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Home My WebLink AboutNtcofPHBoondoggleRoadKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC HEARING STAFF REPORT AGENDA DATE: February 7th, 2017 ACTION REQUESTED: Set a Public Hearing to consider the vacation of portions of Boondoggle Road and East Boondoggle Road unused right of way. BACKGROUND: On November 22nd 2016, Kittitas County Public Works received a request from Robert L. Bailey, authorized agent for petitioners: Dwight Watson, John A. Hamel, Chad T. Hamel, and Linda A. Ammons to vacate portions of Boondoggle Road and East Boondoggle Road. These roads within the public rights of way are privately maintained and no public expenditures have been made on them. On September 1St, 2015 a public hearing was held to consider the vacation of portions of Boondoggle Road and East Boondoggle Road unused right of way, followed by a closed record meeting to consider a plat amendment to the 1973 Teanaway Wagon Wheel Plat. Both requests were denied as it was found the requests were not allowed within County Code because the plat amendment would require the lots to meet current lot standards. The intent of this road vacation is to vacate portions of unused right of way of Boondoggle Road and East Boondoggle Road following a previously approved Boundary Line Adjustment to the 1973 Teanaway Wagon Wheel plat (BL -16-00009) dated September 9th, 2016. This plat created Boondoggle Road and East Boondoggle Road as privately maintained roads within public right of way. However, the legal description on the plat does not correctly define where the roads are physically located. The approved Boundary Line Adjustment correctly describes the actual placement of these roads within public right of way and the road vacation will remove the public rights of way that are not needed for adequate public access. Public Works Department is coordinating this road vacation with Community Development Services, the approving authority for the Bound Line Adjustment. INTERACTION: Public Works, Community Development Services, Robert L. Bailey (authorized agent for petitioners), and petitioners: Dwight Watson, John A. Hamel, Chad T. Hamel, and Linda A. Ammons. RECOMMENDATION: Set a Public Hearing For March 7th, 2017 at 2pm to consider the vacation of a portions of Boondoggle Road and East Boondoggle Road unused right of way. HANDLING: Return signed copy of public hearing notice to Public Works ATTACHMENTS: Public hearing notice Road Vacation Application Boundary Line Adjustment Final Approval Commissioners' Minutes September 1st, 2015 LEAD STAFF: Lucas Huck, County Engineer Page 1 of 1 Public Notice Kittitas County, Ellensburg WA The Board of Kittitas County Commissioners will meet at 2:00 pm on March 7, 2017 in the Commissioner's Auditorium located at the Kittitas County Courthouse, 205 W. 5th, Room 109, Ellensburg, Washington to consider the Vacation of portions of Boondoggle Road and East Boondoggle Road unused right of way. More information is online at http://www.co.kittitas.wa.us/notices/. Clerk of the Board Publish: Daily Record: 02/16/2017; 02/23/2017 North Kittitas County Tribune: 02/16/2017; 02/23/2017 file:///C:/TJsers/candie.leader/Downloads/newspaper-text°/`20(19).html 1/30/2017 Page 1 of 1 For more information, contact Public Works Anyone with an interest in this matter is urged to attend said hearing where all testimony will be taken. Written comments may be received at 205 W 5th Ave. STE 108, Ellensburg, WA 98926 at or prior to the hearing. Kittitas County complies with all ADA requirements. file:///C:/Users/candie.leader/Downloads/www-text%20(18).html 1/30/2017 f `PSCPDEi., 7.'R p 9 X-KX=ZTAIS COUNTY DEPARTMENT OF PUBLIC WORKS 10MTAS N Mark Cook, Director ROAD VACATION APPLICATION Pursuant to KCC 12.22 NON REFUNDABLE FEE - $2,000.00 CGI&CO t 17 -7 REQUIRED ATTACHMENTS: n_ 4 OW • Map(s) and document(s) of proposed road vacation (see Instructions for further qeta4l • Map(s) showing land owned by each petitioner. x: "° w FOR STAFF USE ONLY: NOV 1 APPLICATION RECEIVED BY: DATE: t r,DATE $1-AMP'HERE The following landowners (freeholders that reside in the county road vicinity) petition Kittitas County to vacate and abandon the following county road or portion of county road: g.�'X�N06G( Road Name: EAST F3G17NDo44LE ec4y, beginning at: 1EQ Anr%j�t t;> DppWiFI4 S War. C>0 W4 Eu- PLAT /tA i DDtE Fa2K-('E,M..rq�U,a ending at: Tax parcel number(s) adjacent to proposed road vacation: 1. List of petitioners (attach additional sheets as needed): Name: Jt; F4" f3u-rc 5 Mailing Address: 3446 -DQ& 'O-VV,A'-( /141VV'L.E t=o2K LcrTz.&, SLK i City/State/Zip: cL=L1W' \V,c,-T 0q'2z Day Time Phone: Scxy 24-v izl� Email Address: I certify that l am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. l further certify that I possess the authority to undertake the proposed activities. Petitioner: 411 North Ruby Street, Suite 1 Ellensburg, WA 98926 Last Revised on July 8, 2016 Page 1 of 3 Date: ►1- l�o')Lo TEL: (509)962-7523 FAX: (509) 962-7663 Dept. of Public Works Name: CHAr>T 1 L4 A L Lois �l - t2 r3� Gc 5 Mailing Address: 344, IE 4Naw4Y ivt I Vi � City/State/Zip: CLZztUM, WA g892Z Day Time Phone: SDg 26o IZIo Email Address: I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. 1 further certify that 1 possess the authority to undertake the proposed activities. Date: 1(-I(o-1(P Name: D\\hG>_l-T wATSorJ Laf5 tS-I -i7 gLK5 Mailing Address: 26425 5 Fbg"e- SVA,.[ LOT 6 QL-KZ City/State/Zip: 1-11-4NWccxD,WA g26o36- Day Time Phone: Email Address: I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. l further certify that I possess the authority to undertake the proposed activities. Sign ur of Petiti er: Date: X � U� Name: L r N D A A /AMMO u S L -c iT to 3LKS Mailing Address: _ 125Z& W 5"LA 2t< DIZn/E City/State/Zip: SWJ C WEST AZ 815375 Day Time Phone: Email Address: I certify that l am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. 1 further certify that I possess the authority to undertake the proposed activities. Signature of Petitioner: Date: 411 North Ruby Street, Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Page 2 of 3 Dept. of Public Works 2. Authorized agent, if different from petitioner(s): Agent Name: Fr�F- :T L . P t LC'( P16 `(743 Mailing Address: 4Zv\ AVII `>7o — G(,E tLi , SVA `i5fl2.2 City/State/ZIP: Day Time Phone: FIbJ 4-72 7017 Email Address: 5005 LLC- @ C3ma< <• cGwt 1 certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. Signature of Authorized Agent: Date: ��y 2cr6 3. Narrative project description (attach additional sheets if needed): iZFMrZ--Ta N1NI PAt.E MsMOC,6"OU A DA -NFD JUNE 23Vcn5� 0.tTAcu�� — M6)"0rZ tJPLW kS RUM r 4V5'r+r-lE \qDU4V%&LJ PIAL WE(Z l(I To KAN(LEE� N+� A(a A,`( GDS - TNEMfMo2SN`Jr1.41 5-YCPL61xiS I'VVE RE its PeNlctccubfLS Iu AArt6lGRrig1 4 �S orilw 4. Why the county road (or portion of county road) is useless as part of the county road system (attach additional sheets if needed): 5. How will the public benefit by this proposed vacation and abandonment (attach additional sheets if needed): 411 North Ruby Street, Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Page 3 of 3 DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: Kaycee Hathaway, CDS /� (�/` FROM: Christina Wollman, Planner III V DATE: June 23, 2015 SUBJECT: Wagon Wheel Plat Amendment LP -14-00001 Kittitas County Public Works supports the proposal to vacate and amend roads within the Teanaway Wagon Wheel Plat. While the lot sizes may be non-compliant with current zoning regulations, the plat amendment solves issues that have needed resolution for many years, including roads outside of the right of way and houses constructed within the right of way. See Attachment 1 for a map showing the road system. Applicability to Road Standards This development application is not creating any new parcel or roads. It is only moving the rights of way, changing parcel lines and two lots are being combined, resulting in a decrease in the number of lots than currently exists. The Kittitas County Road Standards require developments which impact the service level, safety or operation efficiency to improve serving roadways in accordance with the Standards, and requires land developed or parcel creations that contain internal roads to construct or improve those roadways to the Standards. Because there will be no change in the ability to develop the existing parcels, and no new lots are being developed, Public Works will not require the roads to be constructed to current standards. DEDICATION Plat History KNOW All MEN BY THESE PRESENT: Thai &9 „y (s/a+., wL�. [ c. o Washirptan Corisaw ian, the undersigned owner m e e n ,i re•�; does hereby declare, subdivide and pint m twain slesorlbed, and "eats to the use, of the public The Teanaway Wagon forever off roods, prows, ovenuw, alleys, ploces eosmnents, or whomever pubiie property shown themon which shall be maintained by a private non -pont corporation. The cosh of construction, maintaining Wheel Plat was signed and crow, removal of all roads, sheen, and oiler within this plot and all access mor& to this plot shall b Gordon Blossom, be the obligation of a non-profit corporation composed of all the cement of the Ion of the pie and of any Y oddkional plats that may be served by these mads, shmen, and alleys. In the event that the matters of County Engineer, On wry of the lob of this plot or any additional plots shell petition the County Cenminhsmn tm include the wads in the county road system, it is undebtemd that the met shall first be Will up to minimum eouny November 19, 1973. standards by said non-profit corporation. The County Commissioners approved the plat on November 26, 1973. The plat was recorded on November 29, 1973. IN WITNESS WHEREOF, We hove home to set con herds and seal this OY,day of D. 1077, MWA Figure 1: Teanaway Wagon Wheel Plat Road Dedication Page 1 of 4 411 N. Ruby St. Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Boondoggle Road The plat contains many privately maintained roads within the public right of way. One of the roads in question, Boondoggle Road, has always been a privately maintained roadway. It is unknown whether the road was constructed before or after the plat. Aerial photographs from 1964 do not show the road, and the next set of photos to show the area is 1993. Boondoggle Road does not lie within the dedicated public right of way, and all users must travel over private property. The road serves around 30 properties. Two solutions exist to fix the Boondoggle Road location problem: moving the road or moving the right of way. Moving the right of way is the preferred alternative to Public Works. After the right of way is moved, all properties will have legal access. Figure 2: Boondoggle Road Dedication and Vacation. Dedication shown in green, vacation shown in Orange. Boondoggle Road is currently within the green area. Eastern Road VAS: L»I» owaA •2iFb �o• w wn� OILgLL li4 pq Vl,LiF -9 L9 L4 YIISQO IiL 1yR�L �JL —ItA , _' i coy Ci 4 This plat amendment also includes the dedication of a 50' right of way which is currently unnamed through lot 18 (hereafter referred to as the "Eastern Road"). All rights of way within the plat, except for the north -south portion of Boondoggle Road, are 50' in width. During a plat amendment and vacation process in 1996, the BOCC approved the proposal to include a 50' right of way for the Eastern Road through Lot 18. The road within the 50' ROW was required to be constructed as a 22' gravel road. Unused portions of public ROW would be vacated. The plat amendment had a three year expiration date. The proposal P-96-04 was approved through Resolution 96-195 Preliminary Approval Plat Alteration & Road Vacation Teanaway Wagon Wheel (Attachment 2). In July 1998, the subdivision's Road Maintenance Committee met and agreed to assess the affected lots to pay for the road upgrade. In October 1998, Fire Marshal Derald Gaidos visited the site and noted that as soon as more gravel is added to the surface "the road should be as required" (Attachment 3). It is Page 2 of 4 411 N. Ruby St. Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 G:\Eng\Development\Plat Amendments\Teanaway Wagon Wheei\LP-14-00001 Teanaway Wagon Wheel Amendment Comments.doc Dept. of Public Works unknown what transpired between October 1998 and December 1999 when the project proponent was notified that the project �•od-, had expired. +s The Eastern Road serves about seven parcels, but the north -south W WT M •_ �., portion crosses over private property. This plat amendment and ffi p dedication of public right of way will create legal access for those properties. .Rf. ff lD„1 w 19*4 k'S After the vacation, plat amendment and easement and public } right of way dedication, all lots within the plat will have legal access. 0600Figure 3 (left): Eastern Road dedication, shown in green. :l pw: *wn f � ICI Iv C i Figure 4 (below): Lots involved in the road vacation. Vacated right ;. of way shown in orange. Hammerhead dedication shown in green. Pw mm; WT IM i n,rsx Lot 6,12,14,15, 16, and 26 Road Vacation With the configuration of Boondoggle Road and the Eastern Road, the right of way within Lots 6, 12, 14, 15, 16 and 26 is no longer necessary. The plat amendment includes vacation of the right of way adjacent to those lots. In addition, the house on parcel 837335 is within the right of way and the vacation will put the house within the boundaries of the property instead. See Attachment 4. The spur road shown as West Boondoggle Road on the submitted drawings retains and dedicates right of way for a hammerhead turnaround. Page 3 of 4 411 N. Ruby St. Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 G:\Eng\Development\PlatAmendments\Teanaway Wagon Wheel\LP-14-00001 Teanaway Wagon Wheel Amendment Comments.doc Dept. of Public Works Lot 15 and 26 Access A boundary line adjustment is proposed after the plat amendment is completed that will provide each lot with direct access to the dedicated public right of way. Prior to the boundary line adjustment, lots 26 and 15 do not have direct access to the dedicated public right of way. Because all lots must have legal access, temporary easements will be shown on the plat with a note stating they will be relinquished at such time that each lot has direct access to the dedicated public right of way or a legally recorded easement in a different location. The intention is to allow the temporary easements to be relinquished without requiring another plat amendment. See Attachment 5. I BLOCK 5 9I ry m N f - o:. a N CJ • I. W 0.45A N ' 65.00' in Resldgiic . (7157 S6y76, �, .,.. C1:.;:::a Cq F CZ O_ eg79J I p8 a1� C5� A a SJ IT 24 1'1 PARCEL 637335(252 63� t ..�� ia6y011' o LDT 25 BLOCK I ro,09° 0 ORIGINAL 0.47A N y LOT 25 +0.14 3 + BLOCK 2 �9 M,RISTEO 0.61A n n PARCEL 647335 J HAKEL LOT 6 z�^. ORIGINAL 0.52A z +0.10 Figure 5: Temporary access easements shown in yellow to serve Lot 26 and Lot 15. Summary Kittitas County Public Works recommends approval of this plat amendment and road dedications in conjunction with a road vacation. Page 4 of 4 411 N. Ruby St. Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 G:\Eng\Development\PlatAmendments\Teanaway Wagon Wheel\LP-14-00001 Teanaway Wagon Wheel Amendment Comments.doc (- ATTACHMENT 2 HOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. !�� PRELIMINARY APPROVAL PLAT ALTERATION & ROAD VACATION TEANAWAY WAGON WHEEL WHEREAS, according to Kilthas County Code Chapter 16, relating to the Subdivision of Land, adopted pursuant to RCW 58.17, a public hearing was held by the Kittitas County Board of Commissioners on November 19, 1996 and November 26, 1996 for the purpose of considering the alteration of a subdivision, known as Teanaway Wagon Wheel and described as follows: A portion of the Teanaway Wagon Wheel Subdivision located south of Middle Fork Teanaway Road, within the S1/2 of Section 26, T21 N, R15E, WM; Described as Divisions 1, 2, and 5 of the Teanaway Wagon Wheel Subdivision, Recorded in Book 6 of Plats, Pages 30-43, Records of Kit itas County, Washington, and, - WHEREAS, testimony was taken from those persons present who wished to be heard; and, WHEREAS, due notice of the hearing had been given as required by law, and the necessary inquiry has been made into the public interest to be served by such platting; and, WHEREAS, the following FINDINGS OF FACT have been made concerning the proposed plat alteration: 1. A written replat application containing the signatures of the majority of property owners pursuant to RCW 58.17.215 was submitted to Kittitas County on August 28,1996: 2. The Board of County Commissioners finds that the Kittitas County Department of Public Works has reviewed and concurs with the submitted storm water impact report, and that said report indicates no adverse impacts to storm water conveyance will result from the proposed plat alteration. 3. The Board of County Commissioners finds that existing site conditions preclude the continued use of the existing public right-of-way. The Board therefore finds that the public interest will be served by the internal road configuration of the proposed plat alteration. 2. The Board of County Commissioners finds that the IGifitas County Road Standards Ordinance requires that the proposed and existing access roads be improved to a 28 foot wide bituminous surface. The Board also finds that a variance from this requirement may be reasonably justified. A. The Board finds that the Teanaway Wagon Wheel Subdivision was platted prior to the adoption of the Kittitas County Road Standards, and that the proposed plat alteration involves the relocation and construction of an existing privately maintained public roadway. B. The Board. finds that the existing and proposed 16 foot wide gravel surfaced private access roads are inadequate for emergency vehicle access and that a 22 foot wide all weather road surface is necessary in order to ensure emergency vehicle access. NOW THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Khtitas County, Washington, that said plat alteration and fifty (50) foot wide public. road right-of-way vacation designated as Teanaway Wagon Wheel be, and the same hereby is, approved subject to the following conditions: 1. The petitioners shall prepare and submit a revised final plat to include drawing and on-site survey revisions in accordance with the County Subdivision Code as determined by the Planning Director. 2. The petitioners shall construct a twenty-two (22) foot wide all weather gravel surface access road from Middle Fork Teanaway Road to the eastern boundary of Divisions 2 and 5, as depicted on the submitted revised drawing, prior to final plat approval. Said road shall be constructed within a fifty (50) foot wide public right-of-way. A paved apron shall be constructed from the edge of the County Road to the edge of the County tight -of -Way. A cul-de-sac with a minimum forty-five (45) foot radius shall also be constructed at the terminus of said road. 3. Future direct access onto Middle Fork Teanaway County Road will not be permitted, and access shall therefore be limited to the following: The petitioners shall construct a twenty-two (22) foot wide all weather gravel surface road from the aforementioned proposed access road to the southeast comer of Lot 14 (Block 5) to provide access to Lots 14, 15, and 16 (Block 5) prior to final plat approval. Said road shall be constructed within a forty (40) foot wide easement. A properly sized culvert shall be installed at the southwest comer of Lot 15 (Block 5) to minimize restriction of the existing overflow channel and ensure high water conveyance. 4. The maintenance of the aforementioned access roads shall be the responsibility of a private association comprised of the property owners served by said roads. The petitioners shall provide documentation of said road maintenance association prior to final replat approval. 5. The residual portion of Lot 17 (Block 5) shall be aggregated with Lot 16 (Block 5). The lot lines of those lots abutting the proposed internal road vacation shall be adjusted to the center of the existing fifty (50) foot wide public right-of-way. ADS 130Hiss day Ao r, 1996. _ppola f the Board Wry'rywP5 APPROVED�AS 1iF_TMPNLY: ice• GregoryL. Tempel; Prosecuting Attomey WSBA ;19125 KITTITAS COUNTY BOARD of COMMISSIONERS RayeloKaimersan Donald E. Sorenson, Commissioner Mary Seube Commissioner Klttltas Count ATTACHMENT 3 Department of Building & Fire ,.Safety 507 Nanum Slree4 Room 2, Ellensburg, WA 98926 Telephone (509) 962-7694 Fax (509) 962-7682 Date: October 22, 1998 To: Randy Carberry, Public Works From: Derald Gaidos, Fire Marshal RE: Teanaway Wagon Wheel RePlat After doing a site visit I have the following comments: The road as it is presented at the site will work with more material, all season, being added to the surface of the road and at the cul-de-sac. As soon surface is completed the road should be as required. For a Fire Safe Kittitas County Derald Gaidos TEANAWAY WAGON WHEEL PLAT MIGIF-PAP 80amPliC6 A E rsoamF.Gtae'R PoYkm cf&odx L 2 S b Pork o/ My 5£&M- SMWI, AV' ..- RWLffd' 574 I Rl3 W Bok 6 OPbk P c Jo - a Rn 0/X1 W Cowin Na Pm IS7J aw r SCStF 4 mVga¢PSuem amrim ewe a4.� (y Id n.eo wv�♦ w wOyy'riw ho Wn�i u eY w www qa a aii u 'O' .ae mw -w �... F-�.rs•� T.qi WYV WPYWq Z .n .mOI�N WN �MIMM c_ L. aae nw awn.n.e:.oPm vuPmw.cm.an �- t ATTACHMENT4 MORMEM .P�wa nY.no� mrwmmoP.em me: 09 (NO'49'08-W) 672.48' 72:0 > 7 .2- 0 Z (NO50*25"W) 525.55' 62.15 135.08' 493.16. 0 > 8 00 IV p0 > 0 354.16- 4' 25' 25' D4.24 20cn ' (NO'38'49'W) (178.88) 26.62"1*..-- 1 (617.77') A + pp (NDl51'16'W 679.76') + 26.85' f v. z P� (ND -51 -W - p t! o sl P p M sip U� RIC,"J'A E.QT JNE Of W-. IF, - - - - - - - - - - - - ND*52'22'W 409.05' + 25.30' z Cj E A S T J3 0 0 N D 0"G GOE ROAD > 0 > z 808's LLC m PROFESSIONAL LAND SURVEYING 4201 HWY.970, CLE ELUM, WA 98922 509 674 5551 1-1101� KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@CO.K1T7ITAS. WA.US Office (509) 962-7506 Rr,m,D,�ro 'Building Partnerships— Building Communities" Fm(509)962-7682 September 9'h, 2016 Robert Bailey 4201 Highway 970 Cie Elum, WA 98922 Dwight Watson 20425B Poplar Way Lynwood, WA 98036 Linda A. Ammons 12526 W Skylark Dr Sun City West AZ 85375 RE: Bailey Boundary Line Adjustment (BL -16-00009) Map Number 21-15-26050-0511 Parcel 587435 Map Number 21-15-26050-0510 Parcel 577435 Map Number 21-15-26050-0512 Parcel 657435 Map Number 21-15-26050-0514 Parcel 667435 Map Number 21-15-26050-0126 Parcel 837335 Map Number 21-15-26050-0515 Parcel 677435 Map Number 21-15-26050-0516 Parcel 687435 Map Number 21-15-26050-0517 Parcel 697435 Map Number 21-15-26050-0206 Parcel 847335 To all concerned, Chad T and John A. Hamel 3440 Teanaway Middle Fork Cie Elum, WA, 98922 Kittitas County Community Development Services has reviewed the proposed boundary line adjustment and hereby grants final approval to the referenced application. Pursuant to Kittitas County Subdivision Code Chapter 16, please note the following items involved in completing the process: 1. Please refer to the attached Kittitas County Public Works and Fire Marshall's Memos for additional information. 2. Final packet has been submitted to the Assessor's Office on September 9ih, 2016 to finalize the boundary line adjustment. If you have any questions or need assistance, please contact our office at 509-962-7079. Sincerely, Dusty Pilkington Planner I Kittitas County Community Development Services 411 N Ruby St # 4, Ellensburg, WA 98926 (509)-962-7079 dustv.oilkin tq on(nco kittitas.wa.us COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT • FIRE INVESTIGATION COMMISSIONERS' MINUTES KITTITAS COUNTY, WASHINGTON COMMISSIONERS AUDITORIUM SPECIAL MEETING TUESDAY 2:00 P.M. SEPTEMBER 1, 2015 Board members present: Chairman Gary Berndt, Vice -Chairman Obie O'Brien, and Commissioner Paul Jewell. Others: Julie Kjorsvik, Clerk of the Board; Judy Pless, Budget & Finance Manager; Jerry Pettit, Auditor; Mark Cook, Public Works Director; Kaycee Hathaway, Staff Planner; Lindsey Ozbolt, Staff Planner; Neil Caulkins, Deputy Prosecutor; Christina Wollman, Staff Planner; Roy Chance, Construction Manager.; and B members of the public. PUBLIC HEARING CDBG - WATER DISTRICT #7 AUDITOR At 2:00 p.m. CHAIRMAN BERNDT opened a Public Hearing to consider the final project performance on the Kittitas County Water District #7 Water System Plan Update, funded by the Community Development Block Grant (CDBG). JUDY PLESS, BUDGET & FINANCE MANAGER explained how Water District #7 was awarded a Community Development Block Grant through the Department of Commerce in the amount of $24,000.00 for an update to their water system plan. She indicated the project has been completed and recommended that the Board of Commissioners approve the Closeout Performance Report. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. REPORT CDBG - WATER DISTRICT #7 AUDITOR COMMISSIONER O'BRIEN moved to approve the Closeout Performance Report for the Community Development Block Grant Contract No. 13- 65400-039 and to authorize the Chair to sign the Beneficiary Summary Page upon submission. COMMISSIONER JEWELL seconded. Motion carried 3-0. PUBLIC HEARING NOEL COMMUNICATIONS, INC. PUBLIC WORKS At 2:07 p.m. CHAIRMAN BERNDT opened a Public Hearing to consider a Countywide Franchise Agreement with Noel Communications, Inc. ROY CHANCE, CONSTRUCTION MANAGER reviewed a proposed Countywide Franchise Agreement with Noel Communications, Inc. He said the 09,01,2015 MINUTES OPINED q-t5- Franchise would facilitate a planned project providing services from the Ellensburg City limits to a point on Manastash Road located approximately 2700 feet west of the intersection with Strande Road. He recommended approval of the agreement. The applicant explained the public benefits of the Agreement. MR. CHANCE said the Agreement would facilitate the applicant a right to have infrastructure, noting each project would be subject to review by the County Engineer to ensure there are no conflicts. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. AGREEMENT NOEL COMMUNICATIONS, INC. PUBLIC WORKS COMMISSIONER O'BRIEN moved to approve a Non -Exclusive Franchise to Use County Roads, Rights -of -Way and other County property within Kittitas County with Noel Communications, Inc. COMMISSIONER JEWELL seconded. Motion carried 3-0. PUBLIC HEARING TODD FORGEY - CLEMAN ROAD PUBLIC WORKS At 2:19 p.m. CHAIRMAN BERNDT opened a Public Hearing to consider an Irrigation Franchise Agreement with Todd Forgey along Cleman Road. ROY CHANCE, CONSTRUCTION MANAGER reviewed a proposed Franchise Agreement with Todd Forgey for the installation of an irrigation pipe along Cleman Road. He said it would be for approximately 400 feet of 12 -inch PVC pipe buried under the ditch line and subject to review, approval and oversight by the Kittitas County Engineer. He noted that Mr. Forgey was unable to attend the hearing due to a conflict. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. AGREEMENT TODD FORGEY - CLEMAN ROAD PUBLIC WORKS COMMISSIONER O'BRIEN moved to approve a Non -Exclusive Water and/or Sewer Franchise to Use County Roads, Rights -of -Way and other County Property within Kittitas County with Todd Forgey. COMMISSIONER JEWELL seconded. Motion carried 3-0. PUBLIC HEARING AIRPORT LEASE - LOT C-31 PUBLIC WORKS At 2:30 p.m. CHAIRMAN BERNDT opened a Public Hearing to consider Leasing Lot C-31 of the Kittitas County Airport Binding Site Plan. 09/01/2015 MINUTES 2 MARK COOK, PUBLIC WORKS DIRECTOR reviewed a request to lease Lot C- 31 (1.09 acres - 47,480.40 Sq. Ft.) at the Kittitas County Airport Binding Site Plan. The proposed Lease Agreement would be with Precision Ag Repair beginning September 1, 2015 through August 31, 2020. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. LEASE PERCISION AG REPAIRT - LOT C-31 PUBLIC WORKS COMMISSIONER O'BRIEN moved to approve a Lease Agreement between Kittitas County and Precision Ag Repair for Lot C-31 of the Kittitas County Airport Binding Site Plan, 1.09 Acres - 47,480.40 Sq. Ft. COMMISSIONER JEWELL seconded. Motion carried 3-0. PUBLIC HEARING VACATION - BOONDOGGLE ROAD PUBLIC WORKS At 2:37 p.m. CHAIRMAN BERNDT opened a Public Hearing to consider a request to vacate portions of Boondoggle Road and East Boondoggle Road's unused Right -of -Way. He announced that he recused himself from the Closed Record Meeting previously in the day at the Agenda Session, relating to Wagon Wheel Plat and therefore he would recuse himself again. The meeting was turned over to Commissioner O'Brien. CHRISTINA WOLLMAN, STAFF PLANNER reviewed a proposed vacation of portions of Boondoggle Road and East Boondoggle Road, unused Right - of -Way. She explained how the legal description on the plat does not correctly define where the roads are physically located. The proposed plat amendment would correctly describe the actual placement of the roads and the road vacation would remove the public Rights -of -Way that are not needed for the public roads. The Public Works Department is coordinating the road vacation with the Community Development Services, who are processing the Teanaway Wagon Wheel plan. The road vacation and plat amendment application are being processed jointly to ensure that the Teanaway Wagon Wheel plat maintains legal access to all of its lots. BOB BAILEY, SURVEYOR FOR THE PROPONENTS encouraged the Board to approve the request to vacate a portion_ of Boondoggle Road and East Boondoggle Road. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. COMMISSIONER JEWELL said he understood Staff's position but didn't believe the request is allowed within County Code. He understood the problems with the project but they needed to follow County Code. He lest the County Code would need to be changed to allow for any exceptions to be made. COMMISSIONER O'BRIEN agreed the County Code did not allow the Board any options to approve their request. MARK COOK, PUBLIC WORKS DIRECTOR said the Board could leave it as an open request and allow the applicants to go through Superior Court and 04/01/2015 MINUTES 3 then if they had a favorable action, the County could come behind and vacate, only if the applicant chose to go that route. NEIL CAULKINS, DEPTUY PROSECUTOR said he was not aware of any provisions within the vacation statute stating that decisions must be made. COMMISSIONER O'BRIEN moved to deny the request for a Vacation of the unused Right -of -Way. COMMISSIONER JEWELL seconded. COMMISSIONER JEWELL said he hoped to find a solution for application was doomed from not allowed in County Code. Motion carried 2-0. empathized with the applicant and had them but he could not. He felt the the beginning as the requirements are CLOSED RECORD MEETING WAGON WHEEL PLAT AMENDMENT The Closed Record Meeting continued from the 10:00 a.m. Agenda Session was opened. CDS COMMISSIONER JEWELL moved to deny the Wagon Wheel Plat Amendment (LP -19-00001), instruct Staff to prepare enabling documents, adopting the Hearing Examiners Findings of Fact, Conclusions of Law. COMMISSIONER O'BRIEN seconded. Motion carried 2-0. Meeting adjourned at 3:05 p.m. CLERK OF THE BOARD KITTITAS COUNTY, WASHINGTON 3 _ ulie, 'orsvik 09/01/2015 MINUTES a Gary Be dt, Chairman