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HomeMy WebLinkAbout2018-02-12-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday February 12, 2018 - 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Lanigan Springs Tax Title Property 3, Road Improvement Districts Formed via Resolution 4, John Wayne Trail Extension Proposal 5. Road Variance Committee Update 6. Other business 7. Adjourn Created on 2/9/2018 7:59:40 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG Regular Meeting MONDAY 1:30 PM February 12, 2018 Board members present: Chairman Laura Osiadacz; Vice -Chairman Obie O'Brien; Commissioner Paul Jewell Others: Mark Cook and Candie Leader, Public Works; Dan Carlson, Mike Flory, Stephanie Mifflin, Lindsey Ozbolt, Community Development Services; Neil Caulkins, Prosecutor's Office; Jerry Pettit, Auditor's Office; Brad Case, City of Ellensburg; Kayla Bonar, Daily Record; and 6 members of the public. LANIGAN SPRINGS TAX TITLE PROPERTY At 1:33 pm Chairman Laura Osiadacz opened the Public Works Study Session and stated that we would begin with the Public Works agenda. Mark Cook spoke to the background of Lanigan Springs and how the previous owner defaulted on tax payments deferring the property back to the Kittitas County Treasurer. Staff discussed the options available upon purchase of the property by Public Works and the avenues that can be taken to maintain the internal road network and access to current residents of the area. A member of the public spoke about the issue and thanked the county for working on this. The Board directed Staff to pursue purchasing the property from the Kittitas County Treasurer, prepare enabling documentation and move towards declaring the road network as primitive roads. ROAD IMPROVEMENT DISTRICTS FORMED VIA RESOLUTION Mark Cook gave background on the process Staff has been working through regarding Road Improvement Districts, specifically Weihl Road. He spoke as to two options that the Board can consider for formulation through RCW 35.43 and 36.88. After this path is decided then the remaining work to be done would be to draft a Task Order with the current on-call Consultant to complete the design, affirm project costs then formulate the district. After discussion the Board directed staff to move forward with formulation through RCW 35.43. A member of the public made a comment regarding the topic. 2018-02-12 MINUTES JOHN WAYNE TRAIL EXTENSION PROPOSAL Mark Cook stated that he was recently approached by the City of Ellensburg regarding a trail extension project involving county property. The City of Ellensburg is seeking funding through a Recreational Conservation Office (RCO) Grant to fund a portion of the project. The trail alignment would locate on the southerly property line of industrial lands within the Bowers Field Industrial. Discussion was had regarding property setbacks, right of way and what the code requirement is for the area. Member(s) of the Board would like to make a site visit before taking any action on the matter and directed Staff to bring back for further discussion in two weeks. ROAD VARIANCE COMMITTEE UPDATE Mark Cook reported that recently a County Code update was done requiring the review of variance applications by Fire Districts. He stated that the Committee is continuing to see a lack of participation by members and with the addition of the Fire Marshal falling under Community Development Services that gives the department two votes on submitted applications. Discussion was had and the Board directed Staff to draft revised code adding by-laws, term limits and leave the Fire Marshal as a voting member. Staff will bring back a proposal for further discussion and Board consideration. OTHER BUSINESS No other business was discussed. Meeting adjourned at 2:44 pm 2018-02-12 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 12, 2018 TOPIC: Lanigan Springs Tax Title Property ACTION REQUESTED: Direct Public Works Proceed to Acquire Tax Title Property from the Treasurer's Office LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct the Public Works Director pursue purchasing Lanigan Springs tax title property from the Kittitas County Treasurer and prepare enabling documents establishing acquired lands as County Right of Way. BRIEFING SUMMARY: • Lanigan Springs survey created lands supporting the internal private road network • Developer defaulted on taxes and the property came to the Treasurer (KCT) as tax title property • Public Works (PW) proposes buying the land from the KCTand establishing the land as public right of way • The private roads will remain private thereafter • Ongoing maintenance obligations will remain with property owners using the roads for access • How is ongoing maintenance obligations communicated to the community? BACKGROUND: Recently, PW briefed the Board of County Commissioners (BOCC) on access issues associated with Lanigan Springs record of survey. Following our discussion, the Prosecuting Attorney's Office (PAO) has provided PW a memorandum addressing BOCC issues raised during our previous briefing (EXHIBIT 1). DISCUSSION: Following the purchase of the tax title property from KCT, PW will prepare enabling legislation adopting the tax title property as county road right of way. This allows PW to regulate activities within the right of way. The existing roads within the right of way will not be owned by PW. Establishing the right of way and stipulating that it contains roadways where public use is maintained but that the roads themselves are built to a private road standard and may be allowed to remain maintained to the private road standard. The enabling legislation should note that right of way establishment recognizes Page 1 of PUBLIC WORKS BOARD OF COUNTY COMMISSIO\FRS WORK SESSION STAFF REPORT that the existing roads within the newly acknowledged right of way are NOT classified a, being part of the County primary road system. This action establishes the public right of way, acknowledges the existing roads are there but are not obligating the County to maintenance. This action does not address the ongoing need for maintenance. The PAO has previously determined that existing RID statues cannot be used to improve private roadways. Several options seem to be available to the BOCC addressing the need for ongoing maintenance in the lack of County participation. PW identified options appear below for BOCC discussion. • Require that all users sign a road maintenance agreement (the vehicle obligating the participation of all owners is undefined) • Require that all users obtain right of way use permits — upon right of way establishment — creates the ability for PW to condition the pen -nits requiring the road maintenance agreements • Declare the roads to be "Primitive" - negating the expectation of County maintenance and limiting the users the ability to press for increased maintenance levels of service • Form a road improvement district and bring the existing roads up to a public road standard FISCAL IMPACTS: The cost of land acquisition will come from PW cash reserves. ATTACHMENTS: Exhibit 1: PAO memorandum dated 12-01-2014. Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: PROSECUTING ATTORNEY OFFICE MEMORANDUM DATED 12-01-2014 Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT MEMO To: BOCC and PW From: Neil A. Caulkins Re. Lanigan Springs tax title property Date: December 1, 2014 Legal Issue #1 Can the County transfer tax title property to Public Works (PW) for road purposes, and if so, will it cost money? Short Answer The property can be so transferred. It will cost the amount of principal unpaid taxes. Legal Analysis RCW 36.35.020 provides that tax title property is held in trust for the taxing districts. RCW 36.35.150 provides that the county can sell tax title property directly "to any governmental agency" for "public purpose" without notice and auction so long as the sale price is for not less than the principal amount of the unpaid taxes. Hence, this property can be pulled out of lax title status, but, because it is held in trust for taxing districts, that will need to be a sale 1br the principal unpaid taxes. Because the sale is to P W -a governmental agency -no public notice or auction is required. Legal Issue #2 Can the BOCC declare this property to be a county road by virtue of its having been used as a road by the public for over 10 years or by virtue of already owning it'? Short Answer The Board has no ability or authority to declare something a county road by virtue of it having been used as a road for 10 years, and things do not become county roads automatically. The county can declare property it already owns to be a county road. Legal Analysis RCW 36.75.080 provides that public highways used as public highways for at least 10 years are county roads, provided that the county has no responsibility or liability related to them until, by resolution, they are adopted as part of the county road system. This is an "adverse possession' statute which requires a finding of (1) public use (2) over 10 years before something can be declared a county road. In other words, nothing becomes a county road automatically. There needs to be a finding of these two elements by an entity with jurisdiction to make such finding before something becomes a county road. Tile county commissioners are not given the authority to make either of those determinations. ,See RCW 36.75.040. The only entity with such jurisdiction. constitutionally and statutorily, is the Superior Court. It is the only entity with jurisdiction over land and the title thereto, and so would be the only entity that could decide if a way has (1) been used by the public as a road (2) for at least 10 years. This would involve the county bringing a quiet title (or possibly declaratory judgment) action seeking the court to make such a determination. RCW 16.75.080 is only applicable to property the county does not currently own, and so has no relevance at all to this matter, I If the county already owns the property, it can, by resolution, declare it a county road that is not adopted onto the county road system. In addition to the county's inability to determine public use of a road for 10 years, a county also cannot determine the true location, course, or width of a road. See RCW 36.75.120. That too requires filing either a quiet title or declaratory judgment action and petitioning the Superior Court to make such determination. But, if the county is not seeking to condemn right of way or have its size and location declared, in other words, if the county already owns a defined parcel (the acquisition and surveying pieces are already done), then the county is free to declare that which it already owns to be a county road. RCW 36.75.050 provides that the board "by resolution, and not otherwise," shall order the establishment of county roads. RCW 36.75.040 provides that the board has the power to acquire land, as provided by law (which would include acquiring tax title property) and perform necessary acts for the administration of a county road system. Bence, given that the county already owns the subject property (which is also already surveyed), it can merely, by resolution, declare it a public road that is not adopted onto the county road system. Legal Issue #3 How do we do this? Answer Create an agenda item to consider a resolution directing MVV to buy the tax title property to be a county road that is not adopted onto the county road system. Prepare said resolution, a Treasurer's Deed, and an excise tax affidavit. PW pays the Treasurer the principal outstanding taxes. "treasurer issues the Treasurer's Deed. It and the excise affidavit are filed with the Auditor. ' Perhaps more clearly put, RCW 36.75.030 only has application for either a county that does not own the subject property or a non -county party that wants to have something declared a count), road. If the coma) wanted to make use of this land in a manner incompatible with a right of way, a neighboring land owner could bring a quiet tide or declaratory judgment action under RCW 36.75.030 seekine to have it declared a county road. Assuming the county loses that case and still wants to make a use incompatible with a right of way, it would then have to condemn it. KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 12, 2018 TOPIC: Road Improvement Districts Formed via Resolution ACTION REQUESTED: Direct Staff Prepare Final Design and Supporting Construction Documents LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct that staff finalize design documents and return with a department proposal forming a road improvement district for Weihl Road. BRIEFING SUMMARY: • Weihl Road improvements require final design • Two methods forming road improvement districts (RIDs) in state law at Revised Code of Washington Chapters 35.43 and 36.88 • Utilizing RCW 35.43 appears to provide several advantages to 36.88 BACKGROUND: Over the past several years, Public Works (PW) has been working with area residents to solve land use and access issues at Weihl Road. A previous attempt to formulate an RID by petition failed when the Prosecuting Attorney's Office (PAO) determined that Weihl Road would have to be built to public road standard and brought onto the system as a public road. PW identified an alternative RID formulation process to the Board of County Commissioners (BOCC) in late fall 2017. The BOCC directed that PW work with the PAO defining the pros and cons of the two resolution procedures/process forming an RID by resolution. DISCUSSION: PW has prepared a summary of pertinent formulation sections in both 35.43 and in 36.88 (EXHIBIT 1). Formulating with 35.43 offers two key advantages: 1. No election required. 2. It takes 60% of the benefitted properties by project value to defeat formulation — no appeal. Page 1 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION SI AFF REPORT RC W 36.88 also stipulates that the BOCC may not assign a cost to a benefitted party that is greater than the special benefits derived, This could be interpreted to suggest that already existing homes have a larger benefit than vacant lots. PW funding models is based on equal benefit derived by all lot owners. 35.43 does not have a similar provision in formulation language. It is time to commit final design resources. The current PW work program does not support in-house design of Weihl Road improvements. We suggest farming the design out to KPG. Once complete, we will have current market final project costs and make a go no go decision on formulation. FISCAL IMPACTS: PW sent a letter (EXHIBIT 2) to all lot owners in October 2017. Two residents contacted PW displaying their opposition to RID formulation. The financial plan estimates the project cost to be $750,614 with the BOCC contributing $150,000. The cost of final design is unknown at this time. Approximately 540,000 is budgeted for project design (EXHIBIT 3 — basis of estimate). ATTACHMENTS: Exhibit 1: Staff comparison of RC W 35.43 and 36.88 Exhibit 2: October 2017 Letter to Weihl Road property owners Exhibit 3: Basis of estimated cost Page 2 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT l: Page 3 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SF,SSION STAFF RITOR"I SUMMARY OF RID FORMULATION PROCEDURES DEFINED BY REVISED CODE OF WASHINGTON 36.88 AND 35.43 RCW 36.88.05 allows the use of the alternative method described in 35.43. • 35.43.040 allows the use of RIDS for constructing public streets. 36.88.010 allows the use of RIDs for improving private roads that will become county roads following RID improvement. • 36.88.030 requires a resolution stating the board's intent to form an RID. • 35.43.070 creates an RID by Ordinance (board majority vote) following a resolution to formulate. 36.88.040 requires an election by majority of votes cast. • 35.43.130 defines RID boundaries and estimated costs. 36.88.080 does the same thing and adds the proviso that no assessment is greater than the special benefits derived. • 35.43.140 requires publication two consecutive weeks with the last notice being at least 15 days before the public hearing to formulate the RID. Notices are also required to be mailed 15 days prior to the formulation hearing. 36.88.090 requires notices be mailed to all RID participants and that all notices be published two times in the newspaper of general circulation. • 35.43.180 stipulates that the RID is null if 60% of the total cost of the RID say NO. 36.88.100 allows for Superior Court review. Biggest differences: 35.43 - No election required. 36.88 - An election is required. 35.43 — Good to go if less than 60% of the total cost of the RID object. 36.88 is appealable to Superior Court. Unknown requiring more evaluation Does 35.43 avoid the need to appraise for benefit? Comparison of Road Improvement District Formulation by Resolution in Revised Code of Washington at Chapters 35 and 36. 02-05-2018,MRC 36.88.065 Formation of district—Alternative method. If the county legislative authority desires to initiate the formation of a county road improvement district by resolution, it may elect to follow either the procedure set forth in chapter i£.a3 RCW or the procedure set forth in RCW P i; 85 9B0, and shall indicate the procedure selected in the resolution of intention. ------------ RCW 35 43,0407, Authorization Whenever the public interest or convenience may require, the legislative authority of any city or town may order the whole or any part of any local improvement including but not restricted to those, or any combination thereof, listed below to be constructed, reconstructed, repaired, or renewed.... , viz: (1) Alleys, avenues, boulevards, lanes, park drives, parkways, parking facilities, public places, public squares, public streets, their grading, regrading, planking, replanking, paving, repaving, macadamizing, remacadamizing, graveling, regraveling, ilio , re ilioii, capping,recapping, or other improvement; RCW 36.88.010 Authorization All counties have the power to create county road improvement districts for the acquisition of rights-of-way and improvement of county roads, existing private roads that will become county roads as a result of this improvement district process I Action On resolution A local improvement may be ordered only by an ordinance of the city or town council, pursuant to either a resolution or petition therefor. The ordinance must F3O receive the affirmative vote of at least a maori[ of the members of the council. Resolution of Intention in case the board of county commissioners shall desire to initiate the formation of a county road improvement district by resolution, it shall first pass a resolution declaring its intention to order such improvement, setting forth the nature and territorial extent of such proposed improvement, designating the number of the proposed road improvement district and describing the boundaries thereof, stating -� the estimated cost and expense of the improvement and the proportionate Page 1 of 4 Page 2 of 4 amount thereof which will be borne by the property within the proposed district, 35.43.080 Creation of district Every ordinance ordering a local improvement to be paid in whole or in part by assessments against the property specially benefited shall describe the improvement and establish a local improvement district to be known as "local improvement district No. ...."which shall embrace as nearly as practicable all the property specially benefited by the improvement. 3&88 040 Formation of district The election provided herein for cases where the improvement is initiated by resolution shall be governed by the following rules: (1) All ballots must be signed by the owner or reputed owner of property within the proposed district according to the records of the county auditor; (2) each ballot must be returned to the clerk of the board not later than one week after the public hearing; (3) each property owner shall have one vote for each full dollar of estimated assessment against his or her property as determined by the preliminary estimates and assessment roll; (4) the valid ballots shall be tabulated and a majority of the votes cast shall determine whether the formation of the district shall be approved or rejected. i 35.43.100 Finality of district The action and decision of the council as to all matters passed upon by it in relation to any petition or resolution shall be final and conclusive. No lawsuit whatsoever may be maintained challenging the jurisdiction or authority of the III council to proceed with the improvement and creating the local improvement district or any proceedings relating thereto unless that lawsuit is served and fled no later than thirty days after the date of passage of the ordinance ordering the improvement and creating the district or, when applicable, no later than thirty days 36.88.110 Assessment roll after the expiration of the thirty -day rotest period provided in RCW 3=_43. u30. Whenever any assessment roll for construction or improvements shall have been conclusive confirmed by the board, as provided in this chapter, the regularity, validity and correctness of the proceedings relating to such construction or improvement and to the assessment therefor, including the action of the board on such assessment roll and the confirmation thereof, shall be conclusive in all things upon all parties and cannot in any manner be contested or questioned in any proceeding whatsoever by any person notfiling written objection to such roll in the manner and within the time provided in this chapter, and not appealing from the action of the board in confirming such assessment roll in the manner and within the time Page 2 of 4 Page 3 of 4 rovided in this chapter. [35.43,130 I Preliminary estimates and assessment roll make the preliminary estimates and assessment roll shall cause an estimate to be made the cost and expense of the proposed improvement a description of the boundaries of the district, and a statement of what portion of the cost and i expense of the improvement should be borne by the property within the proposed district. 36.88.080 . Property included in the district Every resolution ordering any improvement mentioned in this chapter, payment for which shall be in whole or in part by special assessments shall establish a road improvement district which shall embrace as near as may be all the property i specially benefited by such improvement and the board shall apply thereto such method of assessment as shall be deemed most practical and equitable under the conditions prevailing: PROVIDED, That no assessment as determined by the board of commissioners shall be levied which shall be greater than the special benefits derived from the improvements. 35.43.140 Resolution hearing The resolution shall be published in at least two consecutive issues of the official newspaper of the city or town, the first publication to be at least fifteen days before the day fixed for the hearing 36.88.090 Assessment roll notice Notice of the time and place of hearing under such assessment roll shall be given to the owner or reputed owner of the property whose name appears thereon, by mailing a notice thereof at least fifteen days before the date fixed for the hearing to such owner or reputed owner at the address of such owner as shown on the tax rolls of the county treasurer; and in addition thereto such notice shall be published at least two times in a newspaper of general circulation in the county. At least fifteen days must elapse between the date of the first publication of the notice and the date fixed for such hearing. 35.43.150 Notice of intent to formulate Notice of the hearing upon a resolution declaring the intention of the legislative authority of a city or town to order an improvement shall be given by mail at least fifteen days before the day fixed for hearing to the owners or reputed owners of all lots, tracts, and parcels of land or other property to be specially benefited by the proposed improvement, as shown on the rolls of the county assessor, directed to the address thereon shown. The notice shall set forth the nature of the proposed im rovement, the estimated cost a statement that actual assessments may vary Page 3 of 4 Page 4 of 4 from assessment estimates so long as they do not exceed a figure equal to the J increased true and fair value the improvement, or street lighting, adds to the property, and the estimated benefits of the particular lot, tract. or parcel, 36.88.060 Formation of district Whether the improvement is initiated by petition or resolution the board shall . conduct a public hearing at the time and place designated in the notice to property owners. At this hearing, the board may make such changes in the boundaries of the district or such modifications in the plans for the proposed improvements as shall be deemed necessary! 35.43.180 Restraint by protest any local improvement initiated by resolution shall be divested by a protest filed with the city or town council within thirty days from the date of passage of the ordinance ordering the improvement, signed by the owners of the property within the proposed local improvement district or utility local improvement district subject to sixty percent or more of the total cost of the improvement 36.88.100 Appeal The decision of the board upon any objections made within the time and in the manner herein prescribed may be reviewed by the superior court upon an appeal taken thereto in the manner provided for taking appeals from objections in local im rovement tlistrids of cities and towns. Page 4 of 4 EXHIBIT 2: Page d ol'5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSIONS'[ AFP REPORT HITTIT.6 ('UCSI'1' October 27. 2017 Weihl Road resident I V -E I" I 1 M-11111 .'--. P Mark R. Cook, PE Director RE: Proposed Road Improvement District Dear Resident: Kittitas County Department of Public Works notices you that the Board of County Commissioners has determined that it is in the interest of the County to initiate a Road Improvement District (RID) for Weihl Road in the near future. The Board is required by Washington State law to notice its intention to formulate the district by resolution. Following this notice, we will send a separate notice to all residents advising of the meeting time and date for passage of the resolution of intent to formulate. We will further explain the process in our next notice to residents. Public Works has completed an improvement design for Weihl Road and delivered a cost estimate to the Board of County Commissioners. We have also prepared a preliminary financial plan supporting improvement construction. Cost estimates are provided below for your consideration. Weihl Road Improvement District Financial Plan Total project cost $ 750,614.00 Board of County Commission contribution s 150,000.00 Remaining improvement cost to residents $ 600,614.00 Proposed cost recovery period 15 years Assumed interest rate 3 percent Assessment basis Number of lots benefited Total number of lots benefited 66 Annual assessment per lot $ 740.09 Previously, residents responded with a petition requesting formulation of the RID using an estimated annual per lot assessment of $776 for a period of ten (10) years. Subsequently, the 411 N. Ruby St, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 2 Prosecuting Attorney Office determined that the roadway requires dedication onto the public road system once improvements are completed. This decision has driven the project cost to the current estimated $750,614. Attempting to maintain previous costs to benefited residents, the Board of County Commission elects to contribute towards total project cost. The contribution lowers the resident share to $600,614. Maintaining a ten (10) year cost recovery period results in an annual lot cost of S 1,035.75. Discussing the costs with several area residents suggests that the annual cost is too high. Extending the cost recovery period to fifteen (15) years affords a reduced annual payment of $740.09. We are anxious to hear the community's response to our financial proposal — prior to moving forward with Board of County Commission action. You may call me at: 509-962-7523 or send a response to 411 North Ruby, Suite 1: Ellensburg, WA 98926. You may also email a response to: mari<.ceck%I;co.kittil_s q,us. Sincerely, Mark R, Cook Director 411 N. Ruby St, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 EXHIBIT 3: Page 5 of 5 PUBI.IC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT _ — Road# TBD Project title: Wfohl Road Improvements MP ��pppTOe g 'Ob Number: RC2574-8: PROJECT LENGTH 1320a SCOPIra�9 i�1'MATE $750 614 (INSTRUCTION / CREATED: 4/5/2017 By: Bryan Tapp Kktitas County Is proposing to improve safety along Mehl Road by charging road profile/alignment, paving, Installing guardrail to protect hazardous slopes. Safety improvements are necessary In order to reduce accidents In this segment, and also to make it easlar W plow with county equipment QUANT. UNIT ITEM NO. REM UNIT PRICE gMQUNT Dab PROJECT CHANGE TRACKING B Commenu 4/5/2017 8T STARTEDO,Y. COST EST 41712017 BT UFOATED EST TO REFLECT PLAN ON CHANGES 4Y10/201I BT ' 4/2512017 BT ' 7/26/2017 ST UPDATEDESTT026' ROADWAY 8/9/2017 BT Updated eetimMe to refiM maximum road prole M 12% $50,00000 — I � fnnted 8'1412017 1010 AM Ioff NUR_—.__—___ 1 $2,000,00- --12,000.00 s1,000.Ii0 11.000.00 175000.00 f75,000.00 BID ITEM SUBTOTAL W/O MOBILIZATION 1515,63500 SALES TAX a 8.00% $27,787.00 PROJECT SUBTOTAL 1606,89041 ®�GONTNGENCIES 4% 124268.00 CONSTRUCTION ESTIMATE '9"4' BELOW THE LINE COSTS PRELIMINARY ENGINEERING 4% $24,267.02 CONSTRUCTION ENGINEERING 4% 124,267 02 ANNUAL MAINTENANCE 10vEARS $50,00000 ISTS AL KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 07, 2018 TOPIC: John Wayne Trail Extension Proposal ACTION REQUESTED: None LEAD STAFF: Mark R. Cook RECOMMENDATION: This is an informational briefing only — no action required. BRIEFING SUMMARY: • The City of Ellensburg (CE) is considering applying to the Recreational Conservation Office (RCO) for funding the John Wayne Trail extension. • The proposal is to extend the trail from Willard's property across Bowers Field Industrial lands to Airport Road, stretching approximately 2,620 linear feet. • Project approval could likely impact the pallet yard cleanup schedule. • Federal Aviation Administration approval and local project cost match are undefined at this time. BACKGROUND: For the past several years, the City of Ellensburg and Steve Willard have been discussing the extension of the John Wayne Trail from its easterly most extend (Sanders Road) back west toward the airport with and eventual tie-in to the trail south of Bender Road. An extension across a portion of Central Washington University is likely in the absence of moving forward with County land involvement. DISCUSSION: The next round of RCO trail grants is May 1, 2018. Presentation of prospective projects is scheduled for August. CE in discussions with RCO staff believes the pending funding round has advantages over previous rounds owing to the delayed Capital Facility Budget authorization. The thought is that many prospective applicants will have their hands full implementing late projects thereby reducing the applicant pool. Trail alignment is slated to locate on the southerly property line of industrial lands south of Falcon Road. Current trail cross section is a forty foot right of way with twelve foot paved width and twelve foot gravel section. The trail will cross over the pallet cleanup site. Moving forward with RCO funding of the trail section may force an acceleration of cleanup actions on the pallet site. Page 1 of PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT It is likely the trail will require authorization from FAA Area District Office. Approval is likely given the location of the trail and lack of airspace impact. CE park staff estimate the County trail section costing approximately $500,000. CE is proposing to use park impact tees along with an allocation of 0.09 funding in the next funding round — slated to open April of 2018. The project being proposed to RCO not only includes the trail section on the County owned land, but also 1,400 linear feet of trail located on Steve Willard's property connecting south to Sanders Road, as well as the section of trail located between Nicholson Boulevard and the existing John Wayne Pioneer Trail trailhead located adjacent to the Kittitas County Fairgrounds property, stretching approximately 1,900 linear feet. Total project costs for all three sections are in the $1.3 million range. If all three sections are completed, a total of 2.36 miles of the John Wayne Pioneer Reconnection Route will have already been completed or have dedicated funding, leaving approximately 2.25 miles of trail left to complete. FISCAL IMPACTS: PW anticipates approximately $300,000 in 0.09 2018 funding allocation. ATTACHMENTS: Exhibit 1: Map of the proposed project Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: PROJECT MAP Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT } �qql: i;t_ �i� 9 ;.'� a. �i � i►i _ KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 12, 2018 TOPIC: Variance Committee Update ACTION REQUESTED: Direct Staff Update Variance Committee Bylaws and Return for Board Consideration LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct that staff prepare revised bylaws for the Road Variance Committee and return for Board of County Commission review. BRIEFING SUMMARY: • Recent code changes add review of all variance requests by the fire districts • The committee continues being dysfunctional with a lack of participation by committee members • Last year's consolidation of the Fire Marshall's office to Community Development gives the department two votes on the current committee • Public Works proposes addressing these and other issues with revised committee bylaws BACKGROUND: Recently, Chapter 12.01.130 of County Code was amended requiring the review of variance proposals by County Fire Districts. The committee continues suffering from a lack of committee member consistent participation. Last year's decision moving the Fire Marshall's Office to Community Development now gives the department two votes on the Road Variance Committee. DISCUSSION: Numerous issues surrounding the Road Variance Committee have convinced Public Works (PW) management that it is time to revisit the bylaws of the committee. It seems reasonable to allow membership of a fire district representative and to adjust Community Development's voting ability back to a single vote. We also desire revisiting the public involvement section — perhaps expanding membership as a way of dealing with chronic non-attendance. Removal for non-attendance is also of interest. PW proposes revising current bylaws — working with stakeholders — and returning to the BOCC with the revised proposal for BOCC consideration. FISCAL IMPACTS: No impacts are anticipated by revising the bylaws. ATTACHMENTS: None. Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT