it shall take effect on the date of the
last authorizing signature affixed hereto:
[Signatures are affixed to next pages.]
M
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
GOVERNMENT AGENCY EXECUTIVE
CITY OF LACEY
420 College Street SE
Lacey, WA 98503
—DoocuSigned by:
K& M
Walk, City Manager
2/28/2024
Date:
APPROVED AS TO FORM
D Signetl /by: 1
, 4
David
�EfiOS
Ba47 F4C4g1
chneider, City Attorney
-7-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
GOVERNMENT AGENCY EXECUTIVE
CITY OF OLYMPIA
6014th Ave East
Olympia, WA 98501
L
S/ig',n�ed b11�y:
VA, J
Steven J. ""(WNrney, City Manager
2/23/2024
Date:
APPROVED AS TO FORM
DocuSigned by:
Ani
nafese' arksen, Deputy City Attorney
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
GOVERNMENT AGENCY EXECUTIVE
CITY OF TENINO
149 Hodgen Street
South Tenino, WA 98589
c
0 Doocc uuSS ig nedpbyyy::gI\—v,—
1'9EA5iTA95...
David Watterson, Mayor
2/23/2024
Date:
APPROVED AS TO FORM
DocuSigned by:
1C
Rices ug�ies,ity Attorney
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
GOVERNMENT AGENCY EXECUTIVE
CITY OF TUMWATER
555 Israel Road SW
Tumwater, WA 98501
Ev
DocuSigned by:
t,1��ic, Su.(,(,VAV'
Debbie Su Ivan, Mayor
3/7/2024
Date:
APPROVED AS TO FORM
F (alA W -Lb LL
o ...
S .....
..:
'k-50116VE E 34'c ..
Karen it patrick, City Attorney
-10-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
GOVERNMENT AGENCY EXECUTIVE
CITY OF YELM
106 Second Street SE
Yelm, WA 98597
Joe DePinto, Mayor
Date:
APPROVED AS TO FORM
F
DocuSigned by:
, µ� VlL
re-{�@° 119',Tfty Attorney
-11-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
GOVERNMENT AGENCY EXECUTIVE
THURSTON COUNTY
3000 Pacific Avenue SE
Olympia, WA 98501
C
Jo ua Cummings, ' ector of Community Planning and Economic Development
Date: 7• 'e" 2oZ-'f
APPROVED AS TO FORM
D—Signed by:
fiV'aws bov's
ravis'uPnt,FDeputy Prosecuting Attorney
-12-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA
01/12/2024
GOVERNMENT AGENCY EXECUTIVE
THURSTON REGIONAL PLANNING COUNCIL
2411 Chandler Court SW
Olympia, WA 98502
Marc Daily, Executive Director
Date: z —.;-2
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1 E5F5EF61
GMA Housing Element Support ILA — Exhibit A
01/12/2024
Exhibit A
TRPC Scope of Work
This document includes a proposed scope of work for the Thurston Regional Planning Council (TRPC) to
complete a land capacity analysis for housing in cities of Lacey, Olympia, Tenino, Tumwater, and Yelm,
and Thurston County that meets regional needs for Comprehensive Plan updates due in 2025, and if
necessary, facilitate a review and update to the housing allocations for the Thurston region completed in
2023.
Project Assumptions:
• Project partners include the cities of Lacey, Olympia, Tenino, Tumwater, Yelm, and Thurston
County. Project partners will allocate staff time to participate in scheduled meetings, review
draft materials, and coordinate with relevant staff and elected officials for their jurisdiction.
• The land capacity analysis will be developed to be consistent with RCW 36.70A.070(2)(c) and
guidance developed by the Washington State Department of Commerce.
• TRPC will use the housing allocations developed by the project partners in 2023 unless project
partners choose to revisit and revise those allocations as a part of this project (Optional Task 4).
• TRPC will use the land capacity reported in the 2021 Buildable Lands Report (Appendix III),
including TRPC's method for estimating ADUs. Data may be retabulated to account for recent
annexations, but the underlying model will not be substantially updated.
• Project partners have determined they do not need an Emergency Housing land capacity
analysis.
• TRPC will develop a standard presentation of land capacity results for policymakers, but will not
participate in any presentations.
Tasks
Description
Task 1
1.1 Project Management
• Prepare monthly invoices, ensure project objectives are met, oversee
adherence to schedule and budget, and ensure timely delivery of project
deliverables.
Deliverables
• Monthly invoices and project updates
Task 2
Land Capacity Analysis
2.1 Initial Land Capacity and Classification
• Review existing land supply forecast and summarize land capacity by zone.
• Calculate additional capacity for ADUs on developed lots using TRPC
method.
• Develop an initial classification of zones by allowed housing types
and density level.
• Meet with planning staff from each project partner to review and
revise classification (6 meetings)
-14-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA — Exhibit A
01/12/2024
Tasks
Description
• Update zoning classifications and initial land capacity
2.2 Assess Housing Affordability and Housing Types by Zone
• Relate zone categories to housing types and income levels, using
tables provided in guidance document from the Department of
Commerce.
• Update zoning classifications developed in Task 2 as needed.
2.3 Land Capacity Analysis by Housing Need
• Compare projected housing needs to capacity and zoning
classifications, and identify whether there are any deficits.
2.4 Partner Coordination and Review
• Facilitate 2-3 meetings of project partner staff to confirm direction
and review materials.
Potential agendas for meetings include:
Meeting 1
• Review project expectations and schedule
• Review initial land capacity classifications
• Review initial affordability levels by zone
• Get consensus on methods
Meeting 2
• Overview of Meeting 1
• Present initial land capacity analysis
• Identify need for actions to address any deficits, such as changes to zoning or
changes to housing need allocations.
Meeting 3 (optional)
• Overview of previous meetings
• Present revised land capacity analysis, based on changes identified in
previous meetings.
• Identify any further actions to address remaining housing need deficits or
changes to housing need allocations.
Deliverables
• Draft summary of land capacity and classification
• Draft table showing relationship between zoning categories, housing types, and
income levels
• Meeting agendas and summaries
Task 3
3.1 Draft and Final Deliverables — Land Capacity Analysis
• Prepare final tables and figures for presentation.
-15-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA — Exhibit A
01/12/2024
Tasks
Description
• Prepare draft and final PowerPoint presentation of process and process
outcomes.
• Prepare draft and final technical memo documenting land capacity
methodology and results, including land capacity for each project partner.
Deliverables
• Draft and final PowerPoint slides (6)
• Draft and final technical memo (1)
Task 4
Housing Need Allocation Update
This task applies if the project partners identify a need to revisit and revise the
housing need allocation method completed in 2023.
4.1 Allocation Updates
• Facilitate up to 3 additional meetings of project partner staff. TRPC
will invite representatives from Tenino, Rainier, and Bucoda to
pa rticipate.
• Run updated housing allocation methods identified in Task 2.
• Revise land capacity analysis to address deficits.
4.2 Revised Housing Allocation final deliverables
• Prepare revised tables and figures for jurisdiction presentations.
• Prepare updated technical memo.
Deliverables
• Meeting agendas and summaries
• Revised Housing Need Allocation technical memo
Task 5
5.1 Countywide Planning Policies Review Scope of Work
Develop a scope of work and schedule for updates to the County Wide Planning
Policies to ensure consistency and alignment with housing element reviews.
• Facilitate 1-2 meetings of project partner staff (may overlap with
other meetings)
• Draft scope and schedule
• Update scope based on partner feedback
• CWPP Update Scope of Work
-16-
DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61
GMA Housing Element Support ILA — Exhibit A
01/12/2024
Budget
Costs to complete the work included in this scope of work will be divided proportionally among
the six partner jurisdictions according to each jurisdiction's total number of zoning districts.
Staff
Billing
Rate
Task 1
(hours)
Task 2
(hours)
Task 3
(hours)
Task 4
(hours)
Task 5
(hours)
Cost
Senior Planner (PM)
$78.44
42
160
90
55
5
$27,611
Planning Manager
$93.64
5
20
8
15
10
$5,618
Office Specialist
$23.00
17%
11
TOTAL
134
$536
Subtotal
$33,766
Indirect Costs
0.54
$18,234
Total Cost
$52,000
Cost Per Partner
Jurisdiction
Zoning Districts
Percent of Total
Zoning Districts
Cost Per Partner
Lacey
32
24%
$12,418
Olympia
33
25%
$12,806
Tenino
11
8%
$4,269
Tumwater
21
16%
$8,149
Yelm
14
10%
$5,433
Thurston Co
23
17%
$8,925
TOTAL
134
$52,000
-17-
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GMA Housing Land Capacity Analysis — Exhibit A, TRPC Scope of Work
FINAL— 1/12/2024
Exhibit A
TRPC Scope of Work
This document includes a proposed scope of work for the Thurston Regional Planning Council (TRPC) to
complete a land capacity analysis for housing in cities of Lacey, Olympia, Tenino, Tumwater, and Yelm,
and Thurston County that meets regional needs for Comprehensive Plan updates due in 2025, and if
necessary, facilitate a review and update to the housing allocations for the Thurston region completed in
2023.
Project Assumptions:
• Project partners include the cities of Lacey, Olympia, Tenino, Tumwater, Yelm, and Thurston
County. Project partners will allocate staff time to participate in scheduled meetings, review
draft materials, and coordinate with relevant staff and elected officials for their jurisdiction.
• The land capacity analysis will be developed to be consistent with RCW 36.70A.070(2)(c) and
guidance developed by the Washington State Department of Commerce.
• TRPC will use the housing allocations developed by the project partners in 2023 unless project
partners choose to revisit and revise those allocations as a part of this project (Optional Task 4).
• TRPC will use the land capacity reported in the 2021 Buildable Lands Report (Appendix III),
including TRPC's method for estimating ADUs. Data may be retabulated to account for recent
annexations, but the underlying model will not be substantially updated.
• Project partners have determined they do not need an Emergency Housing land capacity
analysis.
• TRPC will develop a standard presentation of land capacity results for policymakers, but will not
participate in any presentations.
Tasks
Description
Task 1
1.1 Project Management
• Prepare monthly invoices, ensure project objectives are met, oversee adherence to
schedule and budget, and ensure timely delivery of project deliverables.
Deliverables
• Monthly invoices and project updates
Task 2
Land Capacity Analysis
2.1 Initial Land Capacity and Classification
• Review existing land supply forecast and summarize land capacity by zone.
• Calculate additional capacity for ADUs on developed lots using TRPC method.
• Develop an initial classification of zones by allowed housing types and
density level.
• Meet with planning staff from each project partner to review and revise
classification (6 meetings)
• Update zoning classifications and initial land capacity
GMA Housing Land Capacity Analysis — Exhibit A, TRPC Scope of Work
FINAL— 1/12/2024
Tasks
Description
2.2 Assess Housing Affordability and Housing Types by Zone
• Relate zone categories to housing types and income levels, using tables
provided in guidance document from the Department of Commerce.
• Update zoning classifications developed in Task 2 as needed.
2.3 Land Capacity Analysis by Housing Need
• Compare projected housing needs to capacity and zoning classifications,
and identify whether there are any deficits.
2.4 Partner Coordination and Review
• Facilitate 2-3 meetings of project partner staff to confirm direction and
review materials.
Potential agendas for meetings include:
Meeting 1
• Review project expectations and schedule
• Review initial land capacity classifications
• Review initial affordability levels by zone
• Get consensus on methods
Meeting 2
• Overview of Meeting 1
• Present initial land capacity analysis
• Identify need for actions to address any deficits, such as changes to zoning or
changes to housing need allocations.
Meeting 3 (optional)
• Overview of previous meetings
• Present revised land capacity analysis, based on changes identified in previous
meetings.
• Identify any further actions to address remaining housing need deficits or changes
to housing need allocations.
Deliverables
• Draft summary of land capacity and classification
• Draft table showing relationship between zoning categories, housing types, and
income levels
• Meeting agendas and summaries
Task 3
3.1 Draft and Final Deliverables — Land Capacity Analysis
• Prepare final tables and figures for presentation.
• Prepare draft and final PowerPoint presentation of process and process outcomes.
GMA Housing Land Capacity Analysis — Exhibit A, TRPC Scope of Work
FINAL— 1/12/2024
Tasks
Description
• Prepare draft and final technical memo documenting land capacity methodology
and results, including land capacity for each project partner.
Deliverables
• Draft and final PowerPoint slides (6)
• Draft and final technical memo (1)
Task 4
Housing Need Allocation Update
This task applies if the project partners identify a need to revisit and revise the housing
need allocation method completed in 2023.
4.1 Allocation Updates
• Facilitate up to 3 additional meetings of project partner staff. TRPC will
invite representatives from Tenino, Rainier, and Bucoda to participate.
• Run updated housing allocation methods identified in Task 2.
• Revise land capacity analysis to address deficits.
4.2 Revised Housing Allocation final deliverables
• Prepare revised tables and figures for jurisdiction presentations.
• Prepare updated technical memo.
Deliverables
• Meeting agendas and summaries
• Revised Housing Need Allocation technical memo
Task 5
5.1 Countywide Planning Policies Review Scope of Work
Develop a scope of work and schedule for updates to the County Wide Planning Policies to
ensure consistency and alignment with housing element reviews.
• Facilitate 1-2 meetings of project partner staff (may overlap with other
meetings)
• Draft scope and schedule
• Update scope based on partner feedback
• CWPP Update Scope of Work
GMA Housing Land Capacity Analysis — Exhibit A, TRPC Scope of Work
FINAL— 1/12/2024
Budget
• Costs to complete the work included in this scope of work will be divided proportionally among
the six partner jurisdictions according to each jurisdiction's total number of zoning districts.
Staff
Billing
Rate
Task 1
(hours)
Task 2
(hours)
Task 3
(hours)
Task 4
(hours)
Task 5
(hours)
Cost
Senior Planner
(PM)
$78.44
42
160
90
55
5
$27,611
Planning
Manager
$93.64
5
20
8
15
10
$5,618
Office Specialist
1 $23.00
17%
11
TOTAL
134
$536
Subtotal $33,766
Indirect Costs 0.54 $18,234
Total Cost $52,000
Cost Per Partner
Jurisdiction
Zoning Districts
Percent of Total
Zoning Districts
Cost Per Partner
Lacey
32
24%
$12,418
Olympia
33
25%
$12,806
Tenino
11
8%
$4,269
Tumwater
21
16%
$8,149
Yelm
14
10%
$5,433
Thurston Co
23
17%
$8,925
TOTAL
134
$52,000
0
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Planning for Housing in Washington
March 2023 Update
In 2021, the Washington Legislature changed the way communities are required to plan for housing with House Bill
1220 (HB 1220). he Growth Management Act (GMA) housing goal was amended to "plan for and accommodate"
housing affordable to all income levels, significantly strengthening the previous goal, which was to "encourage
affordable housing." Significant updates were also made to how jurisdictions are to plan for housing in the housing
element of their comprehensive plans.
Projected Housing Needs
HB 1220, codified in RCW 36.70A.070(2), directs the Department of Commerce to
Housing Units
provide existing and future housing needs for communities in Washington,
, Income Band ' �,
including units for moderate, low, very low and extremely low-income households,
and for emergency housing, emergency shelters and permanent supportive
Emergency NA
housing (see sidebar).
housing/shelters
Extremely low 0-30% AMI,
To develop the projected housing needs, Commerce worked with an advisory
including
committee of stakeholders to develop methodology and an Excel tool to project
some PSH*
housing needs based on county population projections. To be consistent with the
Very low a30-50%
framework for planning under the GMA, Commerce projected housing need at the
county level and is providing guidance to local governments for how counties,
Low >50-80%
cities and towns should work together to allocate the needs based on land and
Moderate ?80-120%
infrastructure capacity, jobs, services and other factors.
Other Above 120%
Based on the Office of Financial Management's (OFM) medium population *PSM = permanent supportive housing
projections, the final projected housing needs by income bracket for 2044 is
available at the end of this document. These housing projections are from the final Housing for All PlanningTool
HAPT available on the Commerce Updating GMA Housing Elements web page.
Certain faster growing communities will be using these projections to update their comprehensive plans and
regulations over the next few years. Counties may choose a higher or lower population target from the OFM range
and then use Commerce's new tool to identify how much housing is needed in each income bracket. Counties, cities
and towns then must work together to decide how to plan for and accommodate housing to meet the needs of each
income bracket, and ensure enough emergency housing can be sited.
Housing Element Requirements
The updated housing element requirements of RCW 36.70A.070(2), now require jurisdictions fully planning under
the GMA to address the following as they update their comprehensive plan housing element:
• Document local portion of countywide housing needs as provided by Commerce,
• Include a statement of goals, policies, objectives and mandatory provisions for moderate density housing
options within an urban growth area,
• Identify sufficient capacity of land for all housing needs, including by the income brackets noted above,
emergency housing and emergency shelters, and permanent supportive housing,
PLANNING FOR HOUSING IN WASHINGTON (MARCH 2023 UPDATE)
V3.1
Make adequate provisions for existing and projected housing needs of all income brackets, including
documenting barriers and actions needed to achieve housing availability,
Identify local policies and regulations that result in racially disparate impacts, displacement and exclusion in
housing, and identify and implement policies and regulations to begin to address and begin to undo such
impacts, and
Identify areas that may be at higher risk of displacement and establish anti -displacement policies.
Commerce Guidance
Commerce has developed draft guidance to advise communities on how to address these requirements, and will
publish final guidance in three documents according to this table.
Book 1: Establishing Housing
Targets for your Community
Book 2: Guidance for Updating
your Housing Element
Book 3: Guidance for Addressing
Racially Disparate Impacts
• Allocating , countywide ountywide housing March 2023
needs to local governments
• HAPT tool with projections
• Evaluating land capacity April 2023
• Making adequate provisions
for all income brackets
• Racially disparate impacts March 2023
draft guidance
PLANNING FOR HOUSING IN WASHINGTON (MARCH 2023 UPDATE)
V3.1
March 2023
April 2023
Dec.2022
webinar
2
Projected Housing Needs by County (Medium OFM Projection, 2044)
County
Total
H Need 9
Non -PSH
PSH
Housing
Adams
1,753
276
200
197
333
127
88
532
19
Asotin
1,360
207
218
461
142
63
57
212
35
Benton
35,822
4,037
2,597
6,371
4,319
2,718
3,082
12,698
130
Chelan
10,032
1,226
912
1,725
1,678
803
728
2,960
294
Clallam
5,847
1,654
751
1,504
712
246
186
794
437
Clark
103,475
12,030
7,393
16,188
15,661
9,011
8,534
34,658
3,821
Columbia
98
48
30
20
0
0
0
0
1
Cowlitz
10,000
2,704
1,378
2,425
872
409
423
1,789
173
Douglas
6,755
912
0
826
1,095
573
668
2,681
33
Ferry
184
110
54
20
0
0
0
0
22
Franklin
20,608
1,786
1,804
2,408
3,729
1,935
1,717
7,229
150
Garfield
82
63
6
13
0
0
0
0
2
Grant
17,185
1,743
813
2,448
3,039
1,449
1,382
6,311
93
Grays Harbor
4,152
1,797
1,113
1,183
41
18
0
0
188
Island
8,475
970
833
1,754
1,476
689
654
2,099
262
Jefferson
3,985
1,599
247
558
444
174
221
742
556
King
336,591
84,873
42,993
50,971
25,309
17,395
19,734
95,316
59,616
Kitsap
24,066
5,494
2,646
4,589
3,144
1,393
1,365
5,435
1,280
Kittitas
5,217
1,870
570
1,011
352
271
261
882
0
Klickitat
2,319
565
135
476
337
85
145
576
89
Lewis
5,598
1,799
890
1,133
618
220
170
768
478
Lincoln
203
0
117
80
0
6
0
0
1
Mason
7,848
1,009
1,048
1,499
995
442
547
2,308
89
Okanogan
2,036
875
445
379
160
51
19
107
98
Pacific
1,399
954
217
144
55
5
4
20
255
Pend Oreille
911
221
84
146
146
58
43
213
0
Pierce
135,652
16,098
20,142
22,874
20,255
9,624
8,776
37,883
7,218
San Juan
3,097
560
48
500
418
250
252
1,069
34
Skagit
16,914
2,811
1,607
2,817
2,418
1,282
1,136
4,843
281
Skamania
1,672
569
61
169
190
145
150
388
63
Snohomish
143,182
26,836
14,567
20,800
14,149
11,296
13,246
42,288
9,811
Spokane
70,874
19,416
5,721
13,147
8,117
4,327
3,552
16,594
2,992
Stevens
4,857
1,188
488
450
622
371
314
1,424
41
Thurston
52,456
8,576
3,591
8,264
7,979
4,168
4,162
15,716
921
Wahkiakum
334
11
109
37
40
17
19
101
9
Walla Walla
2,751
1,149
727
767
43
7
58
0
0
Whatcom
34,377
7,929
3,416
6,708
3,776
2,194
2,115
8,239
508
Whitman
3,591
3,011
300
280
0
0
0
0
39
Yakima
21,078
3,563
4,198
4,974
2,264
1,342
872
3,865
1,318
TOTAL 1,106,836
220,539
122,469
180,316
124,928
73,164
74,680
310,740
91,357
Questions and comments on this work may be directed to the project manager, Laura Hodgson, at
laura.hodgson (2commerce.wa.gov or 360-764-3143.
PLANNING FOR HOUSING IN WASHINGTON (MARCH 2023 UPDATE)
V3.1
3
7
f.
EST. 1924
WASHINGTON
Meeting Date: March 26, 2024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: INTERLOCAL AGREEMENT BETWEEN THE CITY OF YELM AND THURSTON
COUNTY AUTHORING THE CITY TO REVIEW AND PERMIT A PROJECT LOCATED PARTIALLY IN
THURSTON COUNTY
ACTION REQUESTED
Move to authorize Mayor DePinto to sign an interlocal agreement between the City of Yelm and
Thurston County, authorizing the City to review and permit a project located partially in
Thurston County.
KEY FACTS AND INFORMATION SUMMARY:
The City has received an application for a property located at 407 East Yelm Avenue that is
located partially in the City of Yelm, and partially within Thurston County (see attachment).
Rather than have the applicant pursue review and permitting from both the City and the
County, an interlocal agreement has been drafted to authorize the City to do the permitting.
The proposal is for a coffee drive through, and only the stormwater pond associated with the
project will be in the County. This interlocal agreement has already been approved for
signature by the Thurston County Board of Commissioners.
ATTACHMENTS:
• Proposed Interlocal Agreement
• Aerial showing parcel and City/County boundaries
• Site Plan
Respectfully Submitted:
Gary Cooper
Planning & Building Manager
11 Page
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF YELM AND THURSTON COUNTY
FOR
PERMIT PROCESSING
WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby
to provide services and facilities in a manner and pursuant to forms of governmental organization that
will accord best with geographic, economic, population, and other factors influencing the needs and
development of local communities; and
WHEREAS, pursuant to RCW 39.34.080, each party is authorized to contract with any one or more other
public agencies to perform any governmental service, activity, or undertaking which each public agency
entering into the contract is authorized by law to perform: provided, that such contract must be
authorized by the governing body of each party to the contract and must set forth its purposes, powers,
rights, objectives, and responsibilities of the contracting parties;
WHEREAS, the City of Yelm (YELM) and Thurston County (COUNTY) intend that under this Agreement
YELM will (except as otherwise provided in this Agreement) serve as the lead agency for reviewing land
use applications and permits for the project identified below and will, if the proposed project meets
applicable City and County code provisions, issue approvals and permits to the applicant, which
approvals and permits will satisfy both CITY and COUNTY requirements;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, YELM and
COUNTY agree as follows:
I. Purpose/Objective
Marian Licxandru has applied for a City of Yelm Ministerial Review approval to site a drive through
coffee stand and office building. This proposal is located at 407 East Yelm Avenue and the parcel
number is 22719342700. The parcel current is partially in the City of Yelm and partially in Thurston
County (See Attachment A). YELM is requesting approval from the COUNTY to complete the permitting
of this project using the City of Yelm Ministerial Review process and development standards. The
proposed development will not have any structures located in Thurston County (See Attachment B).
II. Scope of Agreement/Work
A. Responsibilities of YELM are as follows:
1. Review and process all land use application and apply applicable YELM codes and standards to that
portion of the project located within the City of Yelm, and applicable COUNTY codes and standards to
that portion located in Thurston County, with the following exception for consistency: the entire project
shall be subject to the version of YELM's Engineering Design and Development Standards current at the
time of civil engineering permit application.
Page 1 of 5
3. Complete civil engineering review for the project and issue plan approvals.
4. Complete final plat review, inspections, and approval to assure all conditions of preliminary plat
approval and other platting legal requirements are met by the developer.
5. Hold, inspect, and issue final approval and authorize release of performance bonds submitted by the
developer for the public improvements. YELM shall consult with the COUNTY prior to issuance of final
approval and release of performance bonds under this subsection.
III. Payment (or Funding/Costs/etc.)
Payment of fees:
Applicant is responsible for payment of fees to YELM in accordance with YELM's adopted fee schedule
for permit and plan review, Hearing Examiner services, and inspections. Preliminary plat fee will be
based on the total land area (inside and outside of YELM city limits) that is proposed for land division.
Applicant is also responsible for payment of Thurston County Environmental Health (TCEH) plan review
fees in accordance with the COUNTY's adopted fee schedule.
IV. Method of Payment
Permit and inspection fees will be paid by the applicant via the YELM's online portal. Fees include a
Hearing Examiner deposit. Any additional Hearing Examiner fees will be paid by the applicant after
receipt of an invoice from YELM. upon application submittal.
V. Indemnification & Workers Compensation
The COUNTY and YELM each agree to defend, indemnify, and hold the other, its officers, officials,
employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including
reasonable attorney fees, arising out of or in connection with each entity's respective performance of its
responsibilities under the Agreement, except to the extent such injuries and damages are caused by the
negligence of the other.
In any and all claims against either party, its officers, officials, employees, and agents by any employee,
subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of
them may be liable, the indemnification obligation under this Section is not limited in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by either party or
subcontractor under Worker's Compensation acts, disability benefits acts, or other employee benefits
acts, it being clearly agreed and understood by the parties hereto that the COUNTY and YELM expressly
waives any immunity either might have had under Title 51 RCW. By executing the Contract, the COUNTY
and YELM acknowledge that the foregoing waiver has been mutually negotiated by the parties and that
the provisions of this Section must be incorporated, as relevant, into any contract either party makes
with any subcontractor or agent performing work hereunder.
Page 2 of 5
VI. Joint Board; Property
This Agreement creates no Joint Board and no separate legal entity. No real or personal property will be
acquired or held as part of carrying out this Agreement. To the extent any Party furnishes property for
purposes of carrying out this Agreement, such property must be returned to that Party upon
termination of this Agreement, or upon that Party's withdrawal from this Agreement.
VII. Duration of Agreement
This Agreement is effective until June 30, 2028, unless otherwise terminated in the manner described
under the termination section of this Agreement.
VIII. Termination of Agreement
This Agreement may be terminated upon 60 days notice to the other party using the method of notice
provided for in this Agreement.
IX. Entire Agreement
This Agreement sets forth all terms and conditions agreed upon by YELM and COUNTY, and supersedes
any and all prior agreements oral or otherwise with respect to the subject matter addressed herein.
X. Counterparts
This Agreement may be executed in a number of identical counterparts which, taken together,
constitute collectively one Agreement; but in making proof of this Agreement, it is not necessary to
produce or account for more than one such counterpart. Additionally, (i) the signature pages taken from
separate individually executed counterparts of this Agreement may be combined to form multiple fully
executed counterparts; and (ii) a facsimile signature or an electronically scanned signature, or an
electronic or digital signature where permitted by law, must be deemed to be an original signature for
all purposes. All executed counterparts of this Agreement are originals, but all such counterparts, when
taken together, constitute one and the same Agreement.
XI. Posting or Recording
Prior to its entry into force, this Agreement must be posted upon the websites of the parties or other
electronically retrievable public source or filed with the Thurston County Auditor's Office or as required
by RCW 39.34.040.
XII. Employment Relationship
Employees of each agency remain at all times under the direction and control of their original agency
and the performance of work for any other agency pursuant to this Interlocal Agreement shall not
change that relationship for any purpose. Neither agency may be deemed to have agreed to pay the
other agency's employees any wages or benefits afforded to its own employees. Further, each agency's
responsibilities to its own employees for workplace injuries remains unchanged by this Interlocal
Agreement.
Page 3 of 5
XIII. Notice/Contract Representative
Any notice required under this Agreement must be to the party at the address listed below and shall
become effective three days following the date of deposit in the United States Postal Service.
CITY OF YELM
Attn: Gary Cooper
Re: Interlocal Agreement with Thurston County
901 Rhoton Road SE
Yelm, WA 98597
garyc@velmwa.gov; 360.458.8408
THURSTON COUNTY
Attn: Brett Bures
Re: Interlocal Agreement with City of Yelm
2000 Lakeridge Dr SW, Bldg 1
Yelm, WA 98502
brett.bures@co.thurston.wa.us; 360.786.5471
XIV. Records
Each party shall maintain its own public records and is solely responsible for responding to records
requests received about the subject matter of this interlocal. Any public records request addressed to
the group as if this interlocal created a separate legal entity, must be deemed to be a request received
by each member individually. Each member shall respond separately, unless agreed to otherwise in
writing and properly documented.
XV. Interpretation and Venue
This Agreement is governed by the laws of the State of Washington as to interpretation and
performance. The parties hereby agree that venue for enforcement of this agreement is the Superior
Court of Thurston County.
XVI. Changes, Modifications, Amendments and Waivers
This Agreement may be changed, modified, amended, or waived only by written agreement executed by
the parties hereto. Waiver or breach of any provision or condition of the Agreement may not be
considered a waiver of any prior or subsequent breach.
XVII. Signatures
The parties affirm they have designated the persons below to have signature authority for the parties.
By their signatures on this Agreement, the parties agree to all its provisions and conditions.
Page 4 of 5
Interlocal Agreement/City of Yelm and Thurston County Page 6 of 6 Revised 7-1-2022
XVIII. Severability
If any provision of this Agreement or any provision of any document incorporated by reference is held
invalid, such invalidity does not affect the other provisions, conditions or applications of this Agreement
which can be given effect without the invalid provision, condition, or application. To this end the
provisions and conditions of this Agreement are declared severable.
XIV. Effective Date
This Agreement takes effect as of the date of filing or posting as required by RCW 39.34.040 and section
XI, above.
CITY OF YELM THURSTON COUNTY
Joe DePinto
Mayor
Date:
Approved as to form:
Brent Dille
City Attorney
Name
Title
Date:
Approved as to form:
x
Travis Burns
Deputy Prosecuting Attorney
Page 5 of 5
Attachment A
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WASHINGTON
Meeting Date: March 26th, 2024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: Ordinance 1113, Franchise Agreement
ACTION REQUESTED
Approve Ordinance 1113 establishing a franchise agreement with Consolidated
Communications LLC
KEY FACTS AND INFORMATION SUMMARY:
Larger commercial organizations that have large amounts of infrastructure in city right-of-way
often create franchise agreements to easier maintain and manage that infrastructure. With
Consolidated selling to another entity, it makes sense to replace the original franchise
agreement from 1997 with a new updated agreement that will stick with the new company for
years to come.
ATTACHMENTS:
• Ordinance 1113
• Franchise Agreement
Respectfully Submitted:
Cody Colt
Public Services Director
11 Page
CITY OF YELM
ORDINANCE NO. 1113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, AUTHORIZING A
TEN YEAR NON-EXCLUSIVE, FRANCHISE WITH CONSOLIDATED COMMUNICATIONS OF
WASHINGTON COMPANY, LLC TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE
CITY LIMITS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the original terms of the City of Yelm's previous agreement with
Consolidated Communications of Washington Company, LLC, respectively, have expired; and
WHEREAS, the City and Consolidated Communications of Washington Company, LLC,
desire to have telecommunications provided for the current and future citizens and businesses
of the City; and
WHEREAS, Consolidated Communications of Washington Company, LLC, currently is a
direct, wholly-owned subsidiary of Consolidated Communications of Comerco Company
("CCCC") and pursuant to a Purchase and Sale Agreement dated July 10, 2023 NextCape LLC,
will acquire all issued and outstanding interests in CCCC, and indirectly all of the issued and
outstanding interests of Consolidated Communications of Washington Company, LLC (the
"Transaction").
WHEREAS, Upon completing the Transaction, Consolidated Communications of
Washington Company, LLC, under the ownership of NextCape LLC, will continue to be the
telecommunications provider operating telecommunications facilities and serving customers in
the City; and
WHEREAS, The City and Consolidated Communications of Washington Company, LLC,
desire to formalize their cooperative and mutually beneficial relationships for the provision of
telecommunications with the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Grant of Franchise. The Mayor is authorized to execute a non-exclusive
Franchise Agreement with Consolidated Communications of Washington Company, LLC to
provide telecommunications service for a period of ten (10) years within the City of Yelm on the
terms and conditions set forth in the Franchise Agreement attached hereto as Exhibit 1.
Section 2. Effective Date. This Ordinance shall be in full force and effect five (5) days
after its publication as provided by law. A summary of this Ordinance may be published in lieu
of publishing the Ordinance in its entirety. The "Effective Date" of the Franchise Agreement,
however, shall be the date on which Consolidated Communications of Washington Company,
LLC has executed and filed with the City Clerk a form signifying its acceptance of the terms and
conditions of the Franchise agreement, per YMC 15.86.070(A). The Franchise Agreement shall
be of no force or effect if Consolidated Communications of Washington Company, LLC fails to
file its written acceptance within 30 days of the date of publication of this Ordinance.
Section 3. Severability If any section, sentence, clause or phrase of this Ordinance and
Franchise Agreement is held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutional shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this Ordinance and Franchise Agreement.
Adopted by the Yelm City Council at the regular meeting this 26th day of March, 2024.
Joe DePinto, Mayor
ATTEST:
Kathy Linnemeyer, City Clerk
PUBLISHED:
EFFECTIVE DATE:
EXHIBIT 1
To
City of Yelm Ordinance No. 1113
TELECOMMUNICATION FRANCHISE AGREEMENT
This Telecommunications Franchise Agreement ("AGREEMENT" or "FRANCHISE") is
entered into by and between Consolidated Communications of Washington Company, LLC
("FRANCHISEE") and the municipal corporation of the City of Yelm, Washington ("CITY").
RECITALS
WHEREAS, the CITY recognizes that the use of public rights-of-way must be restricted to
allow for the construction of amenities necessary to serve the needs within the CITY for all parcels
located within the CITY. The coordination, planning, and management of the CITY'S rights-of-way is
necessary to ensure that the burden of costs for the operations of non -municipal interests are not borne
by the citizenry; and
WHEREAS, the CITY has determined that the development of a comprehensive plan for
rights-of-way use, and management is the most effective means for managing the current use of rights-
of-way and ensuring prudent and appropriate decisions concerning the use of rights-of-way in the
future; and
WHEREAS, as a result of a series of prior transactions and intra -corporate restructuring,
FRANCHISEE became the successor -in -interest to prior certificates, franchises, licenses, and
agreements originally held by Yelm Telephone Company, Inc. and has provided telecommunications
services within the City and deployed its telecommunications facilities in the public right-of-way
within the City; and
WHEREAS, Franchisee is an Incumbent Local Exchange Carrier authorized to provide
telecommunications services in the state of Washington pursuant to an Order issued by the Washington
Utilities and Transportation Commission; and
WHEREAS, FRANCHISEE currently is a direct, wholly-owned subsidiary of Consolidated
Communications of Comerco Company ("CCCC"). CCCC is a Washington corporation and a direct,
wholly-owned subsidiary of Consolidated Communications, Inc. ("CCI"), a Washington corporation.
CCI provides broadband and communications services to residential and commercial customers and
other carriers in over 20 states through its operating subsidiaries, including CCWC in Washington; and
WHEREAS, pursuant to a Purchase and Sale Agreement dated July 10, 2023 by and between
Consolidated Communications, Inc. and NextCape LLC, NextCape, LLC will acquire all issued and
outstanding interests in CCCC, and indirectly all of the issued and outstanding interests of FRANCHISEE
(the "Transaction"). The Transaction is expected to be completed upon certain conditions prescribed in the
Agreement, and currently is expected to occur early in the second quarter of 2024; and
WHEREAS, Following the Transaction, FRANCHISEE will continue to be a direct wholly-owned
subsidiary of CCCC and will be an indirect, wholly-owned subsidiary of NextCape. NextCape is indirectly,
wholly-owned by Palisade Diversified Infrastructure Fund No. 3 ("PDIF3"), an Australia infrastructure fund,
and is indirectly owned by funds managed by Palisade Americas Management, LLC ("PAM") and Palisade
Investment Partners Limited ("PIPL"), an Australia specialist infrastructure investment manager, and
WHEREAS, FRANCHISEE is and, after completion of the Transaction, will remain the
telecommunications provider operating telecommunications facilities and serving customers in the City. The
1
legal name of FRANCHISEE may change shortly after completion of the Transaction. To the extent a change
in legal name occurs, FRANCHISEE will notify the City of the change; and
WHEREAS, FRANCHISEE has determined that it is in its best interests to move forward with
the installation and maintenance of telecommunications facilities within the public rights-of-way of
CITY.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Non-exclusive Franchise Granted. CITY hereby grants to FRANCHISEE, subject to the
conditions prescribed in this AGREEMENT, a franchise to use and occupy the CITY -owned rights-
of-way ("FRANCHISE AREA").
Such franchise shall not be deemed to be exclusive to FRANCHISEE and shall in no way prohibit or
limit the CITY's ability to grant other franchises, permits, or rights along, over, or under the areas to
which this FRANCHISE has been granted to FRANCHISEE; provided that, any other franchise(s) do
not unreasonably interfere with FRANCHISEE'S exercise of its franchise. This FRANCHISE shall in
no way interfere with existing utilities or in any way limit, prohibit, or prevent, the CITY from using
the FRANCHISE AREA or affect the CITY'S jurisdiction over any area in any way.
Section 2. Authority. The CITY'S Public Services Director or his/her designee is hereby granted the
authority to administer and enforce the terms and provisions of this FRANCHISE and may develop
such rules, policies, and procedures, as he/she deems necessary to carry out the provisions contained
herein.
Section 3. Construction Provisions and Standards. The following provisions shall be considered
mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance
with the terms of this FRANCHISE:
A. Permit Required — No construction, maintenance, or repairs (except for emergency
repairs) shall be undertaken in the FRANCHISE AREA without first obtaining a permit to
perform such work from CITY'S Public Services Department and paying any applicable fees
as may be lawfully required by the CITY. FRANCHISEE and any person acting on the
FRANCHISEE'S behalf, shall not commence any nonemergency work involving
undergrounding, excavation or obstructing in or about the rights-of-way without five working
days' advance written notice to the CITY. Any private property owner whose property will be
affected by FRANCHISEE'S work shall be afforded the same notice.
B. Coordination — All work and inspection shall be coordinated with the Engineering
Division of CITY'S Public Services Department to ensure consistency with CITY'S
infrastructure, CITY'S future capital improvement projects, all developer improvements, and
pertinent codes and franchises. By February 1st of each year, FRANCHISEE shall provide the
city administrator or designee with a schedule of their planned construction activities which
may affect the rights-of-way for that year. FRANCHISEE shall meet with the city, other
FRANCHISEES and users of the rights-of-way annually or as determined by the city to
schedule and coordinate construction. All construction locations, activities and schedules shall
be coordinated, as ordered by the city administrator or designee, to minimize public
inconvenience, disruption or damages.
C. Construction Standards — Any construction, installation, maintenance, and
restoration activities performed by or for FRANCHISEE within the FRANCHISE AREA shall
be conducted and located so as to produce the least amount of interference with the free passage
of pedestrian and vehicular traffic. All construction, installation, maintenance, traffic control
and restoration activities shall be conducted so as to conform to CITY'S most -current standards
in effect at the time that such activities take place, and as may be detailed in a Manual on
Accommodating Utilities. FRANCHISEE shall maintain its facilities in good and safe
condition and in a manner that complies with all applicable federal, state and local
requirements.
D. Undergrounding — The parties agree that this FRANCHISE does not limit the CITY'S
authority under federal law, state law or local ordinance, to require the undergrounding of
utilities or other facilities. FRANCHISEE shall not be required to convert existing facilities or
install new facilities underground in any areas where other service providers (e.g., power,
cable, telecommunications, etc.) have aerial facilities.
E. Removal or Abandonment — Upon the removal from service of any
telecommunication components or other associated structures, facilities and amenities,
FRANCHISEE shall comply with all applicable standards and requirements prescribed by
CITY'S Public Services Department for the removal or abandonment of said structures and
telecommunication service facilities.
F. "One -Call" Location & Liability — CITY will not locate private infrastructure. The
"One -Call" locate will be the responsibility of the FRANCHISEE.
G. As -Built Plans Required — FRANCHISEE shall present as -built plans to be inspected
and approved by CITY'S Public Services Director or his/her designee.
H. Protect Public Interest — FRANCHISEE understands and agrees that the Yelm
Municipal Code incorporates provisions necessary to protect the public interest and investment
with regard to utilization of CITY -owned roads and rights-of-way.
L Relocation — Whenever CITY determines that it is necessary for any of
FRANCHISEE'S facilities, or for other system components, to be moved or relocated to
accommodate the construction, or enhancement of any CITY -owned public amenity in the
FRANCHISE AREA, CITY shall notify FRANCHISEE in writing of such determination, and
FRANCHISEE shall promptly submit plans for such relocation. Within sixty (60) days (or a
longer period if mutually agreed upon by the FRANCHISEE and CITY) of the approval by
CITY of the plans for relocation, FRANCHISEE shall relocate those facilities or structures
designated by CITY. The costs of moving or relocating FRANCHISEE facilities or structures,
including but not limited to costs for design, engineering and construction is the responsibility
of FRANCHISEE.
Section 4. Franchise Compliance.
3
A. Franchise Violations — The failure by FRANCHISEE to comply fully with any of
the provisions of this AGREEMENT may result in a written notice from CITY, which
describes the violation(s) and requests remedial action within thirty (30) days of receipt of
such notice. If FRANCHISEE has not attained full compliance at the end of the thirty (30)
day period following receipt of the violation notification, CITY may declare an immediate
termination of all franchise rights and authority, provided that full compliance was
reasonably possible within that thirty (30) day period. The demonstration of due diligence
on the part of FRANCHISEE may be grounds for the grant of an extension in the period
during which compliance is to be attained; provided that, FRANCHISEE continues to pursue
correction of any violation(s) of the AGREEMENT that are or were noted by CITY.
B. Emergency Actions — If any of FRANCHISEE'S actions, or any failure by
FRANCHISEE to act, to correct a situation caused by FRANCHISEE is deemed by CITY to
create a threat to life or property, CITY may order FRANCHISEE to immediately correct said
situation threat or, at CITY'S discretion, CITY may undertake measures to correct said
situation threat itself, provided that, when possible, CITY shall notify FRANCHISEE of said
threat and give FRANCHISEE an opportunity to correct said threat before undertaking such
measures itself. FRANCHISEE shall be liable for all costs, expenses, and damages
attributable to the correction of such an emergency situation as undertaken by CITY to the
extent that such situation was caused by FRANCHISEE, and shall further be liable for all
costs, expenses, and damages resulting to CITY from such situation and any reimbursement
of such costs to CITY shall be made within thirty (30) days of written notice of the completion
of such action or determination of damages by CITY. The failure by FRANCHISEE to take
appropriate action to correct a situation caused by FRANCHISEE and identified by CITY as
a threat to public or private safety or property shall be considered a violation of this
FRANCHISE and each day that such a situation continues to exist and FRANCHISEE fails
to take appropriate action to abate said situation shall be regarded as a separate violation. In
the event of an unexpected repair or emergency, FRANCHISEE may commence such repair
and emergency response work as required under the circumstances, provided that
FRANCHISEE shall notify the CITY'S public works director as promptly as possible before
such repair or emergency work or as soon thereafter as possible if advance notice is not
practicable.
C. Other Remedies — Nothing contained in this FRANCHISE shall limit CITY'S
available remedies in the event if FRANCHISEE fails to comply with the provisions of this
FRANCHISE, including but not limited to, CITY'S right to sue for specific performance and/or
damages.
D. Removal of System — In the event that this FRANCHISE is terminated as a result of
violation(s), FRANCHISEE shall at its sole expense, promptly remove all components and
facilities, provided that, CITY, at its discretion, may allow FRANCHISEE to abandon its
facilities in place.
Section 5. Insurance. FRANCHISEE shall present to CITY proof that FRANCHISEE has (1) general
liability insurance in the amounts specified in the City Code
Section 6. Other Permits & Approvals. Nothing in this FRANCHISE shall relieve FRANCHISEE from
any obligation to obtain approvals or necessary permits from applicable federal, state, and CITY authorities
for all activities in the FRANCHISE AREA.
Section 7. FRANCHISEE'S Successors. Notwithstanding Yelm Municipal Code 15.72.220, the rights,
privileges, benefits, title, or interest provided by this FRANCHISE shall automatically transfer to any
assign(s) or successor(s) in interest of FRANCHISEE and, in such event, each instance of the word and
reference to the position of "Franchisee" within this AGREEMENT shall henceforth be read, construed and
interpreted as stating the name of the successor(s). It is the intent of FRANCHISEE and CITY for this
section to control over any contrary provisions of law, including the Yelm Municipal Code. Provided,
however, that FRANCHISEE shall notify CITY of any subsequent proposed change in, transfer of, or
acquisition by any other party of control of FRANCHISEE and request approval of such in accordance with
Yelm Municipal Code 15.72.230.
Section 8. Franchise Term. The franchise rights and authority granted by this FRANCHISE shall remain
in full force and effect for a period of ten (10) years from the effective date of this FRANCHISEE and will
be renegotiable at the end of that time.
Section 9. Administrative Fees. (NOT APPLICABLE)
Section 10. Franchise Fee. (NOT APPLICABLE)
Section 11. Capacity for CITY Use. As long as FRANCHISEE is in compliance and good standing
with CITY, any new expansion into a new service area within the City of Yelm will be subject to
substantially the same terms and conditions set forth in this FRANCHISE and such permission will be
given within sixty (60) days following notice by FRANCHISEE to CITY'S Public Services Director.
However, if FRANCHISEE is not in compliance and good standing with CITY, prior to expanding into
a new service area within the City of Yelm, FRANCHISEE shall contact CITY'S Public Services
Department and provide notice of the proposed area of expansion and negotiations shall then occur
between FRANCHISEE and CITY on specific public benefit projects within the proposed expanded
service area. FRANCHISEE and CITY will agree on the specific public benefit within the proposed
expanded service area prior to FRANCHISEE obtaining a right-of-way use permit for action within
the expanded service area.
Section 12. Notices. Any notices to be served upon CITY or FRANCHISEE shall be delivered to the
following addresses respectively:
CITY:
City of Yelm
ATTN: Public Services Director
901 Rhoton Road
Yelm, WA 98597
FRANCHISEE:
Consolidated Communications of Washington, LLC
ATTN: Contracts Department
2116 South 171h St.
Mattoon, IL 61938
Section 13. Claims for Damages. In the construction, installation, repair, operation, and maintenance
of its structures and facilities, neither FRANCHISEE nor or any person acting on a FRANCHISEE'S
behalf shall take any action or permit any action to be done which may impair or damage any rights-
of -way, or other property located in, on or adjacent thereto except in accordance with Yelm Municipal
Code 15.72.130. FRANCHISEE shall indemnify, hold harmless, and also defend CITY and its
officers, agents, employees, insurers and liability risk pools from all claims, actions or damages of
every kind or description, including reasonable attorney's and expert witness fees, which may accrue
to or be suffered by any person or persons, corporation or property to the extent caused in part or in
whole by any negligent act or omission of FRANCHISEE, its officers, agents, employees and
contractors, carried on in the furtherance of the rights, benefits, and privileges granted to
FRANCHISEE by this FRANCHISE. In the event any claim or demand is presented to or filed with
the CITY which gives rise to FRANCHISEE'S obligation(s) pursuant to this section, CITY shall
within a reasonable time notify FRANCHISEE thereof and FRANCHISEE shall have a right, at its
election, to settle or compromise such claim or demand. In the event any claim or action is commenced
in which CITY is named as a party, and which suit or action is based on a claim or demand which
gives rise to FRANCHISEE'S obligation(s) pursuant to this section, CITY shall promptly notify
FRANCHISEE thereof, and FRANCHISEE shall, at its sole cost and expense, defend such suit or
action by attorneys of its own election. In defense of such suit or action, FRANCHISEE may, at its
election and at its sole cost and expense, settle or compromise such suit or action. This section shall
not be construed to require FRANCHISEE to: (i) protect and save CITY harmless from any claims,
actions, or damages; (ii) settle or compromise any claim, demand, suit, or action; (iii) appear in or
defend any suit or action; or, (iv) pay any judgment or reimburse the CITY'S costs and expenses
(including reasonable attorney's fees), to the extent such claim arises out of the sole negligence of
CITY. To the extent of any concurrent negligence between FRANCHISEE and CITY,
FRANCHISEE'S obligations under this section shall only extend to its own share of negligence or
fault. CITY shall have the right at all times to participate through its own attorney in any suit or action
which arises out of any right, privilege, and authority granted by or exercised pursuant to this
FRANCHISE when CITY determines that such participation is required to protect the interests of
CITY or the public. Such participation by CITY shall be at CITY'S sole cost and expense.
Section 14. Severability. If any section, sentence, clause, or phrase of this FRANCHISE is held to be
invalid or unconstitutional by a court of competent jurisdiction, CITY may, at its sole discretion, deem
the entire FRANCHISE to be affected and thereby nullified. However, in the event that a determination
is made that a section, sentence, clause, or phrase in this FRANCHISE is invalid or unconstitutional,
CITY may elect to treat the portion declared invalid or unconstitutional as severable and enforce the
remaining provisions of this FRANCHISE; provided that, if CITY elects to enforce the remaining
provisions of the FRANCHISE, FRANCHISEE shall have the option to terminate the FRANCHISE.
Section 15. Indemnification. FRANCHISEE, and each of its successors and assigns, agrees and
covenants to indemnify and hold harmless CITY from and against any and all liability, loss, cost,
damages, whether to persons or property, or expense of any type or nature, including reasonable
attorney's fees and expert witness fees, to the extent it arises from any negligent act or omission or
willful misconduct of FRANCHISEE or one of its successors or assigns, arising from or connected to
work under this FRANCHISE; provided however, that in case any suit or action is instituted against
CITY by reason of any such damage or injury, CITY shall: (i) cause written notice thereof to be given
unto FRANCHISEE; (ii) provide all reasonably requested assistance in defense or settlement of such
claim at FRANCHISEE'S expense; and, (iii) retain the right to control the defense of settlement or such
claims.
Section 16. Effective Date. This FRANCHISE shall take effect and be in full force and effect after
approval of the City of Yelm City Council via an Ordinance.
C:
Section 17. Other Conditions. (None)
This FRANCHISE is not valid until accepted and signed by FRANCHISEE
DATED this 26th day of March 2024, at Yelm, Washington.
YELM CITY Mayor
By:
Mayor Joe DePinto
City of Yelm
Date: 3/26/2024
YELM CITY CLERK
By:
Kathy Linnemeyer
City of Yelm
Date: 3/26/2024
YELM CITY ATTORNEY
By:
Brent Dille
City of Yelm
Date: 3/26/2024
CONSOLIDATED COMMUNICATIONS OF WASHINGTON COMPANY. LLC
(FRANCHISEE)
UBI No. 604-378-974
ma
Michael J. Shultz
Senior Vice President Regulatory & Public Policy
Date:
8
Handed out by Chris Woods during Public
s WHY DO WE N E E D A LE v I comment, 03-26-2024 Regular Meeting
Yelm Community School voters in Thurston and Pierce Counties are asked to consider the replacement
EP&O levy to fund essential services and operations not funded by the state or federal government.
This replacement levy is not a new tax and will continue to fund essential programs and services so
all students, starting in Pre -K, are on a path to on-time graduation, continuing education and work.
The levy is 13% of the district's
budget or $15,300,000 (including
the loss of $21VI in Local Effort
Asssitance) which includes staff
and resources in the displayed
areas.
I
AY'H
& AC'
The School Board of Directors has
approved the EP&O Levy at a
reduced rate of $2.25 per $1000 of
assessed property value, reducing
the total amount of local funds that
can be collected each year for the TEACHING
next four years. This will still & LEARNING
require some cuts to the budget
as costs continue to increase.
WHAT IS AT RISK IF WE FAIL THE LEVY
I
ES
73°n
& 4E0V1I0,.4.ir:V
The state doesn't fully fund all staff and related costs to provide the services needed by our students.
Special education services are required by the state and federal laws, but the state funding falls short.
Without a levy, the $2.3M previously charged to the levy will come out of basic education funds. Below
is a projection of which programs, staff and services may be impacted if the levy fails.
Staffing, Program and Service Reductions
Amount
Instructional Student Programs and Supports (ie. Administrators, Advanced Academics,
AVID, Dual Credit, instructional technology, library programs, para educators, teachers,
$5,058,240
textbooks/curriculum, Transitional Kindergarten and programs including multi -language, military
family and STEM nights)
Arts, Career & Technical Education, Leadership, World Language & Elective Programs
$2,318,408
Increase Class Sizes (due to reduction in staffing)
$2,300,000
Extracurricular Athletics, Activities & Field Trips (ie. coaches, advisors, officials, equipment,
$1,700,000
uniforms, transportation)
Social, Emotional and Behavior Supports and Student Interventions (ie. counselors,
$1,213,220
mental health specialists, outreach specialists, social workers, restorative coordinators)
Maintenance of Facilities, Grounds and Technology Scaled to Essential Operations
$1,145,000
Professional Develop1111111
ment (ie. instructional coaches, training, contracted support and travel)
$ 742,000
Health & Safety (ie. nurses, health room, security and school resource officers/SROs)
$ 493,000
Summer School
$ 30,000
91 Eil
LEARN MORE AT: www.ycs.wednet.edu/levy2024
WHAT WILL BE THE TAX RATE?
A levy is raised for a specific dollar amount. The school district cannot collect more money than what is
approved by voters. As the community grows, taxes are shared across the overall community and may
reduce the dollar per thousand of assessed property value. In addition, a property owner's tax rate will
not be more than $2.25 per thousand assessed value if property value declines. Below is an estimate
based on 4% assessed property value growth. Visit our website to use the tax calculator to personal-
ize your projected tax rate.
TILL
2020 - 2024 Levy
Requested. $2.50
"2024Actua
PV - $500,000
Yearly Amount - $1,650
Estimated 4`la Growth
in Property Value
r • i
2025-2028 Levy
Requesting: $2.25
FV
Maximum
PV - $520,000
Yearly Amount - $1,768
Mark your calendars! Superintendent Chris Woods will be hosting five open foie uunris for the
community. We encourage you to attend a meeting, learn how students and the community are
impacted by levy funding and ask questions.
11
Ari19
,: U =
YELM CINEMAS
April 9
12:00 pm
YELM CINEMAS
April 9
6:00 pm
YELM CINEMAS
April 10
6.00 pm
MCKENNA
ELEMENTARY
it
Aril 11
6:90 pm
LACKAMAS
ELEMENTARY
2 „ 920 Additional information is available on our website at www.ycs.wednet.edu or scan the QR
code provided. A video has been posted along with frequently asked questions.
We are here to answer your questions!
Notice of Non -Discrimination: Yelm Community Schools does not discriminate in any programs, activities or employment opportunities on the basis of sex, race,
creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide
or service animal and provides equal access to the Boy Scouts and other designated youth groups. The following employees have been designated to handle
questions and complaints of alleged discrimination: Civil Rights: Doyle Buckingham, 360.458.1800, doyla_buckingham@ycs.wednet.edu; Title IX Coordinator: Lisa
Cadero-Smith, 360.458.6120, lisa_cadero-smith@ycs.wednet.edu; and 504 Coordinator: Shannon Powell, 360.458.6124, shannon_powell@ycs.wednet.edu.
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