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HomeMy WebLinkAbout2021-07-20-minutes-200pm-public-hearing07/20/2021 MINUTES 1 COMMISSIONERS' MINUTES KITTITAS COUNTY, WASHINGTON AUDITORIUM/WEBEX SPECIAL MEETING TUESDAY 2:00 P.M. JULY 20, 2021 Board members present: Chairman Brett Wachsmith and Commissioner Cory Wright. Excused: Vice-Chairman Laura Osiadacz. Others via In Person and Webex: Julie Kjorsvik, Clerk of the Board; Mark Cook, Public Works Director; Mandy Buchholz, Administrative Supervisor; Dan Carlson, CDS Director; Mike Hougardy, Assessor; Pat Nicholson, Fire Marshal; Taylor Crouch, Administrative Assistant; Josh Fredrickson, Engineer; and approximately 11 members of the public. This meeting was provided to the public via Webex and they were previously notified on the Agenda as to where they could access and provide public comments. There was also the option of in person attendance. PUBLIC HEARING PROCESSING FEES ASSESSOR At 2:00 p.m. CHAIRMAN WACHSMITH opened a Public Hearing to consider Amending Kittitas County Code Chapter 4.08 Processing Fees and to consider a Resolution Updating the Application Fees for Current Use Classification of Farm and Ag Lands and Designated Forest Lands. MIKE HOUGARDY, ASSESSOR reviewed a Staff Report and indicated the last time the Farm and Ag Classification Fees were updated was back in 1989 ($100.00). In 2002 the Commissioners established the current fee for the Designated Forestland application ($100.00). The fee for each program includes Staff time and recording costs. Since the last updates there have been significant increases of Staff time and fees. On July 25, 2021, the recording fees will increase to $203.50 alone. He recommended approving the proposed Ordinance and Resolution which would amend the Ordinance and Application Fees. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. ORDINANCE 2021-008 AMEND CODE CH. 4.08 – PROCESSING FEES ASSESSOR COMMISSIONER WRIGHT moved to approve Ordinance No. 2021-008, Amending Kittitas County Code Chapter 4.08 – Processing Fees. CHAIRMAN WACHSMITH seconded. Motion carried 2-0. RESOLUTION 2021-119 APPLICATION FEES ASSESSOR 07/20/2021 MINUTES 2 COMMISSIONER WRIGHT moved to approve Resolution NO. 2021-119, Updating the Application Fees for Current Use Classification of Farm and Agricultural Lands, and Designated Forest Lands. CHAIRMAN WACHSMITH seconded. Motion carried 2-0. PUBLIC HEARING AMEND COUNTY CODE CH. 2.04.010 COMMISSIONERS At approximately 2:09 p.m. CHAIRMAN WACHSMITH opened a Public Hearing to consider Amending Kittitas County Code Chapter 2.04.010. MANDY BUCCHOLZ, ADMINISTRATIVE SUPERVISOR reviewed a Staff Report and indicated there was a previous discussion of removing the Agenda Study Sessions and Monday Morning 10-Minute Department Head Meetings which are in County Code. After a year of not holding those meetings and Staff being able to accommodate last minute requests through the Office Admin. and Agenda Sessions. This has been a benefit to the public since the Consent Agenda items were not previously discussed during the Regular Agenda Session, unless there was a holiday observed on that Monday. She said the Prosecutors office had drafted an Ordinance for the Board’s consideration. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. ORDINANCE 2021-009 AMEND COUNTY CODE CH. 2.04.010 COMMISSIONERS COMMISSIONER WRIGHT moved to approve Ordinance No. 2021-009, Amending Kittitas County Code Chapter 2.04 Regarding the Kittitas County Board of Commissioners Regularly Scheduled Meetings and Study Sessions, to Increase Efficiency and Public Participation. CHAIRMAN WACHSMITH seconded. Motion carried 2-0. PUBLIC HEARING FAUST ROAD SPEED REDUCTION PUBLIC WORKS At approximately 2:12 p.m. CHAIRMAN WACHSMITH opened a Public Hearing to consider a Speed Reduction on Faust Road and to Amend Kittitas County Code Chapter 10.08.020 Speed Limits. JOSH FREDRICKSON, ENGINEER reviewed a Staff Report. He said they received a phone call requesting a speed reduction on Faust Road from MP 0.59 to MP 0.79 from 50 miles per hour to 25 miles per hour. He reviewed the results of the study, fiscal impacts, and said their most recent 20-year transportation plan does not forecast Faust Road as breaking acceptable levels of service within that timeframe. He recommended maintaining the existing 50 miles per hour speed limit at this time. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. 07/20/2021 MINUTES 3 COMMISSIONER WRIGHT moved to deny the request and to maintain the current speed limit on Faust Road from MP 0.59 to MP 0.79, as recommended by Staff. CHAIRMAN WACHSMITH seconded. Motion carried 2- 0. PUBLIC HEARING BARNES ROAD SPEED REDUCTION PUBLIC WORKS At 2:21 p.m. CHAIRMAN WACHSMITH opened a Public Hearing to consider a Speed Reduction on Barnes Road and to Amend Kittitas County Code Chapter 10.08.020 Speed Limits. JOSH FREDRICKSON, ENGINEER reviewed a Staff Report. He said they received a request to reduce the speed limit from 50 miles per hour to 35 miles per hour on Barnes Road from MP 0.00 to MP 0.78. He reviewed the results of the study, fiscal impacts, and said Barnes Road is operating within the Level of Service standard for rural road operations, and their most recent 20-year transportation plan does not forecast it as breaking acceptable levels of service within the timeframe. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. COMMISSIONER WRIGHT moved to deny the request to lower the speed limit on Barnes Road, as recommended by Staff. CHAIRMAN WACHSMITH seconded. Motion carried 2-0. PUBLIC HEARING MARIAN MEADOWS DEVELOPMENT AGREEMENT CDS At approximately 2:27 p.m. CHAIRMAN WACHSMITH opened a Public Hearing to consider the Marian Meadows Development Agreement (DV-19- 00001). DAN CARLSON, CDS DIRECTOR provided a power-point presentation which included a background of the application; Staff analysis; agency comments; public comment issues; proposed new language relating to the snow storage on Marian Drive, RV Service Center; proposed mitigation; information relating to the Commissioners direction of remanding it back to Staff on December 15, 2020; proposed new conditions; and Staff recommendations. The Board agreed the testimony would be limited specifically to the remand issue. DEAN WILLIAMS, ATTORNEY REPRESENTING THE APPLICANT requested Jerry Martens to provide testimony. JERRY MARTENS reviewed his involvement and history relating to the Marian Meadows project. MR. WILLIAMS said the Fire District should have started planning over 10 years ago when Marian Meadows first began and if they had, they wouldn’t have been in the position they were today. He said their lack of response to request for other mitigation information means 07/20/2021 MINUTES 4 there is none because they have not requested mitigation from any other developments within its boundaries. THOSE REQUESTING TO PROVIDE TESTIMONY: TIM SCHERMETZLER, ATTORNEY said the Fire District requests the Board of County Commissioners incorporate the conditions outlined in their letter of June 25, 2021. He said the District is still willing to continue negotiations with ERLC with the goal of agreeing to terms on a voluntary mitigation agreement. They are also willing to agree to the mitigation fee payment of $875.00 per residential unit; $ .50 per square foot of commercial and industrial occupied space recreational, campground or park buildings, and other structures inclusive of storage spaces); and a one-time payment of $35,000.00 dedicated to the retrofit of existing apparatus with a ladder package prior to the occupancy of any structure above 24’. CHRIS HELGESON, CHIEF FOR FIRE DISTRICT #3 reviewed information on the Fire Department’s volunteers; their response times; and equipment. He went over what the mitigation funds would do to assist them in helping their citizens due to the increase in population because of the project. TERRI CAMPBELL, FIRE DISTRICT #3 COMMISSIONER said the District was not anti-development but, pro-public safety and pro- community. They were asking that the development be done responsibility and with the Fire Departments best interest in mind. She said they should not be penalized for being fiscally responsible and only wants the money to everyone in the development is safe. MARGE BRANDSRUD said the Fire Department must have adequate equipment and personnel to keep it functional and protect the safety of its citizens. JOHN JENSEN, VOLUNTEER ON FIRE DEPARTMENT said they have been coming before the County for over 15 years, explaining why the Marian Meadows PUD is wrong for the Easton community. He said there was no second ingress or egress to the development for emergencies. He urged the Board to deny the application until the County and Fire District can sit down with the Easton School District and discuss mitigations. THERE BEING NOT OTHERS REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED. MR. WILLIAMS noted any mitigation payment must be tied to building permit issuance. They proposed adding a condition that with each permit issuance, the owner stipulates to the approval of future levies for a 5-year period. COMMISSIONER WRIGHT said on July 15, 2021, there was an offer made by the Fire District of $875.00 per unit for mitigation costs etc. however, in December 2020 there was an offer of $1,750 per unit, etc. and questioned why there was a reduction of 50% between the two. MR. SCHERMETZLER said it was the developer’s job to ensure they aren’t creating impacts to the community and mitigation is adequate. He indicated there had been some progress in communication between the parties. The developer seems to be checking a box by the remand by saying they reached out from the Fire District, but they 07/20/2021 MINUTES 5 haven’t received a response to their letter dated June 25, 2021. MR. WILLIAMS said they did reach out to the District in 2018 and never received a substantive response. The first indication was at the Public Hearing relating to needs and issues to discuss, and they are doing what they can to engage but the project has been in a holding pattern for a while. COMMISSIONER WRIGHT moved to continue the Public Hearing to 2:00 p.m. Tuesday October 5, 2021, in the Commissioners Auditorium, and to remand the item back to the applicant for further discussion with Fire District #3 and their counsel. CHAIRMAN WACHSMITH seconded. COMMISSIONER WRIGHT felt a couple more months would not be a hardship on the process and expected there will be good faith negotiations. CHAIRMAN WACHSMITH felt it was almost a “he said she said” situation and agreed to allowing for another 2 months to hopefully find a solution between the parties. Motion carried 2-0. Meeting adjourned at 3:45 p.m. KITTITAS COUNTY COMMISSIONERS CLERK OF THE BOARD KITTITAS COUNTY, WASHINGTON Julie Kjorsvik Brett Wachsmith, Chairman