01-22-08 Minutes YELM CITY COUNCIL REGULAR MEETING
TUESDAY, JANUARY 22, 2008 MINUTES
1. Call to Order -Mayor Harding called the meeting to order at 7:30 pm.
2. Roll Call -Present: Don Miller, Joe Baker, Bob Isom, Mike McGowan, Pat
Fetterly, John Thompson and Russ Hendrickson.
3. Agenda Approval
8-010 MOTION BY JOE BAKER APPROVING THE AGENDA AS PRESENTED.
MOTION CARRIED.
a.
8-011 MOTION BY PAT FETTERLY APPOINTING BOB ISOM MAYOR PRO-
TEMPORE FOR 200812009. MOTION CARRIED.
4. Special Presentation -None scheduled.
5. Public Comment- Mayor Harding called for public comment. No public
comment.
6. Consent Agenda
a. Minutes: January 8, 2007 Regular Meeting
b. Payables -Checks 33345-33384 & 33387-33499 Totaling $669,341.47
c. Payroll -
d. Financial Report -
8-012 MOTION BY BOB ISOM APPROVING CONSENT AGENDA ITEMS AS
PRESENTED. MOTION CARRIED.
7. Closed Record Hearing -Mayor Harding opened the closed record hearing at
7:33 pm and read the ground rules for the upcoming oral arguments. Keith
Moxon, GordonDerr, Attorney for JZ Knight will have 20 minutes to present oral
argument on the issues raised in JZ Knight's appeals and the responses of the
other parties. Curtis Smelser, Schwabe, Williamson & Wyatt, P.C, representing
Tahoma Terra Phase II, will share 20 minutes with Alison Moss, Dearborn and
Moss, representing Windshadow I and Berry Valley and Richard Settle, Foster
Pepper and Kathleen Callison, PS representing the City of Yelm.
a. Appeal of Five Development in Yelm
Keith Moxon, GordonDerr LLP explained that the fundamental core problem
with the Hearing Examiners decision is that the cities current and projected
water demand exceeds the cities legal water rights. There is not sufficient
evidence of future water rights for future development including these five
developments projects. JZ Knight encourages the City Council to take the
responsible action to ensure that projects will not be granted final subdivision
approval unless there is clear and well documented evidence of water
availability at that time. Attachment (copy of letter from Department of Ecology
dated August 20, 2007).
Curtis Smelser, Schwabe, Williamson & Wyatt, representing Tahoma Terra
Development stated that he absolutely disagrees with the Appellant, JZ Knight.
Mr. Smelser focused on two issues. Water concurrency and the availability of
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water at final plat and/or the issuance of the building permit. Read Yelm
Municipal Code 15.40.010, 15.40.020 and 16.12.170 section D and explained
them as they pertained to the issue. Tahoma Terra has conveyed 455 acre feet
of water rights to the city for their development project.
Allison Moss, Dearborn and Moss, representing Windshadow I and Berry Valley
I explained that throughout the whole process Ms. Knight has not presented
proof of how approving these five developments would have an adverse effect
on her.
Ms. Moss asks that the Council deny the Knight appeals, strike the attachments
presented by Mr. Moxon's reply brief and strike the section of his reply brief that
adds facts that are not in the record. Two attachments (YMC 2.26.150 and table
2 Yelm water supply and demand).
Dick Settle, Foster Pepper, representing the City of Yelm stated that the real
reason for the Knight appeal is not known. Mr. Settle stated the City is a leader
in conservation and reclamation of water throughout the state. Reminded the
Council that their role is to decide if the Hearings Examiner went outside of the
broad circle of discretion or applied the wrong law or if there was not evidence
or facts to support his decision. Mr. Settle stated an appropriate provision has
been made so that there will be sufficient water available when development
eventually occurs. The Examiner heard and reviewed all the evidence regarding
the appropriate provisions for water and made a written finding that an
appropriate provision was made for water supplies and that is all that the law
requires. Recommended to the Council that the Examiners decision be upheld.
Kathy Callison, PS, Water Rights Attorney for the City of Yelm gave a brief
overview of the reasonable planning process and that the City has made diligent
efforts and continues to have a proactive and aggressive water plan to ensure
that water will be available for growth in the future.
The Mayor asked the council for questions. McGowan asked for clarification on
a condition of approval.
The Mayor closed the closed public hearing at 8:40 pm and asked council for
direction.
8-013 MOTION BY BOB ISOM TO TABLE THIS ISSUE UNTIL THE FEBRUARY 12
MEETING FOR ADDITIONAL REVIEW BUT AT THE SAME TIME ASK THE
STAFF TO PREPARE A RESOLUTION DOCUMENTING THE COUNCILS
DECISION TO UPHOLD THE HEARING EXAMINERS ACTIONS FOR THE
COUNCILS CONSIDERATION AT THE NEXT MEETING.
HEARING NO SECOND, THE MOTION DIES.
8-014 MOTION BY BOB ISOM TO UPHOLD THE EXAMINERS DECISION. MOTION
CARRIED.
Further discussion amongst the council followed. Mayor Harding called for the
question. Motion unanimously carried.
8. New Business -none scheduled
9. Old Business -none scheduled
Council took a 7 minute recess at 8:47 pm.
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Reconvened at 8:53 pm.
10. Mayor and City Council Reports
Councilmember Miller attended the Yelm Fire District meeting. Issues were
discussed and an award was presented to a new Fireman.
Councilmember Baker was unable to attend the Yelm Adult Community Center
meeting. Baker attended the Intercity Transit Board meeting and reported that
the ridership for 2007 had increased by 12.7%. 20 employees were hired. 18
new and 2 former employees that were promoted. In February there will be
increased service in Yelm including routes to Wal-mart. The Yelm
Transportation Committee meeting had been canceled.
Councilmember Isom attended the Thurston Regional Planning Council meeting
last Friday where the 2008 operating budget and $4971.00 was approved for
the planning council. Park and Ride was also discussed.
Councilmember McGowan attended the Thurston County HOME Consortium
meeting and the sub group where $800,000 for affordable housing proposal was
approved for Thurston County. Next meeting they will be voting on hiring staff to
study the needs for acquiring affordable housing in the South County/Yelm
area.
Councilmember Fetterly stated her committee meetings had been canceled.
Councilmember Thompson did not report.
Councilmember Hendrickson did not report.
Mayor Harding stated his assigned meetings had been canceled.
11. Executive Session -none scheduled
12. Correspondence -Provided for review included;
Thurston County Commissioners, Community Conservation, Public Meeting,
January 29, 2008, 6:30 pm Tenino High School.
AWC, City Legislative Action Conference, Red Lion Hotel in Olympia, January
30-31, 2008.
13. Adjourned: 9:00 pm
r
Ronald H din ,Mayor
Attest: `
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Lori ossman, Deputy City Clerk
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