01 10 2017 Agenda PacketAGENDA
YELM CITY COUNCIL MEETING
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Website Viewing: Clicking on agenda items will open associated documents including staff reports,
resolutions, ordinances, etc. Note: some agenda items may not have attachments.
1. Call to Order
2. Roll Call
3. Agenda Approval
4. Special Presentations -
Student of the Month -
5. Public Comment — Please complete a blue speaker's card and present it to
the meeting recorder. Comment topics should not appear elsewhere on the
agenda. Time (three minutes per speaker) and the number of speakers (five)
are limited and may be adjusted to meet agenda requirements.
ACTION
6. Consent Agenda ACTION
a. Minutes; Regular Meeting December 13, 2016
b. Payables; Checks
7. Public Hearing -
City of Yelm Comprehensive Plan
8. New Business -
a. Ordinance No. 1018, City of Yelm Comprehensive Plan ACTION
Presenter: Tami Merriman, Associate Planner
Attachments: Staff report, Ordinance No. 1018, Comments and Responses
Public Defender Contract
Presenter: Sonia Ramirez, Court Administrator
Attachments: Staff report, Contract
ACTION
C. Jury Trial Services Contract ACTION
Presenter: Sonia Ramirez, Court Administrator
Attachments: Staff report, Contract
d. Ordinance No. 1017 and Resolution No. 572, Police Vehicle ACTION
Acquisitions
Presenter: Noah Crocker, Finance Director
Attachments: Staff report, Ordinance No. 1017 & Resolution No. 572,
Financing documents
9. Old Business -none scheduled
ACTION
10. Department Updates-
11. Council and Mayor-
Councilmember Curry represents Yelm on the following committees.
• Thurston County Solid Waste • Yelm Adult Community Center
Advisory Committee (SWAC) • Finance Department Liaison
• Public Safety Liaison • SE Thurston County Fire
Authority Liaison
Councilmember Carmody represents Yelm on the following committees.
• Intercity Transit Board 0 Community Investment
• Community Development Partnership CIP)
Liaison 0 Finance Department Liaison
Councilmember Littlefield represents Yelm on the following committees.
*Thurston Thrives steering committee *Yelm Transportation Committee
• Community Development Liaison
Councilmember Stillwell represents Yelm on the following committees.
• Thurston County EDC Board
0 Finance Department Liaison
• Public Safety Liaison
Councilmember Wood represents Yelm on the following committees.
• Thurston Regional Planning
Public Works Liaison
Transportation Committee
(TRPC)
• TComm 911 Admin Board
Councilmember DePinto represents
Yelm on the following committees.
• Yelm Transportation Committee
• Thurston County Law and
• South Thurston Economic
Justice
Development Initiative group
0 Public Safety Liaison
(STEDI)
Councilmember Hendrickson represents Yelm on the following
committees.
• Thurston County EMS -Medic
• Yelm Emergency Operations
One
Board
• Public Works Liaison
Mayor Foster represents Yelm on the
following committees.
• Yelm Economic Development
• Yelm Finance Committee
Committee
• Yelm Emergency Operations
• Thurston County Mayor's Forum
Board
• Yelm Transportation Committee
12. Executive Session -no additional session scheduled
13. Correspondence (Correspondence is available upon request)
Thurston County Chamber of Commerce "Voice" January 2017
Municipal Research News - Winter 2017
2017 Distinguished Leader Awards invitation for January 25, 2017, Olympia
AWC Cityvision magazine- Nov /Dec 2016
14. Adjourn
Upcoming Meetings
Regular City Council Meeting, Tuesday, January 24, 2017, 6:00 pm, Public Safety Building
Council Study Session, Wednesday, January 25, 2017, 5:00 pm, Public Safety Building
Regular City Council Meeting, Tuesday, February 14, 2017, 6:00 pm, Public Safety Building
CITY OF YELM
MEETING INFORMATION
All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid)
fee is required. For information about obtaining a copy of the proceedings, please call
360.458.8437.
Public comments are welcome. However, in order to proceed with scheduled agenda
items the allowable time per speaker is limited to 3 minutes and the number of speakers
limited to five. Comments during the public comment portion of the meeting should not
be associated with measures or topics appearing elsewhere on the agenda and should
not address topics for which public hearings have been conducted or are anticipated.
It is the City of Yelm's policy to provide reasonable accommodations for people with
disabilities. If you are a person with a disability and in need of reasonable
accommodations to conduct business or participate in government processes or
activities, please contact Lori Mossman, at 360.458.8437 at least four (4) working days
prior to the scheduled event. The City of Yelm is an equal opportunity provider and
employer. The Preliminary Agenda and Approved Council Minutes are available at
www.cii. ellirrn.wa.us.
Agenda Item 6. a. 12 -13 -16 Minutes
Page 1 of 7
YELM CITY COUNCIL REGULAR MEETING
TUESDAY, DECEMBER 13, 2016 MINUTES
Mayor Foster called the meeting to order at 6:00 pm.
2. Roll Call Present: El Curry, Molly Carmody, Jennifer Littlefield, Tad Stillwell,
Tracey Wood, Joe DePinto and Russ Hendrickson.
3. Agenda Approval
Mayor Foster asked to add Agenda Item S. g. The contract for City Administrator
to the agenda for tonight.
16 -145 MOTION BY TRACEY WOOD TO AMEND THE AGENDA TO ADD ITEM 8. G.
THE CONTRACT FOR CITY ADMINISTRATOR. SECONDED BY RUSS
HENDRICKSON. MOTION CARRIED.
4. Special Presentations —
Student of the Month - Shelby Fox
Shelby Fox is the November City of Yelm /Rotary Club of Yelm Student of the
Month. Shelby is a full time running start student who is also a Teacher's
Assistant. She always comes in with a smile on her face and a 'willing to work'
attitude. Shelby is actively involved with the Yelm community as well as the JBLM
community as her mom is currently serving in the US Army. She recently put in
extra work to get a last minute scholarship submitted and ended up winning the
VFW Voice of Democracy Scholarship for our area. She will be honored next week.
She is very proactive about her future and is currently applying to UW, University
of Florida and University of Michigan. Congratulations to Shelby!
Introduction of new City Administrator, Michael Grayum
Michael Grayum was running late due to an accident on I5. Michael will be
introduced when he arrives.
5. Public Comment -
Victoria Mattoon voiced concerns about the traffic on West Road and she would
like the electronic signs put back on West Road. Ms. Mattoon feels it is very
dangerous and we need more police officers patrolling in that area.
Micah Anderson handed his Tort Claims to City Attorney, Brent Dille and stated he
hoped to hear from the City soon, and if not, some things might change for the
City.
At 6:10 Mayor Foster announced that Council will go into 15 minute Executive
Session for the purpose of discussing the proposals made in collective bargaining
negotiating sessions for Teamsters Local #252 RCW 42.30.140(4)(a)(b).
At 6:25 pm, Mayor Foster reconvened the meeting.
Raymond Lenz thanked the Mayor and Council for doing what they do for the City
of Yelm. Mr. Lenz introduced himself and stated he has recently moved to
Washington in the Yelm area. He is an artist and he stated Yelm is a good place to
raise a family.
12 -13 -16
Agenda Item 6. a. 12 -13 -16 Minutes
Page 2 of 7
Michael Grayum stated he appreciated the recruitment process for the City
Administrators position. It introduced him to Yelm and the great assets Yelm has
to offer the community. Mr. Grayum looks forward to being part of the community
and advancing the Mayor and Council's goals for Yelm. It is an honor and privilege
and he looks forward to working with everyone and believes "all of us are smarter
than one of us ". Michael introduced his family.
Councilmember DePinto welcomed Michael to Yelm and, said we are all looking
forward to having you on the team and doing great things for Yelm.
6. Consent Agenda
a. Minutes - Regular Meeting November 22, 2016 and Study Session minutes from
November 16, 2016
b. Payables - Checks #68047 - #68169, Totaling $681,140.56
C. Creek Road Final Binding Site Plan -Staff report attached.
16 -146 MOTION BY JOE DEPINTO TO PULL THE PAYABLES FROM THE CONSENT
AGENDA TO DISCUSS FURTHER. SECONDED BY JENNIFER LITTLEFIELD.
16 -147 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA AS
AMENDED. SECONDED BY JENNIFER LITTLEFIELD. MOTION CARRIED.
Councilmember DePinto asked about the payment to the Nisqually River
Foundation for $3500 and was it in the 2017 Budget. Mayor Foster stated that the
City of Yelm has had a long- standing contract with the Nisqually River Foundation,
which is a non - profit group that supports the Nisqually River Council in their
efforts to fulfill the management act for the Nisqually River. The Foundation is
primarily an education group and they work with the local schools to get kids out
on the Nisqually River. The program has been enormously successful. Mayor
Foster stated it was in the budget and it will come before Council in January or
February to renew the contract with the Nisqually River Foundation.
Councilmember DePinto saw a payment voucher for Prothman services and asked
it that would be the last bill from Prothman. Mayor Foster stated the last payment
that he approved was for the reimbursement of travel for the candidates for City
Administrator from out of state and that would be the last bill from Prothman.
Councilmember DePinto asked about the annual payment to Tyler Technologies in
the amount of $25,000. Grant Beck stated that Tyler Technologies is the software
system that we use in the Finance department and Community Development for
permitting and that is the annual maintenance fee and for support of the software
system.
16 -148 MOTION BY COUNCILMEMBER DEPINTO TO APPROVE THE PAYABLES.
SECONDED BY TAD STILLWELL. MOTION CARRIED.
7. Public Hearing - none scheduled
S. New Business -
a. Dreamland Skateparks LLC Retainage Release
Chad Bedlington, Public Works Director stated that on November 10, 2015, City
Council approved the award of the construction contract to Dreamland Skateparks
for construction of the Yelm Skatepark. The City issued notice of final acceptance
on April 28, 2016, with the requirement that all proper documentation be
submitted to the Department of Revenue, Labor and Industries, and Employment
Services and it is determined that there are no liens against the project. On
12 -13 -16
Agenda Item 6. a. 12 -13 -16 Minutes
Page 3 of 7
November 9, 2016, City staff received notification from the Thurston County
Public Health and Social Services (HUD programs administrator) that all
appropriate filing with state agencies had been completed by the contractor and
subcontractors and the City was authorized to release retainage funds to the
contractor.
16 -149 MOTION BY TRACEY WOOD TO ACCEPT AND AUTHORIZE THE RELEASE OF
THE CITY HELD PROJECT RETAINAGE IN THE AMOUNT OF $22,24S.4S TO
DREAMLAND SKATEPARKS LLC FOR CONSTRUCTION ACTIVITIES RELATED
TO THE CITY'S SKATEPARK PROJECT. SECONDED BY EJ CURRY. MOTION
CARRIED.
Chad Bedlington, Public Works Director introduced Maryanne Zukowski, the new
Public Works Manager. Ms. Zukowski has an impressive resume and Chad hopes
that Maryanne has a long lasting career with the City of Yelm.
b. Resolution No. S71, Wastewater Reuse Facility Plan
Chad Bedlington, Public Works Director gave a power point presentation and
reported that a General Sewer Plan (GSP) was completed in 2013 that contained
information on the Water Reclamation Facility (WRF) and issues meeting
permitted requirements for processing and distributing reclaimed water. That plan
was adopted by City Council via Resolution No. 544. Also in GSP were discussions
on how to potentially modify the WRF in the short term to meet permitted
requirements and accommodate a growing community. The next step is to
complete a Sewer Facility Plan as required by the Washington State Department
of Ecology (DOE). The DOE reviewed and approved the Sewer Facilities Plan (SFP)
on October 21, 2016. The approved plan was presented to the Public Works
Committee on November 2, 2016 and to the full City Council on November 16,
2016 at the Study Session. This plan will function as our guiding document as we
move forward with determining our capital needs at the WRF, how to plan for
future capacity limitations, and ascertain how to fund those modifications and
improvements in the best fiscally responsible way. Councilmember DePinto asked
that other alternative options would be considered for payment of the Plan instead
of just increasing the monthly rates for sewer. Chad explained that they have
applied for grants from DOE and will continue to do so. There are four million
dollars in grants accounted for in this financial model already. Chad clarified
questions that Council had on the Plan.
16 -ISO MOTION BY TRACEY WOOD TO APPROVE THE 2016 SEWER FACILITY
PLAN BY ADOPTION OF RESOLUTION NO. S71. SECONDED BY RUSS
HENDRICKSON. MOTION CARRIED.
Councilmember Littlefield clarified that by approving the Plan, we are not
approving any Capital Projects.
C. Professional Services Agreement for Phase I of Facility Plan with
Parametrix Inc.
Chad Bedlington, Public Works Director explained that the General Sewer Plan was
completed in 2013 that contained information on the Water Reclamation Facility
(WRF) and the past issues meeting permitted requirements for reclaimed water.
Also in the report were discussions regarding how to potentially modify the WRF in
the short term to meet requirements and accommodate growth. DOE approved
the Facilities Plan with three capital improvement phases identified and a fourth
12 -13 -16
Agenda Item 6. a. 12 -13 -16 Minutes
Page 4 of 7
alternative phase. Currently, operability is challenging and unreliable requiring
extensive and regular reactive response by staff at the WRF. A Request for
Qualifications was assembled and three consultants were selected from the MRSC
roster to submit a Summary of Qualifications for this project. Parametrix, Inc. was
selected as the most capable consultant to complete the immediate phase one
project.
16 -ISI MOTION BY MOLLY CARMODY AUTHORIZING MAYOR FOSTER TO SIGN A
CONTRACT WITH PARAMETRIX, INC. IN THE AMOUNT OF $239,685.10
FOR THE ENGINEERING DESIGN AND PERMITTING OF THE IMMEDIATE
PHASE I PROJECT FOR THE WATER RECLAMATION FACILITY (WRF).
SECONDED BY JENNIFER LITTLEFIELD.
MOTION CARRIED.
d. Interlocal Agreement between the City of Yelm and the Yelm Community
Schools
Grant Beck, Community Development Director stated that the Yelm Community
Schools approached the City in 2015 regarding the connection of Prairie
Elementary School to the City water system and abandoning the water system
operated by Yelm Community Schools serving the school. Prairie Elementary is
within the City's water service area and urban growth area, but outside the
current City limits. The City, with approval from the City Council, participated with
Yelm Community Schools to obtain a grant from the Washington State
Department of Health to help fund the design and construction of the water
system extension. A water line has now been extended to Prairie Elementary,
funded by Yelm Community Schools and the Washington Department of Health,
and the School is currently being served by the City water system. Yelm
Community Schools has a certificate of water right (G 2 -26363 C) for the use of
3.9 -acre feet per year and up to 20 gallons per minute for community domestic
use and they currently have no use for this water right. They have agreed to
exchange the water right for the system development charges typically collected
upon a new connection to the City water system. The value of these water rights
to the City will be as part of the impact avoidance strategy related to the City's
application to the Washington Department of Ecology for additional water rights to
serve the City's future needs. The estimated water usage by Prairie Elementary is
five equivalent residential units. The system development and inspection fee for
five connections is $31,399.95, which would be waived if the Interlocal agreement
were approved by City Council.
16 -iS2 MOTION BY JOE DEPINTO AUTHORIZING MAYOR FOSTER TO SIGN AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF YELM AND YELM
COMMUNITY SCHOOLS WAIVING SYSTEM DEVELOPMENT CHARGES FOR
THE CONNECTION OF PRAIRIE ELEMENTARY SCHOOL IN EXCHANGE FOR
WATER RIGHTS. SECONDED BY JENNIFER LITTLEFIELD. MOTION
CARRIED.
e. Memorandum of Understanding (MOU) between the City of Yelm and
Teamsters Union Local #2S2 (Public Works)
Mayor JW Foster stated that the contract between the City of Yelm and Teamsters
Local #252 had a re- opening of the contract to address wages and health benefits
only. Negotiations took place on November 8, 2016 with legal representation and
staff and agreed that Public Works would stay on the Healthfirst Plan through 2017
12 -13 -16
Agenda Item 6. a. 12 -13 -16 Minutes
Page 5 of 7
and receive a cost of living increase of 2 %. The 2017 budget reflects changes
made to compensation.
16 -iS3 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN THE
CONTRACT WITH THE PUBLIC WORKS EMPLOYEES REPRESENTED BY
TEAMSTERS UNION LOCAL #2S2. SECONDED BY E) CURRY. MOTION
CARRIED.
f. Prosecution Services Agreement with Bean, Gentry, Wheeler, Peternell LLC
Mayor Foster explained that Bean, Gentry, Wheeler, Peternel LLC has provided
prosecution services for the City of Yelm for a number of years. The Municipal Court
and Police Department have been satisfied with the services provided over the years
and desire continuity in prosecutorial services. The 2017 contract would authorize
BGWP to act as the City's prosecutor and represent the City at all stages of criminal
and civil prosecution. The agreement also includes representing the City in contested
civil infractions, and provides two training sessions for Yelm Police Officers on legal
topics relevant to the Department and discusses issues with the Court. The contract
is in the amount of $36,000 for 2017. Councilmember Wood asked how long Brent
Dille has been the Prosecutor for Yelm. Mr. Dille stated he has been the Prosecutor
since 2003. Councilmember Carmody asked how many cases Brent has currently.
Brent stated 115 cases every two weeks for 230 cases a month, some being review
cases.
16 -iS4 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO ENTER INTO
A CONTRACT WITH BEAN, GENTRY, WHEELER, PETERNELL, PLLC IN THE
AMOUNT OF $36,000 FOR PROSECUTORIAL SERVICES IN 2017. SECONDED
BY RUSS HENDRICKSON. MOTION CARRIED.
g. Contract for City Administrator with Michael Grayum
Mayor Foster apologized for bringing this item late to Council but it was a
collaborative effort to craft the contract.
16 -ISS MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN THE
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF YELM AND MICHAEL
GRAYUM. SECONDED BY TAD STILLWELL. MOTION CARRIED.
9. Old Business —
a. Contract for Services — Yelm Community Services
Grant Beck reported that the City of Yelm has provided funding support to Yelm
Community Services (YCS) since at least the mid 1990's to assist in their mission of
providing assistance to the poor and the infirm of Yelm. This contribution was never
memorialized in a written agreement and the YCS did not invoice the City for the
contribution. In 2015 with significant changeover in the Finance department, the
monthly contribution was discontinued, although not through a deliberate decision.
YCS provides many needed services to those citizens of Yelm and the surrounding
community in need. The YCS also manages for the City, the "Neighborhood
Stabilization Grant" by Housing and Urban Development in which three single family
homes are available in Yelm for low to moderate income families. The City has
contributed $200 per month to YCS. Mayor Foster is proposing to increase that
amount to $250 per month beginning in 2017. Councilmember DePinto asked where
the money is going from the three houses. Grant stated YCS keeps any money left
over from doing the maintenance and repairs to the houses for their management
services. Mayor Foster stated that we will get updated reports from Councilmember
12 -13 -16
Agenda Item 6. a. 12 -13 -16 Minutes
Page 6 of 7
Hendrickson since he is on that committee and will be attending those meetings.
Councilmember Littlefield would like to see the food bank food stored at some other
location rather than the gym. She would like to see the gym be open to the public.
16 -iS6 MOTION BY JOE DEPINTO AUTHORIZING MAYOR FOSTER TO SIGN A
SERVICE PROVIDER AGREEMENT WITH YELM COMMUNITY SERVICES TO
PROVIDE ASSISTANCE TO THE POOR AND INFIRM. SECONDED BY JENNIFER
LITTLEFIELD. OPPOSED — TRACEY WOOD. MOTION CARRIED.
10. Mayor and Council Initiatives
Councilmember Curry attended Thurston County Solid Waste Advisory Committee
(SWAC) meeting where Chapter 10 was approved. Councilmember Curry also
attended the SE Thurston County Fire Authority meeting and reported they are
waiting on feedback from the County on their impact fees. They wanted to thank the
City of Yelm for working with them on their water leak under their concrete.
Also attended a Public Safety Committee meeting and discussed options for power
outages for the Police, parade routes, and new hires. Councilmember Curry attended
the Yelm Adult Community Center meeting and reported they are looking for
someone to take over for the Volunteer of the Year who has received broken ribs due
to an accident.
Councilmember Carmody reiterated her concerns with the level of staffing in the
Public Safety department. Councilmember Carmody would like to look at the 2017
Budget in the first quarter to possibly hire another officer.
Councilmember Littlefield attended the Thurston County Executive Seminar, along
with Councilmember's Wood and Hendrickson, Todd Stancil, Chief of Police and
Mayor JW Foster and discussed recovery options.
Councilmember Stillwell attended the Thurston County EDC Board meeting and
they have two items coming up, 'A scale up program' and 'Tune up your business'
program. These are free eight -week courses to enhance your business.
Councilmember Stillwell read a statement he wrote to sum up his first year on the
City Council. The statement thanked the Mayor and Council for mentoring him over
the past year. Councilmember Stillwell "asked that going into 2017, the group be
mindful that we will never agree on everything ever and to be respectful of other
people that think differently than we do and be open to their ideas. There is one
common goal: to better the City of Yelm. We should always place the interest of the
public before our own. We have a great City and many opportunities to shape our
future in a positive way. We are stronger together and together we can accomplish
great things. Let us make 2017 great ".
Councilmember Wood attended the TComm 911 Admin Board meeting and the
2017 Budget was finalized and approved. Also approved some collective bargaining
agreements. Councilmember Wood also attended the Thurston County Executive
Seminar.
Councilmember DePinto stated Councilmember Stillwell's statement was very well
said. Councilmember DePinto attended the Public Safety meeting today with the
Chief of Police, other Councilmember's and the Mayor, reported that three new
officers stopped a car prowler and a disgruntled person. They are doing a great job
for the City of Yelm. Councilmember DePinto thanked the Chief and the police
officers for the great job they do. Councilmember DePinto was approached by a
member of the Yelm Police department who expressed lack of support from the
Mayor and Council for public safety. They would like to have two officers on duty at
all times. Councilmember DePinto agrees with the officer and would like to see
12 -13 -16
Agenda Item 6. a. 12 -13 -16 Minutes
Page 7 of 7
something done. That officer would like to have a plan in place for the future. Chief
Stancil is working on the issue. Wished everyone a Merry Christmas and Happy
Holidays.
Councilmember Hendrickson attended the Thurston County Emergency
Management Seminar and it was very interesting. Also attended the Yelm Emergency
Operations Board meeting today and discussed fueling and the options available in
the event of an emergency with the Yelm School District. Chief Stancil is an
Emergency Management Board Chairman for 2017.
Mayor Foster thanked the Council and staff for the support that has been shown
over the last three months for his Mayoral position, it has been daunting and
rewarding and averaging approximately thirty -five hours a week in service to the
City. We have accomplished a lot of good work and looks forward to achieving great
things in 2017. Through the City of Yelm website, a student contacted the Mayor
regarding safety and our sidewalks and walking to school. Mayor Foster met with her
teacher Mr. Bowden and seven of the students along with Chad Bedlington, Public
Works Director and Grant Beck, Community Development Director. The students had
done a lot of homework on the safety issue and it was a great opportunity for them
to get involved in their community government. Mayor Foster attended the TRPC
meeting, Yelm Chamber Luncheon and attended the interviews for the Senior
Accounting Clerk's position. Shawn McDonald was hired and will be introduced to
Council at a future meeting. Mayor Foster met with our lobbyists and Representative
Barkis, Representative Wilcox and Senator Becker to discuss our lobbyist's agenda.
Mayor Foster addressed the Leadership Thurston County class on the Capital grounds
in Olympia, attended the South Sound Communities Elected Officials briefing and
attended the Thurston County Executive Seminar. It is imperative that the SE Region
should have their own Emergency Recovery Plan. Reminder that this Friday from 12-
2 will be the Employee Appreciation Luncheon at the Yelm Community Center and all
the Council are invited to attend. Mayor Foster wished everyone Happy Holidays.
11. Executive Session - no additional session scheduled.
12. Correspondence included -
Yelm Area Chamber of Commerce Newsletter December 2016
Thurston Regional Planning Council Meeting after Meeting Summary, December 2,
2016.
16 -iS7 MOTION BY JOE DEPINTO TO ADJOURN, SECONDED BY RUSS
HENDRICKSON. MOTION CARRIED.
13. Adjourned at 7:37 pm.
Attest:
JW Foster, Mayor
12 -13 -16
Lori Mossman, City Clerk
Agenda Item 7. Public Hearing Notice
City of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
City of Yelm
Public Hearing
City of Yelm Comprehensive Plan
The City of Yelm has scheduled a public hearing to receive public comment on the proposed update to
the City of Yelm Comprehensive Plan as part of the Tuesday, January 10, 2017, City Council Meeting.
The meeting will take place at the Yelm Public Safety Building, 206 McKenzie Street SE, at 6:00 PM.
For additional information, please contact Tami Merriman at 360- 458 -8496. The proposed update may
be viewed at the City's web site at or by visiting the Community Development
Department at Yelm City Hall. Written comments will be received up to and at the public hearing. Written
comments may be submitted at the hearing, or may be mailed to Tami Merriman, City of Yelm, 105 Yelm
Avenue West, Yelm, WA 98597.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are
a person with a disability in need of accommodations to conduct business or to participate in government
processes or activities, please contact Lori Mossman at 360- 458 -8437 at least five working days prior to
the scheduled event.
Lori Mossman, City Clerk
PLEASE DO NOT PUBLISH BELOW THIS LINE
Published: Nisqually Valley News, Friday, December 9, 2016 and Friday, December 30, 2016
Posted Yelm City Hall
Yelm Public Safety Building
To: Mayor JW Foster
Yelm City Council
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 1 of 85
City of Yelm
STAFF REPORT
From: Tami Merriman, Associate Planner
Grant Beck, Community Development Director
Date: December 30, 2016 (for January 10, 2017, City Council Meeting)
Subj: Comprehensive Plan Update
Recommendation
Open the public hearing on the Yelm Comprehensive Plan update, accept public comment, and
continue the hearing to January 24, 2017 at 6:00 pm.
Background
The City of Yelm is required to plan under the Growth Management Act, a provision of which
requires that City's Comprehensive Plan be reviewed every seven years and, if needed, revise
the plan to ensure that it is still consistent with the policies of the Act.
Yelm adopted its Growth Management Act Comprehensive Plan by adoption of Ordinance
Number 550 on February 22, 1994. In 2006 The Yelm City Council adopted Ordinance 858
which among other items updated population projections between 2005 and 2030 - including
2026 figures, and information that confirmed that Yelm and its UGA have sufficient area to
accommodate projected growth.
The process to approve this amendment included reformatting the plan to be more consistent
with the recently adopted Unified Development Code. The Plan was updated to include
updated material such as housing statistics, population projections and capital projects. New
goals and policies were added from the Sustainable Thurston Plan and the JBLM Joint Land Use
Study. This proposed update makes the plan consistent with the Growth Management Act.
The Plan was presented to the Public for review and comment in several ways, including a
newspaper insert, mailing to local homeowners associations, presentations to local stakeholder
groups, advertisement in the Yelm Cinemas, and presented at the 2015 and 2016 Yelm Home
and Garden Show. The Planning Commission held an open house and public hearing in June of
2016, and a second open house and public hearing in August of 2016. The proposed
amendment was also submitted to all required State agency representatives for comment.
Page 1 of 2
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 2 of 85
The proposed Comprehensive Plan amendment, response to all comments received, this staff
report, and public hearing notice was posted on the City of Yelm website.
Current Situation
It is recommended the City Council continue the public hearing to January 24, 2017 at 6:00 pm
in the City Council Chambers and review the plan and all public comment during the next study
session on January 25, 2017 at 5:00 pm in the Public Safety Building training room. It is also
recommended the Council consider continuing the hearing from January 24th to the first
meeting in February 2017.
Page 2 of 2
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 3 of 85
CITY OF YELM ORDINANCE NO. 1018
AN ORDINANCE of the City of Yelm adopting the update to the Yelm Comprehensive Plan.
WHEREAS, The City of Yelm is required to plan under RCW 36.70A.040; and
WHEREAS, in compliance with the Washington State Growth Management Act, Chapter 36.70A
RCW, the City of Yelm adopted a Comprehensive Plan in 1994, and has amended the
plan on several occasions since that time; and
WHEREAS, in accordance with Section 36.70A.130 RCW, an adopted Comprehensive Plan shall be
subject to continuing evaluation and review, and amendments to the Comprehensive
Plan shall be considered no more frequently than once every year, and no less than
every eight years; and
WHEREAS, the Community Development Department prepared a draft proposed update to the
Comprehensive Plan that will ensure that the plan is consistent with the provisions of
the Growth Management Act, including the use of the latest available information for
Thurston County and Yelm to update population projections; and
WHEREAS, the public review process for the proposed amendments included two open houses
and two Public Hearings before the Yelm Planning Commission, and a Public Hearing
before Yelm City Council, official notices for written public comment, and posting
information to the City of Yelm website, and in the Nisqually Valley News; and
WHEREAS, the public participation program included notification of interested Departments of
Washington State, email distribution to any person expressing interest in the review and
the posting of all pertinent drafts, notices, staff reports and public comment on the
City's web site; and
WHEREAS, the draft updates along with official notice were emailed on May 12, 2016, to the
following State and Federal Agencies:
✓ Washington Department of Community, Trade, and Economic Development to be
distributed to all agencies reviewing Comprehensive Plans;
✓ Joint Base Lewis McChord;
✓ Nisqually Indian Tribe; and
✓ Thurston Regional Planning Council; and
WHEREAS, the Planning Commission held a duly advertised public hearing on the updated draft
on June 20, 2016 and August 15, 2016, at which time received verbal and written comments;
and
WHEREAS, the Commission reviewed all comments, updated the proposed draft based on
comments received, and voted unanimously to recommend that the Yelm City Council adopt
the proposed comprehensive plan update; and
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 4 of 85
WHEREAS, the Yelm City Council considered the recommendation of the Yelm Planning
Commission, held a duly advertised public hearing on said recommendation on January 10,
2017; and
WHEREAS, the Council finds it necessary and in the public interest that the Yelm Comprehensive
Plan be updated;
NOW, THEREFORE, THE YELM CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. The Yelm Comprehensive Plan attached to this Ordinance as Attachment A is hereby
adopted and the previous plan replaced.
Section 2. Severability. If any provisions of this Ordinance or its application to any person or
circumstance is held invalid, the remainder of the Ordinance or the application of the provision
to other persons or circumstances is not affected.
Section 3. The Ordinance shall be in full force and effect and after its passage, approval, and
publication as provided by law.
PASSED by the City Council of Yelm this 14th Day of February, 2017.
JW Foster, Mayor
Authenticated:
Lori Mossman, City Clerk
PUBLISHED: Nisqually Valley News, February 24, 2017
EFFECTIVE DATE: March 1, 2017
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 5 of 85
Attachment A
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 6 of 85
rim 10 1 ir
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
2016 COMPREHENSIVE PLAN
Acknowledgements
Elected Officials
JW Foster, Mayor
Ron Harding, Mayor
EJ Curry, Councilmember
Molly Carmody, Councilmember
Jennifer Littlefield, Councilmember
Tracey Wood, Councilmember
Tad Stillwell, Councilmember
Joe DePinto, Councilmember
Russ Hendrickson, Councilmember
Joe Baker, Former Councilmember
Bob Isom, Former Councilmember
Ken Garmann, Former Councilmember
Special Thanks
Yelm Citizens
Yelm Historic Preservation Committee
Yelm Real Estate Network
Yelm Business Association
Page 7 of 85
City Staff
Grant Beck, Community Development Director
Tami Merriman, Associate Planner
Karen Bennett, Administrative Assistant
Yelm Planning Commission
John Graver, Chair
Jerry Fugich, Commissioner
Wayne Potter, Commissioner
John Thomson, Commissioner
Shawn Christensen, Commissioner
Terry Kaminski, Commissioner
Anne Wahrmund, Commissioner
Glen Nutter, Former Commissioner
Jennifer Littlefield, Former Commissioner
Molly Carmody, Former Commissioner
Yelm Parks Advisory Board
Yelm Chamber of Commerce
Windermere Real Estate
Adopted by the Yelm City Council
December 13, 2016
Ordinance No. XXX
Prepared in accordance with the Washington Growth Management Act — RCW 36.70A
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 8 of 85
COMPREHENSIVE PLAN
TABLE OF CONTENTS
Introduction.................................................................................................. ..............................1
Growth Management Act Planning Parameters ............................................ ..............................2
GuidingPrinciples ......................................................................................... ..............................4
Residential Supply vs. Demand ...................................................... .............................16
LandUse ....................................................................................................... ..............................8
Table 3 -
Housing........................................................................................................ .............................19
CapitalFacilities ........................................................................................... .............................23
Housing Unit Projection ................................................................. .............................21
Utilities........................................................................................................ .............................33
Table 5 -
Transportation............................................................................................. .............................36
Economic Development ............................................................................... .............................40
Capacity for Additional Dwelling Units by Type .............................. .............................22
Parksand Recreation ................................................................................... .............................43
Table 7 -
Environmental Protection and Critical Areas ................................................ .............................46
Essential Public Facilities .............................................................................. .............................49
Capital Facilities Plan Funding Sources ........................................... .............................28
JointPlanning Policies .................................................................................. .............................51
Table 9 -
LIST OF TABLES
Table 1-
Population Projections ................................................................... .............................16
Table 2 -
Residential Supply vs. Demand ...................................................... .............................16
Table 3 -
Housing Inventory by Type — 2015 Estimate ................................... .............................21
Table 4 -
Housing Unit Projection ................................................................. .............................21
Table 5 -
Residential Supply vs. Demand ...................................................... .............................22
Table 6 -
Capacity for Additional Dwelling Units by Type .............................. .............................22
Table 7 -
Relationships of Various Plans ....................................................... .............................27
Table 8 -
Capital Facilities Plan Funding Sources ........................................... .............................28
Table 9 -
10 Year Capital Facilities Plan Summary ......................................... .............................29
Table 10
- Long Term Capital Facilities Needs ............................................... .............................31
Table 11
- Inventory of Major City Assets ..................................................... .............................31
LIST OF MAPS
Map 1- Joint Base Lewis McChord Compatibility .......................................... ..............................7
Map 2 - Land Use Designations .................................................................... .............................14
Map 3 - Future Land Use Designations ......................................................... .............................15
Map 4 - 2010 Commercial, Industrial & Mixed Use Development Potential .. .............................17
Map 5 - 2010 Residential Development Potential ......................................... .............................18
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 9 of 85
INTRODUCTION
The Yelm Comprehensive Plan (Plan) establishes the vision of the City of Yelm for the ongoing
and future development of the community over the next 20 to 25 years. The Plan is a broad
statement of goals and policies that direct the orderly and coordinated physical development of
a city into the future.
The 2016 update includes new goals and polices based on comments and ideas from the public,
local stakeholders, and City boards and Commissions, along with applicable goals from the
Sustainable Thurston Development Plan for the Thurston Region and the JBLM Joint Land Use
Study.
The Plan is written in the context of the State Growth Management Act, which mandates issues
that must be dealt with in a comprehensive plan and County -wide planning policies, which
identify how certain aspects of growth management planning are to be met in Thurston County.
The purpose of the Joint Plan is to identify how development is to occur over the next 20 to 25
years for the City, and for the County area within the Urban Growth Area (UGA), which will
eventually be served by City of Yelm public facilities and utilities.
The Plan is intended to apply to the entire UGA. Jurisdictionally, the Plan will be implemented
in the City limits by the City of Yelm, and the unincorporated UGA by Thurston County.
The Plan is organized by subject matter, with each main topic having an objective, general
goals, and policies. The maps, goals, and policies provide the basis for the adoption of
regulations, programs, and services which implement the Plan.
The Plan is to be revisited not less than each eight years to review population progress, the
effectiveness of the existing plan, and the need for change.
The Plan is designed to incorporate and coordinate many of the Yelm planning documents into
a coordinated whole. For purposes of a complete picture, the "Yelm Comprehensive Plan"
includes the following documents:
• Yelm Comprehensive Plan and Joint Plan with Thurston County
• Yelm Transportation Plan
• Yelm Water System Plan
• Yelm General Sewer Plan
• Yelm Parks Plan
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 10 of 85
GROWTH MANAGEMENT ACT PLANNING PARAMETERS
Growth Management Act
The City of Yelm participates in comprehensive planning under the provisions of the Growth
Management Act, Chapter 36.70A RCW. The purpose of the Act is to promote responsive,
responsible local planning to accomplish thirteen identified statewide goals.
The following State Growth Management Act goals are adopted to guide the development and
adoption of comprehensive plans and development regulations of those counties and cities that
are required or choose to plan under RCW 36.70A.040. The following goals are not listed in
order of priority and shall be used exclusively for the purpose of guiding the development of
comprehensive plans and development regulations:
(1) Urban growth. Encourage development in urban areas where adequate public facilities
and services exist or can be provided in an efficient manner.
(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into
sprawling, low- density development.
(3) Transportation. Encourage efficient multimodal transportation systems that are based
on regional priorities and coordinated with county and city comprehensive plans.
(4) Housing. Encourage the availability of affordable housing to all economic segments of
the population of this state, promote a variety of residential densities and housing
types, and encourage preservation of existing housing stock.
(5) Economic development. Encourage economic development throughout the state that is
consistent with adopted comprehensive plans, promote economic opportunity for all
citizens of this state, especially for unemployed and for disadvantaged persons, promote
the retention and expansion of existing businesses and recruitment of new businesses,
recognize regional differences impacting economic development opportunities, and
encourage growth in areas experiencing insufficient economic growth, all within the
capacities of the state's natural resources, public services, and public facilities.
(6) Property rights. Private property shall not be taken for public use without just
compensation having been made. The property rights of landowners shall be protected
from arbitrary and discriminatory actions.
(7) Permits. Applications for both state and local government permits should be processed
in a timely and fair manner to ensure predictability.
(8) Natural resource industries. Maintain and enhance natural resource -based industries,
including productive timber, agricultural, and fisheries industries. Encourage the
conservation of productive forest lands and productive agricultural lands, and
discourage incompatible uses.
(9) Open space and recreation. Retain open space, enhance recreational opportunities,
conserve fish and wildlife habitat, increase access to natural resource lands and water,
and develop parks and recreation facilities.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 11 of 85
(10) Environment. Protect the environment and enhance the state's high quality of life,
including air and water quality, and the availability of water.
(11) Citizen participation and coordination. Encourage the involvement of citizens in the
planning process and ensure coordination between communities and jurisdictions to
reconcile conflicts.
(12) Public facilities and services. Ensure that those public facilities and services necessary
to support development shall be adequate to serve the development at the time the
development is available for occupancy and use without decreasing current service
levels below locally established minimum standards.
(13) Historic preservation. Identify and encourage the preservation of lands, sites, and
structures that have historical or archaeological significance.
County -Wide Planning Policies (CWPP)
Thurston County, with the advice of the Cities and Towns in Thurston County, adopted County -
Wide Planning Policies (CWPP) to aid and focus the Growth Management planning activities in
Thurston County. These County -Wide Planning Policies were specifically approved by the City
of Yelm.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 12 of 85
GUIDING PRINCIPLES
Goal 1 Plan and act toward zero waste in the region.
Policy 1.1 Support efforts to maintain a rate structure that will incentivize waste
prevention, as well as implement policy and support waste reduction programs.
Goal 2 Ensure that residents have the resources to meet their daily needs.
Policy 2.1 Support a coordinated and streamlined approach to social service planning and
funding in Thurston County.
Goal 3 Ensure that the region's water supply sustains people in perpetuity while protecting
the environment.
Policy 3.1 Support regional efforts to find resources to create a water systems plan that
explores ways to manage water resources in the Thurston Region more holistically.
Goal 4 Move toward a carbon - neutral community.
Policy 4.1 Support regional efforts to find resources to create a balanced Thurston Region
climate action plan.
Goal 5 Provide opportunities for everyone in the Thurston Region to learn about and practice
sustainability.
Policy 5.1 Support regional efforts to find resources to ensure continued focus on
sustainability actions, education, and coordination.
Goal 6 Make strategic decisions and investments to advance sustainability regionally.
Policy 6.1 Support regional efforts to develop a generic sustainability checklist for
modification and use by local jurisdictions.
Policy 6.2 Incorporate a locally adopted sustainability checklist into the decision making
process for funding allocations, comprehensive plan amendments, and capital facilities
investments.
Goal 7 Support public and private local food systems to increase community resilience,
health, and economic prosperity.
Policy 7.1 Support regional efforts to find resources to create a local food systems plan.
Goal 8 Become a model for sustainability and livability. Identify resources, organizational
structure, and educational opportunities to achieve regional sustainability goals.
Policy 8.1 Support regional efforts to identify and secure funding to implement actions to
achieve Sustainable Thurston goals and vision.
Policy 8.2 Participate in regional efforts to monitor progress in achieving Sustainable
Thurston goals and targets.
Policy 8.3 Support regional efforts to create a regional grant center to provide assistance in
identifying and applying for grants.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 13 of 85
Policy 8.4 Coordinate and collaborate with outreach and planning efforts that cross
jurisdictional boundaries.
Policy 8.5 Support regional efforts to find resources for demonstration projects which
support innovative community ideas and projects that support Sustainable Thurston priority
goals.
Goal 9 Create safe and vibrant South County city and town centers that foster
entrepreneurship, active transportation, civic pride, and a sense of place.
Policy 9.1 Encourage commercial and cultural activities in Yelm.
Policy 9.2 Continue to support coordinated economic and community building activities
among South County communities.
Policy 9.3 Identify opportunities to support existing and prospective entrepreneurs in Yelm.
Policy 9.4 Support workforce development training in southern Thurston County to
promote new industries.
Policy 9.5 Improve marketing of potential development and business opportunities
available in South County.
Policy 9.6 Support efforts to develop an infrastructure for tourism in South Thurston
County.
Policy 9.7 Build on the quality of place within each of the historic community centers.
Policy 9.8 Minimize the impact of highways on each of the historic South County
community centers.
Policy 9.10 Invest public money to attract private investment in the development of the
South County centers.
Policy 9.11 Coordinate with Thurston County to ensure that future development that
generates pass- through traffic within incorporated communities pays its fair share for
necessary road improvements.
Policy 9.12 Promote telework in South County towns and cities to keep workers and their
dollars local and reduce vehicle miles traveled.
Goal 10 Improve regulatory clarity and predictability to encourage urban infill and
redevelopment.
Policy 10.1 Plan at the neighborhood level and involve the neighborhoods in the planning
process.
Policy 10.2 Ensure that housing as envisioned in different areas is feasible to finance and
build.
Policy 10.3 Offer financial and project development incentives for reducing environmental
impacts.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 14 of 85
Goal 11 Promote future development that protects public health, safety, and welfare by
minimizing risk to life, property, and the well -being of Yelm residents from military training
operations and maintaining compatibility with current and foreseeable missions at Joint Base
Lewis - McChord (JBLM).
Policy 11.1 Continue to support the unique and vital mission capabilities of JBLM and the
significant contribution of the installation, military personnel, families, and civilian workers
to the economic base of the community and region.
Policy 11.2 Partner with JBLM and the South Sound Military and Communities Partnership to
anticipate and meet community growth and service demands related to military mission
change and to ensure that Yelm residents participate fully in economic opportunities and
outreach activities associated with the installation.
Goal 12 Foster meaningful, ongoing communication among Yelm residents, JBLM, the South
Sound Military and Communities Partnership and other regional partners to increase
awareness of Department of Defense and other federal and state missions and activities and
to coordinate on ongoing compatibility planning and management activities.
Policy 12.1 Continue Yelm's participation in the implementation of the Joint Land Use Study
(JLUS) by appointing primary points of contact to facilitate the communication and
coordination strategies recommended in the JLUS Report.
Policy 12.2 Work with JBLM to establish ongoing communication mechanisms for issues of
mutual concern, including mission or operational changes that could affect the surrounding
community or specific development and infrastructure projects that could affect
compatibility with training operations.
Policy 12.3 Partner with JBLM to make information on the potential impacts of training
operations available to residents.
Policy 12.4 Review community development and infrastructure proposals for interaction
that could produce compatibility challenges with training operations, including: noise
sensitive uses in areas of known exposure to aviation and range noise; physical
infrastructure that could interfere with low -level flight operations; and sources of electrical
emissions that could interfere with military communications or navigation systems.
Policy 12.5 Provide notice to JBLM for review and comment on Yelm's discretionary land use
actions such as comprehensive plan amendments, rezones, development regulation
changes, and land use permits.
Goal 13 Coordinate Planning Activities
Policy 13.1 Cooperate with Thurston County in planning activities through notification when
updating policies and plans and by reviewing and commenting on Thurston County policies
and plans which may affect the residents of Yelm.
Policy 13.2 Notify the Nisqually Tribe during plan reviews and updates and encourage the
tribe to participate in local planning activities.
Policy 13.3 Communicate with JBLM about planning and permitting actions within the City.
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Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 16 of 85
LAND USE
The objective of the land use chapter is to establish Yelm as an urban center which provides for
a wide variety of goods and services for Yelm's service area, jobs for its residents and the wider
community, and a variety of housing types and style for all of its residents in an efficient and
sustainable fashion while preserving Yelm's history.
Goal 1 Create a comprehensive plan with goals and policies which fosters balanced
sustainable approaches to managing growth within Yelm and its Urban Growth Area (UGA).
Policy 1.1 Adopt comprehensive plan goals and policies that address the statewide Growth
Management Act (GMA) goals within Yelm and its Urban Growth Area (UGA).
Policy 1.2 Adopt comprehensive plan goals and policies that implement the County Wide
Planning Policies (CWPP) within Yelm and its UGA.
Policy 1.3 Adopt comprehensive plan goals and policies that accommodates projected
growth (legally required under the Washington State Growth Management Act) as well as
economic forces which will shape the future of the community.
Policy 1.4 Adopt urban growth boundaries for Yelm which encourage urban development
at urban densities with urban services.
Policy 1.5 Recognize the property rights of landowners in Yelm and its UGA.
Policy 1.6 Respect property owners legal rights when implementing this plan. Regulations
should provide for compensation for the property owner of waivers from requirements if the
implementation of the regulation would otherwise constitute a legally defined "taking ".
Policy 1.7 Process comprehensive plan amendments no more than once per calendar year,
except in cases of emergency.
Policy 1.8 Provide public notices, encourage public participation, and allow public input at
all phases of the comprehensive plan review process.
Goal 2 Create a sustainable community.
Policy 2.1 Utilize the following definition of sustainable development within this
comprehensive plan as a foundation for decision making: "Provide for current needs while
not compromising the availability of resources for future needs."
Policy 2.2 Adopt goals, policies, and development regulations designed to foster
sustainable development through tools such as:
• Smart Growth;
• Low Impact Development; and
• Built Green /LEED standards.
Policy 2.3 Adopt policies and development regulations to implement smart growth
principles that:
• Encourage community and stakeholder collaboration (public participation);
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 17 of 85
• Strengthen and direct development towards existing communities;
• Provide a variety of transportation choices;
• Mix land uses in appropriate scale for the neighborhood. This may include
apartments over retail and commercial space, or residential and commercial areas in
close proximity;
• Preserve open space, natural beauty, and critical environmental areas;
• Create a range of housing opportunities and choices;
• Foster distinctive, attractive communities with a strong sense of place;
• Create walkable neighborhoods;
• Take advantage of compact building design; and
• Make development decisions predictable, fair, and cost - effective.
Policy 2.4 Adopt development regulations that implement low impact development (LID)
stormwater provisions.
Policy 2.5 Adopt development regulation incentives that encourage sustainable
development such as Green /LEED or Home Energy Rating System ratings in the construction
of new or significantly remodeled structures.
Goal 3 Establish a variety of land uses and densities that supports a compact form and urban
densities.
Policy 3.1 Adopt land use designations, a land use map, and development regulations that
accommodates a variety of land use categories and densities.
Policy 3.2 Adopt a single land use category for all unincorporated lands located within the
Yelm UGA boundary: Single Family - 1 unit per 5 acres.
Policy 3.3 Adopt two categories of residential single family land use to meet community
needs:
• Single Family - 4 units per acre; and
• Single Family - 6 units per acre.
Policy 3.4 Adopt two categories of residential multifamily land use to meet community
needs:
• Multifamily - Medium Density — 6 units per acre; and
• Multifamily - High Density — 16 units per acre.
Policy 3.5 Adopt a mixed use development category which allows both residential and
commercial uses suitable for planned developments on larger parcels and which provides for
a variety of land uses, more efficient use of open space, and more cost effective public
infrastructure.
Policy 3.6 Adopt a variety of commercial land use categories to meet community needs.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 18 of 85
Policy 3.7 Adopt industrial land uses to meet community needs.
Policy 3.8 Adopt land use designations which reflect limited development potential. It may
include:
• Publicly owned lands;
• Lands permanently set aside as open space; or
• Lands with sensitive areas.
Policy 3.9 Consider the required level of public facilities and utilities when planning for
various urban densities and types of land use.
Goal 4 Provide guidance for a cohesive city.
Policy 4.1 Adopt development regulations and subdivision standards that require new
multi -lot subdivisions to provide a network of connected streets which are integrated into
Yelm's existing street system.
Policy 4.2 Adopt development regulations that require new development projects to
address public transit, and where necessary to accommodate new and potential transit
stops.
Policy 4.3 Adopt development regulations that allow parking to be shared by two or more
businesses, and joint -use parking between non - competing uses (e.g. the same parking might
be used for office workers during the week and by shoppers during the weekend).
Policy 4.4 Adopt development regulations that accommodate "live- work" structures
(where citizens can live and work within the same structure).
Policy 4.5 Adopt sign regulations designed to support business establishments while
protecting community character. The sign code may:
• Provide community "way- finding" signage;
• Encourage pedestrian- oriented signs with a consistent character; and
• Allow for eccentric signs in some locations.
Policy 4.6 Adopt development regulations that allow permits to be processed in a timely
and efficient manner.
Goal 5 Encourage diverse residential growth.
Policy 5.1 Encourage new residential subdivisions to incorporate alleys into their street
network by providing increased density incentives.
Policy 5.2 Adopt development standards that allow duplexes, townhouses, and accessory
dwelling units within residential areas. These are intended to increase the variety of housing
in the community and aid in achieving an overall urban density.
Policy 5.3 Adopt development regulations that encourage mixed use subdivisions.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 19 of 85
Goal 6 Encourage commercial and industrial growth that serves the needs of the City.
Policy 6.1 Restrict commercial developments to those lands already zoned for commercial
land uses.
Policy 6.2 Define the boundaries between the Central Business District and other
commercially zoned areas along Yelm Avenue. This is roughly between Solberg Street
NW /SW, Stevens Avenue NE /NW, 4th Street NE /SE and Mosman Avenue SW /SE.
Policy 6.3 Adopt development and design regulations for the Central Business District
(CBD) which:
a. Allows pedestrian oriented businesses, such as open -air restaurants;
b. Locates buildings directly on street, and prohibits off - street parking in front of
the structure;
C. Retain pedestrian- oriented character with wide sidewalks, street landscaping,
and pedestrian amenities along Yelm Avenue; and
d. Retains on- street parking throughout the CBD.
Policy 6.4 Adopt development regulations limiting the location and design of fast -food
restaurants.
Policy 6.5 Adopt development and design regulations that encourage compatibility and
connectivity between commercial and residential land uses.
Policy 6.6 Locate industrial areas on major transportation routes, near existing utilities, and
where they can be appropriately buffered from adjacent land uses.
Policy 6.7 Locate warehouse, assembly, and distribution land uses on the perimeter of the
industrial area, with manufacturing /industrial located toward the center of the industrial
land use designation.
Goal 7 Participate in joint planning with Thurston County for Yelm's urban growth area.
Policy 7.1 Support a joint planning process between the City of Yelm and Thurston County
for lands which lie within the Yelm UGA and may incorporate into Yelm's City limits.
Policy 7.2 Identify the goals and policies from the Yelm Comprehensive Plan which will
apply to the unincorporated land within the Yelm UGA.
Policy 7.3 Review Yelm's UGA boundary no more frequently than once every ten (10)
yea rs.
Policy 7.4 Ensure that any change to Yelm's UGA boundary is consistent with the County
Wide Planning Policies.
Policy 7.5 Establish pre- annexation zoning for lands within the Yelm UGA boundary.
Policy 7.6 Evaluate properties which could be annexed into Yelm based upon the
availability of utilities.
Policy 7.7 Defer annexing unincorporated lands shown on the Future Land Use Map until
the property can be served by the City water and sewer systems.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 20 of 85
Policy 7.8 Defer changing the land use categories adopted in a Joint Plan for a period of
three (3) years without the written concurrence from the other jurisdiction.
Policy 7.9 Analyze and provide comment to Thurston County on any proposed
development within the unincorporated lands shown on the Future Land Use Map.
Goal 8 Foster regional coordination.
Policy 8.1 Educate the public and local businesses regarding the planning process which
can include comprehensive plan amendments, development regulation updates, and the
adoption of functional plans for parks, water, sewer, transportation, and capital facilities.
Policy 8.2 Coordinate and provide notification of proposed amendments to the
comprehensive plan or development regulations to adjacent jurisdictions and governmental
entities (e.g. Thurston County, Intercity Transit, Joint Base Lewis- McChord, and the Nisqually
Tribe) providing them an opportunity to comment prior to final action.
Policy 8.3 Support the transfer of development rights (TDR) program to conserve
important natural and /or cultural resources (e.g. long -term agricultural lands, historic
properties, or significant wildlife habitat) within the rural portion of Thurston County.
Goal 9 Foster historic preservation.
Policy 9.1 Adopt development regulations that provide incentives to protect, preserve, and
restore historic properties.
Goal 10 Create vibrant centers, corridors, and neighborhoods while accommodating growth.
Policy 10.1 Promote a greater mix of uses and densities to support efficient provision of
services.
Policy 10.2 Focus neighborhood -level planning efforts.
Policy 10.3 Continue the community conversation about land use and zoning changes.
Goal 11 Create safe and vibrant neighborhoods with places that build community and
encourage active transportation.
Policy 11.1 Plan at the neighborhood level to increase housing density and diversity while
preserving neighborhood character and quality of life.
Policy 11.2 Plan for land use patterns that provide most neighborhood residents an array of
basic services within a half mile or 20 minute walk from home.
Policy 11.3 Encourage appropriately scaled home -based business and live /work
opportunities in neighborhoods.
Policy 11.4 Support Intercity Transit efforts to expand transit routes and increase service
frequency where the density, land uses, street design, and location of neighborhoods
between main activity center destinations will result in good service usage.
Policy 11.5 Identify opportunities for small urban centers with a mix of land uses and
densities in Greenfield and Brownfield buildable lands.
Policy 11.6 Encourage Thurston County to streamline the annexation process within the
UGA.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 21 of 85
Policy 11.7 Identify and build street and path connections within existing neighborhoods
and design well- connected streets within any new neighborhoods.
Policy 11.8 Increase opportunities for urban agriculture.
Goal 12 Maximize opportunity to redevelop land in priority areas by investing in
infrastructure and environmental remediation.
Policy 12.1 Mitigate the additional cost of development in centers and corridors by making
public infrastructure investment that adds value, safety and public enjoyment for the entire
community and that result in appropriate public return on investment when adjacent
properties are developed. Allow for latecomers and other methods of repayment for
government outlay for infrastructure.
Policy 12.2 Identify additional funding sources to make building infrastructure as part of a
priority infill housing project more financially viable.
Policy 12.3 Do soil and groundwater assessments and evaluate appropriate remediation
options where contaminated soils and groundwater exist. Identify funds for assessment and
remediation. Apply for grants and loans to complete clean -up.
Policy 12.4 Encourage mechanisms to allow private development that constructs public road
improvements (such as curb, gutter, sidewalks, or travel lanes) the opportunity for
latecomers or other methods of repayment.
Goal 13 Support the local production, processing, and sale of local food products.
Policy 13.1 Provide for public and private food processing centers in development
regulations.
Policy 13.2 Allow for the location of farmers markets, food cooperatives, and community
gardens in development regulations.
Policy 13.3 Allow the use of commercial kitchens in churches, fraternal organizations, and
schools for processing local food products and to support food trucks.
Policy 13.4 Identify public spaces for community gardens and other food production.
Policy 13.5 Support regional efforts to create a local agricultural economy.
Goal 14 Enhance land use compatibility between JBLM and property in the surrounding area
to protect public health and safety.
Policy 14.1 Consider the Military Influence Area as identified in the Joint Land Use Plan
prepared by Joint Base Lewis- McChord and the surrounding communities when reviewing
and updating plans and policies. Specifically consider compatible land uses based on noise
from the Installation Operational Noise Management Plan.
Policy 14.2 Consider the use of open spaces adjacent to Joint Base Lewis- McChord as part of
overall compatibility strategies.
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Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 24 of 85
TABLE 1 - POPULATION PROJECTIONS
Source: Small Area Population Estimates and Population and Employment Forecast Work Program, 2014, Thurston
Regional Planning Council.
TABLE 2 - RESIDENTIAL SUPPLY VS. DEMAND
2010
Census
2015 Estimate
2020
2025
2030
2035
2040
Yelm
6,850
8,170
12,570
16,990
19,910
21,980
25,070
UGA
1,350
1,420
1,480
1,610
2,550
4,310
5,700
Total
8,200
9,590
14,050
18,600
22,460
26,290
30,770
Source: Small Area Population Estimates and Population and Employment Forecast Work Program, 2014, Thurston
Regional Planning Council.
TABLE 2 - RESIDENTIAL SUPPLY VS. DEMAND
Yelm & UGA
3,050 10,250 7,200 10,310
Source: Buildable Lands Report 2014 for Thurston County, 2014, Thurston Regional Planning Council.
Capacity for
2010
Units required to accommodate 2035
additional
Excess
Dwelling
population
dwellings
Units
Total
2010-2035
2010 plus
2035
30%
Yelm & UGA
3,050 10,250 7,200 10,310
Source: Buildable Lands Report 2014 for Thurston County, 2014, Thurston Regional Planning Council.
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Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 27 of 85
HouSING
The objective of the housing chapter is to provide for a variety of affordable and market rate
housing choices through the creation of efficient neighborhoods that have mixed densities,
mixed housing styles, and mixed housing types.
Goal 1 Encourage a variety of housing types, densities and a range of affordable housing
within Yelm and its Urban Growth Area.
Policy 1.1 Allow a variety of housing types within the residential and mixed use
designations to promote a range of housing alternatives within the community. This may
include but not be limited to: government assisted housing, housing for low- income families,
manufactured housing, multi - family housing, and group or foster homes.
Policy 1.2 Allow accessory dwelling units in all residential land use categories subject to
development standards and design criteria.
Policy 1.3 Encourage opportunities for a range of housing costs to enable housing for all
segments of the population.
Policy 1.4 Encourage the provision of adequate affordable building sites through
appropriate zoning, infrastructure, and other development regulations.
Policy 1.5 Review development regulations to ensure that a range of housing types is
available throughout Yelm.
Policy 1.6 Review development regulations to ensure residents can safely walk throughout
Yelm.
Policy 1.7 Monitor the need for special needs housing and increase opportunities for such
housing.
Policy 1.8 Consider density increase incentives to promote a variety of housing types,
mixed uses, range of housing costs, affordability, and increased special needs housing.
Goal 2 Meet the county wide planning policy to ensure a fair share of affordable housing.
Policy 2.1 Encourage a variety of housing types in the residential designations to assure
choice, opportunity, and availability of a fair share of affordable housing throughout Yelm,
its UGA, and adjacent areas of Thurston County.
Policy 2.2 Participate with other jurisdictions and Thurston County in a regional process to
monitor Fair Share Affordable Housing targets within the County.
Goal 3 Conserve and improve the existing housing stock and neighborhoods.
Policy 3.1 Maintain up -to -date development regulations for building, housing, mechanical,
and other design standards.
Policy 3.2 Require owners of unsafe dwelling units to correct significant problems and
encourage the maintenance of existing structures consistent with the standards of the
neighborhood.
Policy 3.3 Support rehabilitation efforts for substandard housing.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 28 of 85
Policy 3.4 Encourage and facilitate local economic development as an important element
of improving housing conditions by providing economic opportunity.
Policy 3.5 Encourage local community groups, churches, and businesses to provide
voluntary assistance with maintain existing structures for the elderly, low income, and those
with special needs.
Goal 4 Promote energy efficient housing to reduce the overall costs of home ownership.
Policy 4.1 Support programs that make existing structures more energy efficient.
Policy 4.2 Periodically review the energy efficiency development regulations to ensure that
they are up -to -date.
Policy 4.3 Promote residential subdivision designs that maximize solar heating
opportunities.
Goal 5 Provide sufficient housing for low- and moderate - income households within each
jurisdiction.
Policy 5.1 Provide sufficient housing for low- and moderate - income households.
Policy 5.2 Provide tenants and landlords information about housing rights and
responsibilities.
Policy 5.3 Incentivize developers to set aside a percentage of multifamily housing units for
low- and moderate - income buyers and renters.
Policy 5.4 Support efforts to provide funding for shared - equity policies — via community
land trust or down - payment assistance models — to make buying housing of all types
affordable.
Goal 6 Provide sufficient service - enriched housing for homeless and high -risk populations.
Policy 6.1 Allow shelters, group homes, transitional housing, and permanent housing with
social services in development regulations in locations where these facilities have access to
transit, parks, and other amenities.
Goal 7 Encourage housing density and diversity in neighborhoods to add vibrancy and
increase equitable access to opportunity.
Policy 7.1 Review and amend residential development regulations to provide opportunity
for the mix and density of housing needed to meet the needs of changing demographics, use
land wisely, and support nearby transit and businesses.
Policy 7.2 Allow densification by providing for accessory dwelling units, small houses on
small lots, attached housing types or appropriately scaled multifamily buildings, cottage
housing, and village cohousing developments in development regulations.
Goal 8 Encourage the construction, weatherization and operation of homes to boost energy
efficiency.
Policy 8.1 Prioritize home weatherization funds to preserve affordable housing.
Policy 8.2 Support regional efforts to engage landlords and property managers in energy
efficiency efforts.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 29 of 85
Policy 8.3 Support the efforts of local financial institutions to facilitate affordable financing
of energy upgrades.
Policy 8.4 Support regional efforts to conduct energy audits of large power consumers to
identify efficiency improvements, such as RESNET's Home Energy Rating System.
Goal 9 Increase housing amid urban corridors and centers to meet the needs of a changing
population.
Policy 9.1 Review regulations that stymie or prevent housing development near or within
urban corridors and centers.
Policy 9.2 Remove barriers or "right- size" regulations to achieve goals.
Policy 9.3 Identify priority areas ripe for housing development that will meet multiple
goals.
Policy 9.4 Examine ways to encourage smaller, affordable housing units through the fee
structure, especially in centers, corridors or adjacent to neighborhood service hubs.
Policy 9.5 Reduce impact fees for those projects located where there is less impact.
Policy 9.6 Use tax exemptions, such as Special Valuation, or other financing tools to make
projects financially feasible.
Policy 9.7 Identify opportunities to aggregate properties where housing density is needed
to achieve community goals and make multifamily projects feasible to build and finance.
TABLE 3 - HOUSING INVENTORY BY TYPE — 2015 ESTIMATE
Source: Small Area Population Estimates, 2014, Thurston Regional Planning Council
TABLE 4 - HOUSING UNIT PROJECTION
Single Family
Multi - Family
Manufactured
Total
Yelm
2,290
590
120
3,000
UGA
380
10
160
550
Total
2,670
600
280
3,550
Source: Small Area Population Estimates, 2014, Thurston Regional Planning Council
TABLE 4 - HOUSING UNIT PROJECTION
2010 Census
2015 Estimate
2020
2025
2030
2035
2040
Yelm
2,520
3,000
4,670
6,440
7,660
8,540
9,810
UGA
530
550
570
620
1,000
1,710
2,280
Total
3,050
3,550
5,240
7,060
8,660
10,250
12,090
Source: Small Area Population Estimates and Population and Employment Forecast Work Program, 2014, Thurston
Regional Planning Council
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 30 of 85
TABLE 5 - RESIDENTIAL SUPPLY VS. DEMAND
Yelm & UGA
3,050 10,250 7,200 10,310
Source: Buildable Lands Report 2014 for Thurston County, 2014, Thurston Regional Planning Council.
TABLE 6 - CAPACITY FOR ADDITIONAL DWELLING UNITS BY TYPE
Planning Area
Total
Capacity for
Multi - Family
2010
Units required to accommodate 2035
additional
Excess
Dwelling
population
dwellings
2,010
Units
1,690
1,460
230
Total
2010-2035
2010 plus
2035
30%
Yelm & UGA
3,050 10,250 7,200 10,310
Source: Buildable Lands Report 2014 for Thurston County, 2014, Thurston Regional Planning Council.
TABLE 6 - CAPACITY FOR ADDITIONAL DWELLING UNITS BY TYPE
Planning Area
Total
Single - Family
Multi - Family
City Center
2,720
1,775
945
Master Planned Community
5,900
3,890
2,010
Urban Growth Area
1,690
1,460
230
Source: Buildable Lands Report 2014 for Thurston County, 2014, Thurston Regional Planning Council.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 31 of 85
CAPITAL FACILITIES
The objective of the capital facilities chapter is to plan for and fund those improvements
necessary to provide appropriate levels of service in a manner that is cost effective for existing
citizens and ensures that growth pays for growth.
Goal 1 Maintain a Capital Facilities Plan which supports the infrastructure needs of Yelm and
its Urban Growth Area.
Policy 1.1 Adopt a capital facilities plans that promote orderly compact urban growth,
maximizes the use and protects the investments of existing facilities, and provides needed
public facilities and services to implement the goals and policies of the comprehensive plan.
Policy 1.2 Adopt and integrate Yelm's capital facilities plans (park plan, water plan, general
sewer plan, and the transportation plan) into the comprehensive plan as appendices.
Policy 1.3 Undertake a consistency review prior to local adoption of capital facilities plans
to insure that the plan's proposed facilities, the level of service standards, and internal
guidance are consistent with the adopted goals and policies of the comprehensive plan.
Policy 1.4 Ensure that the Capital Facilities Plan:
• Is adopted after a periodic review by the Planning Commission and City Council or
Board of County Commissioners, as appropriate;
• Is consistent with the comprehensive plan;
• Includes the scope and location of capital projects or equipment;
• Includes the project's need and its links to established levels of service,
comprehensive plan goals and policies, facility plans, and other capital facilities
projects;
• Specifies the construction costs, timing, funding sources, and projected operations
and maintenance impacts;
• Establishes priorities for capital project development;
• Provides a twenty -year forecast of future capital facility needs, and an inventory of
existing capital facilities; and
• Is coordinated with Thurston County, school districts, telecommunications carriers,
and private utility providers.
Policy 1.5 Adopt by reference the Capital Facilities Plans of Thurston County, Yelm
Community Schools District #2, and SE Thurston Regional Fire Authority, as they apply to
Yelm and its Urban Growth Area.
Policy 1.6 Encourage the public to participate throughout the development and adoption
phases of capital facilities plans.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 32 of 85
Goal 2 Create a list of capital facility projects which addresses deficiencies in existing systems,
replaces obsolete facilities, and will meet the future infrastructure needs of Yelm and its
Urban Growth Area.
Policy 2.1 When developing a list of capital facility projects give priority consideration to
projects based upon the following:
• Mandated by law and those by State and Federal agencies;
• Already initiated and to be completed in subsequent phases;
• Renovate existing facilities to reduce maintenance and operating costs;
• Remove existing capital facilities deficiencies, encourage full use of existing facilities,
or replace worn -out or obsolete facilities;
• Meet concurrency requirements for growth management; or
• Promote the conservation, preservation, or revitalization of commercial, industrial,
and residential areas.
Policy 2.2 Evaluate and prioritize proposed capital facility projects based upon the
following criteria:
• Is needed to correct existing deficiencies, replace needed facilities, or provide
facilities needed for future growth;
• Eliminates a public hazard;
• Eliminates a capacity deficit;
• Is financially feasible;
• Phasing and priorities as established in the comprehensive plan;
• Site needs based on projected growth;
• Serves new development and redevelopment;
• Is compatible with plans of state agencies; and
• An acceptable impact on the local operating budget.
Policy 2.3 Use the type, location, and phasing of public facilities and utilities to direct urban
expansion where it is desired.
Policy 2.4 Ensure that some of Yelm's key public facilities are located in the Central
Business District.
Policy 2.5 Initiate streetscape improvements along Yelm Avenue in the Central Business
District to support pedestrian activity and promote transportation choices:
• Minimize traffic - oriented improvements to the minimum necessary to move traffic
efficiently;
• Construct safety medians in the center lane;
• Improve pedestrian crossings; and
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 33 of 85
• Undertake transit improvements to provide an alternative to the automobile.
Policy 2.6 Support capital facility projects which would improve public transit service to
Yelm.
Policy 2.7 Adopt a concurrency management system for all public facilities which evaluates
the available capacity of public infrastructure. This management system may reserve
capacity for approved development commitments and permits until they are constructed, or
those approvals or permits expire.
Policy 2.8 Level of Service (LOS) standards for concurrency standards are found in the Yelm
Transportation Plan.
Goal 3 Provide adequate funding for capital facilities in Yelm and its Urban Growth Area to
ensure that the community's visions and goals can be implemented.
Policy 3.1 Manage Yelm's fiscal resources to support a balanced approach to allocating
financial resources among the following:
• Maintaining existing facilities;
• Eliminating existing capital facility deficiencies; and
• Providing new or expanded facilities to serve growth.
Policy 3.2 Integrate all of the community's capital project resources regardless of funding
source (e.g. grants, bonds, city funds, donations, impact fees, and any other available
funding) into the Capital Facilities Plan.
Policy 3.3 Require new development projects to finance their fair share of public facilities
and utilities which may include the following:
• Collection of impact fees,
• Allocation of sewer and water connection fees primarily to capital Improvements
related to urban expansion, and
• Development and implementation of other appropriate funding mechanisms to
ensure new development's fair share contribution to other public facilities
(recreation, drainage, solid waste, and congestion management services and facilities
car /van pool matching, transit shelters, bike racks, street trees, and sidewalks).
Policy 3.4 Administer impact fees on behalf of the school district and the fire authority, to
ensure that new growth pays appropriately for the cost of providing necessary new services.
Policy 3.5 Allow latecomers agreements for development projects which install
infrastructure with excess capacity.
Policy 3.6 Evaluate the operations and maintenance (O &M) costs associated with a new
capital project, and consider adjusting the capital budget should the O &M costs be
determined to be an unacceptable burden on Yelm's operations budget.
Policy 3.7 Promote joint use facilities through the use of interlocal agreements on publicly
owned lands; and long -term leases, or conservation easements for privately owned lands.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 34 of 85
Policy 3.8 Investigate potential new funding— strategies for capital facilities which may
include the following:
• Growth - induced tax revenues;
• Additional voter - approved financing;
• Regional tax base sharing;
• Regional cost sharing for urban infrastructure;
• Voter - approved real estate excise transfer tax; and
• County -wide bond issues.
Policy 3.9 Explore regional funding strategies to support needed capital facilities.
Policy 3.10 Consider contingency strategies for capital facility funding shortfalls which may
include the following:
* Increase revenues;
* Decrease level of service standards;
* Decrease the cost of the facility;
* Decrease the demand for the public service or facility; or
• Other fiscal management options.
Policy 3.11 Seek grants or low- interest loans to finance capital facility projects.
Policy 3.12 Maintain or improve Yelm's bond rating through prudent fiscal management.
Policy 3.13 Implement a joint public /private parking management strategy in the Central
Business District.
Policy 3.14 Support the development of a financial assistance or loan program to repair or
upgrade older buildings within the Central Business District.
Goal 4 Ensure the Capital Facilities Plan is responsive to the community's vision and goals
through periodic updates.
Policy 4.1 Monitor the implementation of the Capital Facilities Plan on an ongoing basis.
This review should include completion of major maintenance projects, expansion of existing
facilities, and addition of new facilities.
Policy 4.2 Periodically review, update, and amend the Capital Facilities Plan and ensure
that the various plan elements are internally consistent.
Policy 4.3 When updating the Capital Facilities Plan consider possible changes to the rate of
growth, development trends, changing priorities, and budget and financial considerations.
Policy 4.4 Acknowledge that the implementation of projects in the Capital Facilities Plan
may vary from the schedule and budget due to unanticipated conditions, such as:
• Revenues become available but have conditions about when they may be used; or
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 35 of 85
• The construction of a facility to serve new development occurs in an earlier or later
year than predicted.
Goal 5 Conserve and protect drinking water to meet the region's daily and long -term needs.
Policy 5.1 Include wellhead protection areas and standards for aquifer recharge protection
areas in development regulations.
Policy 5.2 Continue water - conservation measures that stretch existing drinking water
supplies.
Policy 5.4 Prohibit individual exempt wells within the Yelm water service area when the
City can provide service.
TABLE 7 - RELATIONSHIPS OF VARIOUS PLANS
Type of Plan
Time
Degree of
Financial Implications
Affected Area
Frame
Action
Community
Comprehensive
City and Urban
Vision, Goals,
Plan
20+
Broad Policy
None
Growth Area
and Policies
(UGA)
Water System
Plan
Facilities Goals
General Sewer
City, UGA, and
and Policies
plan
Regional
20+
Specific Policy
Forecast of needs
Level of Service
Drainage
Parks Plan
basins
standards
Transportation
Plan
Capital Facilities
Prioritize
Construction Estimates
Target areas
Strategic
Plan (CFP)
6 -10
Projects
and specific
Revenue Estimates
sites
Construction
Project site or
Implementation
Annual Budget
1
Funding
Obligated Funds
equipment
specific
Completed
Operations
Annual Budget
1
Operations
Obligated Funds
facility or
Funding
equipment
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 36 of 85
TABLE S - CAPITAL FACILITIES PLAN FUNDING SOURCES
Funding Source
General Fund Contributions (Including Interest)
Sewer Rates
Water Rates
Current Revenues
Storm water Rates
Solid Waste Rates
Water and Sewer System Development Charges
Impact Fees (Parks, School, Fire, Transportation)
percent Real Estate Excise Tax
Councilmanic (No Public Vote)
Bonds
General Obligation (Public Vote Required)
Revenue (Paid by Utility Rates or other revenue source)
Federal Aid to Urban Streets Fund
Federal Grants
Federal Highway Safety Funds
Federal Surface Transportation Act
Land and Water Conservation Fund
Transportation Improvement Board
Hazardous Bridge Replacement
Stormwater Management Grants
State Grants and Loans
Recreation and Conservation Funding Board
Arterial Street Fund (Motor Fuel Tax)
Aquatic Lands Enhancement Account
Public Works Trust Fund (PWTF) Loans
Developer Contributions
Other
Private Donations
Local Improvement Districts
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 37 of 85
TABLE 9 - 10 YEAR CAPITAL FACILITIES PLAN SUMMARY
Park Projects
Funding Source
2016 -2025
Connection between Prairie Line trail SR 510 Alternate
Grants
$250,000
Connection between Longmire Park and SR 510 Alternate
WSDOT
$0
Trail Head /Skate Park picnic area and restrooms
Grants
$200,000
70 acres of additional park
Grants
Transportation Projects
Funding Source
2016 -2025
Transportation Facilities
Bald Hill Road to SR 507 /SR 510 Intersection
Charges
$4,247,000
Grants
Extend Coates Road to Killion Road
TFCs
$2,812,000
Grants
103rd Avenue SE Bridge Replacement
TFCs
$690,000
Grants
Burnett /93rd Intersection
TFCs
$1,400,000
Grants
Central Business District — Cullens to 4th
$2,299,000
Grants
Mill Road SE - 107th to 104th
TFCs
$1,232,400
Grants
Mill Road SE Sidewalk - 104th to Cochrane Park
TFCs
$291,100
Grants
Mill Road SE Sidewalk —Cochrane Park to 1St
TFCs
$279,000
Grants
Connect Prairie Line to Tacoma Rail
TFCs
$4,083,000
Grants
Extend Prairie Line Trail to Roy
TFCs
$7,000,000
Grants
Mosman Avenue — Railroad to Longmire
TFCs
$2,000,000
Grants
Mosman Avenue — 4th to Clark
TFCs
$2,341,900
Grants
Bald Hill Road — City Limits to 5 Corners
TFCs
$2,392,000
Grants
Cullens Street — Yelm Avenue to Van Trump
TFCs
$490,700
Grants
Cullens Street — 94th to 450' north
TFCs
$222,000
Grants
100th Way — Middle to Green Acres
TFCs
$468,300
Grants
1St Street Sidewalks — Mill to Mosman
TFCs
$327,600
Grants
1St Street Sidewalks — Mosman to Washington
$490,100
Grants
Railway Road SE Sidewalk — 1St to Middle
TFCs
$605,000
Grants
Middle Road Sidewalk — Railway to 300' east
TFCs
$175,500
Grants
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 38 of 85
Creek Street Sidewalk —103rd to Algiers
Grants
$391,300
Water Projects
Funding Source
2016 -2025
Water Rights Mitigation Projects
Revenue Bonds
$1,000,000
Southwest Yelm Well 1A
Revenue Bonds
$1,530,000
Water Treatment System 1
Revenue Bonds
$1,749,000
Transmission Main 1
Revenue Bonds
$250,000
Southwest Yelm Reservoir 1
Revenue Bonds
$2,430,000
Southwest Yelm Well 2
Revenue Bonds
$1,530,000
Transmission Main 2
Revenue Bonds
$348,000
Southwest Yelm Well 3
Revenue Bonds
$1,530,000
Southwest Yelm Well 4
Revenue Bonds
$1,530,000
Southeast Yelm Reservoir
Revenue Bonds
$2,430,000
Southwest Yelm Reservoir 2
Revenue Bonds
$2,430,000
Water Treatment System 2
Revenue Bonds
$1,950,000
Transmission Main 3
Revenue Bonds
$574,200
Transmission Main 4
Revenue Bonds
$435,000
Transmission Main 5
Revenue Bonds
$2,790,000
Distribution System Projects
Revenue Bonds
$1,000,000
Water Reclamation Projects
Funding Source
2016 -2025
Collection System Upgrades
Sewer Rates
System Development
Charges
$540,000
Short Term Improvements
Sewer Rates
SDCs
$300,000
Expand Cochrane Park RIBS
Sewer Rates
SDCs
$661,000
Facilities Plan
Sewer Rates
SDCs
$400,000
Stormwater Projects
Funding Source
2016 -2025
None
General Government Projects
Funding Source
2016 -2025
New City Hall
G.O. Bond
$10,000,000
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 39 of 85
TABLE 10 - LONG TERM CAPITAL FACILITIES NEEDS
Park Projects
2026-2035
26 acres of additional parks
Mill Road
Transportation Projects
2026— 2035
Vancil Road to Morris Road Connection
$2,100,000
Morris Road to Bald Hill Road Connection
$4,410,000
Mill Road /151 Street Intersection Realignment
$600,000
Mill Road Vertical Realignment
$700,000
Mill Road to 105th Avenue Connection
$1,750,000
Extend 1051h Avenue between Clark Road and Vancil Road
$1,880,000
N.P. Road Reconstruction
$3,020,000
Parkview Drive New Connection
$550,000
View Drive Reconstruction
$1,110,000
Rhoton Road Reconstruction
$5,110,000
Water Projects
2026— 2035
Water Rights Mitigation Projects
$1,000,000
SW Yelm Well 5
$1,530,000
New Transmission Mains 6
$348,000
Distribution System Projects
$400,000
Water Reclamation Projects
2026 -2035
Collection System Upgrades
$860,000
Stormwater Projects
2026— 2035
None
General Government Projects
2026— 2035
None
TABLE 11 - INVENTORY OF MAJOR CITY ASSETS
Parks
Location
Cochrane Memorial
Mill Road
Longmire Community
Canal Road
Yelm City Park
Mosman Avenue
Yelm Skate Park
151 Street
Transportation
Location
Streetlights
Varies
Arterials
Varies
Collectors
Varies
Local Access
Varies
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 40 of 85
Water
Location
Well #1
2nd Avenue
Well #2
2nd Avenue
Well #3
100th Street
SW Yelm 1A
Tahoma Blvd
Reservoir #1
2nd Avenue
Reservoir #2
Baker Hill
Reservoir #3
Rhoton Road
SW Yelm Reservoir 1
Tahoma Blvd
Sewer
Location
Water Reclamation Facility
NIP Road
Force main sewer lines
Varies
General Government
Location
Yelm City Hall
Yelm Avenue
Yelm Public Works Shop
Rhoton Road
Public Safety Building
McKenzie Street
Yelm Community Center
2nd Avenue
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 41 of 85
UTILITIES
The objective of the utilities chapter is to provide city operated utility services in an efficient
and cost effective manner and to coordinate with private utilities, both to ensure that urban
growth demands can be met with maintaining appropriate levels of service.
Goal 1 Ensure that utilities and public facilities are sized appropriately to accommodate the
growth that is anticipated to occur within Yelm and its Urban Growth Area.
Policy 1.1 Rely upon the utility purveyor to determine the sequence of lines and facilities to
adequately serve the community.
Goal 2 Ensure that utilities and public facilities are environmentally sensitive, safe, provide
reliable service, are available at a reasonable economic cost to the consumer and are
compatible with the surrounding land uses.
Policy 2.1 Promote the co- location of new public and private utility distribution facilities in
shared trenches.
Policy 2.2 Provide timely notice to utilities of City sponsored construction and road
maintenance projects to encourage coordination of public and private utility trenching
activities.
Policy 2.3 Promote the joint use of transportation rights of way and utility corridors.
Policy 2.4 Adopt development regulations that require new electrical distribution and
communication lines be placed underground.
Policy 2.5 Encourage utilities to underground existing electrical distribution and
communication lines.
Policy 2.6 Adopt development regulations that require new above ground facilities to be
appropriately landscaped and /or architecturally compatible with adjacent land uses.
Policy 2.7 Encourage the directional pruning of trees and phased replacement of
improperly located vegetation planted in public rights -of -ways.
Policy 2.8 Facilitate environmental stewardship by encouraging energy conservation
retrofits and the use of alternative energy sources.
Goal 3 Process permits for public facilities and utilities in a timely and predictable manner.
Policy 3.1 Allow the extension of utilities beyond the City limits or the Urban Growth Area
boundary only when -there is a declared public health emergency by the Thurston County
Board of Health; and the action will not impose a financial burden on Yelm.
Policy 3.2 Encourage the cooperation with other jurisdictions in the planning and
implementation of multi - jurisdictional public facility and utility additions and improvements.
Policy 3.3 Make decisions regarding utility facilities in a manner that is consistent with and
complementary to regional demand and resources.
Policy 3.4 Review applications for public facility and utility permits simultaneously when
feasible.
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Policy 3.5 Jointly undertake a periodic review of comprehensive plan utility chapters and
regional utility plans with adjacent jurisdictions. Identify procedures for making specific land
use decisions to achieve consistency of timing and substantive requirements.
Policy 3.6 Coordinate with utility providers to periodically obtain up -to date plans of their
proposed facilities. Recognize that the scale of these plans may be such that the proposed
location of new facilities may not be site specific.
Goal 4 Provide efficient and effective drinking water infrastructure.
Policy 4.1 Continue to advance hydrogeological modeling to better quantify the region's
available groundwater resources.
Policy 4.2 Support regional efforts to develop a water system plan that includes an
exploration of ways to manage water resources within the region more holistically and in
collaboration among state and local governments.
Goal 5 Manage wastewater in a cost - effective and environmentally sound way.
Policy 5.1 Support regional efforts to develop a regional sewerage plan.
Policy 5.2 Build governmental capacity to address septic system conversions.
Policy 5.3 Continue conversions from onsite septic systems to sanitary sewers where septic
systems are impacting water resources.
Policy 5.4 Where sewers are available, require new developments within 200 feet of
existing sewer infrastructure to connect.
Policy 5.5 Develop criteria for requiring connection to city sewer systems for properties
near sewer infrastructure.
Goal 6 Manage stormwater in a cost - effective and environmentally sound way.
Policy 6.1 Explore new technology to sweep streets to prevent stormwater pollution at the
source.
Policy 6.2 Support applied research in Western Washington on cost - effective stormwater
management technologies, routine maintenance, and low- impact development (LID)
practices.
Policy 6.3 Coordinate with Thurston County to meet stormwater goals by watershed.
Policy 6.4 Encourage innovative and creative solutions for addressing stormwater runoff.
Policy 6.5 Establish a mechanism to retrofit existing developments with stormwater
infrastructure that meets current standards.
Policy 6.6 Conduct comprehensive stream restoration plans for Yelm and Thompson creeks
that include plans for in- stream improvements, stormwater retrofits, riparian and wetland
restoration.
Policy 6.7 Encourage the use of low impact development standards for the treatment and
disposal of stormwater.
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Goal 7 Expand the use of reclaimed water for non - potable uses.
Policy 7.1 Continue to expand the role of reclaimed water to benefit the region.
Goal 8 Increase energy generation from renewable resources to reduce the region's carbon
footprint.
Policy 8.1 Explore incentives for the installation of distributed generation equipment, such
as rooftop solar panels.
Policy 8.2 Investigate large -scale renewable energy projects.
Policy 8.3 Adopt uniform building codes and permitting practices in jurisdictions to make
the installation of solar panels, or other distributed generation technologies, easier and
faster.
Goal 9 Enhance the region's electricity distribution, monitoring and storage infrastructure to
support adoption of cleaner technologies and practices.
Policy 9.1 Support energy suppliers' equipment upgrades, new programs, and service
offerings related to adding information technology to the system or grid.
Policy 9.2 Support voluntary programs for adding vehicle chargers to homes, businesses,
and public parking infrastructure.
Policy 9.3 Allow for electric vehicle charging stations in locations where they are needed.
Policy 9.4 Increase the City's use of electric vehicles.
Goal 10 Increase energy efficiency and conservation to reduce the region's carbon footprint.
Policy 10.1 Develop new incentives for green buildings, both commercial and residential.
Policy 10.2 Encourage new public buildings to be constructed to green building standards.
Policy 10.3 Support regional efforts to adopt uniform energy- efficiency building standards.
Goal 11 Plan and take action to reduce, reuse and recycle as much waste as possible and
meet the needs of current and future populations.
Policy 11.1 Support regional efforts to maintain and expand recycling efforts through
participation on the Solid Waste Advisory Committee.
Policy 11.2 Develop standards for multifamily, commercial and mixed use projects which
accommodate easy and convenient recycling for occupants to divert waste and for haulers
to collect recyclables and garbage.
Goal 12 Continue to plan for, educate, assist and offer access to safely and efficiently manage
disposal and reduce hazardous waste.
Policy 12.1 Support regional efforts to maintain and expand the collection and safe disposal
of hazardous waste through participation on the Solid Waste Advisory Committee.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
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TRANSPORTATION
The objective of the transportation chapter is to plan for multi -modal improvements to the
transportation system that provides for safe and efficient travel through and to neighborhoods
and to accommodate future urban growth in a cost effective manner while ensuring that
growth pays for growth.
Goal 1 Create a transportation system that is compatible with neighboring cities, Thurston
County, Washington State, and other transportation providers.
Policy 1.1 Encourage the public to participate in all transportation related decisions.
Policy 1.2 Coordinate the planning, construction, and operations of transportation facilities
and programs.
Policy 1.3 Cooperate with neighboring jurisdictions, Thurston and Pierce Counties, Joint
Base Lewis - McCord, and the Washington State Department of Transportation to address
regional transportation issues.
Policy 1.4 Support and participate in the Thurston Regional Planning Council 2040 Regional
Transportation Plan.
Policy 1.5 Coordinate the planning and operation of Yelm's transportation system to
provide efficient and varied means of transportation.
Policy 1.6 Create a community transfer site and support the expansion of transit service
within Yelm and to surrounding communities and employment centers.
Policy 1.7 Support the development of a regional park- and -ride lot system.
Policy 1.8 Preserve the existing railroad rights -of -way within Yelm's Urban Growth Area
and connections to the national rail network.
Policy 1.9 Support scheduled air service at the Port of Olympia air terminal in Tumwater.
Policy 1.10 Coordinate with service providers on the location of major utility and
transportation corridors and the construction of roadway improvements.
Policy 1.11 For planning purposes, the City adopts the Washington State Department of
Transportation Urban LOS D standard.
Policy 1.12 Accommodate the transportation needs and impacts of special events and assess
the costs of such accommodation to the event promoter.
Goal 2 Create a well maintained transportation system that provides safe and cost effective
movement of goods, services, and people.
Policy 2.1 Disburse traffic throughout the community rather than concentrating it through
the urban core, by providing an interconnected network of streets and trails that offer a
variety of travel choices and different ways to get around the community.
Policy 2.2 Adopt Level of Service (LOS) standards for roads, facilities, and services that
reflect the preference of the community. Use this standard for transportation concurrency
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
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and planning purposes which promote development of transportation alternatives, for both
routes and modes of transport. This would be an alternative to enlarging existing arterials.
Policy 2.3 Classify Yelm's streets according to federal, state, regional, and local guidelines.
Policy 2.4 Ensure adequate and safe access to property through a system of public and
private roads.
Policy 2.5 Apply design standards, guidelines, and endorsed criteria that result in attractive
and functional transportation facilities.
Policy 2.6 Utilize transportation system management strategies to efficiently operate
transportation facilities. These could include:
• Signal interconnection systems, signal coordination and synchronization, and other
signal systems to ease traffic flow;
• Roundabouts;
• Turn lanes and pockets to allow turning vehicles to move out of through traffic lanes;
and
• Access control for arterials and major collectors to minimize disruptions in traffic flow
• Non - motorized infrastructure
Policy 2.7 Encourage travel by means other than the automobile and provide for the safety
of pedestrians and bicyclists throughout Yelm and its Urban Growth Area.
Policy 2.8 Ensure mobility for all residents, including the elderly and persons with
disabilities by providing an accessible and affordable transportation system within Yelm and
its Urban Growth Area.
Policy 2.9 Maintain the transportation system at a level that is comparable with the design
standards applied to new facilities.
Policy 2.10 Limit and provide access to the street network in a manner consistent with the
function and purpose of each roadway.
Policy 2.11 Permit construction of private roads to assist with access to private properties.
Policy 2.12 Manage the demand for transportation systems through strategies mandated by
state law.
Policy 2.13 Provide public education regarding the future transportation system needed to
serve Yelm and its Urban Growth Area.
Goal 3 Develop a transportation system with minimal environmental impact and energy
consumption that provides for a high quality of life to be enjoyed by the citizens.
Policy 3.1 Design transportation facilities that minimize adverse environmental impacts
resulting from their construction and operation.
Policy 3.2 Design a transportation network that is compatible with the economic and
development goals of Yelm.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
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Policy 3.3 Ensure that transportation system improvements are compatible with adjacent
land uses and minimize potential conflicts.
Policy 3.4 Ensure that the development of commercial land use is consistent with the
transportation projects and programs in the Comprehensive Transportation Plan.
Policy 3.5 Allow major land use changes only when those proposals accompany specific
documentation or proposed plans showing how the transportation system can adequately
support the needs of existing and proposed development.
Policy 3.6 Retain existing public rights -of -way.
Goal 4 Responsibly fund needed transportation system improvements with public and private
sector participation.
Policy 4.1 Implement transportation planning and development in the Urban Growth Area
as a joint exercise of responsibility between Yelm, the County and the State.
Policy 4.2 Use a standardized, well documented, and objective process to establish clear
priorities for transportation expenditures within Yelm and its Urban Growth Area.
Policy 4.3 Secure adequate long -term funding sources for transportation through a variety
of means described in the Capital Facilities chapter.
Policy 4.4 Prioritize transportation expenditures according to the following ranking:
• Correct known safety hazards in the road system and improve traffic operations
through low cost improvements;
• Maintain the existing transportation system to prevent deterioration of facilities and
avoid the need for major reconstruction of roads and bridges; and
• Widen existing or construct new roadways to alleviate existing capacity problems and
to accommodate increases in traffic.
Policy 4.5 Ensure that any transportation improvements or strategies that are required to
mitigate impacts are constructed or financed concurrent with a development project.
Policy 4.6 Share the responsibility of mitigating transportation development impacts
between the public and private sector.
Policy 4.7 Cooperate with private investors to provide for the recovery of facility
improvement costs which are attributable to other development projects.
Goal 5 Encourage safe and active school transportation to improve community health,
economic, and environmental outcomes.
Policy 5.5 Acknowledge primary responsibility of schools for education as well as common
interest in the health and safety of students.
Policy 5.6 Continue to support and act on the Healthy Kids — Safe Streets Action Plan and
other programs that are working to build a generation of healthy and safe walkers, bicycle,
and bus riders.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
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Policy 5.7 Collaborate with Yelm Community Schools on school siting, design, and safe
travel infrastructure around schools to encourage walk, bike, and bus trips to school.
Policy 5.8 In new neighborhoods, site and design schools that maximize opportunity for
neighborhoods and the community, and encourage travel to schools on foot, by bike or by
bus.
Policy 5.9 Participate in public /private partnerships to maximize and leverage revenue for
schools and other facilities, including surrounding safe walk /bike routes.
Goal 6 Improve infrastructure around schools that results in safe pedestrian, bicycle, and bus
access.
Policy 6.1 Support Yelm Community Schools efforts on funding support for safety
education and infrastructure improvements around schools.
Policy 6.2 Prioritize infrastructure improvements around schools.
Policy 6.3 Identify targeted revenue source for sidewalk and safety improvements around
schools — especially those with walk and bike safety education and encouragement
programs.
Goal 7 Reduce transportation congestion and environmental impacts.
Policy 7.1 Encourage through densification the use of alternative forms of transportation.
Policy 7.2 Provide for park- and -pool facilities that increase vanpool and carpool options in
development regulations.
Policy 7.3 Connect urban and rural bicycle and pedestrian pathways with parks and open
spaces to encourage more active transportation and use of natural areas.
Goal 8 Consider freight mobility needs in local and regional planning.
Policy 8.1 Ensure that transportation plans and funding strategies explicitly consider the
need to move goods and services within and between local communities, and between the
Thurston Region and other markets.
Goal 9 Integrate transportation considerations into land use decisions, and vice versa.
Policy 9.1 Provide for increased densities in urban neighborhoods and activity centers near
transportation corridors in development regulations.
Policy 9.2 Development regulations should allow for more compact forms of development
to ensure that future land -use patterns will be efficient to serve with transit, freight or other
transportation infrastructure.
Policy 9.3 Align transportation infrastructure funding to support the preferred land -use
vision for vibrant centers, corridors, and neighborhood centers.
Policy 9.4 Evaluate integration of location- efficiency into transportation impact fee
structures.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
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ECONOMIC DEVELOPMENT
The objective of the economic development chapter is to encourage the location of jobs, goods,
and services for the residents of Yelm and Yelm's service area as an urban center serving
southeast Thurston and south Pierce counties.
Goal 1 Create a healthy economic base for the community by supporting clean industry,
tourism, higher education, vocational education, and retail services.
Policy 1.1 Support the development of retail and commercial services to meet the needs of
the community.
Policy 1.2 Support clean industry by providing large parcels suitable for development and
supporting infrastructure.
Policy 1.3 Support actions to preserve the charm and improve the character of Yelm's
historic Central Business District.
Policy 1.4 Encourage new commercial services to locate in existing commercially zoned
areas.
Policy 1.5 Encourage the location of higher education and vocational education institutions
in Yelm, focused on the areas of interest in Yelm, such as:
• Agriculture
• Horticulture
• Forestry
Policy 1.6 Market Yelm's attractions to tourists: such as its agricultural setting, views of
Mount Rainier, location at the head of the proposed regional railway right -of -way trail,
fishing, hiking, bicycling, horseback riding, and day -trip proximity to Mount Rainier, ocean,
and theme parks.
Policy 1.7 Support the development of a survey of the strengths and weaknesses of the
local economy and develop strategies to address the results.
Policy 1.8 Support the development of a summary of the state of the local economy.
Policy 1.9 Join with the Thurston Economic Development Council to identify potential
businesses to locate in Yelm's industrial areas.
Policy 1.10 Join with the Thurston Economic Development Council to promote cottage
industries within the community.
Policy 1.11 Coordinate with State run Universities and Community Colleges to promote Yelm
as a satellite location for a State education center.
Goal 2 Coordinate economic development efforts to attract and retain businesses and jobs.
Policy 2.1 Support efforts by the Thurston Economic Development Council and Yelm
Chamber of Commerce to develop an intergovernmental collaboration and coordination
panel focused on sustainability and aligned with economic development organizations.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
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Policy 2.2 Support regional efforts to establish and update a matrix of development
processes and publish a white paper as the guidepost for comprehensive plan updates and
local land use issues.
Policy 2.3 Coordinate with other permitting jurisdictions to advocate for permitting vision,
clarity, and predictability.
Policy 2.4 Support regional efforts to create a community -wide vision and action plan for
coordinated and efficient governance that enlists multiple organizations in the
implementation of defined community priorities and goals.
Policy 2.5 Encourage the creation of a City economic development effort to include
marketing to attract new businesses that are consistent with the community's vision, to
support retaining existing businesses, and to support small businesses.
Policy 2.6 Explore opportunities to defer or delay system development charges to
encourage new business and facilitate revitalization in the City.
Policy 2.7 Explore incentive opportunities to encourage infill development within the City.
Goal 3 Foster industry clusters to create jobs, and increase revenue circulation locally.
Policy 3.1 Support efforts to create local opportunities for educational funding.
Policy 3.2 Support efforts to encourage the Washington State Legislature to create
business tax incentives /credits.
Goal 4 Create an innovation culture to encourage entrepreneurship.
Policy 4.1 Support regional efforts to explore public - private partnerships for creation of a
community artist's center as a place for arts to exist and interact.
Policy 4.2 Support efforts to evaluate the potential for creating a South County telework
center, perhaps co- located with a small business incubator, library, or other appropriate use.
Policy 4.3 Support private efforts to recruit artists and entertainers in order to create vital
urban places that make the community an exciting place to live and attract young
innovators.
Goal 5 Provide robust infrastructure to support economic development.
Policy 5.1 Support /preserve long -term investment in multimodal transportation.
Policy 5.2 Build capacity in telecommunications and fiber networks for commercial &
industrial properties /business parks and employment centers.
Policy 5.3 Identify telecom /infrastructure gaps in the network, and place conduit during
public works construction projects.
Policy 5.4 Consider "last mile" freight delivery needs when developing site design and
ingress /egress requirements, street standards, and neighborhood — commercial circulation.
Policy 5.5 Advocate for sustainable funding mechanisms.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
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Goal 6 Ensure adequate supply of shovel -ready land along primary transportation corridors
and invest in commercial and industrial redevelopment.
Policy 6.1 Assess buildable land availability /readiness.
Policy 6.2 Support regional efforts to protect employment- bearing lands and ensure an
adequate supply to match target industries (medical, manufacturing, food, chemical).
Policy 6.3 Support brownfield clean -up strategies /planned actions for development and
redevelopment.
Goal 7 Create a robust economy through sustainable practices.
Policy 7.1 Support the Economic Development Councils efforts to implement the
Sustainable Economy action plan.
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PARKS AND RECREATION
The objective of the parks and recreation chapter is to ensure that adequate active and passive
recreational and community facilities are provided to serve all residents
Goal 1 Create a network of park and open space lands that serve the residents of Yelm
regardless of their age.
Policy 1.1 Construct a system of parks, a network of trails, and community recreation
facilities.
Policy 1.2 Design parks to include play areas and picnic areas, community gathering areas
and nature walk spaces.
Policy 1.3 Design a trail network to be accessible, expandable, and effectively connect
sidewalks with on and off street bicycle facilities. Regularly review the design and
implementation of the trail network.
Policy 1.4 Design sports and community recreation facilities to provide opportunities for
learning new skills, exercise and activities for all ages, and respond to the interests of as
many citizens as possible. Regularly review the design and implementation of the sports and
recreation facilities.
Policy 1.5 Enhance the existing park and recreation network by:
• Adding opportunities for all neighborhoods to have a gathering or play space within
walking distance of homes, or linkages via sidewalks and paths that encourage
bicycling and walking;
• Meeting the demands of a more diverse population, increasingly aware of the
importance of exercise and activity for the mental and physical wellbeing of young
and old;
• Continuing to support youth and adult sport activity needs, building new facilities in
cooperation with schools and other public and private partners; and
• Accommodating community needs for gathering spaces and for events and
accommodate - as much as possible - regional and state user needs for special events
in park and recreation facilities.
Policy 1.6 Continue efforts toward developing, maintaining and improving current park
areas, facilities and programs according to their current master plans including:
• Cochrane Memorial Park;
• Longmire Community Park;
• Yelm City Park;
• Yelm Sidewalk and Bikeways Program; and
• Thurston Regional Trails Plan.
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Policy 1.7 Create a unified system of open space lands for public use and enjoyment which
integrates critical area, habitat buffers, wastewater reuse or recycling areas, habitat
restoration or enhancement areas, and public lands.
Policy 1.8 Prioritize available funds for parks and open space lands to:
• Maintain existing park and trail areas;
• Add land to existing and identify new park or open space areas;
• Construct identified facilities within existing park areas; and
• Develop new park or recreation facilities.
Goal 2 Acquire and develop additional park and open space lands to meet the needs of the
community.
Policy 2.1 Acquire land and develop new park, trail, and recreation facilities which may
include the following community priorities:
• Land for athletic fields and play areas;
• Community recreation facilities that can accommodate facilities such as a swimming
pool, gym, meeting areas, and multiuse spaces;
• Neighborhood parks and a special use park; and
• Mini parks, such as play lots and playgrounds, which are available within a
neighborhood and may be part of a larger neighborhood park. In master planned
communities, mini parks may be called "pocket parks ".
Policy 2.2 Give preference to new recreational facilities which are located near residential
populations or adjacent to schools.
Policy 2.3 Adopt development regulations which require park, trails, and community
recreation facilities to:
• Accommodate the physically handicapped and the elderly;
• Provide adequate parking at each facility;
• Considers the long -term maintenance of the facility;
• Design landscaping and amenities that allows easy surveillance from street edges and
surrounding properties, and
• Provide incentives for developments that provide additional parks, trails, or
improvements to existing facilities.
Policy 2.4 Avoid creating parks and recreational facilities in hazardous areas or sites which
are known to flood.
Goal 3 Plan and develop a trail network that serves all parts of the community.
Policy 3.1 Continue to implement the Thurston Regional Trails Plan which identifies a trail
system that connects neighborhoods, cities, and neighboring counties.
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Policy 3.2 Acquire and protect land from encroachment that would block trail development
along existing or potential corridors, such as railroad rights -of -way and power line
easements.
Policy 3.3 Collaborate with adjacent jurisdictions, tribes, and transportation providers on
the planning, financing, and development of regional trail facilities.
Policy 3.4 Connect the trail network to major destinations and activity centers including
parks, schools, business districts, other public facilities or sites, and park and ride lots.
Goal 4 Encourage public and private efforts to provide parks, recreation facilities, and
recreation programs to the community.
Policy 4.1 Enhance Yelm's existing park and recreation network by making efficient use of
existing facilities.
Policy 4.2 Support partnerships with private organizations to raise funds to develop park
and recreation areas.
Policy 4.3 Support a partnership with the Yelm School District to provide, coordinate, and
maintain park and recreation facilities.
Policy 4.4 Support new recreational programs on public properties located near residential
populations or adjacent to schools.
Policy 4.5 Seek support from various local groups (e.g. Yelm Chamber of Commerce, Yelm
Lions Club, Youth Athletic Association, Rotary, and other organizations) to participate in
providing needed improvements to local parks, such as: Yelm City Park, Cochrane Memorial
Park, and Longmire Park.
Goal 5 Conserve open space corridors to provide definition between natural areas and urban
land uses.
Policy 5.1 Identify natural areas, railroad right -of -ways, and planned trail routes as open
space corridors.
Policy 5.2 Coordinate and cooperate with other public and private landowners to set aside
land and resources necessary to provide high quality open space before the most suitable
sites are developed.
Policy 5.3 Protect unique environmental features from development and allow public
access provided that it will not degrade the site.
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ENVIRONMENTAL PROTECTION AND CRITICAL AREAS
The objective of the environmental protection and critical areas chapter to protect and
enhance the natural environment while accommodating urban growth.
Goal 1 Protect Yelm's natural environment by regulating development within critical areas.
Policy 1.1 Work with adjacent jurisdictions, state, federal, and regional agencies to protect
and conserve Yelm's critical areas.
Policy 1.2 Protect and restore environmental quality through land use plans, surface water
management plans and programs, comprehensive park plans, and development regulations.
Policy 1.3 Adopt development regulations and land use categories that concentrate higher
densities and intensities in suitable areas.
Policy 1.4 Encourage new development located in or adjacent to critical areas to utilize
clustering, low impact development (LID), and planned unit development (PUD) techniques.
Policy 1.5 Protect groundwater and encourage wise management of this valuable resource.
Policy 1.6 Adopt development regulations for wellhead protection areas based upon the
best available science and hydrologic modeling.
Policy 1.7 Require all development within the urban area to be on sewers which after
treatment can provide reclaimed water to enhance aquifer recharge and hydrologically
connected surface streams.
Policy 1.8 Require treatment of stormwater on site using swales, ponds, biofiltration,
detention and other conveyance facilities prior to discharge to either ground or surface
waters.
Policy 1.9 Implement the policies and programs of the sewer and water comprehensive
plans.
Policy 1.10 Take action in cooperation with the Washington Department of Ecology to
improve areas with degraded ground or surface water.
Policy 1.11 Explore contingency plans for drinking water supplies should an existing water
source become unusable.
Policy 1.12 Protect Yelm's aquatic resources, and where possible restore or enhance their
natural functions.
Policy 1.13 Adopt stormwater development regulations that prevent turbidity and siltation
from construction sites and restrict stormwater runoff to predevelopment levels through the
use of low impact development (LID) management techniques.
Policy 1.14 Adopt development regulations for wetlands, streams, and their associated
buffers that are based upon best available science.
Policy 1.15 Manage wetlands, rivers, streams, ponds, and lakes as hydrologically
interconnected natural systems and not as isolated units.
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Policy 1.16 Provide mechanisms within development regulations to allow buffer averaging,
enhancement, and other mitigation measures that do not degrade or further impact
sensitive areas in order to achieve maximum allowed densities.
Goal 2 Prevent the loss of life and property in frequently flooded areas.
Policy 2.1 Adopt the Federal Flood Insurance Program and the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Maps for any developments located
within a frequently flooded area.
Policy 2.2 Adopt development regulations for frequently flooded areas that prohibits
development within a floodway and discourages the filling of floodplains unless necessary to
meet a public purpose.
Policy 2.3 Allocate frequently flooded areas to low intensity land uses for which they are
best suited.
Goal 3 Prevent the loss of life and property in areas subject to erosion, landslides, or other
geologic hazards.
Policy 3.1 Adopt development regulations areas subject to erosion, landslides, or other
geologic hazards based upon best available science.
Policy 3.2 Continue to gather and review seismic data to assess the community's risk to
earthquake hazards.
Policy 3.3 Preserve, protect, and enhance fish and wildlife habitat.
Policy 3.4 Preserve native vegetation in riparian areas and enhance this habitat wherever
possible.
Policy 3.5 Manage publicly owned aquatic and riparian habitats in a way that enhances its
ability to sustain fish and wildlife.
Policy 3.6 Encourage residents and businesses to use native plants in residential and
commercial landscaping.
Goal 4 Protect air quality.
Policy 4.1 Support state and federal air quality standards which regulate activities that emit
pollutants into the air.
Policy 4.2 Encourage commute trip reduction efforts and the use of transportation demand
management techniques to reduce energy consumption and air pollution.
Goal 5 Control excessive noise that diminishes the use, value, and enjoyment of property
within Yelm.
Policy 5.1 Rely upon the state noise standards to ensure that excessive noise does not
impair permitted land use activities.
Goal 6 Reduce air pollution that endangers human health.
Policy 6.1 Reduce the region's vehicle miles traveled by focusing more job and housing
density in Yelm.
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Policy 6.2 Continue to support regional efforts to monitor air quality and take actions to
reduce air pollution.
Goal 7 Protect, preserve and restore streams, wetlands, and shorelines to protect water
quality.
Policy 7.1 Enforce existing environmental - protection regulations.
Policy 7.2 Allow the use of low- impact development (LID) practices where feasible in
development regulations.
Policy 7.3 Continue to support local efforts to identify and restore degraded streams and
shorelines of Puget Sound.
Goal 8 Preserve environmentally sensitive lands, farmlands, forest lands, prairies, and rural
lands through the development of compact urban areas.
Goal 9 Protect and improve water quality, including groundwater, rivers, streams, lakes, and
the Puget Sound.
Policy 9.1 Support Thurston County's efforts to preserve stream basins that still have the
opportunity to function properly.
Policy 9.2 Participate with Thurston County in any watershed -based land -use planning
activities in Yelm or the Yelm urban growth area.
Goal 10 Maintain air quality standards.
Policy 10.1 Support regional efforts to continue to focus on reducing vehicle miles traveled
and improving the efficient movement of people and goods on the transportation network.
Goal 11 Invasive Species
Policy 11.1 Discourage the use of any invasive species in any landscaping within the City
limits and the Urban Growth Area.
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ESSENTIAL PUBLIC FACILITIES
The objective of the essential public facilities chapter is to identify and allow facilities necessary
to accommodate urban growth.
Goal 1 Provide for the siting of essential public facilities.
Policy 1.1 Cooperatively establish a fair share process for locating essential public facilities
identified by Yelm, county, and state which are needed for the community and the region.
Policy 1.2 Adopt a permit process for essential public facilities which accommodates
locating the use while mitigating its impacts.
Policy 1.3 Locate City of Yelm essential public facilities based upon the following criteria:
• Allow all essential public facilities in all land use categories with appropriate
safeguards;
• Exclude public safety facilities (e.g. central police, court, and detention facilities from
residential land uses; and
• Accommodate schools within the Yelm urban growth area consistent with adopted
development regulations.
Policy 1.4 Locate county -wide and state -wide essential public facilities based upon the
following criteria:
• Prohibit facilities that would have a probable significant adverse impact on critical
areas or resource lands; and
• Prohibit major public facilities which generate substantial traffic unless they are sited
near major transportation corridors.
Policy 1.5 Locate existing and proposed essential public facilities (such as well sites,
reservoirs, wastewater treatment plants, parks and other publicly owned lands) on the
future land use map.
Policy 1.6 Encourage the public to participate in all stages of identifying and permitting
essential public facilities within Yelm and its Urban Growth Area.
Goal 2 Provide emergency services in a dependable and efficient manner to meet the
dynamic needs of a diverse society.
Policy 2.1 Cooperate with regional efforts to provide emergency services.
Policy 2.2 Develop and maintain an emergency plan.
Goal 3 Create a resilient region by improving disaster preparedness, response, and recovery
efforts, as well as by expanding public safety education.
Policy 3.1 Support regional efforts to fund an update to the region's Federal Emergency
Management Agency- approved Natural Hazards Mitigation Plan every five years.
Policy 3.2 Identify cost - effective mitigation actions that provide all sectors of the
community protection from disaster events.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 58 of 85
Policy 3.3 Consider emergency facilities in community planning and permitting.
Policy 3.4 Participate in regional emergency exercises and recovery planning processes.
Policy 3.5 Support regional efforts to expand the eligibility of Federal Emergency
Management Agency (FEMA) mitigation grant programs to allow replacement of aging
structures.
Goal 4 Promote good health for city residents.
Policy 4.1 Support awareness of the Washington Health Plan Finder (Health Care Exchange)
and local navigator assistance for users of the program.
Policy 4.2 Support efforts by health care providers to improve health care availability and
services for all within the Yelm area.
Policy 4.3 Identify the health and human services in the Yelm area for:
• Young women
• Low income
• Special needs and behavioral health needs
• Clinics and family practices
• Fitness and gym facilities
Goal 5 Improve community coordination to create schools that use land, tax dollars, and
other resources efficiently.
Policy 5.1 Participate in meetings with Yelm Community Schools to share information and
discuss issues related to long- and short -term planning for schools, parks,
bike /pedestrian /bus network or other facilities.
Policy 5.2 Support efforts by Yelm Community Schools to explore innovative strategies,
such as public -to- public land swap opportunities, to create suitably -sized parcels for new
schools close to existing neighborhoods or where there is convenient access to good transit
service.
Policy 5.3 Identify joint use and cost - sharing opportunities when co- locating facilities or
making infrastructure investments.
Policy 5.4 Allow schools to locate within walking distance of large student populations or
near available transit routes through development regulations.
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 59 of 85
.JOINT PLANNING POLICIES
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 60 of 85
YELM COMPREHENSIVE PLAN UPDATE
PUBLIC COMMENTS AND RESPONSES
SEPTEMBER, 2016
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 61 of 85
II' . .., ,,,, „X C io' E Hof'
PublicComments ............................................................................................... ..............................1
GeneralPublic .............................................................................................. ...............................
2
Comments from the Web and Home & Garden Show ............................. ..............................2
Response to Public Comments .................................................................. ..............................5
Stakeholders................................................................................................. ...............................
6
Stakeholder Comments on Guiding Principles ......................................... ...............................
6
Response to Stakeholder Comments on Guiding Principles ..................... ..............................6
Stakeholder Comments on Land Use Chapter ......................................... ...............................
6
Response to Stakeholder Comments on Land Use .................................. ...............................
6
Stakeholder Comments on Capital Facilities Chapter ............................... ..............................7
Response to Stakeholder Comments on Capital Facilities ........................ ..............................7
Stakeholder Comments on Economic Development Chapter .................. ..............................7
Response to Stakeholder Comments on Economic Development ........... ..............................7
Stakeholder General Comments ............................................................... ..............................7
Response to General Stakeholder Comments ......................................... ...............................
8
Open House & Public Hearing -June, 2016 .................................................. ..............................9
TimFryst .................................................................................................... ..............................9
Responseto Tim Fryst ............................................................................... ..............................9
KaiFryst ..................................................................................................... ..............................9
Responseto Kai Fryst ................................................................................ ..............................9
ClaireDoyle ............................................................................................... ..............................9
Response to Claire Doyle ........................................................................... ..............................9
JerryCollell ............................................................................................... ...............................
9
Response to Jerry Collell ........................................................................... ..............................9
Open House & Public Hearing August 2016 ................................................. .............................10
JessicaSmith ............................................................................................. .............................10
Response to Jessica Smith ........................................................................ .............................10
SteveKlein ................................................................................................ .............................10
Response to Steve Klein ........................................................................... .............................10
AgencyComments ............................................................................................ .............................11
Joint Base Lewis McChord (JBLM) Comments ............................................. .............................12
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 62 of 85
JBLMIntroduction .................................................................................... .............................12
JBLMComment 1 ..................................................................................... .............................13
Response to JBLM Comment 1 ................................................................. .............................13
JBLMComment 2 ..................................................................................... .............................13
Response to JBLM Comment 2 ................................................................. .............................13
JBLMComment 3 ..................................................................................... .............................14
Response to JBLM Comment 3 ................................................................. .............................14
JBLMComment 4 ..................................................................................... .............................14
Response to JBLM Comment 4 ................................................................. .............................15
JBLMComment 5 ..................................................................................... .............................15
Response to JBLM Comment 5 ................................................................. .............................16
Washington State Department of Transportation ( WSDOT) Comments .... .............................17
WSDOTIntroduction ................................................................................ .............................17
WSDOTComment 1 ................................................................................. .............................17
Response to WSDOT Comment 1 ............................................................. .............................17
WSDOTComment 2 ................................................................................. .............................17
Response to WSDOT Comment 2 ............................................................. .............................17
WSDOTComment 3 ................................................................................. .............................18
Response to WSDOT Comment 3 ............................................................. .............................18
WSDOTComment 4 ................................................................................. .............................18
Response to WSDOT Comment 4 ............................................................. .............................18
Washington State Department of Commerce (Commerce) Comments ...... .............................19
Commerce Introduction ........................................................................... .............................19
Commerce Comment 1 ............................................................................ .............................19
Response to Commerce Comment 1 ....................................................... .............................19
Commerce Comment 2 ............................................................................ .............................19
Response to Commerce Comment 2 ....................................................... .............................19
Commerce Comment 3 ............................................................................ .............................19
Response to Commerce Comment 3 ..................................................... ...............................
20
Commerce Comment 4 ............................................................................ .............................20
Response to Commerce Comment 4 ..................................................... ...............................
20
Commerce Comment 5 ............................................................................ .............................20
Response to Commerce Comment 5 ..................................................... ...............................
20
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 63 of 85
Commerce Comment 6 ............................................................................ .............................20
Response to Commerce Comment 6 ..................................................... ...............................
20
Commerce Comment 7 ............................................................................ .............................21
Response to Commerce Comment 7 ..................................................... ...............................
21
Commerce Comment 8 ............................................................................ .............................21
Response to Commerce Comment 8 ..................................................... ...............................
21
Commerce Comment 9 ............................................................................ .............................21
Response to Commerce Comment 9 ..................................................... ...............................
21
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 64 of 85
PUBLIC COMMENTS
- Page 1-
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 65 of 85
GENERAL PUBLIC
COMMENTS FROM THE WEB AND HOME & GARDEN SHOW
Land Use
• More research on future impact of decisions.
• No more slant roof buildings in new construction. Ugly, boring, common, & passe.
• Renovate buildings, keep character.
• Clarify sustainable approaches to growth.
• Big vision for Yelm.
Land Use /Economic Development
• More control on Home Occupations.
Land Use /Environmental Protection
• No fireworks in housing areas.
• Allow permeable pavers.
Housing
• Keep older architectural charm of older homes, buildings.
• Setback needs to be greater from road & sidewalk, crowded city looks terrible. There is
enough room in South Thurston not to make a crowded city.
• Houses need to be further apart for safety, 10 to 20 feet is a fire hazard.
• Put 1 house forward and 1 back on lots — stagger to create better distance.
• Protect Homeowners.
Utilities
• Solar Lighting Electric (Ditto, make us greener).
• Promote energy efficiency.
• Commitment to get all power underground.
Transportation
• Shift Change Shuttles to /from JBLM.
• Rename Wal -Mart Street, now, to a local name.
• Synchronize street lights to ease gridlock (Ditto or finish more lanes).
• Make Yelm Ave 1 way from Killion to Roundabout.
• Suggest blocking old McKenna Hwy entrance onto SR 510.
• Alternative road routes, bypass City center.
• Time the stop lights (Ditto).
- Page 2 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 66 of 85
• Adjust school zone flashing signals on late start days.
• Better control street racing /speeding (2nd this).
• Please have students and school staff exit onto Berry Valley behind the high school.
Entrance should be there as well using Tahoma Rd access — both ways.
• Let the student have a stop light so we are not using the turn lane.
• Are there any plans to zone extra bike trails given the popularity of rails to trails.
Transportation /Parks
• More bicycle lanes (Ditto and enforcement of bikers following road rules).
• Have walking path and bicycle path going east west.
• Extend bike trail along old irrigation canal — ditch — Historic markers along the route.
• Better bicycle paths.
• Define pedestrian amenities.
Transportation /Economic Development
• Directional point of interest signage, highlights of the City (Trail, Golf Course, Parks,
Schools).
Transportation /Capital Facilities
• Please repair sidewalk on Creek Street opposite the post office.
• Sidewalk on Railway S of 1st to Middle (Ditto, more around all edges of city limits).
• Love the curb Yelm Ave and Ball Hill. Please extend Yelm Av to Morris Road (Ditto).
• Finish bypass to eliminate traffic downtown Yelm.
Economic Development
• Christmas decorated streets.
• People have to leave Yelm for a lot of shopping. Draw businesses into the Yelm
boundaries. (Ditto, we could use a pet shop).
• Downtown shops, covered sidewalks, bring back (my) hardware store (Ditto, miss them).
• A LPS and MIP Stores for kids in Yelm.
• Promote more mixed use commercial /housing.
• Need to bring in family friendly businesses like Old Country Buffet, Skating Rink, etc.
• More local commerce — less franchise. Keep Yelm unique and different than
Oly /Lacey /Tumwater.
• Home Depot or Lowes (Yes).
Economic Development /Transportation
• More signage, off premise signs for businesses not right on Yelm Ave.
Economic Development /Environmental Protection
- Page 3 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 67 of 85
• Ban plastic shopping bags in Yelm.
Economic Development /Land Use
• Create better parking and clean up buildings in the downtown area to promote /recruit
quality businesses there (Ditto, let's have a City clean up day).
Parks & Recreation
• City Parks and Rec Department that coordinates and runs youth athletics as our current
athletics is run through Lacey organizations (Ditto, and skate park - large).
• Regulations for dog owners to have insurance and penalties for not keeping on leash in
parks.
• Yelm Community Pool (Ditto), Ice Skating Rink, Bird Atrium.
• We are interested in having a pool in Yelm and I am willing to work on a committee or
other entity to help.
• Community Pool. YMCA — There is nothing for kids to do in Yelm.
• Bike Park (Ditto).
• Community Pool (7 others).
• Youth Club.
• Why no mushroom club?
• Support a Father Daughter Dance.
• Covered recreation - basketball /gym.
• 1 miss the street dance at Prairie Days.
• Have a recreation center.
• More recreational opportunities and facilities for children of all ages. Playgrounds.
• Swimming pool, Basketball, rec hall —things to provide recreation for kids.
• We would like to have outdoor cover areas like the ones at the park now.
• Music /Dance for the community.
• Start fundraiser for Community Pool.
• Create an engaging Parks and Recreation Dept to provide activities for both adults and
youth.
• Yelm is largely a Living and Commuter Community, so why no Parks and Recreation
Program lead by City.
• Better parade (this one — not hip).
• Scotch Broom Festival and benefit of Scotch Broom.
Parks & Recreation /Land Use
• Rain garden behind motel — Sustainable permaculture gardens /on vacant lots.
- Page 4 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 68 of 85
• Community garden, please (Yes. Ditto, using local artists' donations as well. I second
this).
Parks & Recreation /Economic Development
• Visitor Center.
• Bring people to Yelm from surrounding areas for recreation.
Environmental Protection and Critical Areas
• Is the community center LEED certified?
• Why not following LEAD policy (solar panels, etc.) for Community Center.
• Protect Environment.
• Plan for Phase II stormwater.
Essential Public Facilities /Economic Development
• 24/7 Urgent Care or Hospital (Ditto, there is enough growth for this).
Essential Public Facilities /Environmental Protection
• Rat control on water reclamation systems.
Uncategorized
• What are Yelm's assets?
• Why not call the community center just Yelm.
• Encourage more local farmers to supply Yelm with food.
RESPONSE TO PUBLIC COMMENTS
The Planning Commission presented the draft Comprehensive Plan to the public through many
outlets. Outreach efforts included: a page on the City website; advertisements at the Yelm
Cinema; a full insert in the Nisqually Valley News; letters to homeowners association groups;
personal meetings with local realtor associations; presenting at a forum hosted by the Yelm
Business Association; presenting at a Yelm Chamber of Commerce luncheon; and hosting a
booth at the 2015 Home & Garden Show.
Comments received from these formats were sorted into categories corresponding to chapters
in the draft Comprehensive Plan. The Planning Commission noted that most of the comments
were addressed by existing goals and policies or those goals and policies the Commission added
to the Comprehensive Plan from the Sustainable Thurston Plan. Finally, if the comments were
not addressed in the draft plan or through the Sustainable Thurston Plan, the Planning
Commission added language addressing the raised concerns, where appropriate.
- Page 5 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 69 of 85
STAKEHOLDERS
STAKEHOLDER COMMENTS ON GUIDING PRINCIPLES
Goal 4 Focus on private property rights, the goal of a balanced Region Climate Action Plan is
unachievable
Policy 8.1 Support efforts to identify and secure funding to achieve sustainable Thurston goals
and vision: Yelm should strive to stay independent and create our own sustainable projects, do
not lose our individuality by being too involved with county and state
Policy 12.5 Notice to JBLM on City land use decisions: Good to share information, but assure
that City remains the decision maker
Policy 13.2 Notice to Nisqually Tribe on City land use decisions: Good to share information, but
assure that City remains the decision maker
RESPONSE TO STAKEHOLDER COMMENTS ON GUIDING PRINCIPLES
The draft Plan includes language from the Sustainable Thurston Plan that supports becoming a
Carbon - neutral community. The Plan provides a balanced approach to regional efforts and
property rights throughout the plan. The Sustainable Thurston plan was reviewed closely by
the Commission to include goals and policies that support Yelm's vision.
The Growth Management Act requires that Cities and Counties adjacent to military bases notify
them of changes to comprehensive plan and development regulations, with similar
requirements for Native American nations. The City has always coordinated with both the
Nisqually Tribe and Joint Base Lewis McChord, regardless of statutory requirements.
The Yelm City Council is the decision maker for local land use actions, including Comprehensive
Planning and permitting.
STAKEHOLDER COMMENTS ON LAND USE CHAPTER
Policy 2.5 Implement standards such as Green /LEED or energy rating systems: Adopt these
standards, but do not make them regulation.
Goal 2 Require all City infrastructure to use these standards in City Projects.
Do not plan for more growth without having adequate infrastructure first.
RESPONSE TO STAKEHOLDER COMMENTS ON LAND USE
The Planning Commission amended Policy 2.5 to read "Adopt development regulation
incentives that encourage sustainable development such as Green /LEED or Home Energy Rating
System Standards."
The City Council ultimately determines whether to exceed local regulations in public projects
through the design of those projects.
- Page 6 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 70 of 85
The Comprehensive Plan is a guide for planning for infrastructure to support expected growth
and does not limit growth. The Capital Facilities Plans and development regulations ensure that
required infrastructure is completed concurrently with the needs of growth.
STAKEHOLDER COMMENTS ON CAPITAL FACILITIES CHAPTER
Policy 3.8 No new taxes!
RESPONSE TO STAKEHOLDER COMMENTS ON CAPITAL FACILITIES
The Comprehensive Plan does not address revenue or taxation.
STAKEHOLDER COMMENTS ON ECONOMIC DEVELOPMENT CHAPTER
Be more welcoming to new business — explore ways to ease financial burden to open.
Capitalize on bike path as downtown asset.
RESPONSE TO STAKEHOLDER COMMENTS ON ECONOMIC DEVELOPMENT
The Planning Commission added two new policies to the draft Plan to address new business.
Policy 2.6 states "Explore opportunities to defer or delay system development charges to
encourage new business and facilitate revitalization in the city."
Policy 2.7 states "Explore incentive opportunities to encourage infill development within the
City."
Economic Policy 1.6 is to market Yelm's attractions to tourists: such as its agricultural setting,
views of Mount Rainier and the location at the head of the proposed regional railway right of
way trail. The trail and its opportunities are also addressed in the Park Plan update.
STAKEHOLDER GENERAL COMMENTS
Plan is general, seems in order.
Include Yelm Business Association as a recognized group such as Chamber or Rotary.
Provide directional sign to all public parking downtown.
Allow food trucks.
Outdoor Seating is great! Create more downtown use like that.
Plan has no force provide stronger language.
Missing priorities and objectives.
Provide timeline to implement.
Provide estimated dollar amount to implement.
- Page 7 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 71 of 85
RESPONSE TO GENERAL STAKEHOLDER COMMENTS
The Yelm Business Association is listed in the draft Comprehensive Plan as a stakeholder. The
Chamber is listed in Economic Goal 2 regarding specific coordination between two entities.
The Rotary is listed in relation to park improvements, in which they have participated in the
past.
Land Use Policy 4.5 provides for community "way- finding" signs and Land Use Policy 13.3
specifically supports food trucks.
The 2016 Comprehensive Plan is in a new format, consistent with the Unified Development
Code. It is a list of goals and policies, and is not a regulatory document.
The City Council implements the Comprehensive Plan through adoption of development
regulations, capital facility plans, budgets, and other projects. The Council determines the
timeline and funding measures to implement the Plan.
- Page 8 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 72 of 85
OPEN HOUSE & PUBLIC HEARING -JUNE.. 2016
TIM FRYST
Zoning change from R -16 to R -6 does not allow him to develop the property as intended.
Wants to build duplexes but new zone would not allow it. Purchased the property for future
development potential.
RESPONSE TO TIM FRYST
The Planning Commission chose to change the zoning to Central Business District. This allows
for all residential development, as well as commercial.
KAI FRYST
Property proposed to be rezone would affect ability to construct duplexes. Like prior speaker,
purchased the property for future development potential.
RESPONSE TO KAI FRYST
The Planning Commission chose to change the zoning to Central Business District. This allows
for all residential development, as well as commercial.
CLAIRE DOYLE
Property being rezoned to R -4. Please consider providing agricultural zoning within the City.
County is trying to keep farm lands, City of Yelm should too.
RESPONSE TO CLAIRE DOYLE
Providing agricultural and farming zones within cities does not meet the principles of the
Growth Management Act, which does provide for and require separate urban, rural, and
resource lands.
JERRY COLLELL
Just received information of possible rezone change minutes prior to the meeting, hoping that
there would be time to get clarity on this zoning.
RESPONSE TO JERRY COLLELL
The Planning Commission held a second open house and public hearing in August 2016 with
responses to comments above and provided additional time for notice of the hearing.
- Page 9 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 73 of 85
OPEN HOUSE & PUBLIC HEARING AUGUST 2016
JESSICA SMITH
Spoke in favor for the zoning changes and that she had heard the same from her neighbors.
RESPONSE TO JESSICA SMITH
No response required.
STEVE KLEIN
1. Please send out Open House information letters well in- advance of the date - the June
Open House situation was disingenuous, at best, receiving the snail mail after the
meeting.
2. The timing & location of the Aug. 9th Planning Commission Open House was poor due to
the concurrent timing of former Mayor Ron Harding's going -away party, limiting parking
and access.
I came and did not see there was a sign for the Planning Commission Open House, so
missed the session. Also, 4 -6pm is not a good time for the public to attend, since most
people work 9 -5 jobs. Indeed, Councilor Joe DePinto works in Olympia and leaves there
at 5pm and would not have been there to be a part of the session, as an example, due
to the heavy traffic to Yelm at that hour.
The Aug. 15th Public Hearing begins at 5pm, same situation.
3. The Yelm Business Assn. (YBA) President Cynthia Schmier was told there would be no
Comp. Plan revision in the downtown area when she submitted the YBA Comp Plan
suggested changes. Now, the rezoning of the downtown area into a commercial district
ensues. This does not instill goodwill with property owners.
4. The downtown area now having commercial set -backs so far from the street is deeply
concerning. While I am told our property will be allowed to be sold to a commercial
business, potentially bringing more value if sold, the loss of yard space to the set -back
requirements on our narrow 4th St. is enormous. I am sure if other property owners
were aware of this, they would be wary, too. I invite you to join us on 4th Street south
of Yelm Ave. E. at a mutually agreeable date to see for yourselves.
RESPONSE TO STEVE KLEIN
The Planning Commission reviewed Mr. Klein's comments. There were no comments regarding
the Comprehensive Plan, just concern about timing. The Commission held a second open
house in August of 2016, providing plenty of time for Mr. Klein to provide to the Commission
any information he deemed useful to deliberations.
- Page 10 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 74 of 85
AGENCY COMMENTS
- Page 11 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 75 of 85
JOINT BASE LEWIS MCCHORD (JBLM) COMMENTS
JBLM INTRODUCTION
The City of Yelm solicited comments from Joint Base Lewis- McChord regarding the City's
updated Comprehensive Plan, a policy document that establishes goals and policies with which
development regulations, capital facilities plans, and budgets must be consistent. Many of
JBLM's comments were focused on a specific development proposal, the Thurston Highlands
Master Planned Community.
The Thurston Highlands MPC has gone through environmental review, with a Final
Environmental Impact Statement issued in November 2008. The EIS evaluated the potential
environmental impacts and possible mitigation measures for a number of development
alternatives. To date, the City has not received an application for a Conceptual Master Plan
approval for review, so there is no development application pending. The property owner may
choose to proceed in the future with an application that was evaluated as part of the FEIS or
choose a different development pattern entirely.
Regardless, there will be a project review process when an application is ultimately submitted
for the Thurston Highlands, which will include Joint Base Lewis McChord.
It is worth noting, however, that the Joint Base was very involved in the review of the
alternatives as presented in the EIS. Yelm staff made a special effort to ensure the Joint Base
concerns were addressed in the FEIS.
Specifically, Section 3.10 of the EIS is devoted entirely to potential impacts to the Joint Base.
The proposed mitigation measures identified in the FEIS include:
• The City of Yelm could request JBLM to notify neighboring residents of the date and
time of any prescribed burning.
• The applicant proposed to include notification in real estate transaction documents to
advise prospective home purchasers and business owners of the proximity to JBLM, and
of possible noise and visual impacts associated with military training exercises. This
notification should include the most current update of JBLM noise - compliant
procedures
These mitigation measures exceed the recommendations in the Joint Land Use Study.
- Page 12 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 76 of 85
JBLM COMMENT 1
1. The Yelm Comp Plan appears inconsistent with the State Growth Management
Act goal to reduce sprawl - "reduce the inappropriate conversion of
undeveloped land into sprawling, low- density development." For example, the
low- density portions of Thurston Highland Master Planned Community appear to
be consistent with the GMA's definition of sprawl and, therefore, may not
support the State's goal. Recommendations on this aspect would be to
encourage the City to re -look if growth can be accommodated in other areas
of the existing city. In addition, consider eliminating the Single Family -
4 units per acre category under Policy 3.3., as six (6) units per acre is
also consistent with the EPA's Smart Growth Best Practices.
RESPONSE TO JBLM COMMENT 1
The four units per acre threshold for "urban" development patterns have been applied and
clarified over a series of GMHB decisions from 1997 forward, and typically refer to the densities
within an entire community, not just a single development. Yelm has met this guideline for
urban development patterns since the City's first GMA Comprehensive Plan was adopted in
1992.
As noted by JBLM, the Smart Growth Best Development Practices published by the US
Environmental Protection Agency at page 26 states (as an illustrative practice) that urban
development patterns in developments should "achieve a NET residential density of 6 to 7 units
per acre" [Emphasis added].
The City of Yelm has always based the allowable development densities on GROSS area,
typically achieving development densities in the Low Density Residential (R4) zoning district of 6
or more units per acre.
According to the 2014 Buildable Lands Report published by the Thurston Regional Planning
Council, the density in Yelm is currently 7.42 units /acre. This will increase as properties within
the City continue to develop.
JBLM COMMENT 2
2. The Land use plan (i.e., Thurston Highland Master Planned Community) may
not be consistent with Goal 11 of the Yelm Comp Plan ( "Promote future
development that protects public health, safety, and welfare by minimizing
risk to life, property, and the well -being of Yelm residents from military
training operations and maintaining compatibility with current and
foreseeable missions at Joint Base Lewis- McChord "). See #3 and 2015 JLUS.
RESPONSE TO JBLM COMMENT 2
Comment not related to proposed Comprehensive Plan goals or polices.
- Page 13 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 77 of 85
JBLM COMMENT 3
3. Portions of the plan, specifically the Master Planned Community land use
zone (Thurston Highlands Master Planned Community) does not appear to be in
accordance with RCW 36.70A.530 (3) - "A comprehensive plan, amendment to a
plan, a development regulation or amendment to a development regulation,
should not allow development in the vicinity of a military installation that
is incompatible with the installation's ability to carry out its mission
requirements. A city or county may find that an existing comprehensive plan
or development regulations are compatible with the installation's ability to
carry out its mission requirements." Recommend the City change the land use
along the border with JBLM to designated parks and open space land use.
This recommendation is consistent with the 2015 JLUS ( #4).
RESPONSE TO JBLM COMMENT 3
Comment 3 sites Section 36.70A.530 (3) in that a comprehensive plan, or amendment to a
comprehensive plan should not allow development in the vicinity of a military installation that
is incompatible with the installations ability to carry out its mission requirements, and
recommends we change the land use along the border of JBLM to open space.
The proposal in the EIS includes a 50 foot wide easement along the border of JBLM for
protection and possible power line relocation. Residential uses are considered conditionally
compatible in the noise contours as shown in the JLUS.
JBLM COMMENT 4
4. From 2015 JLUS (4.1.3.Site- Specific Areas of Concern, page19):
Thurston Highlands Master Planned Community The southwest portion of the
City of Yelm is currently undeveloped and abuts the heavily used Rainier
Training Area in the southwestern part of JBLM. This area is currently zoned
for a master planned community known as the Thurston Highlands (see Figure
4). The master plan includes 5,000 homes, commercial and retail space, open
space, a regional sports complex, and schools. Locating sensitive receptors
such as suburban housing areas next to military training areas may lead to
noise complaints.
- Page 14 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 78 of 85
The potential for development of the Thurston Highlands Master Planned
Community represents an encroachment threat to JBLM, given its location near
critical training land. As shown on Figures 2 and 3, Thurston Highlands has
the potential for significant housing and job growth. A portion of it is
within the C- weighted Day -Night Level (CDNL) noise zones, and is shown to
be conditionally compatible. Conceptual land use plans propose residential
uses and some higher densities in the northern portion of the site, in areas
affected by the CDNL noise contours.
A Final Environmental Impact Statement (FEIS) was published in 2008 for the
Thurston Highlands (R.W. Thorpe & Associates, Inc. 2008). The FEIS studied
potential impacts such as noise and light from military operations on
residents. It found that these could be mitigated and that no significant
unavoidable adverse impacts were identified that would affect compatibility
between the proposed master planned community and JBLM. However the Thurston
Highlands project has the potential to negatively affect training operations
due to its immediate proximity to important training land. Urban development
at the scale and intensity envisioned for Thurston Highlands has the
potential to introduce light pollution that may affect training operations
and would increase the potential for trespass or unauthorized access to
training lands.
The development has not moved forward since publication of the FEIS, due to
economic challenges posed by the recession and due to a lack of sufficient
water rights to support this level of urban growth in Yelm. This affords the
opportunity to work with the City of Yelm to review the potential impacts of
the master planned community on the military training and operations,
encourage the redesign of the community to locate sensitive uses away from
noise zones, and identify additional mitigation strategies. Potential site
design strategies include locating open space and commercial uses and
limiting residential uses in those portions of the site affected by the CDNL
Noise Zone 1.
RESPONSE TO JBLM COMMENT 4
Comment not related to proposed Comprehensive Plan goals or policies.
JBLM COMMENT S
5. The attached maps are from the final Joint Land Use Study (JLUS) and
show areas where existing land use or zoning is either compatible,
conditionally compatible, or incompatible with noise produced from JBLM
training activities. Much of the land in the city of Yelm is either
conditionally compatible (which means some mitigation, such as noise
attenuating construction should be considered) or incompatible (which
basically means the property will experience impacts from training noise
without a change in use).
- Page 15 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 79 of 85
RESPONSE TO JBLM COMMENT S
The proposed update to the Yelm Comprehensive Plan adopts both the large weapon CDNL
Noise Zones and PK15 Noise Zones and addresses the land use compatibility matrix.
It should be noted that a comprehensive plan is not a regulatory document, but rather
establishes goals and policies which regulations must be consistent. The City will be updating
development regulations subsequent to the adoption of an updated plan and at that point will
address many of the specific implementation recommendations of the Joint Land Use Study.
Likewise, the establishment of urban growth area boundaries will be a joint effort between the
City and County and is on a separate timeline from the adoption of an updated Comprehensive
Plan. The goals and policies of Yelm's plan, the updated Thurston County Comprehensive Plan
(when adopted) and the County Wide Planning Policies will all be referenced in the UGA
boundary discussion.
Specifically, the plan includes the following policies addressing noise mitigation and which will
guide future development regulations.
• Partner with JBLM to make information on the potential impacts of training operations
available to residents.
• Review community development and infrastructure proposals for interaction that could
produce compatibility challenges with training operations, including: noise, physical
infrastructure that could interfere with low -level flight operations; and sources of
electrical emissions that could interfere with military communications or navigations
systems.
• Provide notice to JBLM for review and comment on Yelm's discretionary land use
actions such as comprehensive plan amendments, rezones, development regulation
changes and land use permits.
- Page 16 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 80 of 85
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT)
COMMENTS
WSDOT INTRODUCTION
The City of Yelm solicited comments from Washington State Department of Transportation
regarding the City's updated Comprehensive Plan, a policy document that establishes goals and
policies with which development regulations, capital facilities plans, and budgets must be
consistent.
WSDOT COMMENT 1
The Level of Service (LOS) results under the Transportation Element on Pages 35
through 38 are missing. The Growth Management Act requires an inventory of state -
owned transportation facilities within the City's jurisdictional boundaries per RCW
36.70A(6)(a)(ii) and as prescribed in 47.06 and 47.80 RCW. The traffic forecasts must
be for at least 10 years to provide information on the location, timing, and capacity
needs of future growth. Most comprehensive plans typically use a 20 -year forecast to
show existing year LOS results and future horizon year LOS results that are compared
against the WSDOT Urban LOS D standard and WSDOT Rural C standard in a table
(LOS results are also typically shown on inaps).
RESPONSE TO WSDOT COMMENT 1
The adopted LOS standards are found in the Yelm Transportation Plan, which, as stated on page
1, and described in Table 7, page 26, is considered a part of this plan.
The Planning Commission added a Policy to the Transportation element to state "For planning
purposes, the City adopts the Washington State Department of Transportation Urban LOS D
standard."
WSDOT COMMENT 2
The cost estimates are missing for the Transportation Project from 2016 to 2025 in
Table 9 - 10 Year Capital Facilities Plan Summary on Page 28.
RESPONSE TO WSDOT COMMENT 2
The table with estimates has been updated.
- Page 17 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 81 of 85
WSDOT COMMENT 3
There are likely to be policies and goals in the Thurston Regional Planning Council's
2040 Regional Transportation Plan, What Moves You (Chapter 3 Goals and Policies)
-which could be incorporated into the City of Yelm's Comprehensive Plan Update,
provided the City wants to use them. The website link to the TRPCs RTP Update is
http://www.LTpe.org/698/RTP-Com-rnents
RESPONSE TO WSDOT COMMENT 3
As there are many goals and policies that would affect the City of Yelm, the Planning
Commission added a policy to the Transportation element that states "Support and participate
in the Thurston Regional Planning Council Regional Transportation Plan."
WSDOT COMMENT 4
On Page 36, Policy 2.5, consider adding after "Apply design standards" the text
"guidelines and endorsed criteria ".
On Page 36, Policy 2.6, consider in addition to the four existing bullets, adding "Non -
motorized infrastructure "; rationale — the transportation system includes bicycle,
pedestrian, and trail networks, even though it's identified elsewhere in the document,
RESPONSE TO WSDOT COMMENT 4
The Planning Commission included suggested language changes in the plan.
- Page 18 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 82 of 85
WASHINGTON STATE DEPARTMENT OF COMMERCE (COMMERCE)
COMMENTS
COMMERCE INTRODUCTION
The City of Yelm solicited comments from Washington State Department of Commerce
regarding the City's updated Comprehensive Plan, a policy document that establishes goals and
policies with which development regulations, capital facilities plans, and budgets must be
consistent. Many of the comments are for items that Commerce thought were missing from
the plan.
COMMERCE COMMENT 1
• Minimum levels of service (LOS) that the City intends to provide for all capital facilities should
be included with a forecast (six year /twenty year) of capital facility needs.
RESPONSE TO COMMERCE COMMENT 1
Levels of service and forecast of needs of each capital facility is found in their respective system
plan. Adopted level of service standards for transportation is found at Section 18.16.030 YMC.
Planning Commission added a policy to the transportation element that levels of service for
concurrency standards are found in the Yelm Transportation Plan. The Capital Facilities
element also includes a table of future capital facility needs
COMMERCE COMMENT 2
• The proposed locations and capacities of all existing and anticipated capital facilities and utilities
should be documented (either on a map or summary table) unless "homeland security" issues are
noted.
RESPONSE TO COMMERCE COMMENT 2
Existing and anticipated facilities for each capital facility is found in their respective plan
(Transportation Plan, Water System Plan, Parks Plan, Wastewater Plan, and Sewer Facilities
Plan). Goal 1 of the Capital Facilities element and its supporting policies reflect this
requirement.
COMMERCE COMMENT 3
• The plan should clearly depict what types of impact fees the City is collecting and some general
identification on where and/or how the money is to be spent (RCW 82.02.050(4)).
- Page 19 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 83 of 85
RESPONSE TO COMMERCE COMMENT 3
Section 82.02.050(4) RCW does regulate the collection of impact fees and how they may be
used. The City describes those impact fees it collects at Section 18.16.090 YMC.
COMMERCE COMMENT 4
• Current, specific existing inventories of air, water and ground transportation facilities within the
City's jurisdictional boundaries should be included or referenced in the transportation element per
RCW 36.70A(6)(a)(ii). Corresponding minimum LOS for all arterials, transit routes and highways
should also be included.
RESPONSE TO COMMERCE COMMENT 4
Inventories of air, water, and ground transportation facilities are found in the Yelm
Transportation Plan. LOS standards for concurrency are found in Chapter 18.16 YMC. A new
Transportation policy was created to adopt the Washington State Department of
Transportation Urban LOS D standard.
COMMERCE COMMENT S
• The following transportation information should also be included or referenced:
o Identifications of specific actions to bring locally owned transportation facilities to City
established minimum LOS if necessary.
o A 10 year forecast of traffic (volumes) based on land use element assumptions.
o A pedestrian and bicycle (non- motorized transportation) component.
RESPONSE TO COMMERCE COMMENT S
Actions to bring locally owned transportation facilities to established LOS are determined
during project review, based on impacts. Forecast of traffic (volumes) and the pedestrian and
bicycle component are found in the Yelm Transportation Plan.
COMMERCE COMMENT 6
• Establish a process and/or verify that proposed regulatory and /or administrative actions resulting
from the comprehensive plan will not result in an unconstitutional taking of private property
(RCW 36.70A.370.)
RESPONSE TO COMMERCE COMMENT 6
Land use Policy 1.6 speaks to property rights. The Planning Commission updated the policy to
- Page 20 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 84 of 85
provide more supportive wording.
COMMERCE COMMENT 7
• Directly reference and summarize sections of the separate transportation, water system, general
sewer and parks plans in the relevant goals and policies and /or submit these plans formally as
appendices to the comprehensive plan.
RESPONSE TO COMMERCE COMMENT 7
The separate utility and facility plans are listed in the introduction as components of the
Comprehensive Plan, and referenced in several of the goals and policies of the Capital Facilities
element, along with a table that discusses the relationship of the various plans.
COMMERCE COMMENT 8
• Goals 5 through 9 in the land use element seem to be indicative of section titles and not actionable
goals. Consider re- wording for greater clarity.
RESPONSE TO COMMERCE COMMENT 8
Land Use Goals 5 through 9 have been reworded to be actionable items.
COMMERCE COMMENT 9
• A discussion of how two recent Supreme Court decisions (Foster vs Department of Ecology —
2Q15 and J.Z. Knight vs. City of Yelm — 2Q 12) influenced your goals and policies on the
protection of the quantity and quality of groundwater used for public water supply should be
included.
RESPONSE TO COMMERCE COMMENT 9
The court cases cited by Commerce do not relate to water quantity and quality. Concurrency,
Capital facilities planning, and water quality protection are already addressed in the
Comprehensive Plan.
- Page 21 -
Agenda Item 8. a. Ordinance No. 1018, City of Yelm Comp Plan
Page 85 of 85
City of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
City of Yelm
Public Hearing
City of Yelm Comprehensive Plan
The City of Yelm has scheduled a public hearing to receive public comment on the proposed update to
the City of Yelm Comprehensive Plan as part of the Tuesday, January 10, 2017, City Council Meeting.
The meeting will take place at the Yelm Public Safety Building, 206 McKenzie Street SE, at 6:00 PM.
For additional information, please contact Tami Merriman at 360- 458 -8496. The proposed update may
be viewed at the City's web site at or by visiting the Community Development
Department at Yelm City Hall. Written comments will be received up to and at the public hearing. Written
comments may be submitted at the hearing, or may be mailed to Tami Merriman, City of Yelm, 105 Yelm
Avenue West, Yelm, WA 98597.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are
a person with a disability in need of accommodations to conduct business or to participate in government
processes or activities, please contact Lori Mossman at 360- 458 -8437 at least five working days prior to
the scheduled event.
Lori Mossman, City Clerk
PLEASE DO NOT PUBLISH BELOW THIS LINE
Published: Nisqually Valley News, Friday, December 9, 2016 and Friday, December 30, 2016
Posted Yelm City Hall
Yelm Public Safety Building
Agenda Item 8. b. Public Defender Contract
Page 1 of 10
City of Yelm
STAFF REPORT
To: Mayor JW Foster
Yelm City Council
From: Sonia Ramirez, Court Administrator
Date, December 21, 2016 (for January 10th, 2016 City Council meeting)
Subj: Contract for Public Defense Services for the Yelm Municipal Court
Recommendation
To authorize Mayor JW Foster to enter into a contract with Nathan D. Dysart in the
amount of $16,000 for public defense services in 2017 in addition to $500 per Jury Trial
and $100 per Bench Trial.
Background
Nathan D. Dysart has provided the public defense services for the Yelm Municipal Court
for 30+ years. The court is satisfied with the services provided over the years, and
desire continuity in public defense services.
Current
On December 1St, 2016, Court Administrator received Mr. Dysart's notification and intent
to continue as the Yelm Public Defender on the same terms as in 2016. (See attached).
Yelm Municipal Court recommends council to authorize Mayor JW Foster to enter into a
contract with Nathan D. Dysart for public defense services for 2017.
Agenda Item 8. b. Public Defender Contract
Page 2 of 10
EILEq
Nathan Dysart, Attorney at Law YELM MUNICIPAL COURT
1226 State Ave NE. la Lah "`N
01ymPia WA98506�a e
(3 60) 754 5823 or natkandysar"akoo.com
November 29, 2016
Yelm Muncipal Court
206 McKenzie Ave SE
Yelm WA 98597
re 2017 Public Defender contract
I will continue the Yelm Public Defender contract on the same terms as in 2016.
Agenda Item 8. b. Public Defender Contract
Page 3 of 10
City of Yelm
2017 Contract for Public Defender
This contract, executed on the date indicated below between the CITY OF YELM, hereinafter referred
to as the "CITY" and Nathan Dysart, hereinafter referred to as the "CONTRACTOR" is to secure
personal services of the CONTRACTOR to provide professional services for the Yelm Municipal
Court. By signing below the parties have agreed to the following:
1. CONTRACT REPRESENTATIVES. The addresses and principal representatives of the
parties are as followed:
CITY OF YELM
Sonia S. Ramirez
Court Administrator
206 McKenzie Ave SE
Yelm, WA 98597
360- 458 -3242
CONTRACTOR
Nathan Dysart
Attorney at Law
1226 State Ave NE
Olympia, WA 98506
360- 754 -5823
2. CITY OF YELM: The CITY is a municipal entity organized and existing pursuant to the
laws of the State of Washington. The CITY is authorized to enter into this contract through
its representatives to secure the personal services of the CONTRACTOR.
3. CONTRACTOR: The CONTRACTOR shall be a qualified Attorney at Law in good
standing with the Washington State Bar Association. The CONTRACTOR is an
independent contractor and is not an employee of the city. It is the intention and
understanding of the Parties that the CONTRACTOR
4. CONTRACTOR'S DUTIES AND RESPONSIBILITIES: The CONTRACTOR agrees
to provide the CITY with legal and professional services in support of the CITY'S
Municipal Court during the term of this contract. Legal counsel and services to be provided
by the CONTRACTOR shall include:
a. Attendance at all arraignment calendars based on the schedule determined by the Court
for the purpose of screening all defendants cited into Yelm Municipal Court for
eligibility to receive representation due to indigence.
b. Representation of all indigents at all Court proceedings after appointment such as pre-
trial conferences, motion hearings, and trials to those qualifying for indigent
representation.
c. Legal research, defendant/witness interviews, legal advisement, and preparation of legal
documents — all as necessary to ensure competent legal representation of those
determined to be indigent.
d. Comply with all applicable public records and records retention laws.
e. Other activities related to the provision of legal services to those accused of crimes by
the City of Yelm.
Agenda Item 8. b. Public Defender Contract
Page 4 of 10
5. CONFLICTS OF INTEREST: The parties recognize that from time to time the
representation of an indigent client or clients by the CONTRACTOR may, in good faith, be
determined to be a conflict of interest for the CONTRACTOR. Where a conflict of interest
exists, the legal service required to be provided under this contract and the Rules of
Professional Responsibility would be jeopardized. Therefore, the parties agree that when
such a good faith determination is made by the CONTRACTOR, he /she shall give notice to
the Court and the Court, upon finding that a conflict of interest exists, shall order alternative
counsel for the person in need of legal representation at the expense of the CITY.
6. SCHEDULE/REPORTING REQUIREMENTS: The Court and CONTRACTOR agree
to work cooperatively in the scheduling of Court activities and appearances of the
CONTRACTOR in order to enhance the efficiency of the judicial system and provide
competent legal representation for persons determined to be indigent.
The CONTRACTOR shall be assigned criminal misdemeanor and gross misdemeanor cases
not to exceed more than 300. CONTRACTOR shall report to the CITY hours of public
defense work as well as private defense work on a monthly basis. The CONTRACTOR
shall provide the Court with a quarterly certification of compliance form stating they meet
the applicable standards for indigent defense.
7. TRAINING REQUIREMENTS: The CONTRACTOR must attend at least (7) hours of
continuing legal education annually in areas relating to public defense practice. The
training session(s) must be approved by the Washington State Office of Public Defense.
Proof of training attendance shall be provided to the CITY each year.
8. TERM OF CONTRACT: The term of performance of this contract shall be the date of
execution of this agreement by both parties, and shall expire on December 31, 2017, unless
otherwise extended in writing at the option of the CITY.
9. STANDARDS: CONTRACTOR agrees that he shall be in full compliance with 14.1
standards set by the Washington State Supreme Court pertaining to Indigent Defense
Services, including but not limited to reporting hours of public defense work as well as
private defense work.
10. COMPENSATION: As compensation for the work described above the contractor shall
be paid Sixteen Thousand Dollars ($16,000.00) per year payable in equal installments at the
end of each month. Compensation for representing a defendant at a jury trial shall be in
addition to the compensation referred to in this paragraph and shall be paid at $500 per trial.
Bench trials shall be paid at a rate of $100 per trial. As an independent contractor, the
CONTRACTOR shall be solely responsible for payment of applicable federal and state
taxes. The contractor shall also be responsible for his /her own medical insurance, dental
insurance, retirement, and all other fringe benefits.
Fees and costs of investigators, interpreters and experts shall be paid by the CITY if the
Court has authorized said expenditures prior to the CONTRACTOR incurring said
obligations on behalf of a client.
Agenda Item 8. b. Public Defender Contract
Page 5 of 10
11. ASSIGNMENT OF THE CONTRACT: The CONTRACTOR will not assign, transfer,
convey, pledge or encumber this contract or right, title or interest, or his power to execute
same; or any monies due hereunder, without the consent in writing of the CITY, this
agreement being intended to secure the personal /professional services of the
CONTRACTOR.
12. TERMINATION: Either party may terminate this contract immediately for cause with
written notice to other party. Either party may terminate this contract without cause within
thirty (30) days of notice to the other party. Notice shall be in writing and shall not be
effective until received by other party, either through regular mail or hand delivery.
13. CONFIDENTIALITY: The CONTRACTOR will abide by all Federal, State, and City
requirements regarding confidentiality of client information. The CONTRACTOR further
agrees to keep strictly confidential and personal information given to him /her in fulfilling
the duties of the contract. The CONTRACTOR shall have access to an office space
provided by the municipal court that accommodates confidential meetings with clients.
14. MODIFICATIONS: No subsequent modifications or amendments of this agreement shall
be in force or effect unless signed in writing by authorized representatives of the CITY and
the CONTRACTOR made part of this agreement.
15. ENTIRE CONTRACT: This contract incorporates all the agreements, covenants and
understandings between the parties. No contract or understanding, verbal or otherwise, of
the parties regarding their responsibilities under this Agreement shall be valid or
enforceable unless embodied in this Contract or subsequent written amendments.
16. SEVERABILITY: If any terms or provisions of this Contract are held invalid, the
remaining provisions shall not be affected and shall remain in full force and effect.
Completed W9 provided with contract on , 2017.
an
CITY OF YELM CONTRACTOR
JW Foster
Mayor
Nathan D. Dysart
Public Defense Attorney
Date: Date:
Agenda Item 8. b. Public Defender Contract
Page 6 of 10
PROFESSIONAL SERVICE AGREEMENTS — Indemnification
and Insurance Requirements
Includes Attorneys, architects, engineers, accountants, and other professional services.
INDEMNIFICATION / HOLD HARMLESS
The Attorney shall defend, indemnify and hold the City /Town of Yelm its officers,
officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from the
acts, errors or omissions of the Attorney in performance of this Agreement, except for
injuries and damages caused by the sole negligence of the City/Town of Yelm
INDEPENDENT STATUS OF CONTRACTOR: The parties to this contract, in the
performance of it, will be acting in their individual capacities and not as agents,
employees, partners, joint ventures, or associates of one another. The employees or
agents of one party shall not be considered or construed to be the employees or agents
of the other party for any purpose whatsoever.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or property caused by or resulting from the concurrent negligence of the
Attorney and the City /Town of Yelm, its officers, officials, employees, and volunteers,
the Attorney's liability, including the duty and cost to defend, hereunder shall be only to
the extent of the Attorney's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Attorney's waiver of
immunity under the Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
INSURANCE
The Attorney shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Attorney , its agents,
representatives, or employees.
Agenda Item 8. b. Public Defender Contract
Page 7 of 10
NO LIMITATION. Attorney's maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the Attorney to the coverage provided by
such insurance, or otherwise limit the City /Town of Yelm's recourse to any remedy
available at law or in equity.
Agenda Item 8. b. Public Defender Contract
Page 8 of 10
MINIMUM SCOPE OF INSURANCE
The Attorney shall obtain at no cost to the city and maintain said insurance in force for
the duration of this agreement, insurance of the types described below:
1. Automobile Liability insurance covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01, or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01, or a substitute form providing equivalent liability coverage and
shall cover liability arising from premises, operations, independent contractors
and personal injury and advertising injury. The City shall be named by
endorsement as an additional insured under the Attorney's Commercial
General Liability insurance policy with respect to the work performed for the y.
City /Town of Yelm
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
4. Professional Liability insurance appropriate to the Attorney's profession.
MINIMUM AMOUNTS OF INSURANCE
Attorney shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Employer's Liability each accident $1,000,000, Employer's Liability Disease-
Agenda Item 8. b. Public Defender Contract
Page 9 of 10
each employee $1,000,000, and Employer's Liability Disease - Policy Limit
$1,000,000.
4. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability and Commercial General
Liability insurance:
1. The Attorney's insurance coverage shall be primary insurance as respect the
City /Town of Yelm, Any insurance, self- insurance, or insurance pool coverage
maintained by the City/Town of Yelm shall be excess of the Attorney's
insurance and shall not contribute with it.
2. The City /Town of Yelm will not waive its right to subrogation against the
Attorney. The Attorney's insurance shall be endorsed acknowledging that the
City /Town of Yelm will not waive their right to subrogation. The Attorney's
insurance shall be endorse to waive the right of subrogation against the
City /Town of Yelm, or any self- insurance, or insurance pool coverage
maintained by the City /Town of Yelm.
3. The Attorney's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City /Town of
Yelm.
4. If any coverage is written on a "claims made" basis, then a minimum of a three
(3) year extended reporting period shall be included with the claims made
policy, and proof of this extended reporting period provided to the City /Town of
Yelm
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII, licensed to conduct business in the State of Washington.
Agenda Item 8. b. Public Defender Contract
Page 10 of 10
VERIFICATION OF COVERAGE
The Attorney shall furnish the City /Town of Yelm with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Attorney before
commencement of the work.
To: Mayor JW Foster
Agenda Item 8. c. Jury Trial Services Contract
Page 1 of 7
City of Yelm
STAFF REPORT
Yelm City Council
From Sonia Ramirez, Court Administrator
Date: January 4, 2017 (for January 10th, 2017 City Council meeting)
Subj: Interlocal Agreement with Thurston County District Court and the City of Yelm
Municipal Court for Jury Trial Fees (January 1, 2017 — December 31, 2019).
Recommendation
Authorize Mayor JW Foster to sign and enter into the Interlocal Agreement with
Thurston County District Court for fees to be paid by the City of Yelm related to jury trial
costs for the period January 1, 2017 — December 31, 2019.
Background
Historically, the City of Yelm Municipal Court has had an Interlocal Agreement with
Thurston County District Court for costs associated with them conducting jury trials on
Yelm cases. These fees include the Confirmed Jury Selection Fee and the Jury Trial
Daily Fee. The Confirmed Jury Selection Fee is a fee paid the City of Yelm to cover the
cost of summoning a jury and shall be applicable to each case wherein a jury trial is
confirmed by the City of Yelm at the Confirmation Hearing. The Jury Trial Daily Fee is a
fee paid by the City of Yelm for each case which is terminated or otherwise concluded
after the actual commencement of a jury trial. A jury trial is deemed commenced when
the jury is impaneled. The most recent agreement expired December 31, 2015. ** No
contract was drafted and /or signed for 2016 Yelm Jury Trial Services — Thurston County
was in the process of replacing the Court Administrator **
Current Situation
FEE COMPARISON:
SERVICE
2013 RATE
2017 RATE
CHANGE
Jury Trial Daily Fee
$256
$379
$123
Confirmed Jury Selection Fee
$76
$138
$62
Agenda Item 8. c. Jury Trial Services Contract
Page 2 of 7
The fees set forth above are for the duration of the Agreement, until or unless the fees
are adjusted for inflation. Fees shall be increased effectively each January 1St for
inflation based on June to June Seattle CPI -W Index. However, the annual increase
shall not be greater than 5 %.
JURY TRIAL STATS:
2013-0
2014-1
2015-2
2016-0
Attachments:
"Proposed Interlocal Agreement
Agenda Item 8. c. Jury Trial Services Contract
Page 3 of 7
INTERLOCAL AGREEMENT ESTABLISHING
DISTRICT COURT FILING AND JURY TRIAL FEES
FOR THE CITY OF YELM
THIS AGREEMENT, made and entered into by and between the COUNTY OF
THURSTON, hereinafter referred to as COUNTY, and the CITY OF YELM, hereinafter
referred to as CITY;
WHEREAS, filing fees for Jury Trials are to be determined pursuant to an
agreement between the CITY and the COUNTY as provided for in Chapter 39.34 RCW,
the Interlocal Cooperation Act; and
WHEREAS, the COUNTY and the CITY are desirous of establishing filing fees at
a mutually acceptable rate.
NOW, THEREFORE, in consideration of the terms, covenants, and performance,
contained herein, the parties hereto agree as follows:
1. GENERAL
1.1 Purpose
The purpose of this Agreement is to establish filing fees to be paid by the
CITY in criminal or traffic infractions filed in Thurston County District Court for
CITY ordinance violations.
The administration of the terms of this Agreement shall be done in the
same manner and by the same agency and agents as now administer filing fees
in Thurston County District Court.
1.3 Property
This Agreement does not provide for the acquisition, holding or disposal of
real or personal property.
1.4 Financing
There shall be no financing or any joint or cooperative undertaking
pursuant to this Agreement. There shall be no budget maintained for any joint or
cooperative undertaking pursuant to this Agreement.
Agenda Item 8. c. Jury Trial Services Contract
Page 4 of 7
2. FILING FEES
2.1 Jury Trial Fees
A fee shall be paid by the CITY to the COUNTY to cover the cost of
summoning a jury. This fee is called the Jury Trial Confirmation Selection Fee
and shall be applicable to each case wherein a jury trial is confirmed by the CITY
at the confirmation hearing. This fee shall be $138.00 in 2017.
An additional fee called the Jury Trial Daily Fee of $379.00 per day or
partial day of trial shall be paid by the CITY to the COUNTY for each case which
is terminated or otherwise concluded after the actual commencement of a jury
trial.
For the purposes of this Agreement, a jury trial is deemed commenced
when the jury is impaneled.
For the purposes of this Agreement, "case" shall include a charge filed
against a named individual or multiple charges filed against an individual, which
are consolidated for the purposes of trial.
2.2 Adjustments for Inflation
The fees set forth above are for the duration of this Agreement, until or
unless the fees are adjusted for inflation as set forth herein. Pursuant to Section
3.2 herein, these shall be increased effectively each January 1 st for inflation
based on the previous year's June to June Seattle CPI -W index. However, the
annual increase shall not be greater than five percent (5 %). (For example, a rate
increase effective January 1, 2016 will be based on June 2014 to June 2015
Seattle CPA -W index)
2.3 Other Costs
The fees set forth in Section 2.1 of this Agreement shall include all
COUNTY services for District Court proceedings except for the following
additional costs to be paid by the CITY:
a. Attorney costs for indigent representation which costs shall be paid
directly by the CITY through a contract for such services;
b. Witness costs, juror costs, including meals as required, together with
the applicable mileage allowance, mental health evaluation costs and
Agenda Item 8. c. Jury Trial Services Contract
Page 5 of 7
the cost of interpreter service which costs and allowance(s) shall be
paid directly by the CITY;
c. Prosecution costs including prosecution costs associated with any
appeal in CITY cases;
3. TERM AND EXTENSION
3.1 Term
This Agreement shall be in effect upon the later of the approval by the
governing body of each party, and the posting upon the websites of the parties
as provided by RCW 39.34.040. The term of the Agreement shall be from
January 1, 2017 to and including December 31, 2019.
3.2 Extension
The CITY may determine to extend the contractual relationship with the
COUNTY after expiration of the term by giving notice to the COUNTY of such
intent no later than October 1, 2019. After the delivery of such notice, both
parties shall negotiate in good faith regarding the terms of a new agreement. If
the parties are unable to agree to the terms of a new agreement, either party
may submit the matter to arbitration pursuant to RCW 3.62.070. In the event the
issue of filing fees is submitted to arbitration, the arbitrator or arbitrators shall
only consider those additional costs borne by the COUNTY in providing District
Court services to the CITY as provided for by RCW 3.62.070. However, nothing
contained herein shall prohibit the parties from mutually agreeing to extend the
period of good faith negotiations or to submit the matter to mediation for
resolution of the outstanding issues.
4. CHANGES
Either party may request changes to the scope of services and
performance to be provided hereunder, however, no change or addition shall be
made unless in writing and signed by both parties. Such amendments shall be
attached to and made part of this Agreement.
5. NOTICE
Agenda Item 8. c. Jury Trial Services Contract
Page 6 of 7
Notice provided for in this Agreement shall be sent by U.S. mail to the
addresses designated for the parties as set forth below. Notice will be deemed
received on the third business day following the date of the notice.
6. JURISDICTION AND VENUE
This Agreement has been and shall be construed as having been made
and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington, both as to interpretation and performance.
Any action of law, suit in equity, or judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in
any of the courts of competent jurisdiction in Thurston County, Washington.
7. SEVERABILITY
If, for any reason, any part, term or provision of his Agreement is held by a
court of the United States be illegal, void or unenforceable, the validity of the
remaining provisions shall be construed and enforced as if the Agreement did not
contain the particular provision held to be invalid.
8. ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of the
terms hereto and any oral representations or understandings not incorporated
herein. Further, any modification of this Agreement shall be in writing and signed
by both parties. Failure to comply with any of the provisions stated herein shall
constitute material breach of contract and cause for termination. Both parties
recognize time is of the essence in the performance of the provisions of this
Agreement. It is also agreed by the parties that the forgiveness of the non-
performance of any provision of this Agreement does not constitute a waiver of
the provisions of this Agreement.
Agenda Item 8. c. Jury Trial Services Contract
Page 7 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
day of , 2017.
CITY OF YELM
Bv:
JW Foster, Mayor
ATTEST:
Lori Mossman, City Clerk
APPROVED AS TO FORM:
JON TUNHEIM
PROSECUTING ATTORNEY
Elizabeth Petrich,
Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM:
la
Brent Dille, City Attorney
THURSTON COUNTY, WASHINGTON
By:
Ramiro Chavez, Interim County Manager
ATTEST:
LaBonita Bowmar, Clerk of the Board
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 1 of 31
To: Mayor JW Foster
Yelm City Council
City of Yelm
STAFF REPORT
From: Noah Crocker, Finance Director
Date: January 4th, 2017 (for January 10th, 2017 City Council Meeting)
Subj: 2017 City of Yelm LOCAL Program Financing Documents —
• Reimbursement Resolution No. 572
• Ordinance No. 1017
Recommendation
To adopt Reimbursement Resolution No. 572 and Ordinance No. 1017 to finance the
acquisition of 2 patrol vehicles for the Police Department.
Background
The City of Yelm is in need of additional police vehicles to adequately support the police
officers and to replace aging vehicles and equipment. The city has purchased one patrol
vehicle in the past 4 years. Prior to 2009 the department utilized a leasing option to
lease 2 vehicles every year. This leasing plan allowed the vehicles to fall in a rotation
that kept the vehicles safe for patrol related work and the equipment to remain current
and efficient. Beginning with the leasing of two vehicles in 2017 we have the opportunity
to get back on track and provide appropriate vehicles and equipment to our officers.
Current Situation
The City of Yelm Council and Mayor have directed staff to acquire two police vehicles in
2017. The City has order two police vehicles and equipment in the amount of $99,000 +.
In order to pay for the vehicles the City of Yelm will participate in a financing program.
Mayor Foster and staff have identified a financing vehicle through the Office of the State
Treasurer. The Lease Option Capital Asset Lending (LOCAL) program offered through
the State Treasurer's office provides a low cost financing option for the acquisition of
these vehicles. The LOCAL Program is a pooling program where the City of Yelm will
be one participant in a larger State of Washington COP Offering. The program offers
low cost of issuance, competitive market interest rates, and efficiencies through pooling.
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 2 of 31
CITY OF YELM
RESOLUTION NO. 572
FORM OF REIMBURSEMENT RESOLUTION
Section 1. The City of Yelm (the "Local Agency ") reasonably expects to
reimburse the expenditures described herein with the proceeds of a financing
contract to be entered into by the Local Agency (the "Reimbursement
Obligation ").
Section 2. The expenditures with respect to which the Local Agency
reasonably expects to be reimbursed from the proceeds of Reimbursement
Obligations are for 2017 Police Vehicles and Equipment.
Section 3. The expenditures with respect to which the Local Agency
reasonably expects to be reimbursed from the proceeds of Reimbursement
Obligations will be made from the General Fund.
Section 4. The maximum principal amount of Reimbursement Obligations
expected to be issued for the property described in Section 2 is $99,000.
APPROVED this 10th day of January, 2017.
JW Foster, Mayor
ATTEST:
Lori Mossman, City Clerk
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 3 of 31
Certificate of Authorizing Ordinance
I, the undersigned, Clerk of the City of Yelm (the "Local Agency "), DO HEREBY CERTIFY:
1. That the attached Ordinance No. 1017 (herein called the "Ordinance ") is a true and correct copy of a
Ordinance of the Local Agency adopted /passed at a regular meeting of the City Council held on the 10th day of
January, 2017 and duly recorded in my office;
2. That said meeting was duly convened and held in all respects in accordance with law; and to the
extent required by law, due and proper notice of such meeting was given; that a quorum of the was
present throughout the meeting and a legally sufficient number of members of the voted in the proper
manner for the adoption/passage of the Ordinance;
3. That all other requirements and proceedings incident to the proper adoption/passage of the
Resolution/Ordinance have been duly fulfilled, carried out and otherwise observed;
4. That the Ordinance remains in full force and effect and has not been amended, repealed or
superseded; and
5. That I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand as of this _ _ day of _ _, 20
[SEAL]
Lori Mossman, City Clerk
City of Yelm
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 4 of 31
Form of Authorizing Ordinance
Ordinance No. 1017
Authorization for the acquisition of personal property and execution of
a financing contract and related documentation relating to the
acquisition of said PERSONAL PROPERTY.
WHEREAS, the City of Yelm (the "Local Agency ") has executed a Notice of Intent to the Office of State
Treasurer, in the form of Exhibit A (the "NOI") to the form of Local Agency Financing Contract attached hereto (the
"Local Agency Financing Contract "), in relation to the acquisition of and the financing of the acquisition of the
Property, as defined below, under the provisions of RCW ch 39.94; and
WHEREAS, it is deemed necessary and advisable by the City of Yelm of the Local Agency that the Local
Agency acquire the equipment and /or personal property identified in the NOI (the "Property "); and
WHEREAS, it is deemed necessary and advisable by the City of Yelm of the Local Agency that the Local
Agency enter into the Local Agency Financing Contract with the Office of the State Treasurer in an amount not to
exceed $99,00, plus related financing costs, in order to acquire the Property and finance the acquisition of the
Property;
WHEREAS, the Local Agency will undertake to acquire the Property on behalf of and as agent of the
Washington Finance Officers Association (the "Corporation ") pursuant to the terms of the Local Agency Financing
Contract, and in accordance with all applicable purchasing statutes and regulations applicable to the Local Agency;
and
WHEREAS, the Local Agency desires to appoint the individuals set forth in Exhibit C to the form of Local
Agency Financing Contract as the representatives of the Local Agency in connection with the acquisition of the
Property and execution of the Local Agency Financing Contract (each an "Authorized Agency Representative ");
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Yelm as follows:
Section 1. The individuals holding the offices or positions set forth in Exhibit C to the form of Local
Agency Financing Contract are each hereby appointed as a representative of the Local Agency in connection with the
acquisition of the Property and execution of the Local Agency Financing Contract and all other related documents. A
minimum of 2 Authorized Agency Representatives shall be required to execute any one document in order for it to
be considered duly executed on behalf of the Local Agency.
Section 2. The form of the Local Agency Financing Contract attached hereto is hereby approved and the
Authorized Agency Representatives are hereby authorized and directed to execute and deliver the Local Agency
Financing Contract, in an amount not to exceed $99,000, plus related financing costs, and in substantially the form
attached hereto with such changes as may be approved by the Authorized Representatives, for the acquisition of the
Property and financing of the acquisition of the Property.
Section 3. The Local Agency hereby authorizes the acquisition of the Property as agent of the Corporation
in accordance with the terms and provisions of the Local Agency Financing Contract.
Section 4. The Authorized Representatives are hereby authorized to execute and deliver to the Office of
State Treasurer all other documents, agreements and certificates, and to take all other action, which they deem
necessary or appropriate in connection with the financing of the Property, including, but not limited to, any
amendment to the NOI and agreements relating to initial and ongoing disclosure in connection with the offering of
securities related to the financing.
Section 5. This ordinance shall become effective five days after the date of publication.
PASSED by the Council of the City of Yelm, at a regular meeting thereof held this 10th day of January,
2017.
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 5 of 31
APPROVED:
Tracey Wood, Mayor Pro -Tem
Attest:
Lori Mossman, City Clerk
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Notice of Intent Page 6 of 31
State of Washington LOCAL (Local Option Capital Asset Lending)
Local Government Information
County: Thurston
Legal Name: City of YeIm
Contact Person: Noah Crocker
Address: 105 W YeIm
Phone: (360) 458 -8403
Fax: _360 -458 -4348_
Would you prefer to receive financing documents (check one):
® by e -mail
Property (Real Estate or Equipment)
MCAG No.: _0762
Title: Finance Director
Zip: _98597_
E -mail: NoahC @CI.YELM.WA.US
❑ Hard copy by U.S. mail
Property description (include quantity, if appIicable): 2 2017 Ford Police Interceptor and Eq
Total cost: $ I00,000 Maximum amount to finance: $ 100,000_
Finance term; _ Useful life: 5 Desired financing date:
Purpose of property (PIease be specific and include dept. of use): _Patrol Cars_
If real estate, the Real Estate Worksheet: ❑ Is attached ❑ WiIl be provided by (date)
If equipment, will the property purchase price be paid with: ❑ program proceeds or ® generaI funds to be reimbursed
from program proceeds? If general funds are to be used, include a copy of the Iocal agency's reimbursement resolution with
the financing documents.
Security Pledge
❑ Voted generaI obligation of local government. Z Non -voted generaI obligation of local government
Other Information
Approximate population: _8,480_ (not required for cities and counties).
If any of the following apply, please provide a complete discussion on a separate page:
® Yes ❑ No Does the Iocal government use registered warrants, interfund loans or other cash flow borrowing?
❑ Yes ® No Is the Iocal government a party to significant litigation?
® Yes ® No Is this a reimbursement? If yes, date funds spent
Has local government received a bond rating in the last two years? ❑ Yes ® No Bond rating(s): _ _
(attach rating agency letter)
By executing this Notice of Intent, the Iocal agency acknowledges, agrees to and accepts its designation and appointment as the agent of
the nominal lessor in connection with the acquisition of the project. By executing this Notice of Intent, the local agency further
acknowledges and agrees that certificate counsel and any other special counsel to the state in connection with the authorization, issuance
and delivery of the certificates and the related financing documents shall not be acting, and shalI not be deemed to act, as counsel to the
local agency, nor shall any attorney - client relationship exist or be deemed to exist between such counsel and any participating local agency
in connection with such matters.
Submitted by: Noah,,,,Crockerww_ _ � ............. _ Title: Finance Director
Signature :_ .... .... ...._... .._.__- .... .............. Date: _12 -9 -2016_
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 7 of 31
Attachment
Form Of Local Agency Financing Contract
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 8 of 31
LOCAL AGENCY FINANCING CONTRACT, SERIES 414
(Personal Property)
by and between the
STATE OF WASHINGTON
and
[AGENCY NAME],
a [Agency Type]
( "Local Agency ")
Relating to
State of Washington
Certificates of Participation, Series 414
Dated as of 1 20
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 9 of 31
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS; CONSTRUCTION; MISCELLANEOUS PROVISIONS;
SUPPLEMENTS...................................................................... ...............................
2
Section 1.1
Definitions, Construction, Miscellaneous Provisions, Supplements ..........
2
Section 1.2
Notice of Intent, Personal Property Certificate and Certificate
Designating Authorized Local Agency Representative ..............................
2
Section 1.3
Performance by Representatives .................................. ...............................
2
Section 1.4
Installment Sale and Purchase of Property .................. ...............................
2
Section 1.5
Agency Installment Payments ...................................... ...............................
2
Section1.6
Term ............................................................................. ...............................
3
ARTICLE II SALE AND PURCHASE OF PROPERTY ............................... ...............................
3
Section 2.1
Local Agency Financing Contract Consolidated with Master
FinancingContract ....................................................... ...............................
3
Section 2.2
Appointment as Agent; Acquisition of Property; Revision and
Substitution of Property ............................................... ...............................
3
Section 2.3
Title to the Property ..................................................... ...............................
4
Section 2.4
Security Interests .......................................................... ...............................
5
Section 2.5
Disclaimer of Warranties ............................................. ...............................
5
ARTICLE III AGENCY INSTALLMENT PAYMENTS; CONDITIONAL PAYMENT
BY STATE;
FULL FAITH AND CREDIT OBLIGATION ... ...............................
6
Section 3.1
Agency Installment Payments ...................................... ...............................
6
Section 3.2
Sources of Payment of Agency Installment Payments ...............................
6
Section3.3
No Set - Off .................................................................... ...............................
7
Section 3.4
Assignments by the Corporation .................................. ...............................
7
ARTICLE IV OPTIONAL PREPAYMENT OF AGENCY INSTALLMENT
PAYMENTS............................................................................ ...............................
8
Section 4.1
Optional Prepayment ................................................... ...............................
8
Section 4.2
Revision of Agency Installment Payments upon Optional
Prepayment.................................................................. ...............................
8
Section 4.3
Discharge of Local Agency Financing Contract .......... ...............................
8
ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS....................................................................... ...............................
9
Section 5.1
Representations and Warranties of the Local Agency . ...............................
9
Section 5.2
Covenants and Agreements of the Local Agency ...... ...............................
10
ARTICLE VI EVENTS OF DEFAULT; REMEDIES .................................. ...............................
14
Section 6.1
Agency Event of Default ........................................... ...............................
14
Section 6.2
Rights of State Upon Agency Event of Default ......... ...............................
15
Section 6.3
No Remedy Exclusive; Non - Waiver ......................... ...............................
15
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 10 of 31
ARTICLE VII MISCELLANEOUS PROVISIONS ..................................... ...............................
16
Section 7.1 Indemnification of State and the Corporation ............ ...............................
16
Section 7.2 Third Party Beneficiaries ........................................... ...............................
16
Section 7.3 Notices to Agency ...................................................... ...............................
17
Exhibit A — Notice of Intent
Exhibit B — Personal Property Certificate
Exhibit C — Certificate Designating Authorized Agency Representatives
Exhibit D — Schedule of Agency Installment Payments
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 11 of 31
LOCAL AGENCY FINANCING CONTRACT, SERIES #1#
(Personal Property)
This Local Agency Financing Contract, Series 414 (the "Local Agency Financing
Contract "), is entered into by and between the state of Washington (the "State "), acting by and
through the State Treasurer (the "State Treasurer "), and [Agency Name], a [Agency Type] of
the State (the "Local Agency ").
RECITALS
The Parties are entering into this Local Agency Financing Contract based upon the
following facts and expectations:
1. Chapter 39.94 RCW (the "Act ") authorizes the State to enter into financing contracts
for itself, including for state agencies, departments or instrumentalities, the state board for
community and technical colleges, and any state institution of higher education (defined in
Appendix 1 as "State Agencies "), for the use and purchase of real and personal property by the
State; and
2. the Act also authorizes the State to enter into financing contracts on behalf of certain
"other agencies" (defined in Appendix 1 as "Local Agencies "), including the Local Agency, for
the use and acquisition for public purposes of real and personal property by such Local
Agencies; and
3. the Act authorizes the State Finance Committee to consolidate existing or potential
financing contracts into master financing contracts with respect to property acquired by one or
more State Agencies or Local Agencies (together, "Agencies "); and
4. Chapter 43.33 RCW provides that the State Treasurer shall act as chair of the State
Finance Committee and provide administrative assistance for the State Finance Committee, and
the State Treasurer on behalf of the State Finance Committee has established a consolidated
program for the execution and delivery of certificates of participation in master financing
contracts in series from time to time in order to provide financing or refinancing for the costs of
acquisition of such real and personal property by Agencies; and
5. the State Finance Committee has approved the form of this Local Agency Financing
Contract by Resolution No. adopted on , 20; and
6. simultaneously with the execution and delivery of this Local Agency Financing
Contract, the State is entering into a Master Financing Contract, Series 414 , dated as of the
Dated Date (the "Master Financing Contract ") with the Washington Finance Officers
Association (the "Corporation "), a Washington nonprofit corporation, to provide financing for
the costs of acquisition of certain items of personal property by certain State Agencies and Local
Agencies, including the Local Agency, under the terms set forth therein; and
7. the Local Agency has determined that it is necessary and desirable to enter into this
Local Agency Financing Contract, in conjunction with the State's entry into the Master
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 12 of 31
Financing Contract, to obtain financing or refinancing for the costs of acquisition of certain items
of personal property described in Exhibit B (the "Property "), by the Local Agency;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein and for other valuable consideration, the Parties hereto mutually agree as follows:
ARTICLE I
DEFINITIONS; CONSTRUCTION; MISCELLANEOUS PROVISIONS; SUPPLEMENTS
Section 1.1 Definitions, Construction, Miscellaneous Provisions, Supplements.
Appendix 1 is incorporated as part of this Local Agency Financing Contract by this reference.
Appendix 1 provides (i) definitions for the capitalized terms used and not otherwise defined in
this Local Agency Financing Contract; (ii) certain rules for interpreting this Local Agency
Financing Contract; (iii) miscellaneous technical provisions that apply to this Local Agency
Financing Contract; and (iv) rules on how this Local Agency Financing Contract may be
amended or supplemented.
Section 1.2 Notice of Intent, Personal Property Certificate and Certificate Designating
Authorized Local Agency Representative. Exhibits A, B, C and D to this Local Agency
Financing Contract are incorporated as part of this Local Agency Financing Contract by this
reference. The Local Agency has delivered a Notice of Intent to the State Treasurer in the form
of Exhibit A. In order to evidence its acceptance of the Property financed and acquired pursuant
hereto, the Local Agency has executed and delivered, or will execute and deliver within 60 days
from the Dated Date to the State Treasurer, a Personal Property Certificate in the form of
Exhibit B. The Local Agency has delivered a Certificate Designating Authorized Agency
Representatives to the State Treasurer in the form of Exhibit C. That Certificate is currently in
force and has not been amended, withdrawn or superseded, and the signatures shown thereon are
true and correct originals of the signatures of the persons who hold the titles shown opposite their
names. The signature of any one of the individuals shown on that Certificate is sufficient to bind
the Local Agency under this Local Agency Financing Contract with respect to any of the
undertakings contemplated herein.
Section 1.3 Performance by Representatives. Any authority granted or duty imposed
upon the State hereunder may be undertaken and performed by the State Treasurer or the
Treasurer Representative. Any authority or duty imposed upon the Local Agency hereunder may
be undertaken and performed by the Authorized Agency Representative.
Section 1.4 Installment Sale and Purchase of Property. The State agrees to sell to the
Local Agency, and the Local Agency agrees to purchase from the State, all of the State's right,
title and interest in and to the Property and all proceeds and profits from the Property, subject to
the security interest granted pursuant to Section 2.4.
Section 1.5 Agency Installment Pam. In consideration of the sale of the Property
and the covenants and agreements of the State in this Local Agency Financing Contract, the
Local Agency promises to pay to the State the following amounts at the following times: (a) On
each Agency Installment Payment Date, the Agency Installment Payment set forth in Exhibit D,
consisting of an Agency Principal Component and /or an Agency Interest Component as set forth
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 13 of 31
in Exhibit D; and (b) all Additional Costs incurred by the State in connection with the sale of the
Property to the Local Agency, the execution and delivery of the Certificates, and the observance
and performance of the Series 414 Agreements, within 30 days following receipt of an invoice
from the State that includes (i) a brief description of each Additional Cost, (ii) the party to whom
payment is due, (iii) the amount thereof, and (iv) such additional information as the Local
Agency may reasonably request.
Section 1.6 Term. The term of this Local Agency Financing Contract shall commence
on the Dated Date and shall terminate on the date on which all amounts due hereunder shall have
been paid or the payment thereof duly provided for pursuant to Section 4.3 hereof.
ARTICLE 11
SALE AND PURCHASE OF PROPERTY
Section 2.1 Local Agency Financing Contract Consolidated with Master Financing
Contract. The Local Agency acknowledges that the State Treasurer, acting on behalf of the State
Finance Committee, has consolidated this Local Agency Financing Contract with the Master
Financing Contract pursuant to RCW 39.94.030(1)(a).
Section 2.2 Appointment as Agent, Acquisition of Property; Revision and Substitution
of Property.
(a) Appointment as Agent. The Local Agency accepts its appointment in the Master
Financing Contract as agent of the Corporation in connection with the acquisition of the
Property, and acknowledges that such appointment is irrevocable and shall not be terminated by
any act of the Local Agency, the State Treasurer or otherwise.
(b) Acquisition of Property. The Local Agency agrees that (i) it has caused or will
cause the Property to be acquired, as agent for the Corporation, with all reasonable dispatch;
(ii) it will negotiate or call for bids for the purchase of the Property in accordance with the
requirements and limitations, if any, imposed by State or local law with respect to the purchase
of such Property by such Local Agency; (iii) it will make, execute, acknowledge and deliver any
contracts, agreements, orders, receipts, documents, writings or instructions with or to any Person
and do all other things that may be necessary or desirable to acquire the Property; and (iv) it will
pay or cause to be paid the Costs of Acquisition of the Property from funds available to it
pursuant to this Local Agency Financing Contract and the Master Financing Contract. The Local
Agency shall file requisitions with the State Treasurer for the Acquisition Costs of the Property
or reimbursement therefor in such form as the State Treasurer shall reasonably require. Neither
the Corporation nor the State shall have any responsibility, liability or obligation with respect to
the selection or procurement of any of the Property.
(c) Revision and Substitution of Property. The Local Agency, with the prior written
consent of the State Treasurer, may revise any item of Property to be financed or refinanced and
acquired pursuant hereto, or the description thereof, provided, that (i) such item of Property as so
revised shall satisfy the requirements under this Local Agency Financing Contract and the
Master Financing Contract with respect to the substitution of Property previously acquired;
(ii) the Costs of Acquisition of such item of Property shall not be materially reduced thereby; and
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 14 of 31
(iii) any such revision shall not relieve the Local Agency of its obligation to acquire the Property
in accordance herewith and with the Master Financing Contract.
After acquisition of an item of Property, the Local Agency, with the prior written consent
of the State Treasurer as agent for the Corporation, may substitute for an item of Property
acquired pursuant to this Local Agency Financing Contract other personal property by filing with
the State Treasurer a certificate of the Local Agency stating that such substitute Property (i) has a
remaining useful life equal to or greater than the Property for which it is being substituted;
(ii) has a fair market value equal to or greater than the fair market value of the item of Property
for which it is being substituted; (iii) is free and clear of all liens and encumbrances except a first
priority security interest in favor of the Corporation under the Master Financing Contract; (iv) is
essential to the Local Agency's ability to carry out its governmental functions and
responsibilities; and (v) is expected to be used by such Local Agency for the term of this Local
Agency Financing Contract. The State Treasurer's consent to any such substitution as agent for
the Corporation will be conditioned upon receipt by the State Treasurer of an Opinion of Counsel
to the effect that such substitution will not cause interest evidenced and represented by the
Certificates to be includable in gross income for federal income tax purposes under the Code.
The State Treasurer also may require the Local Agency to reimburse the State Treasurer for all
costs incurred, if any, to obtain such Opinion of Counsel.
(d) Payment for Property if Acquisition Fund Not Sufficient. If money in the
Acquisition Fund allocable to the Local Agency is not sufficient to pay the Acquisition Costs of
the Property in full, the Local Agency shall cause the Acquisition Costs of such Property in
excess of the allocable amount in the Acquisition Fund to be paid from other money of such
Local Agency. Neither the Corporation nor the State Treasurer as agent for the Corporation for
the disbursement of funds from the Acquisition Fund makes any representation or warranty,
either express or implied, that the money which will be deposited into the Acquisition Fund
allocable to the Local Agency will be sufficient to pay the Acquisition Costs of the Property.
Neither the Corporation nor the State Treasurer as agent for the Corporation for the disbursement
of funds from the Acquisition Fund shall have any obligation or liability for the payment of the
Acquisition Costs of the Property other than from the proceeds of the Certificates and any other
amounts that may be provided by the Local Agency. If the Local Agency shall pay or cause the
payment of any Acquisition Costs in excess of the allocable amounts in the Acquisition Fund
available for such purpose from other funds, the Local Agency shall not be entitled to any
reimbursement from the Corporation or the State Treasurer as agent for the Corporation for the
disbursement of funds from the Acquisition Fund for such payments, nor shall the Local Agency
be entitled to any diminution, reduction, abatement, postponement, counterclaim, defense or set-
off of the Agency Installment Payments, Additional Costs or other amounts otherwise required to
be paid hereunder.
Section 2.3 Title to the Property. All right, title and interest in and to the Property
shall transfer to and be vested in the Local Agency from the State without any further action by
the Local Agency or the State immediately upon the acquisition thereof by the Local Agency as
agent for the Corporation or reimbursement to the Local Agency for the Acquisition Costs
thereof, provided, that the State and the Local Agency shall take such action and execute such
documents (including without limitation bills of sale and other title documents) as may be
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
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deemed necessary or desirable by the State or the Local Agency to evidence and confirm such
transfer of title pursuant to this Local Agency Financing Contract.
The State assigns to the Local Agency during the term hereof, for so long as no Agency
Event of Default, Event of Default or other event permitting termination of this Local Agency
Financing Contract has occurred and is continuing hereunder, all representations, warranties and
guaranties, if any, express or implied, with respect to the Property from the manufacturers,
suppliers and vendors thereof, subject, however, to a reservation by the State and the Corporation
of a right to independently enforce such warranties and guaranties.
Title to any and all additions, modifications, improvements, repairs or replacements to
the Property shall be vested in the Local Agency, subject to the security interest of the
Corporation until payment of all amounts due and owing with respect to such Property under this
Local Agency Financing Contract.
Any Property constituting a motor vehicle subject to registration with the State
Department of Licensing shall be registered with the Local Agency as the registered and legal
owner thereof.
Section 2.4 Security Interests.
(a) State Security Interest. In order to secure the payment and performance by the
State of its obligations under the Master Financing Contract, the State has granted to the
Corporation a lien on and security interest in all right, title and interest of the State, whether now
owned or hereafter acquired, in and to the Property and this Local Agency Financing Contract,
including without limitation the Agency Installment Payments and all proceeds thereof. The
Local Agency agrees to such grant and that its right, title and interest in and to the Property is
subject to such first priority lien and security interest.
(b) Local Agency Security Interest. In order to secure the payment and performance
by the Local Agency of its obligations under this Local Agency Financing Contract, the Local
Agency grants to the Corporation a lien on and security interest in all right, title and interest of
the Local Agency, whether now owned or hereafter acquired, in and to the Property.
Accordingly, this Local Agency Financing Contract constitutes a security agreement. The Local
Agency acknowledges and agrees that each provision of this Local Agency Financing Contract is
also a provision of the security agreement.
If required by the Corporation, the Local Agency will execute and deliver to the Trustee
such security agreements, financing statements and /or other instruments covering the Property
and all accessions thereto.
Section 2.5 Disclaimer of Warranties. The Local Agency acknowledges and agrees
that the Property is of a nature, size, design and capacity selected by the Local Agency pursuant
to its own specifications, and not by the State or the Corporation, and that neither the State nor
the Corporation is a manufacturer, supplier or a vendor of such Property.
The Corporation makes no warranty or representation, either express or implied, and
assumes no responsibility, liability or obligation, as to the value, design, condition,
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
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merchantability or fitness for a particular purpose or fitness for use of the Property, or as to the
title thereto, or for the enforcement of the manufacturers', suppliers' or vendors' representations
or warranties or guaranties, or any other representation or warranty with respect to the Property.
In no event shall the Corporation be liable or responsible for any incidental, indirect, special or
consequential damages in connection with or arising out of this Local Agency Financing
Contract or the use by the Local Agency of the Property.
ARTICLE III
AGENCY INSTALLMENT PAYMENTS; CONDITIONAL PAYMENT BY STATE;
FULL FAITH AND CREDIT OBLIGATION
Section 3.1 Agency Installment Payments. Each Agency Installment Payment shall
consist of an Agency Principal Component and /or an Agency Interest Component as set forth in
Exhibit D to this Local Agency Financing Contract. Interest shall accrue and be calculated as
determined by the State Treasurer, which determination shall be binding and conclusive against
the Local Agency absent manifest error. Each Agency Installment Payment shall be paid to or
upon the order of the State Treasurer by electronic funds transfer (or by other means acceptable
to the State Treasurer) in lawful money of the United States of America at such place as the State
Treasurer shall direct in writing not less than 10 Business Days prior to the Agency Installment
Payment Date. Payments of Additional Costs shall be made to or upon the order of the State
Treasurer. Each Agency Installment Payment shall be applied first to the Agency Interest
Component, and then to the Agency Principal Component.
Section 3.2 Sources of Payment of A gency Installment Payments.
(a) Local Agency Financing Contract. The Local Agency acknowledges and agrees
that the State is acquiring the Property from the Corporation for and on behalf of the Local
Agency. Concurrently with the execution hereof, the State shall execute and deliver the Master
Financing Contract pursuant to which the State agrees to make Installment Payments for the
acquisition of the Property for and on behalf of the Local Agency, at such times and in such
amounts as provided therein, which will be sufficient in the aggregate to pay the Purchase Price
of the Property to be acquired by the State for and on behalf of the Local Agency, and interest
thereon. The Local Agency pledges its full faith and credit to make the Agency Installment
Payments that are required to be paid under this Local Agency Financing Contract.
Installment Payments allocable to the Purchase Price of the Local Agency Property and
interest thereon shall be payable by the State solely from Agency Installment Payments to be
made by the respective Local Agencies, including the Local Agency, except as otherwise
provided in Sections 3.2(c) and 3.2(d) of the Master Financing Contract and Sections 3.2(b) and
3.2(c) of this Local Agency Financing Contract.
(b) Intercept of Local Agency Share of State Revenues. In the event that the Local
Agency fails to make any payment due under this Local Agency Financing Contract, pursuant to
RCW 39.94.030(l), the State Treasurer shall withhold an amount sufficient to make such
payment from the Local Agency's share of State revenues or other amounts authorized or
required by law to be distributed by the State to the Local Agency; but (i) only if the use of any
such revenues or amounts to make such payments is otherwise authorized or permitted by State
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
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law, and (ii) only to the extent the Local Agency is otherwise entitled to receive such share of
State revenues or other amounts. Such withholding shall continue until all such delinquent
payments have been made. Amounts withheld by the State Treasurer pursuant to this Section
3.2(b) shall be applied to make any such payment due under this Local Agency Financing
Contract on behalf of the Local Agency, or to reimburse the State for any such payment made
pursuant to Section 3.2(c). The Local Agency authorizes, approves and consents to any such
withholding.
(c) Conditional Payment of Local Agency Installment Payments. Upon the failure of
the Local Agency to make any Agency Installment Payment at such time and in such amount as
required pursuant to this Local Agency Financing Contract, the State shall, to the extent of
legally available appropriated funds and subject to any Executive Order reduction, make such
payment into the Agency Installment Payment Fund (established under the Master Financing
Contract) on behalf of such Local Agency within 15 Business Days after such Agency
Installment Payment Date. The Local Agency shall reimburse the State for such payments made
on its behalf immediately thereafter and in any case not later than 10 Business Days after such
Agency Installment Payment Date, together with interest thereon at a rate equal to the State
Reimbursement Rate. Anything herein to the contrary notwithstanding, failure of the Local
Agency to reimburse the State for any such payment shall not constitute an Agency Event of
Default, but the State may institute such legal action and pursue such other remedies against the
Local Agency as the State deems necessary or desirable, including, but not limited to, actions for
specific performance, injunction and /or the recovery of damages.
(d) Payments by Local Agency Treasurer. The treasurer of the Local Agency shall
establish and /or maintain a special fund in the "bonds payable" category of accounts of the Local
Agency for the purposes of paying the Local Agency's Agency Installment Payments and
Additional Costs. The treasurer of the Local Agency shall remit each Agency Installment
Payment to the State on each Agency Installment Payment Date and any Additional Costs when
due hereunder from any legally available funds of the Local Agency.
Section 3.3 No Set -Off. The obligation of the Local Agency to make Agency
Installment Payments from the sources set forth herein and to perform its other obligations
hereunder shall be absolute and unconditional. The Local Agency shall make Agency
Installment Payments as and when the same shall become due without diminution, reduction,
postponement, abatement, counterclaim, defense or set -off as a result of any dispute, claim or
right of action by, against or among the State, the Corporation, the Trustee, any Agency, and /or
any other Person, or for any other reason; provided, that nothing in this Section 3.3 shall be
construed to release or excuse the State from the observance or performance of its obligations
hereunder.
Section 3.4 Assignments by the Corporation. The Local Agency acknowledges and
agrees that, concurrently with the execution and delivery of this Local Agency Financing
Contract, the Corporation will unconditionally assign to the Trustee pursuant to the Master
Assignment, without recourse, (i) all of its rights to receive the Installment Payments under the
Master Financing Contract, (ii) all of its remaining right, title and interest in, to and under the
Master Financing Contract and this Local Agency Financing Contract, and in and to the Property
(including any security interest therein), in consideration for the payment by the Trustee to the
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
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State Treasurer, as agent of the Corporation, of the proceeds of the sale of the Certificates. The
State and the Corporation have acknowledged and agreed that such assignment by the
Corporation is intended to be a true sale of the Corporation's right, title and interest, and that
upon such assignment the Corporation shall cease to have any rights or obligations under the
Master Financing Contract or with respect to the Property, and the Trustee shall thereafter have
all the rights and obligations of the Corporation under the Master Financing Contract as if the
Trustee had been the original party thereto. Except where the context otherwise requires, every
reference in the Master Financing Contract and this Local Agency Financing Contract to the
Corporation shall be deemed to be a reference to the Trustee in its capacity as assignee of the
Corporation.
ARTICLE IV
OPTIONAL PREPAYMENT OF AGENCY
INSTALLMENT PAYMENTS
Section 4.1 Optional Prepay.
(a) The Local Agency may, at its option and upon approval of the State Treasurer,
prepay its Agency Installment Payments then unpaid, in whole or in part on any date, by causing
to be deposited with the State Treasurer money and /or Government Obligations in an amount
sufficient for the State to provide for the payment or defeasance of the portion of its Installment
Payments corresponding thereto in accordance with Section 4.1(a) or 4.1(b), respectively, of the
Master Financing Contract, and to pay any Additional Costs in connection therewith.
(b) The Local Agency shall provide the State Treasurer with not less than 60 days'
prior written notice of its intention to prepay any of its Agency Installment Payments, which
notice shall specify the date of the date of such prepayment, and the amount and the Agency
Installment Payment Dates of the Agency Installment Payments to be prepaid. The State
Treasurer shall notify the Local Agency within 15 Business Days after receipt of such notice
from the Local Agency as to the amount required to be paid in connection with such prepayment
or provision for payment of the corresponding Installment Payments, including any Additional
Costs in connection therewith. The determination by the State Treasurer of the amount to be
paid by the Local Agency shall be binding and conclusive against such Local Agency, absent
manifest error.
Section 4.2 Revision of A Prepayment.
Installment Payments upon Optional Prepay Installment Payments upon Optional Prepayment.
The Agency Principal Component and Agency Interest Component of the Agency Installment
Payment due on each Agency Installment Payment Date on and after the date of any prepayment
pursuant to Section 4. 1, as set forth in Exhibit D, shall be reduced by the State Treasurer to
reflect such prepayment, in such amounts and on such Agency Installment Payment Dates as the
Local Agency shall elect in its written notice to the State Treasurer, pursuant to Section 4.1(b).
Section 4.3 Discharge of Local A gency Financing Contract. All right, title and
interest of the State and all obligations of the Local Agency under this Local Agency Financing
Contract shall terminate and be completely discharged and satisfied (except for the right of the
State and the Corporation and the obligation of the Local Agency to have the money and
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
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Government Obligations set aside applied pursuant to Section 4.3(b) to make the remaining
Agency Installment Payments) when either:
(a) all Agency Installment Payments and all Additional Costs and other amounts due
hereunder have been paid in accordance herewith; or
(b) (i) the Local Agency shall have delivered a written notice to the State Treasurer of
its intention to prepay all of the Agency Installment Payments remaining unpaid; (ii) the Local
Agency shall have caused to be deposited with the State Treasurer (A) money and /or
Government Obligations in accordance with Section 4.1; and (B) an Opinion of Counsel to the
effect that such actions are permitted under this Local Agency Financing Contract, the Master
Financing Contract and the Trust Agreement and will not cause interest evidenced and
represented by the Certificates to be includable in gross income for federal income tax purposes
under the Code; and (iii) for so long as any Agency Installment Payments remain unpaid,
provision shall have been made satisfactory to the Corporation for payment of all Additional
Costs.
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS
Section 5.1 Representations and Warranties of the Local A_ gency. The Local Agency
represents and warrants as follows:
(a) The Local Agency is an "other agency" within the meaning of the Act, duly
organized and validly existing under the Constitution and laws of the State.
(b) The Local Agency is authorized under the laws of the State and its charter or
other constituent document, if any, to enter into and perform its obligations under this Local
Agency Financing Contract.
(c) Neither the execution and delivery by the Local Agency of this Local Agency
Financing Contract, nor the observance and performance of its terms and conditions, nor the
consummation of the transactions contemplated by it, conflicts with or constitutes a breach of or
default under any agreement or instrument to which the Local Agency is a party or by which the
Local Agency or its property is bound, or results in the creation or imposition of any lien, charge
or encumbrance whatsoever upon the Property, except as expressly provided in this Local
Agency Financing Contract and the Master Financing Contract.
(d) The Local Agency has duly authorized, executed and delivered this Local Agency
Financing Contract.
(e) This Local Agency Financing Contract constitutes valid and binding general
obligation indebtedness of the Local Agency, enforceable against it in accordance with its terms,
except as such enforceability may be affected by bankruptcy, insolvency, reorganization,
moratorium and other laws relating to or affecting creditors' rights generally, to the application
of equitable principles, and to the exercise of judicial discretion in appropriate cases.
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(f) The Property to be financed and acquired pursuant to this Local Agency
Financing Contract is essential to the Local Agency's ability to carry out its governmental
functions and responsibilities, and the Local Agency expects to make immediate and continuing
use of the Property during the term of this Local Agency Financing Contract.
(g) The useful life of the Property is equal to or exceeds the term of this Local
Agency Financing Contract.
(h) The obligations of the Local Agency under this Local Agency Financing Contract,
together with all other outstanding indebtedness of the Local Agency, do not exceed any
statutory or constitutional debt limit applicable to the Local Agency.
(i) The Local Agency makes no representation or warranty regarding the perfection
of any security interest in the Property, the Master Financing Contract or this Local Agency
Financing Contract for the benefit of the Corporation.
Section 5.2 Covenants and Agreements of the Local A _gena. The Local Agency
covenants and agrees as follows:
(a) Preservation of Existence. The Local Agency will do or cause to be done all
things necessary to preserve its existence as an "other agency" within the meaning of the Act.
(b) Budget. The Local Agency shall take such action as may be necessary to include
all the Agency Installment Payments and Additional Costs due hereunder in its annual budget
and to make the necessary annual appropriations for all such Agency Installment Payments and
Additional Costs.
(c) Levy of Taxes. If and to the extent authorized by law, the Local Agency
covenants that it will levy taxes in such amounts and at such times as shall be necessary, within
and as a part of the tax levy, if any, permitted to be made by the Local Agency without a vote of
its electors, to provide funds, together with other legally available money, sufficient to make the
Agency Installment Payments and the other payments required under this Local Agency
Financing Contract.
(d) Notice of Nonpayment. The Local Agency shall give written notice to the State
Treasurer and the Corporation prior to any Agency Installment Payment Date if the Local
Agency knows prior to such date that it will be unable to make all or any portion of the Agency
Installment Payment due on such date.
(e) Tax Exemption. The Local Agency shall not make any use of the proceeds of this
Local Agency Financing Contract or the Certificates or of any other amounts, regardless of the
source, or of any property, and shall not take or refrain from taking any action, that would cause
the Master Financing Contract or the Certificates to be "arbitrage bonds" within the meaning of
Section 148 of the Code. The Local Agency shall not use or permit the use of the Property or
any part thereof by any Person other than a "governmental unit" as that term is defined in
Section 141 of the Code, in such manner or to such extent as would result in the loss of the
exclusion from gross income for federal income tax purposes of the Interest Component of the
Installment Payments under Section 103 of the Code. The Local Agency shall not make any use
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
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of the proceeds of this Local Agency Financing Contract or the Certificates or of any other
amounts, and shall not take or refrain from taking any action, that would cause the Master
Financing Contract or the Certificates to be "federally guaranteed" within the meaning of
Section 149(b) of the Code, or "private activity bonds" within the meaning of Section 141 of the
Code, or "hedge bonds" within the meaning of Section 149 of the Code. To that end, for so long
as any Agency Installment Payments remain unpaid, the Local Agency, with respect to such
proceeds and other amounts, will comply with all requirements under such Sections and all
applicable regulations of the United States Department of the Treasury promulgated thereunder.
The Local Agency will at all times do and perform all acts and things permitted by law which are
necessary or desirable in order to assure that the Interest Components of the Installment
Payments will not be included in gross income of the Owners of the Certificates for federal
income tax purposes under the Code, and will take no action that would result in such interest
being so included. The Local Agency shall comply with the applicable provisions of the Tax
Certificate.
(f) No Liens; Sale or Disposal; or Assignment. The Local Agency shall not create,
incur or assume any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to
the Property, except the rights of the Corporation as provided herein and in the Master Financing
Contract. The Local Agency shall promptly, at its own expense, take such action as may be
necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim if the
same shall arise at any time. The Local Agency shall not grant, sell, transfer, assign, pledge,
convey or otherwise dispose of any of the Property or any interest therein during the term of this
Local Agency Financing Contract, and any such attempted grant, sale, transfer, assignment,
pledge, conveyance or disposal shall be void. The Local Agency may not grant, sell, assign,
transfer, convey, pledge, hypothecate or grant any security interest in any of its right, title or
interest in, to or under this Local Agency Financing Contract. Any attempted grant, sale,
assignment, conveyance, pledge, hypothecation or security interest shall be void.
(g) Performance. The Local Agency shall punctually pay the Agency Installment
Payments and any Additional Costs in conformity with the terms and provisions hereof, and will
faithfully observe and perform all the covenants, terms and other obligations contained herein
required to be observed and performed by the Local Agency. The Local Agency will not suffer
or permit any default to occur hereunder, or do or permit anything to be done, or omit or refrain
from doing anything, in any case where any such act done or permitted, or any such omission or
refraining from doing anything, would or might be grounds for termination of this Local Agency
Financing Contract. The Local Agency will not terminate this Local Agency Financing Contract
for any cause, including but not limited to any acts or circumstances that may constitute failure
of consideration, destruction of or damage to the Property, commercial frustration of purpose,
any change in the tax or other laws of the United States of America or of the State or any
political subdivision of the State, or any failure by the State or the Corporation to observe or
perform any covenant, agreement, term, condition or other obligation contained herein or in the
Master Financing Contract required to be observed and performed by it, whether express or
implied, or the bankruptcy, insolvency, liquidation or reorganization of the Corporation.
(h) Further Assurances. The Local Agency will preserve and protect the rights of the
State hereunder, and will warrant and defend such rights against all claims and demands of all
Persons. The Local Agency will promptly execute, make, deliver, file and record any and all
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
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further assurances, instruments and agreements, and do or cause to be done such other and
further things, as may be necessary or proper to carry out the intention or to facilitate the
performance hereof and for the better assuring and confirming to the State the rights and benefits
provided to it hereunder.
(i) Use of Property. During the term of this Local Agency Financing Contract, the
Local Agency will use the Property for the purposes of performing one or more of its essential
governmental functions or responsibilities. The Local Agency will not permit the Property to be
used or operated other than by authorized employees, agents and contractors of the Local
Agency.
0) Financial Statements. The Local Agency shall prepare annual financial
statements and obtain audits thereof as required by law. Upon the Written Request of the State
Treasurer, the Local Agency shall provide the State Treasurer with a copy of its most recent
audited and unaudited financial statements.
(k) Use; Repairs. For so long as the Local Agency is in possession of the Property,
the Local Agency shall be solely responsible for the maintenance and repair, both ordinary and
extraordinary, of the Property. The Local Agency will (i) keep and maintain the Property in
good repair, working order and condition, and protect the same from deterioration other than
normal wear and tear; (ii) cause the Property to be used within its normal capacity, in the manner
contemplated by the manufacturer's specification, and in compliance with the requirements of
applicable laws, ordinances and regulations, the requirements of any warranties applicable
thereto, and the requirements of any insurance or self- insurance program required under
Section 5.2(p); (iii) cause the Property to be used and operated by or under the direction of
competent persons only, and obtain all registrations, permits and licenses, if any, required by law
for the operation of the Property; and (iv) will pay all costs, claims, damages, fees and charges
arising out of its possession, use or maintenance of the Property. The Local Agency, at its
expense, will furnish all parts, mechanisms and devices required to operate and maintain the
Property.
(1) Alterations. The Local Agency will not make any alterations, additions or
improvements to the Property without the prior written consent of the State Treasurer unless such
alterations, additions or improvements (i) maintain or increase the value of the Property; or
(ii) may be readily removed without damage to the Property. All such alterations, additions or
improvements shall be deemed to be a part of the Property and shall be subject to the terms and
provisions of this Local Agency Financing Contract.
(m) Location; Inspection. The Property will be located within the State. The
Corporation will be entitled to inspect the Property during regular business hours upon at least
one Business Day's prior notice. The Local Agency acknowledges, and consents and agrees to,
the right of the Corporation to so inspect the Property.
(n) Impositions and Charges. If during the term of this Local Agency Financing
Contract, any Imposition is imposed or incurred in connection with the sale and purchase of the
Property by the Corporation to the State, or by the State to the Local Agency, or the ownership,
operation, possession or use of the Property by the Corporation, the State or the Local Agency,
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
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or the payment of the Agency Installment Payments by the Local Agency, or the payment of the
Installment Payments payable therefrom by the State, or any fines, penalties or interest imposed
on or with respect to any of the foregoing, the Local Agency shall pay all such Impositions and
charges when due. The Local Agency at its own expense may contest any such Impositions and
charges until it obtains a final administrative or judicial determination with respect thereto,
unless the Property is encumbered by any levy, lien or any other type of encumbrance because of
the Local Agency's failure to pay such Impositions or charges. If the State or the Corporation
pays any such Impositions or charges for which the Local Agency is responsible or liable
hereunder, the Local Agency shall reimburse the State or the Corporation, as applicable, therefor
as Additional Costs hereunder. The Local Agency shall hold harmless the State and the
Corporation from and against all such Impositions and charges during the term of this Local
Agency Financing Contract.
(o) Risk of Loss; Damage; Destruction; Condemnation. The Local Agency assumes
all risk of loss of or damage to the Property from any cause whatsoever, and the obligation of the
Local Agency to pay the Agency Installment Payments or to perform any other obligation under
this Local Agency Financing Contract shall in no way be released, discharged or otherwise
affected for any reason, including without limitation (i) any defect in the condition, quality or
fitness for use of, or title to, any portion of the Property, or (ii) any damage to, or abandonment,
destruction, requisition, condemnation or taking of any portion of the Property. In the event of
damage to any item of the Property, the Local Agency will immediately place the same in good
repair, working order and condition as required by Section 5.2(k) hereof. If the Local Agency
determines that any item of Property is lost, stolen, destroyed or damaged beyond repair, the
Local Agency will prepay all of its obligations for Agency Installment Payments and terminate
its obligations hereunder in accordance with Section 4.3(b) hereof.
(p) Insurance.
(i) The Local Agency shall maintain, or cause to be maintained, in full force
and effect, comprehensive general liability insurance with respect to the Property in such
amounts as may be reasonably determined by the Local Agency from time to time but in
any event not less than $1,000,000 per occurrence, or such greater amount as the State
Treasurer may reasonably require from time to time. Such insurance may be carried
under a blanket policy with umbrella coverage. Such insurance shall cover any and all
liability of the Local Agency and its officials, officers, employees and volunteers. Such
insurance shall include (A) coverage for any accident resulting in personal injury to or
death of any person and consequential damages arising therefrom; and
(B) comprehensive property damage insurance.
(ii) The Local Agency shall maintain or cause to be maintained in full force
and effect fire and extended coverage insurance with respect to the Property in such
amounts and covering such risks as the Local Agency may reasonably determine from
time to time but in any event not less than the aggregate amount of the Agency Principal
Components of Agency Installment Payments due hereunder which remain unpaid. Such
insurance may be carried under a policy or policies covering other property of the Local
Agency. In the alternative, the Local Agency may assume financial responsibility for any
physical damage to and /or loss of the Property; provided, however, that if the Local
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 24 of 31
Agency elects this option, the Local Agency hereby covenants and agrees that it will
promptly repair or replace the Property promptly upon any loss or damage thereto.
(iii) The insurance required under paragraphs (i) and (ii) above: (A) shall be
provided by a financially responsible insurance company authorized to do business in the
State; (B) shall name the State and the Trustee as additional insureds thereunder; (C) shall
provide that the same may not be canceled or given notice of non - renewal, nor shall the
terms of conditions thereof be altered, amended or modified, without at least 45 days'
prior written notice being given by the insurer to the State Treasurer; and (D) may be
provided in whole or in part through a funded program of self - insurance reviewed at least
annually by an insurance actuary.
(iv) A certificate of insurance with respect to the required coverages shall be
provided by the Local Agency to the State Treasurer annually on or prior to December 1
with respect to any required insurance maintained pursuant hereto.
(v) The Local Agency will pay or cause to be paid when due the premiums for
all insurance policies required by this Section 5.2(p).
ARTICLE VI
EVENTS OF DEFAULT; REMEDIES
Section 6.1 Agency Event of Default. Each of the following shall constitute an
"Agency Event of Default" hereunder:
(a) Failure by the Local Agency to pay or cause to be paid any Agency Installment
Payment required to be paid hereunder within 10 Business Days of the respective Agency
Installment Payment Date;
(b) Failure by the Local Agency to observe or perform any covenant, agreement, term
or condition on its part to be observed or performed hereunder, other than as set forth in
paragraph (a) above, for a period of 30 days after written notice from the State Treasurer or the
Trustee to the Local Agency specifying such failure and requesting that it be remedied; provided,
however, that such period shall be extended for not more than 60 days if such failure cannot be
corrected within such period, and the corrective action is commenced by the Local Agency
within such period and diligently pursued until the failure is corrected;
(c) If any statement, representation, or warranty made by the Local Agency in this
Local Agency Financing Contract or in any writing delivered by the Local Agency pursuant
hereto or in connection herewith is false, misleading, or erroneous in any material respect; and
(d) Inability of the Local Agency to generally pay its debts as such debts become due,
or admission by the Local Agency in writing of its inability to pay its debts generally or the
making by the Local Agency of a general assignment for the benefit of creditors, or the
institution of any proceeding by or against the Local Agency seeking to adjudicate it as bankrupt
or insolvent, or seeking liquidation, winding -up, reorganization, reimbursement, adjustment,
protection, relief or composition of it or its debts under any law relating to bankruptcy,
insolvency or reorganization or relief of debtors, or seeking the entry of an order for relief or for
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 25 of 31
appointment of a receiver, trustee, or other similar officer of it or any substantial part of its
property, or the taking of any action by the Local Agency to authorize any of the actions set forth
above in this Section 6.1(d).
Notwithstanding the foregoing provisions of this Section 6.1, if by reason of force
majeure the Local Agency is unable in whole or in part to carry out the covenants, agreements,
terms and conditions on its part contained in this Local Agency Financing Contract, the Local
Agency shall not be deemed in default during the continuance of such inability. The term "force
majeure" means the following: acts of God; strikes; lockouts or other industrial disturbances or
disputes; acts of public enemies; orders or restraints of any kind of the government of the United
States of America or any of its departments, agencies or officials, or of its civil or military
authorities; orders or restraints of the State or of any of its departments, agencies or officials or
civil or military authorities of the State; wars, rebellions, insurrections; riots; civil disorders;
blockade or embargo; landslides; earthquakes; fires; storms; droughts; floods; explosions; or any
other cause or event not within the control of the Local Agency.
The State, with the prior written consent of the Corporation, may, at its election, waive
any default or Agency Event of Default and its consequences hereunder and annul any notice
thereof by written notice to the Local Agency to such effect, and thereupon the respective rights
of the Parties hereunder shall be as they would have been if such default or Agency Event of
Default had not occurred.
Section 6.2 Rights of State Upon Agency Event of Default. Whenever an Agency
Event of Default hereunder shall have occurred and be continuing, the State shall have the
following rights and may exercise any one or more of the following remedies:
(a) By written notice to the Local Agency, require that the Local Agency promptly
return possession and use of the Property to the State at any location specified in the United
States (at the cost and expense of the Local Agency) in good repair, working order and condition,
ordinary wear and tear excepted;
(b) Take whatever action at law or in equity may appear necessary or desirable to
collect the Agency Installment Payments then due and thereafter becoming due, or to enforce the
observance or performance of any covenant, agreement or obligation of the Local Agency under
this Local Agency Financing Contract;
(c) Exercise any other rights or remedies it may have hereunder or under applicable
law; and
(d) Decline to execute any future financing contract on behalf of the Local Agency
under the Act.
Section 6.3 No Remedy Exclusive, Non - Waiver. No remedy conferred upon or
reserved to the State hereunder or under applicable law is intended to or shall be exclusive, and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Local Agency Financing Contract or now or hereafter existing at law or in equity. No
delay or omission to exercise any right or remedy accruing upon a default or an Agency Event of
Default hereunder shall impair any such right or remedy or shall be construed to be a waiver of
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 26 of 31
such default or Agency Event of Default, but any such right or remedy may be exercised from
time to time and as often as may be deemed necessary or expedient. In order to exercise any
remedy reserved to the State hereunder, it shall not be necessary to give any notice, other than
such notice as may be required hereunder. A waiver by the State of any default or Agency Event
of Default hereunder shall not constitute a waiver of any subsequent default or Agency Event of
Default hereunder, and shall not affect or impair the rights or remedies of the State in connection
with any such subsequent default or Agency Event of Default.
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 7.1 Indemnification of State and the Corporation. To the extent permitted by
law, the Local Agency hereby releases the State and the Corporation from, agrees that the State
and the Corporation shall not be liable for, and agrees to indemnify and hold the State and the
Corporation and their respective directors, officers, officials, employees, and agents harmless
from, any liability for any loss or damage to property or any injury to or death of any person that
may be occasioned by any cause whatsoever arising out of the ownership or operation of the
Property or the acquisition, financing or refinancing thereof. The Local Agency agrees to
indemnify and hold the State and the Corporation and their respective directors, officers,
officials, employees, and agents harmless from any losses, costs, charges, expenses (including
reasonable attorneys' fees), judgments and liabilities incurred by it or them, as the case may be,
in connection with any action, suit or proceeding instituted or threatened in connection with the
transactions contemplated by this Local Agency Financing Contract or the exercise of rights or
the performance of duties of the State or the Corporation under this Local Agency Financing
Contract, the Master Financing Contract or the other Series 414 Agreements to which each of
them is a Party, except to the extent caused by the gross negligence or willful misconduct of such
indemnified party. The indemnification provided in this Section 7.1 shall survive the final
payment of the Agency Installment Payments and the termination of this Local Agency
Financing Contract for any reason.
Section 7.2 Third Party Beneficiaries. The Corporation and the Trustee, as assignee of
the Corporation, shall be third party beneficiaries of this Local Agency Financing Contract.
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
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Section 7.3 Notices to Agency. The notice address for the Local Agency shall be as
set forth in the Notice of Intent.
STATE:
STATE OF WASHINGTON OFFICE OF THE
STATE TREASURER
Treasurer Representative
LOCAL AGENCY: City of Yelm
By
Authorized Agency Representative
Authorized Agency Representative
Authorized Agency Representative
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 28 of 31
EXHIBIT A
NOTICE OF INTENT
[attached]
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 29 of 31
EXHIBIT B
PERSONAL PROPERTY CERTIFICATE
[attached]
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 30 of 31
EXHIBIT C
CERTIFICATE DESIGNATING AUTHORIZED AGENCY REPRESENTATIVES
[attached]
Agenda Item 8. d. Ordinance No. 1017 & Resolution No. 572, Police Vehicle Acquistions
Page 31 of 31
EXHIBIT D
SCHEDULE OF AGENCY INSTALLMENT PAYMENTS
[to be attached upon availability]