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.
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\�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.
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Attest
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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
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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
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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,
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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.
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