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HomeMy WebLinkAbout2020-01-27-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday January 27, 2020 - 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Request to Approve a Resolution to Authorize the Formulation of the Upper Kittitas County Traffic Committee 3. Council of Governments 2020 Public Facilities Update 4. Unpermitted Fill in County Right of Way 5. Coleman Creek Fish Passage Project at Vantage Highway 6. ELN Lease Tenn - Maximum Length in County Code 7. Other business 8. Adjourn Created on 1/24/2020 7:51:11 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG Regular Meeting MONDAY 1:30 PM JANUARY 27, 2020 Board members present: Chairman Brett Wachsmith, Vice -Chairman Laura Osiadacz, Commissioner Cory Wright Others: Mark Cook, Candie Leader, Public Works; Two (2) Members of the Public At 1:30 pm Chairman Brett Wachsmith opened the Public Works Study Session. REQUEST TO APPROVE A RESOLUTION TO AUTHORIZE THE FORMATION OF THE UPPER KITTITAS COUNTY TRAFFIC COMMITTEE Mark Cook gave background on the Upper County Traffic Task Force and the expectations of the task force when it was first formed. Mark Cook continued that ongoing traffic congestion issues lead to a traffic model being performed. Mark Cook added that the outcome of the modeling showed that the issue was not locally driven and the need for a third lane on I-90 was apparent. Mark Cook stated that safety improvements in this corridor should be implemented and discussion lead to the Board of County Commissioners directing staff to form an official committee to address ongoing issues. Discussion was held. Vice -Chairman Laura Osiadacz made a motion to approve Resolution 2020- 018 authorizing the Formation of the Upper Kittitas County Traffic Committee. Commissioner Cory Wright seconded the motion. Motion passed 3-0. COUNCIL OF GOVERNMENTS 2020 PUBLIC FACILITIES UPDATE Mark Cook stated that recently the Council of Governments (COG) gave recommendation to award the Sales and Use Tax for the remaining projects. Mark Cook commented that Kittitas County Chamber of Commerce and Ellensburg Business Development Authority, dba CenterFuse were awarding funds for the funding of employees. Mark Cook continued that COG disqualified three (3) projects and recommended funding the remaining. Mark Cook added that after review COG awarded funds that were not available after awarding the two entities funds previously. Mark Cook added that further discussion was had related to the policies adopted by COG for reporting on projects and the lack of reporting being submitted for processing. Mark Cook reported that at the COG meeting in January no recommendation on awarding additional funds was made and it will be decided at the February meeting. Discussion was held. At 1:45pm Vice -Chairman Laura Osiadacz excused herself to attend 2020-01-27 MINUTES another meeting. UNPERMITTED FILL IN COUNTY RIGHT OF WAY Mark Cook reported that staff was noticed by Kittitas County Water District No. 6 that a large berm was placed along Sunlight Drive on the main water service for the Sunlight Waters community. Mark Cook stated that staff surveyed the area and that fill was placed four hundred (400) feet into county road right of way. Mark Cook continued that the owner of the parcel where the berm was constructed was noticed of the infraction and was given until May 15, 2020 to remove the material or Public Works staff will begin the removal and invoice the property owner. Discussion was held. COLEMAN CREEK FISH PASSAGE PROJECT AT VANTAGE HIGHWAY Mark Cook gave background on the project stating that the project is at thirty percent (30%) design and is being funded by the Brian Abbott Fish Barrier Removal grant with a fifteen percent (15%) match by Public Works. Mark Cook stated that last week staff met with a property owner in the project area to discuss the relocation of the driveway entering the property owner's residence. Mark Cook added that the driveway is paved, has pillars and a gate that is located within county road right of way. Mark Cook stated that the property is requesting the creek be realigned so the driveway does not have to be relocated. Discussion was held. ELN LEASE TERM - MAXIMUM LENGTH IN COUNTY CODE Mark Cook stated that he recently had discussion with Neil Caulkins, Prosecuting Attorney, on lease terms for property at Bowers Field. Mark Cook continued that a lessee is requesting a seventy-five (75) year term for a private hangar however, Washington State law states that a lease term at that length requires the lease to contribute to the aviation community. Mark Cook added that staff offered a fifty (50) year term but it was declined. Mark Cook stated that Kittitas County Code reflects a thirty-five (35) year term for leases and is looking for direction on how to move forward. Discussion was held. Direction was given to hold on drafting a lease for the property and start the process to amend county code after receiving a better legal understanding on Washington State language. Meeting adjourned at 2:00 pm 2020-01-27 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2020 -_CAB FORMULATION OF THE UPPER KITTITAS COUNTY TRAFFIC COMMITTEE WHEREAS: The Kittitas County Board of County Commissioners (BOCC) declared all boards and committees operating under the direction of the Board of County Commissioners subject to open public meeting act requirements in Resolution 2017-153; and WHEREAS: The BOCC did give Public Works direction to formulate the "Upper County Traffic Task Force" in 2018 responding to ongoing speeding and congestion issues in Upper County; and WHEREAS: The Upper County Traffic Task Force and the BOCC desire formalizing the duties, membership and obligations of the Task Force creating a committee serving under the Board of County Commissioners; and WHEREAS: The BOCC desires staffing the committee with six at large members and that the committee be chaired by the District Two Commissioner; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby formulate the Upper Kittitas County Traffic Committee. DATED this 27th day of January 2020, at Ellensburg, Washington. `O "fit 11111111 \�y GpN1M I Sg�O.V'', o ; Attt e ;LtJAnerk—bTt} ard- Julie Kjorsvik i'k of the Board- Mandy Buchholz T�% ti 11 k— BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Cory Wrig , ommissioner KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS STUDY SESSION STAFF REPORT STUDY SESSION DATE: January 27, 2020 ACTION REQUESTED: Request to Approve a Resolution to Authorize the Formulation of the Upper Kittitas County Traffic Committee BACKGROUND: In 2018, the Board of County Commissioners formulated the Upper County Traffic Task Force. In late 2019, the Prosecuting Attorney's Office determined that the Task Force did not meet the County's test for committee status. Recognizing the need and desire to continue the work of the group, the Board has directed staff to formulate the group as a committee of the Board. The District Two Commissioners will chair the committee. Six at large members will be appointed to the committee by the Board Of County Commissioners under a separate action. INTERACTION: Public Works RECOMMENDATION: Approve the Resolution to Authorize the Formulation of the Upper Kittitas County Traffic Committee. HANDLING: Return one original to Public Works. ATTACHMENTS: Resolution LEAD STAFF: Mark R. Cook, Director BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2020 - FORMULATION OF THE UPPER KITTITAS COUNTY TRAFFIC COMMITTEE WHEREAS: The Kittitas County Board of County Commissioners (BOCC) declared all boards and committees operating under the direction of the Board of County Commissioners subject to open public meeting act requirements in Resolution 2017-153; and WHEREAS: The BOCC did give Public Works direction to formulate the "Upper County Traffic Task Force" in 2018 responding to ongoing speeding and congestion issues in Upper County; and WHEREAS: The Upper County Traffic Task Force and the BOCC desire formalizing the duties, membership and obligations of the Task Force creating a committee serving under the Board of County Commissioners; and WHEREAS: The BOCC desires staffing the committee with six at large members and that the committee be chaired by the District Two Commissioner; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby formulate the Upper Kittitas County Traffic Committee. DATED this 27th day of January 2020, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman Laura Osiadacz, Vice -Chairman Cory Wright, Commissioner KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS —BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: January 27, 2020 TOPIC: Council of Governments 2020 Public Facilities Update ACTION REQUESTED: No Action is Requested LEAD STAFF: Mark R. Cook RECOMMENDATION: No action is requested. BRIEFING SUMMARY: • The Board of County Commissioners (BOCC) recently directed Public Works engage the Council of Governments (COG) on issues surrounding COG's 2020 Public Facility Fund (PF) recommendations of grant award. • At the COG January 15, 2020 meeting; project status and grant reporting was discussed. • COG voted to recommend to the BOCC that current grant reporting requirements not apply to projects approved prior to policy adoption. • COG voted to postpone discussing further action concerning 2020 grant award recommendations to the February meeting. BACKGROUND: • The COG's 2020 PF funding recommendation exceeds 2020 allocated funding levels by $152,000. • PW recently reviewed all open projects and presented the review to COG. • Several projects from 2017 have limited or no construction to date. • COG's action declining to discuss three projects for funding is inconsistent with state law and two of the rejected projects do appear to meet state law "Public Facility" requirements. • The BOCC has directed staff to obtain a revised 2020 PF funding recommendation for Board consideration. DISCUSSION: Providing the Board follows the COG's recommendation to NOT impose current reporting requirements on projects pre -dating reporting policy adoption, very little money is available for re -appropriation supporting 2020 grant awards. A summary of the past three years of COG award recommendations appears below for consideration. Page 1 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT • 2017: Six requests funded of seven applications for $643,115. (FD#2 not funded). • 2018: Four requests — all funded for $1,334,702. • 2019: Nine requests — five funded for $1,112,000. (Hope Source, City of Kittitas, PHD #2 and Kittitas County NOT funded). FISCAL IMPACTS: $152,000 of 2020 awards have gone to two economic development organizations (Kittitas County Chamber of Commerce and CenterFuse). ATTACHMENTS: None. Page 2 of 2 PUBLIC WORKS BOARD OF COUNTY COM USSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS —BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: January 27, 2020 TOPIC: Unpermitted Fill in County Right of Way ACTION REQUESTED: Support Staff Removing the Unpermitted Fill LEAD STAFF: Mark R. Cook RECOMMENDATION: Support actions removing the unpermitted fill from County Right of Way. BRIEFING SUMMARY: • Public Works (PW) has recently completed surveying a portion of Sunlight Drive. • A local aggregate supplier (Gibson Trucking dba Elk Heights Cement Products) has placed approximately four hundred (400) feet of unpermitted fill in County Right of Way (ROW). • The fill is placed over an existing watermain serving the Sunlight Waters Development. • PW has notified the property owner of the need to vacate the fill from County Right of Way when weather conditions allow — not later than May 15th, 2020. • PW offers to remove the fill and invoice the property owner in the event that the fill is not removed by May 15th, 2020. BACKGROUND: Last month, PW was contacted by a member representing the Sunlight Waters water system. PW dispatched a survey crew to stake the limits of County ROW. DISCUSSION: Approximately four hundred (400) feet of unpermitted fill currently exists within the ROW of Sunlight Drive. Removal of the fill reduces risk to the existing watermain, and future expense associated with watermain repair. FISCAL IMPACTS: Undetermined at this time. ATTACHMENTS: Exhibit 1: Graphic depicting fill extent. Page 1 of 2 PUBLIC WORKS BOARD OF COUNTY CON MISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: GRAPHIC DEPICTING FILL EXTENT Page 2 of 2 PUBLIC WORKS BOARD OF COUNTY CONMSSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS —BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: January 27, 2020 TOPIC: Coleman Creek Fish Passage Project at Vantage Highway ACTION REQUESTED: Support Staff Efforts LEAD STAFF: Mark R. Cook RECOMMENDATION: Support staff efforts installing a fish passage structure on Coleman Creek at Vantage Highway. BRIEFING SUMMARY: • The project is funded by a grant from the Brian Abbott Fish Barrier Removal Board (S 1,306,080) with a required fifteen percent (15%) match from Public Works (PW) (EXHIBIT 1). • PW is currently designing a fish barrier removal structure at Coleman Creek on Vantage Highway (EXHIBIT 2). • An existing driveway is located such that a relocation is likely. • Property owner prefers relocating the creek to the east, allowing his driveway to remain. BACKGROUND: PW was noticed of grant award in 2019. KPG was selected to lead design efforts for PW. Recently, PW received a 30 percent design from KPG and created a graphic of the proposed driveway relocation (EXHIBIT 3). PW staff met with the property owner last week (01-22-2020) discussing staff s relocation proposal. DISCUSSION: Significant improvements require relocating (brick entry with power gate, irrigation, pavement and a brick mail box). The owner is expressing dis-satisfaction with staffs relocation proposal. All improvements exist in County right of way (ROW) without permit. Staff is exploring channel relocation with the Department of Fish and Wildlife. Staff is also speaking with the Board's legal council on PW ROW enforcement action options. Relocation is being driven by guardrail design requirements. FISCAL IMPACTS: The driveway relocation is going to be expensive. The cost of the relocation providing "like for like" is not currently budgeted in the project scope. Page 1 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT ATTACHMENTS: Exhibit 1: Washington State Department of Fish and Wildlife Project Summary Exhibit 2: KPG Award Resolution Exhibit 3: Driveway relocation graphic Page 2 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE PROJECT SUMMARY SHEET Page 3 of 5 PUBLIC WORKS BOARD OF COUNTY CONMSSIONERS WORK SESSION STAFF REPORT PROJECT SUMMARY OVERALL RANK 5 STREAM NAME / TRIB TO Coleman Cr / Wilson Cr WRIA NUMBER - NAME 39 - Upper Yakima SPECIES AFFECTED CHNK, COHO, STHD, RT SCOPE Restoration SPONSOR Kittitas Co CD PATHWAY Watershed: Wilson -Cherry # OF BARRIERS: SITE IDs 1: C0105.09 TOTAL LINEAR GAIN 0.35 Miles TOTAL REQUESTED AMOUNT $1,306,080 BARRIER SUMMARY SITE ID Co105.09 FEATURE TYPE Culvert % PASSABI LITY 33 OWNERSHIP County- Kittitas ROAD NAME Vantage Hwy 81 Page EXHIBIT 2: KPG AWARD RESOLUTION Page 4 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTTTAS STATE OF WASHINGTON RESOLUTION NO. 2019 -_: AWARDING THE DESIGN AND ENVIRONMENTAL PERMITTING FOR THE VANTAGE HIGHWAY COLEMAN CREEK CULVERT REPLACEMENT PROJECT TO KPG AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO NEGOTIATE SCOPE OF WORK AND FEE FOR SAID PROJECT WHEREAS: Public Works solicited for qualified design and engineering firms pursuant to state and federal procurement regulations and existing Task Order consultant contracts: and WHEREAS: Three (3) qualified engineering firms responded to the request for qualifications with the process closing on August 23, 2019; and WHEREAS: A review committee of Public Works staff evaluated responses and reviewers have selected KPG as the preferred firm to provide said services, and NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Public Works Director to negotiate a scope of work and fee with KPG for the design and environmental permitting for the Vantage Highway Coleman Creek Culvert Replacement Project and authorizes the signature of the Public Works Director on the required local agency agreement providing an acceptable scope of work and fee is successfully negotiated. DATED this 9th day of September, 2019; at Ellensburg, Washington. ,,, ,' - �.r i ? Attest , �1 Board- Julie Kjorsvik D Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory -Wright, Chairman Brett Wachsrtvith, Vice -Chairman L'auraOsiadacz, Commissioner T EXHIBIT 3: DRIVEWAY RELOCATION GRAPHIC Page 5 of 5 PUBLIC WORKS BOARD OF COUN'T'Y CONMUSSIONERS WORK SESSION STAFF REPORT a i 1' I F y m I y m O U U I i i KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: January 27, 2020 TOPIC: ELN Lease Term — Maximum Length in County Code ACTION REQUESTED: Direct Staff to Limit Lease Length of Term to Maximum 35 years LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff to write airport private hangar leases for a length of time not to exceed 35 years. BRIEFING SUMMARY: • A private hanger recently completed construction at ELN. • Staff wrote a lease for a 50 -year term. • The Hangar owner is insisting on 75 years. • Recently, the Board's attorney advised staff to write private hangar leases for a maximum of 35 years consistent with KCC 2.81.070. BACKGROUND: Public Works (PW) has written one lease at ELN for 75 years (Midstate Aviation). The length was at the insistence of the owner and instrumental in completing the lease assignment to Central Washington University. During the past several months, staff has attempted to write a lease with Tarp It. During construction, it became apparent that the main electrical feed for the airport ran through the middle of lot created for Tarp It (revised binding site plan). PW relocated the electrical line at County expense (Airport Fund). The hangar has been completed for several weeks pending final occupancy issuance. PW desires completing the leasing process. It is fair to say the process has not been easy for the lessee or for staff. KCC 2.81.070 limits the length of lease to 35 years (EXHIBIT 1). Last week during a discussion with DPA Caulkins, PW advised of the pending lease at 50 years (consistent with staff's previous commitment to the owner). Staff appears to have inappropriately interpreted RCW 14.08.120 (5) when applying lease terms to aeronautical leases. It seems that the more restrictive County Code applies when assigning lease durations. PW regrets the error. DPA Caulkins advises PW staff write all future private hangar leases Page 1 of 4 PUBLIC WORKS BOARD OF COUNTY CONI IISSIONERS WORK SESSION STAFF REPORT for a maximum term of 35 years. Staff has prepared a lease for Tarp It's signature with the suggested 35 -year term. FISCAL IMPACTS: Pending land lease at $0.14 per square foot. ATTACHMENTS: Exhibit 1: KCC 2.81.070 Exhibit 2: RCW 14.08.120 Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COM USSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: KCC 2.81.070 Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT 2.81.070 Real Property Leases - Length of Term and Other Conditions. The county may lease real property for a term of years and upon such terms and conditions as may be deemed in the best interests of the public and the county. No lease shall be for a longer term in any one instance than ten (10) years; PROVIDED, that when the board determines it to be in the best public interest, real property necessary to the support or expansion of an adjacent facility may be leased to the lessee of the adjacent facility for a term to expire simultaneously with the term of the lease of the adjacent facility, but not to exceed thirty-five (35) years; PROVIDED FURTHER, that when the board determines it to be in the best public interest, where the property to be leased is improved or is to be improved, and the value of the improvement is or will be at least equal to the value of the property to be leased, the county may lease such property for a term not to exceed thirty-five (35) years; PROVIDED FURTHER, that where the property to be leased is to be used for major airport, purposes, requiring extensive improvements, the county may, lease such property for a term equal to the estimated useful life of the improvements, but not to ekceed seventy-five (75) years. (Ord. 2009- 04,2009) EXHH3IT 2: RCW 14.08.120 Page 4 of 4 PUBLIC WORKS BOARD OF COUNTY COMNIISSIONERS WORK SESSION STAFF REPORT 1/24/2020 RCW 14.08.120: Specific powers of municipalities operating airports. RCW 14.08.120 Specific powers of municipalities operating airports. In addition to the general powers conferred in this chapter, and without limitation thereof, a municipality that has established or may hereafter establish airports, restricted landing areas, or other air navigation facilities, or that has acquired or set apart or may hereafter acquire or set apart real property for that purpose or purposes is authorized: (1) To vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board, or body of the municipality by ordinance or resolution that prescribes the powers and duties of the officer, board, or body; and the municipality may also vest authority for industrial and commercial development in a municipal airport commission consisting of at least five resident taxpayers of the municipality to be appointed by the governing board of the municipality by an ordinance or resolution that includes (a) the terms of office, which may not exceed six years and which shall be staggered so that not more than three terms will expire in the same year, (b) the method of appointment and filling vacancies, (c) a provision that there shall be no compensation but may provide for a per diem of not to exceed twenty-five dollars per day plus travel expenses for time spent on commission business, (d) the powers and duties of the commission, and (e) any other matters necessary to the exercise of the powers relating to industrial and commercial development. The expense of the construction, enlargement, improvement, maintenance, equipment, industrial and commercial development, operation, and regulation are the responsibility of the municipality. (2) To adopt and amend all needed rules, regulations, and ordinances for the management, government, and use of any properties under its control, whether within or outside the territorial limits of the municipality; to provide fire protection for the airport, including the acquisition and operation of fire protection equipment and facilities, and the right to contract with any private body or political subdivision of the state for the furnishing of such fire protection; to appoint airport guards or police, with full police powers; to fix by ordinance or resolution, as may be appropriate, penalties for the violation of the rules, regulations, and ordinances, and enforce those penalties in the same manner in which penalties prescribed by other rules, regulations, and ordinances of the municipality are enforced. For the purposes of such management and government and direction of public use, that part of all highways, roads, streets, avenues, boulevards, and territory that adjoins the limits of any airport or restricted landing area acquired or maintained under the provisions of this chapter is under like control and management of the municipality. It may also adopt and enact rules, regulations, and ordinances designed to safeguard the public upon or beyond the limits of private airports or landing strips within the municipality or its police jurisdiction against the perils and hazards of instrumentalities used in aerial navigation. Rules, regulations, and ordinances shall be published as provided by general law or the charter of the municipality for the publication of similar rules, regulations, and ordinances. They shall conform to and be consistent with the laws of this state and the rules of the state department of transportation and shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder and the rules and standards issued from time to time pursuant thereto. (3) To create a special airport fund, and provide that all receipts from the operation of the airport be deposited in the fund, which fund shall remain intact from year to year and may be pledged to the payment of aviation bonds, or kept for future maintenance, construction, or operation of airports or airport facilities. (4) To lease airports or other air navigation facilities, or real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national government, or any department thereof, for operation; to lease or assign to private parties, any municipal or state government or the national government, or any department thereof, for operation or use consistent with the purposes of this chapter, space, area, improvements, or equipment of such airports; to authorize its https:/Iapp.leg.wa.gov/RCW/default.aspx?cite=14.08.120 1/4 1/24/2020 RCW 14.08.120: Specific powers of municipalities operating airports. lessees to construct, alter, repair, or improve the leased premises at the cost of the lessee and to reimburse its lessees for such cost, provided the cost is paid solely out of funds fully collected from the airport's tenants; to sell any part of such airports, other air navigation facilities or real property to any municipal or state government, or to the United States or any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto, and to confer the privileges of concessions of supplying upon its airports goods, commodities, things, services, and facilities: PROVIDED, That in each case in so doing the public is not deprived of its rightful, equal, and uniform use thereof. (5) Acting through its governing body, to sell or lease any property, real or personal, acquired for airport purposes and belonging to the municipality, which, in the judgment of its governing body, may not be required for aircraft landings, aircraft takeoffs or related aeronautic purposes, in accordance with the laws of this state, or the provisions of the charter of the municipality, governing the sale or leasing of similar municipally owned property. The municipal airport commission, if one has been organized and appointed under subsection (1) of this section, may lease any airport property for aircraft landings, aircraft takeoffs, or related aeronautic purposes. If there is a finding by the governing body of the municipality that any airport property, real or personal, is not required for aircraft landings, aircraft takeoffs, or related aeronautic purposes, then the municipal airport commission may lease such space, land, area, or improvements, or construct improvements, or take leases back for financing purposes, grant concessions on such space, land, area, or improvements, all for industrial or commercial purposes, by private negotiation and under such terms and conditions that seem just and proper to the municipal airport commission. Any such lease of real property for aircraft manufacturing or aircraft industrial purposes or to any manufacturer of aircraft or aircraft parts or for any other business, manufacturing, or industrial purpose or operation relating to, identified with, or in any way dependent upon the use, operation, or maintenance of the airport, or for any commercial or industrial purpose may be made for any period not to exceed seventy-five years, but any such lease of real property made for a longer period than ten years shall contain provisions requiring the municipality and the lessee to permit the rentals for each five-year period thereafter, to be readjusted at the commencement of each such period if written request for readjustment is given by either party to the other at least thirty days before the commencement of the five-year period for which the readjustment is requested. If the parties cannot agree upon the rentals for the five-year period, they shall submit to have the disputed rentals for the period adjusted by arbitration. The lessee shall pick one arbitrator, and the governing body of the municipality shall pick one, and the two so chosen shall select a third. After a review of all pertinent facts the board of arbitrators may increase or decrease such rentals or continue the previous rate thereof. The proceeds of the sale of any property the purchase price of which was obtained by the sale of bonds shall be deposited in the bond sinking fund. If all the proceeds of the sale are not needed to pay the principal of bonds remaining unpaid, the remainder shall be paid into the airport fund of the municipality. The proceeds of sales of property the purchase price of which was paid from appropriations of tax funds shall be paid into the airport fund of the municipality. (6) To determine the charges or rental for the use of any properties under its control and the charges for any services or accommodations, and the terms and conditions under which such properties may be used: PROVIDED, That in all cases the public is not deprived of its rightful, equal, and uniform use of the property. Charges shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expense of operation to the municipality. The municipality shall have and may enforce liens, as provided by law for liens and enforcement thereof, for repairs to or improvement or storage or care of any personal property, to enforce the payment of any such charges. (7) To impose a customer facility charge upon customers of rental car companies accessing the airport for the purposes of financing, designing, constructing, operating, and maintaining consolidated rental car facilities and common use transportation equipment and facilities which are used to transport the customer between the consolidated car rental facilities and other airport facilities. The airport operator may require the rental car companies to collect the facility charges, and any facility charges so collected shall be deposited in a trust account for the benefit of the airport operator and remitted at the https://app.leg.wa.gov/RCW/default.aspx?cite=14.08.120 2/4 1/24/2020 RCW 14.08.120: Specific powers of municipalities operating airports. direction of the airport operator, but no more often than once per month. The charge shall be calculated on a per -day basis. Facility charges may not exceed the reasonable costs of financing, designing, constructing, operating, and maintaining the consolidated car rental facilities and common use transportation equipment and facilities and may not be used for any other purpose. For the purposes of this subsection (7), if an airport operator makes use of its own funds to finance the consolidated rental car facilities and common use transportation equipment and facilities, the airport operator (a) is entitled to earn a rate of return on such funds no greater than the interest rate that the airport operator would pay to finance such facilities in the appropriate capital market, provided that the airport operator establish the rate of return in consultation with the rental car companies, and (b) may use the funds earned under (a) of this subsection for purposes other than those associated with the consolidated rental car facilities and common use transportation equipment and facilities. (8) To make airport property available for less than fair market rental value under very limited conditions provided that prior to the lease or contract authorizing such use the airport operator's board, commission, or council has (a) adopted a policy that establishes that such lease or other contract enhances the public acceptance of the airport and serves the airport's business interest and (b) adopted procedures for approval of such lease or other contract. (9) If the airport operator has adopted the policy and procedures under subsection (8) of this section, to lease or license the use of property belonging to the municipality and acquired for airport purposes at less than fair market rental value as long as the municipality's council, board, or commission finds that the following conditions are met: (a) The lease or license of the subject property enhances public acceptance of the airport in a community in the immediate area of the airport; (b) The subject property is put to a desired public recreational or other community use by the community in the immediate area of the airport; (c) The desired community use and the community goodwill that would be generated by such community use serves the business interest of the airport in ways that can be articulated and demonstrated; (d) The desired community use does not adversely affect the capacity, security, safety, or operations of the airport; (e) At the time the community use is contemplated, the subject property is not reasonably expected to be used by an aeronautical tenant or otherwise be needed for airport operations in the foreseeable future; (f) At the time the community use is contemplated, the subject property would not reasonably be expected to produce more than de minimis revenue; (g) If the subject property can be reasonably expected to produce more than de minimis revenue, the community use is permitted only where the revenue to be earned from the community use would approximate the revenue that could be generated by an alternate use; (h) Leases for community use must not preclude reuse of the subject property for airport purposes if, in the opinion of the airport owner, reuse of the subject property would provide greater benefits to the airport than continuation of the community use; (i) The airport owner ensures that airport revenue does not support the capital or operating costs associated with the community use; (j) The lease or other contract for community use is not to a for-profit organization or for the benefit of private individuals; (k) The lease or other contract for community use is subject to the requirement that if the term of the lease is for a period that exceeds ten years, the lease must contain a provision allowing for a readjustment of the rent every five years after the initial ten-year term; (1) The lease or other contract for community use is subject to the requirement that the term of the lease must not exceed fifty years; and (m) The lease or other contract for community use is subject to the requirement that if the term of the lease exceeds one year, the lease or other contract obligations must be secured by rental insurance, hftps://app.leg.wa.gov/RCW/default.aspx?cite=14.08.120 3/4 1/24/2020 RCW 14.08.120: Specific powers of municipalities operating airports. bond, or other security satisfactory to the municipality's board, council, or commission in an amount equal to at least one year's rent, or as consistent with chapter 53.08 RCW. However, the municipality's board, council, or commission may waive the rent security requirement or lower the amount of the rent security requirement for good cause. (10) To exercise all powers necessarily incidental to the exercise of the general and special powers granted in this section. [ 2010 c 155 § 1; 2009 c 124 § 1; 2005c76§1; 1990 c 215 § 1; 1984 c 7 § 5; 1961 c 74 § 2; 1959 c 231 § 2; 1957 c 14 § 1. Prior: 1953 c 178 § 1; 1945 c 182 § 8; Rem. Supp. 1945 § 2722-37. Formerly RCW 14.08.120 through 14.08.150 and 14.08.320.] NOTES: Effective date -2009 c 124: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2009]." [ 2009 c 124 § 2.] Continuation of existing law -1957 c 14: "The provisions of section 1 of this act shall be construed as a restatement and continuation of existing law, and not as a new enactment. It shall not be construed as affecting any existing right acquired under its provisions, nor as affecting any proceeding instituted thereunder." [ 1957 c 14 § 2.] Validating -1957 c 14: "The provisions of section 1 of this act are retroactive and any actions or proceedings had or taken under the provisions of RCW 14.08.120 through 14.08.150 or 14.08.320 are hereby ratified, validated and confirmed." [ 1957 c 14 § 3.] Appointment of police officers by port districts operating airports: RCW 53.08.280. https:Happ.leg.wa.gov/RCW/default.aspx?cite=14.08.120 - 4/4