HomeMy WebLinkAbout2017-01-17-minutes-200pm-public-hearing01/17/2017 MINUTES 1
COMMISSIONERS' MINUTES
KITTITAS COUNTY, WASHINGTON
COMMISSIONERS AUDITORIUM
SPECIAL MEETING
TUESDAY 2:00 P.M. JANUARY 17, 2017
Board members present: Chairman Paul Jewell; Vice-Chairman Laura
Osiadacz; and Commissioner Obie O’Brien.
Others: Julie Kjorsvik, Clerk of the Board; Lucas Huck,
Engineer/Interim Co-Director Public Works Department; Doc Hansen,
Planning Official; Jeff Watson, Staff Planner; Dan Carlson, Director
of Community Development Services; Jerry Pettit, Auditor; Judy
Pless, Budget & Finance Manager; Neil Caulkins, Deputy Prosecutor;
Patti Johnson, Solid Waste/Maintenance Director/Project Manager; Kay
Kresge, Fiscal Analyst and approximately 15 members of the public.
COMMISSIONER JEWELL announced the Board would be changing the order
of Public Hearings to 4, 1, 3, 2.
PUBLIC HEARING BOONDOGGLE ROAD & EAST BOONDOGGLE ROAD PUBLIC WORKS
At 2:00 p.m. CHAIRMAN JEWELL opened a Public Hearing to consider the
Vacations and Portions of Boondoggle Road and East Boondoggle Road
Unused Right-of-Way.
LUCAS HUCK, ENGINEER said they would like to withdraw the Public
Hearing and re-advertise at a later date when they are ready and
have conducted the appropriate postings. CHAIRMAN JEWELL asked if
there was anyone in attendance who came to speak at the hearing.
There was no in the audience who expressed their interest in the
specific Public Hearing.
COMMISSIONER O’BRIEN moved to close the Public Hearing, taking no
action; and allow the Public Works Department to re-notice the
Public Hearing at a later date. COMMISSIONER OSIADACZ seconded.
Motion carried 3-0.
PUBLIC HEARING SURPLUS PROPERTY AUDITOR
At 2:04 p.m. CHAIRMAN JEWELL opened a Public Hearing to consider
Declaring Surplus Property to the County.
KAY KRESGE, FISCAL ANALYST provided a Staff Report relating to
declaring certain property surplus to the County and recommended
approval of those items.
01/17/2017 MINUTES 2
THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE
HEARING WAS CLOSED.
RESOLUTION 2017-008 SURPLUS PROPERTY AUDITOR
COMMISSIONER OSIADACZ moved to approve Resolution No. 2017-008, to
Declare Equipment Surplus to the County and remove from the County’s
Assets. COMMISSIONER O’BRIEN seconded. Motion carried 3-0.
PUBLIC HEARING SPEED LIMIT – STORIE LANE PUBLIC WORKS
At 2:07 p.m. CHAIRMAN JEWELL opened a Public Hearing to consider
Amending Kittitas County Code 10.08.020, Reducing the Speed Limit on
Storie Lane.
LUCAS HUCK, ENGINEER provided a Staff Report relating to a petition
they received to lower the speed limit on Storie Lane from 25 MPH to
25 (or 20 MPH). The residents believe the current speed is
excessive for a half mile dead end road with residential homes
located on it. He said they had driven the road and reviewed the
traffic data which had been developed based on a weekend traffic
study conducted December 2nd through December 5th and a study
performed in September 2016. The 85th percentile speed suggests that
the public is driving between 31.2 MPH and 35 MPH. At the
conclusion of their review the Public Works Department recommended
maintaining the current posted speed of 35 MPH.
THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE
HEARING WAS CLOSED.
The Board asked questions of Staff relating to the study and their
recommendation.
COMMISSIONER OSIADACZ moved to deny the request to change the speed
limit on Storie Lane. COMMISSIONER O’BRIEN seconded.
COMMISSIONER OSIADACZ explained the decision to deny the request did
not come easily for her due to the residents being the ones who
signed the petition. However the County has Staff who is experts in
their field and conduct appropriate testing for safe speeds on
County roads and at this time the results show there is no reason to
support the request to lower the speed limit. COMMISSIONER O’BRIEN
noted there was no sight problems on the road either and would
support the Public Works Department’s recommendation resulting from
their study. Motion carried 3-0.
APPEAL HEARING WEBB SEPA & CUP APPEAL CDS
At 2:24 p.m. CHAIRMAN JEWELL opened an Appeal Hearing to consider
the Webb SEPA and Conditional Use Permit.
01/17/2017 MINUTES 3
CHAIRMAN JEWELL reviewed the hearing procedures. JEFF SLOTHOWER,
ATTORNEY representing the Webb’s reviewed the motions filed with the
County. He said they believe the appellants do not have standing and
the appeal fails to comply with Chapter 15A.07 of the Kittitas
County Code. NEIL CAULKINS, DEPUTY PROSECUTOR explained the motions
should be taken up first prior to consideration of the appeal.
MR. SLOTHOWER reviewed information on their motion to dismiss the
SEPA appeal due to lack of standing. RICH BROWNLEE, APPELLANT
explained he has suffered from lack of sleep due to the noise being
produced by the Party Barn across the street from where he lives. He
is a farmer who wakes up at 5:00 a.m. and some of the parties have
gone on until 1:00 a.m. and therefore it affects him not being able
to perform his job.
MOTION TO DISMISS SEPA APPEAL:
COMMISSIONER O’BRIEN said he understood Mr. Brownlee’s concerns
relating to the loss of sleep, but said it’s a limited operation
such as 8 events per year, and questioned how much of an impact it
has to his ability to farm. COMMISSIONER OSIADACZ said she reviewed
the record and believes the applicant had met all of the criteria
and SEPA requirements. CHAIRMAN JEWELL said he would like to hear
the rest of the motion to dismiss, conduct additional research on
the case law which had been provided, and deliberate at a later
date.
MOTION TO DISMISS THE CONDITIONAL USE PERMIT APPEAL:
MR. SLOTHOWER reviewed information supporting their motion to
dismiss the appeal of the Conditional Use Permit. He said according
to KCC 15A.07.010(2) and the appellant did not specify reasons why
the decision was wrong, nor did they provide a desired outcome or
changes to the decision. He said there was no injury referenced by
the appellant to rise to the level of standing and recommended the
Board dismiss the appeal. MR. BROWNLEE submitted photographs into
the record of the proximity from his home to the Webb’s Party Barn.
He said the facility does not meet the criteria to have a
Conditional Use Permit including keeping the peace (loud music,
traffic, people talking, etc.). He reviewed the affects to farming
in the area such as when trying to move equipment with increased
traffic. He requested the Board allow for the appeal of the
Conditional Use Permit.
CHAIRMAN JEWELL noted there would be no new information provided
relating to motions to dismiss. He said he would like to continue
deliberation to a later date so he had additional time to review all
of the materials.
01/17/2017 MINUTES 4
COMMISSIONER OSIADACZ said she did not agree or disagree with the
motion to dismiss at this point, but felt Mr. Brownlee made an
attempt in his letter of appeal a desired outcome with specific
reasons of appeal. She thought it would be good to continue the
issue to a later date to allow for additional review. CHAIRMAN
JEWELL felt it was important to consider the arguments made today,
conduct additional research, and have the Board return to deliberate
at a later date.
COMMISSIONER OSIADACZ moved to continue the Webb Appeal Hearing to
Tuesday February 7, 2017 at 2:00 p.m. in the Commissioners
Auditorium, Room 109, Kittitas County Courthouse, for further
deliberation and discussion. COMMISSIONER O’BRIEN seconded. Motion
carried 3-0.
The meeting was adjourned at 3:17 p.m.
KITTITAS COUNTY COMMISSIONERS
CLERK OF THE BOARD KITTITAS COUNTY, WASHINGTON
Julie Kjorsvik Paul Jewell, Chairman