CrimeReports.com
Megan Hansen of the Nisqually Valley News reports that the Yelm Police Department is one of four Thurston County agencies now posting reported criminal activity online at crimereports.com.
Users can sort by crime, distance and within a certain time period.
Yelm’s map can be seen online here.
I don’t see where they offer the information in an RSS feed or other method that could be used to overlay with over data.
Thurston County Solid Waste regretfully announces that it will be closing five of the nine Blue Box recycling locations January 1, 2009 due to ongoing illegal dumping problems and budget reductions.
Thurston County sites illegal dumping and budgetary issues as the reasons.
The Thurston County Sheriff’s Office issued public notification on a missing girl last seen in Yelm. View the document.
Kylie Ellis has been missing since Monday, Dec. 1
Kylie Ellis, 12, first reported missing on Monday, Dec. 1. She was last seen in Yelm on Tuesday, December 2.
Ellis is described as 5 feet 7 inches tall, 100 lbs. with brown hair and brown eyes.
Anyone with information or anyone who has seen Ellis is asked to call the Thurston County Sheriff’s Office at 360-786-5530 or dial 9-1-1
Hats off to the Nisqually Valley News for researching and posting public employees earnings for the Yelm area online.
Read the full article here and reposted below.
They’re Working For You
What public employees will be making in 2009
Posted Dec 05, 2008.Nisqually Valley News staff
Public employees work for the taxpayer. Plain and simple.
In an era where obstacles to public information are being thrown up by lawmakers, what we pay them cannot be kept a secret.
When reporters for the Nisqually Valley News contacted various agencies about pay for public employees, some voiced displeasure at the idea of that information appearing in the newspaper, and others speculated on the motivation.
It’s information that every citizen has a right to. Anyone can seek public information, and they don’t have to explain or justify their request to anyone.
In the spirit of democracy and transparency in government, the following is the first-ever Nisqually Valley News list of what public employees are earning in Yelm, Rainier and Roy:
CITY OF YELM
Accounting clerk/office assistant: $34,224 to $40,860
Assistant planner: $50,736 to $60,588
Associate planner: $55,812 to $66,648
Bailiff: $16 per hour
Building inspector: $46,488 to $55,512
Building official: $53,100 to $63,408
City administrator’s assistant: $45,360 to $54,156
Certified court interpreter: $40-$55 per session
City administrator: $114,870
City clerk/human resources manager: $55,116 to $65,808
Civil engineering inspector: $46,488 to $55,512
Civil service secretary: $16.44 per hour
Code enforcement officer-part-time: $39,096 to $46,680
Community development director: $84,394
Community & government relations coordinator: $51,804 to $61,860
Computer support specialist: $46,260 to $55,248
Yelm City Council members: $4,800 to $7,200
Court administrator: $62,124
Court clerk: $36,576 to $43,692
Custodian/maintenance: $36,564 to $43,680
Deputy city clerk: $41,916 to $50,040
Engineer: $59,184 to $70,668
Finance & administrative director: $78,197
Judge: $28,908
Judge pro-tem: $45 per hour
Mayor: $30,000
Permit coordinator / office assistant: $35,280 to $42,120
Office assistant, part-time: $31,548 to $37,680
Police chief: $84,394
Police department administrative assistant: $39,888 to $47,616
Police detective: additional five percent more than officer pay step
Police officer: $50,388 to $60,168
Police records clerk: $36,576 to $43,692
Police sergeant: $64,080 to $67,992
Program/project manager: $57,240 to $68,340YELM PUBLIC WORKS
Administrative assistant: $39,888 to $47,616
Animal Control officer: $1,200
Public works director: $77,362
Field supervisor: $52,992 to $63,276
Maintenance worker/Equipment operator: $41,340 to $49,344
Maintenance worker/mechanic: $44,508 to $53,148
Maintenance worker/streets/parks: $36,564 to $43,680
Senior accounting clerk: $44,184 to $52,764
Utility clerk: $39,948 to $47,724Water plant operator: $46,092 to $55,032 Reuse system manager: $56,436 to $67,380
Reuse system operator: $46,092 to $55,032
Reuse operator assistant: $38,160 to $45,552Note: Salaries for 2009 for public works employees are currently in negotiation and are not final.
YELM COMMUNITY SCHOOLS
Superintendent: $122,866 to $146,708
Assistant superintendent: $106,413 to $127,063
Director of special education: $90,170 to $107,668
High school principal: $96,695 to $115,459
Middle school principal: $90,166 to 107,663
Elementary school principal: $86,068 to $102,769
High school assistant principal; Director of technology/career and technical education; Assistant director of special services: $84,827 to $101,288
Middle school assistant principal: $80,393 to $95,993
Athletic director; Director of assessment and staff development: $76,641 to $91,513
Executive director of curriculum and assessment: $89,039 to $106,317
Director of facilities: $78,425 to $93,644
Director of transportation: $61,163 to $73,032
Director of food services: $52,743 to $62,978
Supervisor of maintenance, grounds and custodians: $62,740 to $74,915
Assistant director of transportation: $48,310 to $57,685
Executive assistant of fiscal services: $26.25 to $32.64 per hour
Executive assistant human resources coordinator: $24.33 to $30.27 per hour
Community relations coordinator; Assistant payroll coordinator; Assistant human resources coordinator/classified: $22.24 to $27.70 per hour
Accounts payable purchasing: $20.59 to $25.67 per hour
Payroll specialist: $19.31 to $24.10 per hourCITY OF RAINIER
Clerk treasurer: $61,600
Deputy clerk: $14.53 per hour
Administrative assistant: $10 per hour
Public works director: $57,636.40
Public works employee: $14.65 per hour
Mayor: $450 per month
Rainier City Council members: $200 per month
Contracted wages:
Legal: $30,000
Police (supplies and wages): $178,550
Planning: $18,000
Building and Safety: $20,000
Cleaning: $1,800Note: 2009 salaries for Rainier City employees have not yet been approved.
RAINIER SCHOOL DISTRICT
Superintendent: $115,307.07
Business manager: $55,895
Facilities director: $48,872.23
High school principal: $90,008
Middle school principal: $86,652
Elementary school principal: $83,656CITY OF ROY
Clerk-Treasurer: $2,600 to $2,750 per month
Office assistant: $11 to $12.78 per hour
Public works director: $22,850
Maintenance worker: $12.55 to $13 per hour
Mayor: $275 per month
Roy City Council members: $25 per meeting
Yelm Community Development Director Passes Blame To DOT
It is not know if Yelm’s Community and Government Relations Coordinator Cindy Teixeira, who Mr. Klein wrote a letter to asking for an update has responded to him or if going thru the Nisqually Valley News is the new way for the members of Yelm City Government to answer questions.
Connector waiting on DOT permit
The only thing keeping Wal-Mart from building a connector to 103rd Avenue is a permit from the state Department of Transportation.
Posted Dec 05, 2008.By Megan Hansen
Nisqually Valley NewsThe only thing keeping Wal-Mart from building a connector to 103rd Avenue is a permit from the state Department of Transportation.
A stipulation for approving the superstore was that the connector had to be built 18 months after right-of-way was purchased, Yelm Community Development Director Grant Beck said.
The right-of-way acquisition was completed July 2007.
The city was going to negotiate the right-of-way purchase, but the state DOT took the lead, Beck said.
Wal-Mart reimbursed the DOT for the piece of land needed for the connector and issued a letter of credit to the city.
That letter of credit is for just under $1 million.
Money is set aside for the project and officials from Wal-Mart are ready to build, Beck said.
The road will add to the mini loop project, connecting to 103rd Avenue.
Residents will be able to turn out of the superstore and take the mini loop instead of Yelm Avenue.
Once the Yelm Loop is constructed, the connector will be ripped out and replaced to become part of the bypass.
“It’s just a city street for now,” Beck said.
The only thing stopping them is a permit to get onto the property.
Beck said he contacted WSDOT Sept. 4, but still hasn’t heard from them.
“I’m not panicked about it because we have the line of credit,” Beck said. “It’s not like Wal-Mart is going to back out.”
“It will get built.”
The permit is still being processed, but it should be complete within the next two weeks, said Dale Severson, development services engineer for WSDOT.
“It’s just a matter of getting all the pieces together,” Severson said.
Ron Harding, the current Mayor of Yelm, struck back at his critics, singling out JZ Knight, with a letter to the Nisqually Valley News. The Mayor’s letter was printed in the paper, but not featured online.
Harding called a full page paid ad placed in last weeks paper as “standard propaganda” and claims “There’s a lot of misinformation out there” but not giving any specifics or additional information. There is no reference to the article in the Olympian last week which seemed to cover alot of the points from JZ Knight’s press release and ad.
Mayor calls Knight ad misleading
Yelm officials this week called a full-page ad placed in the Nisqually Valley News by channeler JZ Knight “standard propaganda.”Posted Nov 28, 2008
By Megan Hansen
Nisqually Valley NewsYelm officials this week called a full-page ad placed in the Nisqually Valley News by channeler JZ Knight “standard propaganda.”
The paid advertisement, which appeared in last week’s newspaper as well as the Nisqually Valley Shopper, responds to a decision made in Thurston County Superior Court regarding Knight’s appeal of five Yelm subdivisions.
Mayor Ron Harding denounced the ad in a letter to the editor published in this week’s edition.
“Normally I don’t engage in the back and forth,” Harding said. “There’s a lot of misinformation out there.”
“I wanted the community to know that their elected officials are doing what’s right.”
The court’s decision requires the city to prove potable water at final plat approval and give Knight special notice when water is issued in those developments.
“Knight and her handlers have employed many tactics to impact the progress of our city,” Harding said in his letter. “The latest strategy is to challenge the city on water issues. Knight’s money and influence have been used in attempts to manipulate public policy.”
Former mayoral candidate Steve Klein, a spokesman for Knight, declined to comment Tuesday.
Though told what the letter says, Klein said he could not comment without reading the letter itself.
“The matter is far from resolved, despite what Knight’s ad may say,” Harding said in his letter. “Our democratic process is still at work.”
“The most recent court ruling is just another step in the progression to resolution and the basic issue of water rights is still in question.”
Harding said he doesn’t want to get into a big public debate over the water issue and Knight’s court case, but claimed there was too much information in the ad that he believes is misleading and false.
“She (Knight) effectively wants the city to reserve water for her use sometime in the future,” Harding said in his letter.
“The latest court decision has elevated Knight above the rest of our citizens by requiring special notification on projects just for her benefit.”
The City of Yelm has posted a long list of documents on their website regarding the Thurston Highlands, check out the Thurston Highlands Final EIS.
The Community Development Department has issued the Final Environmental Impact Statement for the Thurston Highlands Master Planned Community. Hard copies of the Draft EIS are available to be viewed at City Hall in Community Development or at the Yelm Timberland Library.
Below are all the links to the PDFs, hosted on the City of Yelm’s website.
They are in PDF format, so if you have issues opening them, Adobe will help you
Final Environmental Impact Statement
Cover
Cover Memo
Fact Sheet and Table of Contents
Chapter 1 - Summary
Chapter 2 - Response to Comments
Chapter3 - Revisions and Corrections
Chapter 4 - Distribution List
Appendix A - Agency Comments
Appendix B - Public Comments
Figure 1.3-1 Vicinity Map
Fig 1.3-2 Preferred Alternative
Fig 1.3-3 Preferred Alternative Zoom-in
Fig 1.3-4 Traditional Development Alternative
Fig 1.3-5 Traditional Devevlopment Alternative Zoom-in
Fig 1.3-6 Urban Village Alternative
Fig 1.3-7 Urban Village Alternative Zoom-in
Fig 1.3-8 Phase1 Conceptual Land Use Plan
Fig 3.1-01 Site Map
Fig 3.1-02 Cross Sections AA-BB
Fig 3.1-03 Cross Section CC
Fig 3.1-04 Test Pit Investigations & Infiltration Rates
Fig 3.3-01 11×17 Surface Water Features
Fig 3.3-02 11×17 Feb20 1996 Inundation
Fig 3.3-03 Flows near Tahoma Terra Bridge
Fig 3.3-04 Comparison of Water Surfaces
Fig 3.3-05 11×17-Channel Capacity Schematic
Fig 3.3-06 Project Specific Sub Basins
Fig 3.3-07 Groundwater Flow
Fig 3.3-08 Precipitiation Evaporation Infiltration Schematic
Fig 3.3-09 11×17-Thurston Highlands Model Area
Fig 3.3-10 Thompson Creek Segmentation
Final Surface Water Technical Report
Attachment 1 - Draft Surface Water Technical Report
Attachment 2 - HEC-RAS Model
Attachment 3 - HSPF Model
Attachment 4 - Flood Inundation Simulation
Final Infiltration Effects Report
Final Infiltration Effects Report showing changes
Final Infiltration Effects Report Figures
Final Infiltration Effects Report Appendices with Data Sheets
Draft Environmental Impact Statement
Cover (121 Kb)
Cover Memo (72 Kb)
Fact Sheet and Table of Contents (255 Kb)
Section 1 - Summary (320 Kb)
Section 2 - Proposed Alternatives(369 Kb)
Section 3.1 - Earth(47 Kb)
Section 3.2 - Air Quality(104 Kb)
Section 3.3 - Water Resources(162 Kb)
Section 3.4 - Wetlands(97 Kb)
Section 3.5 Fish & Wildlife(83 Kb)
Section 3.6 - Energy & Natural Resources(38 Kb)
Section 3.7 - Relationship with Plans & Policies(22 Kb)
Section 3.8 - Land Use(22 Kb)
Section 3.9 - Noise(18 Kb)
Section 3.10 - Relationship to Fort Lewis (53 Kb)
Section 3.11 - Population (21 Kb)
Section 3.12 - Housing (13 Kb)
Section 3.13 - Light & Glare (34 Kb)
Section 3.14 - Aesthetics (2.26 MB)
Section 3.15 - Parks & Recreation (600 Kb)
Section 3.16 - Historic & Cultural Resources (26 Kb)
Section 3.17 - Transportation (196 Kb)
Section 3.18 - Public Services (183 Kb)
Section 3.19 - Utilities (192 Kb)
Section 3.20 - Fiscal Impact Analysis (176 Kb)
Section 4.0 - References (127 Kb)
Section 5.0 - Distribution List (27 Kb)
Appendix A - Sustainable Development (433 Kb)
Appendix B - Student Population Projections (62 Kb)
Figures
Figure 2.2-1 Vincinity Map (436 Kb)
Figure 2.5-1 Preferred Alternative (176 Kb)
Figure 2.5-2 Preferred Alternative Zoomed (814 Kb)
Figure 2.5-6 Phase 1 Concepetual Plan (292 Kb)
Figure 2.6-1 Traditional Development Alternative (177 Kb)
Figure 2.6-2 Traditional Development Alternative Zoomed (400 Kb)
Figure 2.6-3 Urban Village Alternative (267 Kb)
Figure 2.6-4 Urban Village Alternative Zoomed (465 Kb)
Figure 3.1-01 Site Map (6.8 MB)
Figure 3.1-02 Cross Sections AA (188 Kb)
Figure 3.1-03 Cros Sections BB (200 Kb)
Figure 3.1-04 Test Pit Locations (136 Kb)
Figure 3.1-05 Slope Conditions (127 Kb)
Figure 3.3-01 Surface Water Features (7.1 MB)
Figure 3.3-02 February 20, 1996 Inundation (11.8 MB)
Figure 3.3-03 Thompson Creek Flow (44 Kb)
Figure 3.3-04 Comparison of Water Surfaces (134 Kb)
Figure 3.3-05 Channel Capacity Schmatic (14 MB)
Figure 3.3-06 Project Specific Sub-Basins (592 Kb)
Figure 3.3-07 Thurston Highlands Groundwater Flow (3.2 MB)
Figure 3.3-08 Precipitation/Evaporation/Infiltration Schematic (11.7 Kb)
Figure 3.3-09 Thurston Highlands Model Area (3.9 MB)
Figure 3.3-10 Thompson Creek Segmentation (78 Kb)
Figure 3.4-1 Surveyed Wetlands (609 Kb)
Figure 3.4-2 Boulevard WEtland Crossings (493 Kb)
Figure 3.4-3 H Complex Wetland Buffers (337 Kb)
Figure 3.4-4 Wetland Mitigation Compensation Sites (530 Kb)
Figure 3.5-1 Site Map with Habitat Areas (477 Kb)
Figure 3.5-2 Washington DNR Stream Mapping (362 Kb)
Figure 3.5-3 Western Boundary Wildlife Fence (492 Kb)
Figure 3.10-1 Relationship of the Site to the Fort Lewis Military Reservation (910 Kb)
Figure Fig3.17-1 Relationship of Site to the Region (190 Kb)
Figure 3.17-2 Traffic Study Area - Local (2 MB)
Figure 3.17-3 Traffic Study Area - Regional (297 Kb)
Figure 3.17-4 2012 Transportation Network Baseline(331 Kb)
Figure 3.17-5 2015 Transportation Network Baseline (2 MB)
Figure 3.17-6 2025 Transportation Network Baseline (319 Kb)
Figure 3.17-7 2012 Phase I - Local(341 Kb)
DEIS-TechnicalReportsCover-June2008
Aesthetics-Oct07-v3-print
AirQualityAssessment-Mar08-v2-print
FishWildlifeReport-Apr08-print
FishWildlife Fig1 prt11×17
FishWildlife Fig2 prt
FishWildlife Fig3 prt11×17
FishWildlife App II prt
FishWildlife App III prt
FishWildlife App IV prt
FishWildlife App V prt
GeotechnicalReport-Feb08-print
GeotechRpt Fig1 prt11×17
GeotechRpt Fig2 prt11×17
GeotechRpt Fig3 prt11×17
GeotechRpt Fig4 prt11×17
GeotechRpt Fig5 prt11×17
GeotechRpt Fig6 prt11×17
Geotech App A prt
Geotech App B prt
Geotech App C prt
Geotech App D prt
GradingDrainageUtilitiesRept-May08-print
Fig 1.1-VicinityMap prt11×17
Fig 1.2-ExistingCond prt11×17
Fig 1.3-AerialPhoto prt11×17
Fig 2.1-ExistingSlope prt11×17
Fig 4.1-WaterSystem prt11×17
Fig A.1-PrefAlt prt11×17
Fig A.2-TradAlt prt11×17
Fig A.3-UrbanVlgAlt prt11×17
Fig A.4-PropPhase1 prt11×17
Fig B.1-SoilLogs_Infiltration prt11×17
TH-Site-SoilLogs prt
Fig C.1-ProjectSpecificSubBasins prt11×17
AppD-SustainableDev prt
AppE CalcMethod prt
E-1 PrefAlt-DrainageCalcs prt
E-2 TradDevAlt-DrainageCalcs prt
E-3 UrbVillAlt-DrainageCalcs prt
Fig F.1-TahomaBlvdSect prt11×17
InfiltrationEffectsReport-May08-print
Infiltration Fig1-SiteMap prt 11×17
Infiltration Fig2-GroundwaterFlow prt 11×17
Infiltration Fig3-XSectionsAA-BB prt 11×17
Infiltration Fig4-XSectionCC prt 11×17
Infiltration Fig5-GWModelArea prt 11×17
Infiltration Fig9-PrecipEvap prt
Infiltration AppA LithologicLogs prt
Infiltration AppB WaterLevelData prt
Infiltration AppC SoilTestLabsRpt prt
Infiltration AppD AntecedentPrecipitation prt
Infiltration AppE SimulationResults prt
SurfaceWaterEvaluationRpt-May08-print
SW-Fig 1-SW Features prt 11×17
SW-Fig 8-Channel Capacity prt 11×17
SW-Fig 10-Jan 1997 Inundation prt 11×17
SW-Fig 11-Feb 1996 Inundation prt 11×17
SW-Fig 12-Tahoma Terra Br Wetland prt 11×17
SWEvaluation-AppA prt
SWEvaluation-AppB prt
TransportationImpactAssmt-Mar08-print
Transportation ES Fig1
Transportation ES Fig2
Transportation ES Fig3
Transportation ES Tbl1
Transportation ES Tbl2
Transportation Fig1
Transportation Fig2
Transportation Fig3
Transportation Fig4
Transportation Fig5
Transportation Fig6
Transportation Fig13
Transportation Fig14
Transportation Fig15
Transportation Fig16
Transportation Fig17
Transportation Fig18
Transportation Fig19
Transportation Fig32
Transportation Tbl8 11×17
Transportation Tbl9 11×17
Transp AppA-TrafficCounts
Transp AppB-VolumeForecasts
WetlandInventoryReport-Apr08-print
WetlandInv Fig1 prt11×17
WetlandInv Fig2 prt11×17
WetlandInv Fig3 prt11×17
WetlandInv Fig4 prt
WetlandInv Fig5 prt
WetlandInv Fig6 prt11×17
App II Soil Data Shetsprt
App III CategoryRatingForms prt
All files are in Adobe Acrobat *.pdf Format. To download a free version of Acrobat PDF Reader,
click
here.
Environmental Review and Conceptual Master Site Plan Process (60 KB)
MPC Application (313 KB)
Exhibit - Land Use Alternatives
(249 KB)
Exhibit - Vicinity Map (2.1 MB)
Exhibit - Existing Zoning Map
(247 KB)
Exhibit - Hybrid Master Plan
(2.3 MB)
Exhibit - Transportation Map (354
KB)
Exhibit - Existing Topography
(4.6 MB)
Exhibit - Aerial Photo (30.2
MB)
Notice of Application (54 KB)
Determination of Significance and Request for Comments on Scope of Work for EIS (46 KB)
Press Release (16 KB)
Cover memo to SEPA Agencies (56 KB)
Advertisement for April 25, 2006 Open House (1.75 MB)
Advertisement for May 18, 2006 Open House (1.75 MB)
Public Comments from April Open House (1.80 MB)
Public Comments from May Open House (1.49 MB)
Public Comments
Agency Comments
Summary of agency and public comments on draft scope (135 KB)
Powerpoint presentation about the project and process (4.78 MB)
Exhibits from the Open Houses (3.20 MB)
Final Scope (40 KB)
The Yelm Area Chamber of Commerce has posted the application for the 2008 Christmas Parade which is on Saturday, December 6 and starts at 9:30 AM.
The theme this year is Celebrating an American Christmas.
You are invited to participate in the 2008 Yelm Christmas in the Park Parade. Your line-up
position will be mailed or telephoned to you. The parade will be staged in the Yelm Cinemas at Prairie Park
lot and along West Road. All participants must complete pre-entry forms.
Horse entries must be accompanied by “pooper-scoopers”. If you have any questions, please call
the Yelm Area Chamber of Commerce at (360) 458-6608.
We are looking forward to seeing you on Saturday, December 6, 2008, and we appreciate your
participation in the Yelm Christmas in the Park Parade.
Steve Klein of yelmcommunity.org appears to be the only one paying attention to the fact that the Wal-Mart built in Yelm is now 6 months past its promised due date of completing a paving project that was suppose to help the flow of traffic around the new Wal-Mart.
Klein wrote Yelm’s Community and Government Relations Coordinator Cindy Teixeira for an update and as of November 22nd has gotten no response.
Klein states:
To reiterate, the Yelm Wal-Mart was ONLY permitted to be built by using the Yelm Bypass to mitigate its traffic.
The connector to 103rd was supposed to assist in that until the Bypass is built. As has been reported here ad nauseum, the Bypass was unfunded then and now and may be unavailable to mitigate Wal-mart’s traffic for 8-10 years after the Superstore opened in 2007. Why was Wal-Mart allowed to be built with an unfunded Bypass to mitigate its traffic?
Kudos to Steve Klein and yelmcommunity.org for paying attention
By Christian Hill | The Olympian • Published November 24, 2008
YELM – The city has lost the latest round in an apparent precedent-setting case that will determine when and to what level a city must prove it has the water to serve a planned development.
Yelm Mayor Ron Harding said Friday the city will appeal a ruling that overturns its preliminary approval of five subdivisions totaling 568 homes, townhomes and condominiums.
Superior Court Judge Chris Wickham ruled a condition placed on the preliminary approval of the subdivisions violated state law. The condition allowed the city to wait until someone applied for a building permit to prove it had enough water to serve the proposed development. He determined the city must show that proof earlier in the land-use process.
The final outcome could have statewide implications as cities continue to grow and drinking water becomes more scarce.
Channeler JZ Knight challenged the approval of the subdivisions on the basis the city did not have sufficient water to serve them and that could affect future development of her property.
A hearings examiner had granted preliminary approval of the subdivisions on the condition the city prove it has enough water to serve the development either “at final plat approval and/or prior to the issuance of any building permit.” The City Council upheld his decision in February and Knight appealed to Thurston County Superior Court the following month.
The issues
The court challenge eventually focused on two questions: May the city of Yelm continue the practice of waiting until an individual requested a building permit to provide proof it has enough water to serve the proposed development? What level of proof must be shown?
State law states cities must determine “appropriate provisions” are made for such basic serves as public health, safety and “potable water supplies” before they approve subdivisions. The law fails to define “appropriate provisions” or where in the land-use process that must occur.
Preliminary plat approval of a subdivision allows a developer to grade, install utilities and roads and subdivide the property into lots. Final plat approval allows a developer to sell off the individual lots that will be built on after securing a building permit.
Wickham ruled the city must determine it can provide water to a development at the time of final plat approval. He remanded the subdivisions’ approvals back to the city of Yelm to remove the “/or” in the condition to make it clear the city must prove water at the time of final plat approval.
But it’s also clear from his five-page ruling that he struggled in his decision on whether the city’s determination must be based on proof of a water right held by the city at the time of the final plat approval. He said it’s likely the first time a court has addressed this question.
He wrote it “seems appropriate” to defer that determination on these five subdivisions until their final plat approval.
“If the determination were to be made today on this record, this Court would conclude the City would have to require a showing of approved and available water rights sufficient to serve all currently approved and to-be-approved subdivisions,” he wrote.
Yelm reaction
Yelm city officials said Wickham exceeded his authority by making a ruling on a action that has yet to occur, namely consideration of the final plat approval for the subdivisions.
They argued that, if upheld, his ruling means cities would have to “bank,” or set aside water, even for property that may never develop.
“If it falls on Yelm, it’s going to affect other cities,” City Administrator Shelly Badger said of the ramifications of such a ruling.
Ecology position
The state Department of Ecology, which regulates the public waters in the state, sided with Knight in a friend-of-the-court brief filed in the challenge.
The state agency said it’s important “the cart does not get before the horse” by cities approving subdivisions without securing the water to serve them.
“Having water in place early in the process would also eliminate the possibility of a lot owner’s expectations being dashed and his or her investment being stranded because there is no water to serve the actual lot,” wrote Assistant Attorney General Maia Bellon, representing the agency.
For instance, they point that Yelm gave final plat approval to the first phase of Tahoma Terra, which includes 463 dwelling units. The city has issued 90 building permits after the developer transferred water rights to serve them. But Ecology notes the city doesn’t have the water to serve the remaining lots.
Keith Moxon, the attorney representing Knight, said he was pleased with the decision.
Asked about the city’s intent to challenge the ruling, he responded, “They have the right to appeal and get it sorted.”
Yelm water history
Wickham also ruled the city was pumping more water than it had legal right since 2001 and doesn’t have sufficient water rights to serve the five new subdivisions.
City official countered Ecology has given them several determinations on its legal water right, including an opinion last year that removed about 16 percent of its right. With this uncertainty, they argue the only reliable number is in its 2002 master water plan, which won state approval. The city has stayed within its legal water right using that number plus additional water rights it obtained since that time.
The city has undertaken efforts to conserve water, including using reclaimed water and plugging leaks in its system, and is working with Lacey and Olympia to secure additional water rights from a deep aquifer in the Nisqually basin, Badger said.
In its brief, Ecology noted one reason it was participating in the lawsuit was to prevent possible water rights violations by the city.
The two sides have reached agreement that the city will pump not more than 796 acre-feet this year, a limit Badger said the city is on pace to stay within. That limit would not provide enough water to serve the five subdivisions.
“Our job is to get people in compliance, and they are in compliance to the best of our knowledge. … That’s success for us,” said Tom Loranger, water resources manager Ecology’s southwest regional office.
Christian Hill covers Lacey and Thurston County for The Olympian. He can be reached at 360-754-5427 or at chill@theolympian.com
Loading ...