One of the most serious challenges facing small cities like Mill Creek, is the continued assault on its rights or sovereignty. We are continuing to see aggressive moves by state legislatures to usurp local authority. Never in Washington’s history has the use of preemption been so prevalent in a city’s day to day operations than it is today.
Preemption is the use of state law to restrict or nullify municipal codes or ordinances; and commandeer autonomous authority within its own borders. When preemption is used so broadly, it becomes counterintuitive to the core wants and needs of its community members. Additionally, it becomes a coercive method to substitute state priorities for local policymaking.
From laws to combat drug use to rezoning ordinances, there is no shortage of government actors trying to dictate the future of most of Washington’s small cities, including Mill Creek. They have taken preeminence and used it as a punitive measure to limit local authority, and force feed citizens a progressive social agenda, detrimental to a bedroom community.
During Washington state’s 2023 legislative session, HB 1110 was passed and signed into law April 2023. One of the most aggressive and overly invasive bills to emanate from Olympia, it seeks to undermine local authority and mandate massive population growth and housing density in smaller local communities.
HB 1110 has so many ambiguities that favor the state, it will force every city like Mill Creek to alter its vision, a process that is constitutionally reserved for its local elected councilmembers and its residents. In the past, cities under 25,000 would normally be exempt from initiatives like this, but the state has added several caveats that force even the smallest cities into acquiescence.
We will see if this applies to cities like Medina and Magnolia.
Furthermore, Mill Creek already has a large percentage of high-density dwellings, situated exactly where the city planners had envisioned; and is essentially built out. It provides a substantial amount of low-income housing, including 435 new dwelling units at The Farm and another 200 plus at Vintage in EGUV.
Spot carving additional single-family spaces will most likely destroy the character and charm that past visionaries created; not to mention intrude or harm Mill Creek’s open spaces and riparian areas. Increasing density in a city Mill Creek’s size, only further degrades a community that does not have the resources or infrastructure to sustain them.
Unfortunately for small cities, these state actors are unlikely to slowdown, so it’s up to the cities legislative bodies to develop a robust strategy for dealing with existing and future preemption. Cities must have elected lawmakers willing to utilize its resources to combat government overreach. This includes anticipatory and reactive lobbying, as well as litigation to protect the sovereign rights of its city, and the citizens therein.
This also requires its elected officials be proactive in safeguarding the city’s livability. City elected representatives should not be advocates for the state, state parties, or land development; this is counterintuitive to their oath of office.
If the citizens of Mill Creek wanted more apartments on the golf course, or higher density units in low residential neighborhoods, it should be left for public to debate or an advisory vote of the people, not some fundamentalist bureaucrats in Olympia.
Mill Creek was planned and designed as a bedroom community during its incorporation and continues to grow at a proper pace. In doing so, we have rightfully become the envy of many non-community stakeholders. We have taken a proactive approach on many social issues and have managed a high degree of success, but it will require a steadfast resolve to maintain going forward. ◆
Thank you & God bless you,
Vincent Cavaleri
