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HomeMy WebLinkAboutM100394 :i¡i¡i¡:iiI¡i¡iI::¡:¡iii¡i¡:¡:¡i¡i:ii:¡i¡i¡ij:jii::i¡iIj~j:ji¡ifi'E:::::::~:E:::::::~:S:::::::ij:N:::;::::¡:ii¡~'lN::::::::MM::iiB:::::::J(:~:~·Ð·::::::::i:~~:~~i¡:i:$~KM:::::::::::M::::;:::::I::::S·:::::::S:::::::::I::~N::::;::::ifR:::::::::s:¡i¡i¡i¡:¡¡¡¡¡ii:¡i¡¡¡¡i¡ijijijjijjjj¡¡ji¡iii¡i¡i¡:¡¡j¡i:jj¡jjjjjjl¡j¡ ....................................~ ~~ ~..~. ..~.. ~.~~~.. .~~ ....~~..~. ,. . .. .~.~. ...~.....~.....~.................. ":::I.Ò¿::;- MINUTES WEEK OF OCTOBER 3, 1994 The Chairman called the meeting order at the appointed time. The Board met in executive session from 9:00 to 9:30 a.m. with the Community Services Director regarding a personnel matter and then with the Prosecuting Attorney regarding potential litigation. Bob Mintv re: Special Event Permit: FilminS! of the Hoh River the week of October 10, 1994: HKM Productions: Bob Minty reported that eyerything is in order for this permit. Commissioner Huntingford moved to approve the special event permit for the filming of a commercial on the Hoh River by HKM Productions. Commissioner Wojt seconded the motion which carried by a unanimous vote. GMA Update: GMA Project Manager Steve Ladd reported that the Growth Manage- ment Steering Committee agreed on the population projections to be used for GMA planning. The Committee asked that the Hearings Board be petitioned to accept these population projections since they are more than the State Office of Financial Management (OFM) projections. The Planning staff of the City and the County are holding off on the petition to allow time to work through the process. This will be discussed at the next GMSC meeting. The Lake Leland Planning Committee is meeting to review the County's comments on their community plan tomorrow. Steve Ladd noted that during another meeting the Chairman of the Board questioned the purpose of these update sessions each week, suggesting that an update once a month would be enough. He explained the purpose of the sessions, and noted that citizen participation has been included during these updates, which he feels is valuable. He then thanked the Board for their patience during the Comprehensive Plan update process. He thanked David Goldsmith, the Planning Department staff and the Planning Commission for all their help also. He recommended that these updates remain as they have been scheduled. VOl ¿b tAG~ 01522 PUBLIC COMMENT PERIOD: The adoption of the Airport Master Plan, the County not being compliance with FEMA regulations with the Flood Plain Management Ordinance, and problems with the Tri Area Community Planning Committee process were all discussed. Commissioners' Meeting Minutes: Week of October 3, 1994 . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . BUSINESS FROM COUNTY DEPARTMENTS: PLANNING AND PERMIT CENTER Steve Ladd. Director of LonS!-RanS!e PlanninS! re: Adoption of the Jefferson County International Airport Final Master Plan: Steve Ladd discussed his memo to the Board regarding the receipt of the Airport Master Plan and the process that the County must go through before adopting the master plan. day. Commissioner Huntingford was called away for personal reasons for the balance of the PUBLIC WORKS DEPARTMENT HEARING re: Franchise Application. SinS!le Family Water Line: Carl Johnson Road. Dabob: John InS!ebretson: Public Works Traffic Engineering Technician Bob Henderson reported that this franchise is for a single family water line, 100 feet in length. The Public Works Department recommends that a construction bond of 150% of the cost be required. The Chairman opened the public hearing. Hearing no public comment for or against this franchise application, the Chairman closed the hearing. Commissioner Wojt moved to approve the franchise for John Ingebretson with the conditions as recommended by the Public Works Department. Chairman Hinton seconded the motion which carried by a unanimous vote. Discussion re: Present Status and Future of the Jefferson County Pioneer BuildinS!: Facilities Manager Warren Steurer reported that a consulting firm was hired to do an inspection and prepare a report on the Pioneer Building that the County owns in downtown Port Townsend. The bottom floor of the building is leased for a grocery store. The second and third floor, the report indicates, need many improvements. The exterior of the building also needs improvement. There is no money in the Facilities budget to make these improvements. The Facilities Management Division of the Public Works Department recommends that the County consider selling this building. Public Works Director Gary Rowe reported that if the building was sold the proceeds would be distributed among all the taxing districts. The sale would have to be contingent on the purchaser being willing to continue the lease of the bottom floor which runs through 1997. Commissioner Wojt asked if the building could be used for County offices? Gary Rowe reported that access is the issue for using the building for office space. If the Board wants to pursue selling this building, a public process has to be started to declare it surplus. The Board members concurred that the process for declaring this building surplus be started. Michael Glaetke re: Statutory Vacation of Third Street: Chairman Hinton noted that several issues have been raised by Mr. Glaefke regarding the County's process for this statutory vacation. One issue was that this vacation cut off access to 21 properties in this area. Public Works Director Gary Rowe reported that people petitioning for a statutory vacation are asked to provide proof that the roads were not open. The Public Works Department researches their files to determine if there is any evidence that the roads were opened during the prescribed time period. If evidence cannot be found the road is assumed to be vacated. The question is VOl 20 rAGf 01523 Commissioners' Meeting Minutes: Week of October 3, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . what is the legal status of a road that is vacated (by statute in the early 1900's), but an open road exists on that vacated right-of-way. The statutory vacation process just says that the County (the public) doesn't have any interest in the property any more, it does not deny people access to their property. The adjacent property owners then have to establish their access through another process (the Court, quiet title, etc.) Gary Rowe suggested that the Board could acknowledge, in statutory vacations, that adjacent property owners served by a vacated street do have an easement which provides access to their lots. The vacation took place five years after the plat was dedicated in 1888 (1893). Chairman Hinton asked if the adjacent and impacted property owners are notified of the pending statutory vacation? Gary Rowe reported that in a regular road vacation, property owners are notified of a vacation, but in the statutory vacation process there is no public input necessary because the County is just affirming that the road was vacated five years after the plat was approved. AI Carmen stated that the County's statutory vacation process forms state that there may be other easements (utility, roadway, access, etc.) in the area. The County is neither giving or taking away anything in a statutory vacation. Geoff Hlavin explained that he examined the records back to 1915 and there was no proof that the road did not exist. He feels that since the properties that were platted in this area must have been served by a road, that indicates that the road must have been opened prior to 1915. . Gary Rowe added that the Public Works Department has been advised by the Prosecuting Attorney that they can only go by the record and if no record exists then it implies that the road was never open. Michael Glaefke reported that he has a copy of an agreement from 1977 that shows that the road was open. Gary Rowe explained that the law was passed in 1889-90. In 1909 that law was amended so that this law doesn't apply to any plats platted after 1904. Up until about 1984 the County essentially ignored this law because so many problems can be created by these vacated streets. The Board treated these roads as platted roads up until that time. The Prosecuting Attorney advised the Board that the policy they had been following was not enforceable and the Statutory Vacation Ordinance was adopted. Commissioner Wojt asked how the County can address the issue raised regarding usage roads? Gary Rowe answered that the Board can consider three options: 1) tell the property owners impacted that it is their responsibility to exercise their rights and they would have to file an action in Superior Court to quiet title or obtain an easement, 2) the County could declare that the road has been opened for 10 years and used as a public road, so it is considered a public road, and 3) the County could declare the need for a County road in the area and go through the process to acquire title to the road. The discussion continued regarding the work being done on Third Street by the property owner adjacent to the vacated Third Street right-of-way. Geoff Hlavin stated that this road is obviously opened and there are 21 pieces of property that are landlocked. Alan Carmen reported that Mr. Hagen owns three of the properties, so there are only 18 properties landlocked. Gene Seton stated that he had this matter researched by two attorneys and they both agreed that these roads are vacated to the public, but not to the property owners in those plats and those property owners have access over those roads to their properties. Gary Rowe noted that there is a difference between what is legal and what is policy. The County can't make a legal opinion about whether a road was open or not. That would have to be done by a Court. The Board can make policy on what action they want to take in certain circumstan- ces. Chairman Hinton stated that he has concerns for the adjacent property owners in the area and their access as well as possible future County liability if emergency access is not provided as it should be. Gary Rowe reported that he will ask the Prosecuting Attorney to put some policy alternatives together for the Board to review. The Board concurred that this be done. VOl 20 tArt o 1524 Commissioners' Meeting Minutes: Week of October 3, 1994 . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to delete item 3 from the Consent Agenda and to adopt and approve the balance of the items as submitted. Chairman Hinton seconded the motion which carried by a unanimous vote. 1. Approve Request to Name the New Animal Shelter Building, Located at 105 Landfill County Road, the Denny and Mary Sullivan Building, to Honor Their Contribution to the Community, and that a Plaque be Mounted on the Building Stating the Same 2. RESOLUTION NO. 107-94 re: Establishing the Name for A Private Road; Nighthawk Ridge Road 3. DELETE RESOLUTION NOo_ re: In the Matter of the Proposed National Marine Sanctuary For Northern Puget Sound 4. CONTRACT, Amendment re: Professional Services for Vocational Rehabilitation Services; Department of Social and Health Services, Division of Vocational Rehabilitation (DSHSIDVR) 5. AGREEMENT re: Outpatient Treatment Following Inpatient Care for Drug and Alcohol Abuse; Lakeside Recovery Centers, Inc. HEARING re: Appeal of Final MitiS!ated Determination of Non-siS!nitïcance: Knutson Short Subdivision #SP-12-93. Tala Point. Port Ludlow: Robert Knutson. Appellant: Chairman Hinton read the hearing procedure and asked the following questions: Q) Is there anyone in the audience who objects to the participation of any of the County Commissioners in these proceedings? A) No one objected. Q) Do any of the Commissioners have an interest in this property or issue? A) Both Board members answered no. Q) Do any of you stand to gain or lose any financial benefit as a result of the outcome of this hearing? A) Both Board members answered no. Q) Can you hear and consider this in a fair and objective manner? A) Both Board members answered yes. Q) Has any member of the Board engaged in communication outside this hearing with opponents or proponents on the issue to be heard? A) Both Board members answered no. Associate Planner Jerry Smith reported that the following issues being appealed by Mr. Knutson related to the mitigation measures: 1) mitigation measures 4 and 5 relate to fees for the school and fire district, 2) the mitigation measure regarding the notice to potential purchasers, and 3) the mitigation requiring a Bald Eagle Management plan recommended by the State Department of Fish and Wildlife. The Board has been provided with the entire record of the threshold determination. He then submitted a letter from the appellants attorney suggesting alternate language for mitigation measure #2, which he noted the Planning Department supports. There were two building permits issued on this 3 1/2 acre parcel in October of 1991, and construction has been on-going on 2 single family residences since then. Chairman Hinton asked if the slope stability evaluation done by a private engineer has been approved by the County Engineer? Jerry Smith reported that is correct according to Public Works. Chairman Hinton then asked the effective date of the Port Ludlow SEPA mitigation which established the mitigation fee for schools and fire? Jerry Smith reported that it was August 23, 1993. Chairman Hinton asked if it is correct that the environmental checklist was submitted July 12, 1993? Jerry Smith reported that is correct and that the application was found to be substantially complete on July 12, 1993. Robert Kutz, Attorney for the Knutson's, stated the following: Mitigation Measure #1: His clients have no problem with this mitigation measure. Measures 2 and 3 would be replaced, if the Board so finds, with the suggested wording just submitted. These issues have been thoroughly addressed in the recommendations made by engineers of Northwest Territories. The Public Works Department has agreed VQI.. 20 UGf 01525 Commissioners' Meeting Minutes: Week of October 3, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that these recommendations for stormwater and erosion management are satisfactory for this project. Measures 4 and 5 he believes are inappropriate in this subdivision. The building permits were issued and the projects were substantially under construction at the time these policies were implemented by the County. This subdivision is being done because there is financing available to two parcels and two houses that is not available otherwise. The Knutson's have been building out of pocket, but that is a hardship. He asked that the Board take the same action on this plat that was taken on the Morrell Short Plat (See letter dated November 22, 1994.) There is no new burden created by this property. Measure #6: They have no objection with a statement on the plat. Measure #7: If the Knutson's were to finish their houses and pay for them as they have been, there would be no need for an Eagle Management Plan at all. They have been working with the State Department of Wildlife to resolve the issues that remain on this plan. He asked that the Commissioners take action on the balance of the SEP A mitigation measures and allow them time to reach agreement with the State Department of Fish and Wildlife on the Eagle Management Plan. If agreement cannot be reached on this Plan, then Mr. Knutson would have to withdraw his subdivision application. Commissioner Wojt asked about mitigation #5. Mr. Kutz stated that this project was well underway when the Fire District and the School District asked that these fees be imposed. He feels it is inequitable for the County to retroactively impose fees simply because they now have the power to do so due to this retroactive division of the property for financing purposes. They are asking that these fees be waived, since there is no change in impact to the County as a result of this action. Commissioner Wojt then asked what the effect would be of the alternative language suggested by Mr. Kutz for mitigation measures 2 and 3? Jerry Smith reported that this language refers to the Slope Stability Evaluation report done by J.R. Newlin, Engineer. This language ties back to the recommendations in the slope stability report. Mark Huth added that it is his understanding that the Public Works Department has reviewed the language proposed by the applicant and they feel that it will suffice to mitigate the impact in measures 2 and 3. Prosecuting Attorney Mark Huth reported that since the subdivision and the building permit were applied for before the date of the mitigation fees, these fees should not be applied to this subdivision because it was vested under the previous regulations. In response to a question from Commissioner Wojt, Mr. Kutz explained that the project proponent has been working with the State Department of Fish and Wildlife on an Eagle Management Plan. They have run into a sticking point with the State because they are asking that if there are no eagles occupying the site for a period of time that the plan terminate. It is his client's position that there would not be a necessity to create a formal plan if the Knutson's were to simply complete building their houses. They have taken a great deal of care with the site already. Chairman Hinton asked how far the eagle's nest is from this property? Mr. Kutz reported that the eagles nest is about 100 feet or so from the property line. The eagle had been nesting in a tree about a mile and half away from the property two years ago and then kicked an Osprey out of the nest in this tree after his clients had started building. He requested that the Board waive that requirement for the subdivision. Chairman Hinton stated that this subdivision is simply to draw a line on a map. The building permits have been issued, the roads are in, the foundations are in. The State Department of Fish and Wildlife did not respond in the required amount of time. He stated that he doesn't see any impact that this subdivision would have on this Eagle nest and he supports waiving condition #7. Commissioner Wojt moved to accept the wording for mitigation measure #2 and because of the date of the subdivision application, the mitigation fees for the School District and Fire District be waived and a notification be sent to these jurisdictions, and that mitigation measure #7 be left as is. The motion died for lack of a second. VOl 20 . UG~ o 1.526 Commissioners' Meeting Minutes: Week of October 3, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman Hinton recommended that this matter be continued until Commissioner Huntingford has time to review the tape of this meeting. This item was continued to the October 10, 1994 meeting at 10:35 a.m. Discussion re: APtJointinS! Three (3) Members and Three (3) Alternate Members to the Jefferson Community Network Board: After reviewing the applications submitted, Commissioner Wojt moved to appoint Elizabeth Ammeter, Marnie Frederickson, and Cheryl Trine to the Jefferson Community Network, with Kenley Gard as the alternate. Chairman Hinton seconded the motion which carried. The next day: Commissioner Wojt moved to appoint Sue Schroader and Tim Caldwell as alternates to the Community Network Board. Commissioner Huntingford seconded the motion which carried by a unanimous vote. The meeting was recessed at the conclusion of the scheduled business on Monday and reconvened on Tuesday morning with all three Commissioners present. Discussion re: The Statutory Vacation of a Portion of Unnamed Streets in the Plats of W. . Worthin ton's Addition and ose hine Cam bell's Addition: After reviewing the resolution for this vacation, Commissioner Wojt moved to approve RESOLUTION NO. 108- 94 for the statutory vacation of a portion of unnamed streets in the plats of W.J. Worthington's Addition and Josephine Campbell's Addition. Chairman Hinton seconded the motion which carried by a unanimous vote. The Board then met with Community Services Director David Goldsmith to discuss the ordinance being prepared to comply with the Hearings Board order and repeal the current moratorium on subdivision applications. MEETING ADJOURNED JEFFERSON COUNTY OF COMMISSIONERS " " ;1 .. <f' \ '" Ä'Q'E~T~\ . t ') ~$a &a~¡ Lorna L Delaney, Clerk of the Board VOL 20 Uf,~ o 1.5~7