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Home My WebLink About2021-09-13-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday September 13, 2021 -1:30 PM Commissioners' Auditorium and Webex 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Tax Title Property in Currier Creek Estates 3. Public Works Road Variance Committee 4. Executive Session - RCW 42.30.110 (i) 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. 5. Other business 6. Adjourn Created on 9/9/2021 8:29:44 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES BOCC Auditorium and Webex Regular Meeting MONDAY 1:30 PM September 13, 2021 Board members present: Chairman Brett Wachsmith, Vice -Chairman Laura Osiadacz, and Commissioner Cory Wright (Virtual). Others In -Person: Mark Cook, Rebecca Cruse, Public Works; Dan Carlson, Community Development Services; Jen Golladay, Treasurers Office. Others Virtual: Mike Flory, Jessica Miller, Bridget Pechtel, Community Development Services; Josh Fredrickson, Candie Leader, Public Works; Neil Caulkins, Prosecuting Attorney's Office;(3) Members of the Public. At 1:51 pm Chairman Brett Wachsmith opened the Public Works Study Session. TAX TITLE PROPERTY IN CURRIER CREEK ESTATES Mark Cook informed the Board of County Commissioners that a small tract of land the county owns next to the Currier Creek Estates was reserved for utilities. Mark Cook continued that the City has been contacted and has no interest in annexing this portion and reserving from private ownership. Mark Cook added that Public Works maintains this land and looks to sell county owned tracts that serve no benefit for the county to keep within the City of Ellensburg. Mark Cook stated that staff will pursue the best options to sell, with one possibility being to auction the land. PUBLIC WORKS ROAD VARIANCE COMMITTEE Mark Cook gave background on the Road Variance Committee and expressed concern over the Committee becoming ineffective, and the committee's decision-making ability has become a disservice to county residents. Mark Cook would like to propose that the County Engineer make decisions on any deviation from road standards with the Director of Public Works having the final decision. The Public Works Director's decision could then be appealed to the Hearings Examiner. Discussion was held. Staff was directed to draft revisions to KCC 12.01.130 and KCC 15.01.040 to reflect the change. EXECUTIVE SESSION 2:01PM, 2:32PM END EXECUTIVE SESSION. Meeting adjourned at 2:32 pm. 2021-09-13 Minutes V' (&prfli l/Y� Rebecca Cruse, Administrative Assistant 2021-09-13 Minutes KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 13, 2021 TOPIC: Tax Title Property in Currier Creek Estates ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Contact City of Ellensburg Utility staff discussing transfer of Tract C and associated stormwater detention tract. BRIEFING SUMMARY: • An individual is expressing interest in acquiring tax title property in Currier Creek Estates (Tract Q. • The City of Ellensburg has annexed Currier Creek Estates. • Public Works has no interest in maintaining Tract C nor the associated stormwater Tract I Division 1 associated with Tract C. • Public Works recommends selling Tract C and the associated stormwater detention tract to the interested party in the absence of City of Ellensburg interest. BACKGROUND: The City of Ellensburg did not petition for Tract C from the County when they annexed Currier Creek Estates. Given the tract is reserved for utilities, the County has no interest in maintaining the property. DISCUSSION: Selling the tax title property to a private individual will put the property onto the tax role. While beneficial to the County, it seems prudent to first offer the tract to the City of Ellensburg supporting the utilities that they annexed with the subdivision. If the City has no interest in acquisition, removing the burden of land maintenance from the County appears desirable from a cost saving perspective. Any resulting adverse impacts from plat stormwater runoff can then be managed by the homeowner's association. Public Works recommends a similar strategy be pursued with all tax title property in the Ellensburg UGA. FISCAL IMPACTS: Reduced Road Fund maintenance costs. ATTACHMENTS: Exhibit 1: Currier Creek Estates Tract C map Page 1 of 2 Public Works "Work Session Staff Report", 2021 EXHIBIT 1: CURRIER CREEK ESTATES TRACT C MAP Page 2 of 2 Public Works "Work Session Staff Report", 2021 e. z 9� :1 cto A a R,H YC i! I (gypp : g B5 Iv i 9 1 ��\��i8 } p ��=tp 7777 IB�I$a � 3piAY 8 e 99 1� p 3 � C MIR 4 F• a1S �C m xyC � N=m e. z 9� :1 cto A a i! I (gypp B5 \i£R 9 1 ��\��i8 } 7777 IB�I$a 1 t� 8 3oil- 1� C MIR 4 F• a1S �C m xyC � N=m C N� Hyv€i€ rn NP A y' NA m w L�1 aFR1 i<to s a�' € : h N a 1'A",, Parcel Information Property Report for Parcel#: 21115 Wednesday, September 1, 2021 Address: W CLEARVIEW DR ELLENSBURG Tax Parcel ID: 21115 Map Number: 18-18-27069-0056 Recorded Area: 35,500.00 sq ft Owner Name KITTITAS CO TAX DEED (AUDITOR) Name Cont: N/A Mailing Address: 205 W 5TH AVE STE 105 City/State/Zip: ELLENSBURG WA 98926 Critical Areas Information Contains > 30% Slope: No PHS Site Name: N/A Roof Hazard: LOW HAZARD RATING Roof Class: CLASS C Seismic Category: C Shore Line: N/A Wetland Code: N/A DNR Water Type: N/A FIRM Zone: ZONE C, 500 YEAR, 100 YEAR FEMA Flood Map: 53009504398 Coalmine Shaft: N/A —�' E nw Ereek I II11 Fh ...i <'/ I IF pi Diry R x ,..: .. ,. .. u.. cu„li 1;0848 fs.. 13 +ua .,.J... WIN'• <. 9^50 21 G.w II0A0 211Yu tI00i tGSB 2LFn J11s0 tllgi 2ti<Q [11J3 ."I1 (y lT GF4F69E:Y C« ./ CII TR`h EN' FIR uIG 21 O'-' "1,66 2106.. c,un�c�w. 2IFI 21M :tOM 21071 e.oes ow t 21117 %2%8 C.M. Spuan v52<A5 BuglNU P.1k 932510 Administrative Information Zone and Allowed Uses: Residential Land Use Category: Please refer to the city of Ellensburg Commisioner District: Voter Precinct: Hospital District: Airport Zone: N/A School District: BPA Right of Way: -1 Irrigation District: Max Elevation: 1549 Weed District: ISO: 0.027 Fire District: PG: 42 Cemetery District: Domestic Water Information Court District: Over the Counter Water: Yes, Suitability Mao PUD Comm District: Qualifying Water Banks: Parks and Rec District: Sub Basin Watershed: Wilson -Cherry Creeks Wildland Urban Interface: Stock Restricted Area: COE Gas Service Area: North Ellensburg HOSPITAL DISTRICT 1 Ellensburg School District Ellensburg Water Kittitas Valley Fire and Rescue (Fire District 2) N/A Lower District Court District 2 IR 3 Stock Restricted Yes Parcel Information Property Report for Parcel#: 21117 Wednesday, September 1, 2021 Address: W CLEARVIEW DR ELLENSBURG Tax Parcel ID: 21117 Map Number: 18-18-27069-0058 Recorded Area: 63,249.00 sq It Owner Name KITTITAS CO TAX DEED (AUDITOR) Name Cont: N/A Mailing Address: 205 W 5TH AVE STE 105 City/State/Zip: ELLENSBURG WA 98926 Contains > 30% Slope: No PHS Site Name: N/A Roof Hazard: LOW—HAZARD RATING Roof Class: CLASS C Seismic Category: C Shore Line: N/A Wetland Code: N/A DNR Water Type: N/A FIRM Zone: ZONE C, 500 YEAR, 100 YEAR FEMA Flood Map: 53009504398 Coalmine Shaft: N/A Airport Zone: N/A BPA Right of Way: -1 Max Elevation: 1561 ISO: 0.027 PG: 42 903 'x'utifH n�i � Cv[b[ 6�eN - y Eatma Ory 11 n aria - -31P_41 , 4- CunYaru k C _ Ec.. D11 4 C k - L b l[w r r.. i owlh a 9... Ck EeYha NW 15136 pe' s5nua Cunlr sawn �srne 4 Q.. Pu wit9 Y I'6i1 ¢ Shia 9 F>n"a 04pPx»as5 r. 5un,� Administrative Information Zone and Allowed Uses: a Land Use Category: Please refer to the city of Ellensburg Commisioner District: Voter Precinct: North Ellensburg Hospital District: HOSPITAL DISTRICT 1 School District: Irrigation District: Weed District: Fire District: Ellensburg School District Ellensburg Water Kittilas Valley Fire and Rescue (Fire District 2) N/A Lower District Court District 2 IR 3 .Stock Restricted Yes Cemetery District: gOmeStIC Wateliformation Court District: Over the Counter Water: Yes, Suitability Mao PUD Comm District: Qualifying Water Banks: Big Creek WR, Bourne, Burchak, Parks and Rec District: KittitasCnty(Amerivest), KittitasCnty Wildland Urban Interface: (Clennon), Reecer Creek, KittitasCnty (Roth), KittitasCnty(Williams), New Stock Restricted Area: Suncadia(Big Creek), New Suncadia (SwaukFirstCreeks), New Suncadia COE Gas Service Area: (TeanawayRiver), Roan New Suncadia, SC_Aggregate, Swiftwater Ranch, Trailside, Western Water Partners, Yakima Mitigation Services Sub Basin Watershed: Wilson -Cherry Creeks Ellensburg School District Ellensburg Water Kittilas Valley Fire and Rescue (Fire District 2) N/A Lower District Court District 2 IR 3 .Stock Restricted Yes KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 13, 2021 TOPIC: Public Works Road Variance Committee ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare a code amendment to KCC 12.01.130. BRIEFING SUMMARY: • Issues with the Road Variance Committee are ongoing. • The August 18, 2021, meeting was not attended by a quorum and the variance request was tabled after a committee member was requested to attend. BACKGROUND: Public Works (PW) briefed the Board of County Commission regarding Road Variance Committee operational concerns on 03/27/2017 (EXHIBIT 1). 2020 saw few requests for variance owing to the pandemic. Requests are expected increase in the near future as the County recovers from COVID 19, and public meetings resume. DISCUSSION: The committee continues to struggle meeting quorum requirements. The most recent committee meeting was not attended by the Fire Marshall's Office nor by a committee member (EXHIBIT 2). Another committee member responded after being contacted by Administrative Supervisor Leader. The Fire community failed to provide any comment on the request. PW believes it is time to amend KCC 12.01.130. Individuals seeking variance to our standards are not being given the respect they deserve. PW proposes having all requests ruled upon by the County Engineer, with any desired reconsideration being conducted the Public Works Director. An appeal to the Director could then be heard by the County's Hearing Examiner. An additional code amendment to KCC 15A.01.040 is required allowing the inclusion of Public Works administrative decisions to be appealed to the Hearings Examiner. FISCAL IMPACTS: None forecast at this time. Page 1 of 4 Public Works "Work Session Staff Report", 2021 ATTACHMENTS: Exhibit 1: Public Works Study Session Briefing 03-27-2017 Exhibit 2: Road Variance Committee Meeting Minutes of 08-18-2021 Page 2 of 4 Public Works "Work Session Staff Report", 2021 EXHIBIT 1: PUBLIC WORKS STUDY SESSION BRIEFING 03-27-2017 Page 3 of 4 Public Works "Work Session Staff Report", 2021 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: March 27, 2017 TOPIC: Public Works Road Variance Committee ACTION REQUESTED: Direct Staff Prepare a Code Amendment Amending KCC 12.01.130 LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepares a code amendment amending KCC 12.01.130 for Commission review. BREIFING SUMMARY: • Currently, a variance committee considers road standard variance requests • The committee is made up of: Fire Marshall's Office, Community Development representative, County Road Engineer and three citizen representatives • Recent decisions are being made on simple majority without weight for engineering considerations from Public Works • Two of the citizen representatives are regularly recusing themselves from decisions owing to conflicts of interest (engineering and construction) • Increasingly, steep terrain in the upper county is prohibiting acquisition of building lots as developers failed to consider road grade during the platting process • Numerous lots exist with non-compliant access issues • Revising KCC 12.01.130 returns engineering decisions to Public Works BACKGROUND: During the past 18 months, numerous requests for variance to County road standards have been managed by the Roads Variance Committee. On numerous occasions, Public Works has dissented with the committee on decisions granting variance to our standards. The committee functions on majority vote. In almost all circumstances, Public Works has been more likely to adhere to standards than members of the committee. Increasingly, it appears that emotion is driving committee decisions rather than engineering science. In one recent example, a request to access a minor collector roadway was denied by Public Works owing to the lack of safe sight distance. The committee ruled in opposition to our denial for economic reasons as plead by the applicate. We now have an access that does not meet minimum safety requirements. The Pagel of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT County has accepted ongoing risk at this location. The applicant did have legal access at another location. DISCUSSION: The current variance process is increasingly subject to decision making not supportive of Public Works standards. Individuals who have purchased lots in steep terrain are unwilling to spend the money on improved access necessary supporting fireRifelsafety access. Maintaining safe access is a burden for Public Works and should not create a burden for the fire or law enforcement community_ Public Works prefers amending KCC 12.01.130. We desire altering the variance process in the following manner. • Applicant's prepare their variance request • Applicant meets with County Road Engineer presenting their request • County Road Engineer evaluates the request and issues a determination • Unfavorable decisions may then be requested for reconsideration by the Public Works Director • The Director may gather additional information as appropriate and issues a final departmental determination • The Director's decision may then be appealed to Board of County Commissioners Public Works believes that this revised process better serves the public interest in that the variance considerations are based on engineering science and judgement - not based economics or social considerations. Relief from standards based on non -engineering rationale is best managed by elected officials. Accepting risk assigned to the department from a citizen committee seems unreasonable given the amount of pending requests coming from steep terrain development. Upon request, staff will return to the Board with a redline mark up of KCC 12.01.130 for Board consideration. FISCAL IMPACTS: None. ATTACIIMENTS: Exhibit 1: Current Variance Code (KCC 12.01.13 0) Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: KCC 12.01.130 Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Mmras c,ounry noara or k-ounry "minussroners i c ounry c.oue I rine iz rcoaus ana rsna... rage r oz r 12.01.130 Variances (Departures from the Standards) and Appeals. Variances from these Standards may be granted by the Road Variance Committee, comprised of the Public Works Director, Community Development Services representative, Fire Marshal, or designees, and three citizens appointed by the BOCC. The granting of a variance shall be in the public interest When the need for a variance can be identified in advance, the variance should be proposed at preliminary plat stage and be included for consideration during plan review and public hearing. Variances from the standards in this title will be considered on a case-by-case basis. Variances will be granted only upon evidence that the variance demonstrates the following: A. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district; and B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the developer possessed by the owners of other properties in the same vicinity or district; and C. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located; and D. Special conditions and circumstances do not result from the actions of the developer, and E. The granting of such variance will not adversely affect the realization of the Kittitas County Comprehensive Plan, Long -Range Transportation Plan or this title. The variance request(s) shall consist of: A. Variance fee. B. Variance application. C. Identification of the standard provision to be waived or varied. D. Identification of the alternative design or construction standards to be adhered to. E. A thorough justification of the variance request. Requests may be prepared by the developer, professional civil engineer licensed to practice in Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC 15A.08, based on the underlying land use decision in accordance with Ch. 36.708 RCW. (Ord. 2015-010,2015) http://www.co.kittitas.wa.us/boc/countycode/title12.aspx 3123/2017 hnUU1S UOUnly 150arU 01 %_oUnIy t_on=SS1onO1S i DlJar(1S, c.urr=uees, ana i,ommisslons Kittitas County Boards and Committees Road Variance Committee KCC 12.01.130 rage 1 01 1 The granting of a variance shall be in the public interest. When the need for a variance can be identified in advance, the variance should be proposed at preliminary plat stage and be included for consideration during plan review and public hearing. Variances from the standards in this title will be considered on a case-by-case basis. Variances will be granted only upon evidence that the variance demonstrates the following: X Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district; and B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the developer possessed by the owners of other properties in the same vicinity or district; and C. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located; and D. Special conditions and circumstances do not result from the actions of the developer; and E. The granting of such variance will not adversely affect the realization of the Kittitas County Comprehensive Plan, Long -Range Transportation Plan or this title. Members 1. Mark Cook 2. Doc Hansen 3. Josh Hink 4. Brandon Drexler S. Marc Kirkpatrick 6. (Vacant) Candie Leader, Clerk Public Works Director Interim - CDS Director Interim - Fire Marshal Citizen rep., District #1 Citizen rep., District #2 Citizen Rep., District #3 http://www.co.kittitas.wa.us/bocfboards/boards.aspx?board=road-variance 3/23/2017 EXHIBIT 2: ROAD VARIANCE COMMITTEE MEETING MINUTES OF 08-18-21 Page 4 of 4 Public Works "Work Session Staff Report", 2021 KITTITAS COUNTY ROAD VARIANCE MEETING Webex Regular Meeting WEDNESDAY 2:00 PM AUGUST 18, 2021 Those present: Josh Fredrickson(PW),Jeremy Johnston(CDS),Brandon Drexler(Committee Member),Gail Weyand (PW) Not present: Marc Kirkpatrick, Pat Nicholson Guests present: Cary White and Gary Kurtz CALL TO ORDER Josh Fredrickson called the meeting to order at 2:16 PM And presented the staff report for Road Variance RV -21-00002 from Cary White asking for a variance to the 2015 Kittitas County Road Standards 12.04.080 Private Road Design Criteria and 12.04.090 Private Road Construction control, Inspection and Certification. Cary White is requesting access and a building permit without required improvements to Hawthorn Lane. DISCUSSION Gary Kurtz spoke about their road request for Hawthorn Lane. Josh Fredrickson and Gary Kurtz spoke about a court order on the 16foot easement. Brandon Drexler asked if anyone had spoken to the Fire Marshal about the easement width. Brandon Drexler said we should talk to Pat Nicholson, he is worried about approving without Pat Nicholson's input on the road width. Josh Fredrickson spoke about the road certification. DECISION Brandon Drexler asked to table the conversation so Pat Nicholson could have input on it. Jeremy Johnston and Josh Fredrickson were in agreement to table the conversation. Brandon Drexler made a motion to table RV -21-00002 White road variance to next meeting or a special meeting. Jeremy Johnston seconded. Motion Carries 3-0 Meeting adjourned at 2:41 PM Gail Weyand, Clerk KITTITAS COUNTY PUBLIC WORKS Josh Fredrickson, Co. Engineer