HomeMy WebLinkAbout2017-02-13-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday February 13, 2017 - 1:30 PM
BOCC Conference Room
205 West 5th Room 108 -Ellensburg
1. Call to Order
2. Executive Session - To discuss with legal counsel representing the agency matters
relating to agency enforcement actions, or to discuss with legal counsel representing the
agency litigation or potential litigation to which the agency, the governing body, or a
member acting in an official capacity is, or is likely to become, a party, when public
knowledge regarding the discussion is likely to result in an adverse legal or financial
consequence to the agency.
3. Other business
4. Adjourn
Created on 2/10/2017 8.17:51 AM
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KITrITAS COUNTY
KITTZTAlS COUNTY
DEPARTMENT OF PUBLIC WORKS
Mark Cook, Director
STUDY SESSION MINUTES
February 13,2017
THOSE PRESENT: Paul Jewell, Obie O'Brien (BOCC); Luke Huck, Kathy
Jurgens, Candie Leader (DPW); Dan Carlson, Doc Hansen,
Neil Caulkins (PA)
GUESTS: Ian Elliot
The scheduled Executive Session was cancelled.
CONSIDER A RESOLUTION
DENYING RV -16-16: Neil Caulkins presented a Resolution for consideration
denying Road Variance RV -16-16. No discussion was held.
Board Direction: Commissioner O'Brien made a motion to approve
Resolution 2017-037 as presented. Commissioner Jewell
seconded the motion. Resolution No. 2017-037 was
approved.
BLACKHORSE UPDATE: Luke stated that he and Mark Cook had a meeting with
Jennifer Reiner with DR Horton concerning the new storm
water plan that was submitted in December. Prior to the
meeting with DR Horton, Luke reported that he had an onsite
meeting with the Department of Ecology (DOE) to discuss the
ongoing issues with drainage and storm water. The meeting
ended with DOE explaining that Kittitas County is the
regulatory agency for the project. Luke added that Director
Cook had sent a letter to DR Horton denying approval of their
most recent stormwater proposal. Luke stated that there are
other stormwater proposal options and Luke intends to
schedule a meeting with Ellensburg Water Co. to discuss
those options concerning the irrigation canal and also a
possible resubmittal of a new storm water plan from DR
Horton, however, certain options may require reopening the
SEPA process. Discussion was held.
Board Direction: No Direction.
Luke Huck, Co -Interim Director of Public Works
411 N. Ruby, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2017-
A Resolution Denying The Appeal Of RV -16-16
WHEREAS, Appellants Odegard and Davis made application for a variance from road
standards regarding a bridge in RV -16-16; and
WHEREAS, KCC 12.01.130 provides that variances "may' be granted after considering
certain criteria on a case-by-case basis, and
WHEREAS, The variance application RV -16-16 was unanimously denied by the variance
committee, and
WHEREAS, The variance committee included the Fire Marshal; and
WHEREAS, Appellants Odegard and Davis, through their attorney, Ms. Shallbetter, filed a
timely appeal; and
WHEREAS, Both Appellants and Public Works submitted briefing in the appeal; and
WHEREAS, An open record appeal hearing was held on January 3, 2017 after due notice;
and
WHEREAS, Both Appellants and Public Works had the opportunity to present documents,
testimony, and argument as part of the open record hearing; and
WHEREAS, The Board of County Commissioner considered the administrative record, as well
as the briefing, submittals, testimony, and argument from both the Appellants and
Public Works: and
WHEREAS, The Board of County Commissioners continued the appeal hearing to January
18, 2017 for further deliberation.
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS
MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS OF
LAW:
1. The reasons for denial for RV -16-16 given by the variance committee are affirmed.
2. The fact that variances have been granted in the past does not carry the applicant's
burden of showing on a case-by-case basis why their variance application should be
granted as required by Kittitas County Code.
3. The granting of certain of these prior variances was wrongful and does not legally
obligate the County to continue in error.
4. There has been no support from County staff or the local fire community for this variance
application.
5. Kittitas County code gives notice and predictability as to what is required regarding
roads and bridges.
6. Circumstances have changed significantly since the issuance of the prior variances in
that there are significantly more lots present currently than before and the County has
significant recent experience with wildfires that have underlined the importance of fire
prevention, protection, and safety measures -requirements around rural bridges being
amongst them.
7. Kittitas County code does not require the granting of a variance, but makes it a
discretionary decision.
8. The Board of County Commissioners recognizes the need for firefighting ability that is
served by denying this variance.
9. Adhering to road standards and promoting firefighting ability does not constitute a
change in law or policy.
10. Denial of a variance application is not an unusual occurrence.
11. The Appellants have failed to shoulder their burden of how Kittitas County Code
requirements for variance issuance have been satisfied.
12. The public interest in health, safety, and welfare, particularly firefighting ability is served
by the denial of this variance.
NOW, THEREFORE, BE IT FURTHER RESOLVED AND IT IS HEREBY ORDERED, that the
decision of the variance committee in RV -16-16 denying the variance is affirmed and said
variance application is denied.
ADOPTED this J_Pday of 12017.
BOARD OF COUNTY COMMISSIONERS
KIKI
TY, WASHINGTON WASHINGTON
ul Jewell, Chairman
ABSENT
Laura Osiadacz, Vice -Chairman
l
Obie O'Brien, Commissioner
ATTEe
APPROVED AS TO FORM:
CLEF4W BC RDm'
lie A. Kjorsvik Neil Caulkins,
Deputy Prosecuting Attorney