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Home My WebLink About10-14-2024 PW_CDS SS Briefings s KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS—BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: October 14,2024 TOPIC: Comprehensive Economic Development Strategic Plan ACTION REQUESTED: Direction to Staff LEAD STAFF: Joshua Fredrickson RECOMMENDATION: Direct staff to prepare enabling documents for use of 2024 Fund 108 (Distressed County Sales and Use Tax) BRIEFING SUMMARY: • Comprehensive Economic Development Strategic (CEDS)plan is a community based economic development plan needed to be eligible for certain federal funding • CEDS are developed regionally,with Kittitas and Yakima County • Most recent CEDS was updated in 2015 • Central Washington University (CWU)has experience with developing CEDS that meet Federal requirements • Conference of Governments supports use of 2024 Public Facilities Fund 108 (Distressed County Sales and Use Tax)to fund CEDS update BACKGROUND: A Comprehensive Economic Development Strategy (CEDS) contributes to effective economic development in communities and regions. This economic development planning effort helps to engage community leaders, leverage private sector involvement and assist in developing regional collaboration. Regions need to update their CEDS on a regular basis,typically every five years,to qualify for the U.S. Economic Development Administration(EDA)assistance under its Public Works and Economic Adjustment Assistance programs. DISCUSSION: CEDS is a strategy driven plan for regional economic development. This economic development plan is a prerequisite for designation by the EDA as an Economic Development District(EDD). Central Washington University has experience with the development of CEDS plans which meet federal requirements. The CEDS for Kittitas County includes Yakima County,which was last updated in 2015. An update is needed to address current community conditions, coordinating economic efforts and planning for future development. Kittitas County Conference of Governments supports the development of an updated CEDS (Exhibit A). Funding for the cost of the plan would be divided between Yakima County and Kittitas County. Sufficient funding is available in the 2024 Public Facility Fund 108 (Distressed County Sales and Use Tax)to support funding of the updated CEDS. FISCAL IMPACT: Kittitas County project share estimate of$50,305.00 from 2024 Public Facility Fund 108 (Distressed County Sales and Use Tax). ATTACHMENTS: Exhibit A: Kittitas County Conference of Governments Letter Exhibit A: Kittitas County Conference of Governments Letter Kittitas(ounty o City of Cle Elum - City of Ellensburg °(ity of Kittitas o(ity of Roslyn o Town of South Cle Elum KITTITAS COUNTY CONFERENCE OF GOVERNMENTS September 25, 2024 Kittitas County Board of County Commissioners 205 West 5t'Avenue, Suite 108 Ellensburg,WA 98926 Dear Commissioners, Kittitas County Conference of Governments(COG)is writing to express our recommendation to expeditiously fund the work of Central Washington University(enclosed)and our Associate Development Organizations in Kittitas and Yakima Counties for the development of an updated regional Community Economic Development Strategic(CEDS)plan in compliance with federal Economic Development Agency requirements. COG believes this expenditure is of urgent importance to our region as it defines our roadmap to not only economic development but also makes those identified projects and concepts eligible for increased federal funding. Infrastructure investment is a recognized challenge for our county, and COG believes this work will be of great assistance to assigning priority to those projects that represent the greatest opportunity for leveraged gains. COG asks that you work with Yakima County to also come together with an equal split of the necessary funding allocation for this project. By moving quickly to do so,the regional Economic Development District can begin the task of assigning organizational responsibilities and get this project on the right path. Thank you for your attention to this matter, and COG looks forward to working with you to help develop our area's economic development future. Sinc rely, Matthew Lundh Chair, COG CC: Central Washington University—Business and Community Services Kittitas County Chamber of Commerce Yakima County Development Association Enc: CWU Proposal K.(.UX ° 411 North Ruby Street,Suite 1 o Ellensburg,WA 98926- PH(509)962-7523°FX(509)962-7663 Central Washington University Proposal 1. CWU costing includes(*=CWU proposing to absorb cost) 1. Dr. Provaznik acting as SME and driving community engagement/information capture, analysis/modeling of opportunities and resource gaps, and data development 2. *Rob Ogburn as project manager, coordinating ADOs and other activities, schedules,metrics, communications and marketing message content(includes some engagement with EDA Seattle office) 3. Both Dr. Provaznik and Rob drafting the CEDS /presenting for review/ finalizing the document and engaging with EDA for review/approval (included in above hours) 4. CWU/Dr. Provaznik and team to provide data/reporting and economic modeling software and systems to support development of CEDS 5. *CWU to provide internal administrative activities and University Relations/ Marketing message development efforts 2. Additional assumptions: 1. ADO in Yakima and Kittitas are responsible for duties generally outlined in the "CEDS Action Plan"presented on July 12,with additional similar duties of similar scope to be determined as project milestones develop 2. Full engagement by Yakima/Kittitas EDD members as outlined in the CEDS Action Plan and developed as a group through recurring meetings Total Cost: $157,683 CWU to absorb*: - $57,073 Net Cost for Discussion: $100,610 Page 2 of 2 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS—BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: October 14,2024 TOPIC: Flood Conservation Easement ACTION REQUESTED: Authorize Chair Signature on Flood Conservation Easement Granted to Kittitas County LEAD STAFF: Arden Thomas RECOMMENDATION: Authorize Chair Signature on Flood Conservation Easement Granted to Kittitas County BRIEFING SUMMARY: • Code enforcement case CE-15-00058 was opened in response to the unpermitted placement of floodplain fill on parcel 20523 (Lot 3C of Ginny Short Plat). • In August 2018, Public Works Director Mark Cook,the Floodplain Administrator, determined that the purchase of an adjacent vacant property and recording of a restrictive covenant protecting floodplain functions would mitigate the floodplain fill violation. • Parcel 20498 (Lot 4C of Anspach Short Plat) was purchased by the landowners of parcel 20523, Dennis W. Klemmer and Terri L. Marchon to mitigate for the floodplain fill. • Public Works has worked with Dennis W. Klemmer and Terri L. Marchon to finalize the conservation easement required to protecting floodplain functions and mitigate the floodplain fill violation. • This conservation easement has been finalized and signed by the landowners. Kittitas County must now sign as the grantee. BACKGROUND: In 2015 Kittitas County became aware of unpermitted floodplain construction activities at 201 Twin Waters Lane (Lot 3C of Ginny Short Plat,parcel 20523). Prior owners, James Pfeffer and Carla Pfeffer, had constructed an extensive rock berm around two sides of the property without securing necessary floodplain permits. The violation was investigated by Christina Wollman, Kittitas County Floodplain Manager, and Lisa Iammarino, Code Enforcement Officer. Original owners James Pfeffer and Carla Pfeffer sold the property to Dennis Klemmer and Terri Marchon,who were unaware of the floodplain fill violations. Dennis Klemmer and Terri Marchon worked with Director Cook,who as Public Works Director, was responsible for flood management,to develop a mitigation Page 1 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT approach which included the purchase of an adjacent, vacant property (Lot 4C of Anspach Short Plat, parcel 20498) and recording of a Flood Conservation Easement protecting floodplain functions on parcel 20498 to mitigate the floodplain fill violation on parcel 20523. DISCUSSION: The Flood Conservation Easement applies to approximately 3.90 acres of mapped floodplain within the 6.38-acre parcel. The Flood Conservation easement allows grazing within the easement area but prohibits the development of the construction of any temporary or permanent buildings, structures, stream crossing structures, or impervious surfaces. The Conservation Easement gives the County the ability,but does not obligate the County,to develop and construct a flood storage project. FISCAL IMPACTS: If a flood storage project is implemented, it would be a Flood Control Zone District project and would be included in annual and 6-year work plans. ATTACHMENTS: Exhibit 1: Resolution Exhibit 2: Conservation Easement Page 2 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO.2024- AUTHORIZE CHAIR'S SIGNATURE ON A FLOOD CONSERVATION EASEMENT GRANTED TO KITTITAS COUNTY BY DENNIS W KLEMMER AND TERRI L.MARCHON WHEREAS: Dennis W.Klemmer and Terri L.Marchon purchased Lot 4C of Anspach Short Plat, parcel 20498,to mitigate for the floodplain fill previously placed on Lot 3C of Ginny Short Plat,parcel 20523;and WHEREAS: Lot 4C of Anspach Short Plat includes areas adjacent to Currier Creek sufficient to establish supplemental areas for floodwater conveyance, storage and mitigation;and WHEREAS: Dennis W. Klemmer and Terri L.Marchon have agreed to convey to Kittitas County a Flood Conservation Easement for protection,development and maintenance of floodwater conveyance and storage functions on Lot 4C of Anspach Short Plat; and WHEREAS: The purpose of this Flood Conservation Easement is to provide an area within the Conservation Parcel for compensatory off-site flood storage and mitigation and to preserve,develop,maintain and permanently prevent such area from future development; NOW THEREFORE,BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, in the best interest of the public,does hereby authorize chair's signature on a Flood Conservation Easement granted to Kittitas County by Dennis W.Klemmer and Terri L. Marchon. DATED this 14t'day of October 2024,at Ellensburg,Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY,WASE INGTON Brett Wachsmith,Chairman Attest: ❑ Clerk of the Board-Julie Kjorsvik Laura Osiadacz,Vice-Chairman ❑ Deputy Clerk of the Board-Mandy Buchholz Cory Wright,Commissioner After Recording, return to: Kittitas County Public Works Department Attention Arden: Thomas, Water Resources Manager 411 N Ruby ST, Suite 1 Ellensburg WA 98926 Grantor(s): Dennis W. Klemmer and Terri L. Marchon, husband and wife Grantee(s): Kittitas County, Washington Abbreviated Legal Description: Ptn. N W% S. 22, T. 18 N., R. 18 E.W.M. Complete legal descriptions on Page 6 of this document. Assessor's Tax Parcel No: 20498 FLOOD CONSERVATION EASEMENT THIS FLOOD CONSERVATION EASEMENT is entered into this_day of 2024, between Dennis W. Klemmer and Terri L. Marchon, husband and wife, ("Grantors") and Kittitas County Washington, a political subdivision of the State of Washington ("Kittitas County" or "Grantee") (together, the "Parties"). Recitals A. Grantors are the owners of the following described real property ("Conservation Parcel,") situate in Kittitas County, Washington: Lot 4C of ANSPACH SHORT PLAT, Kittitas County Short Plat No. #04-39, as recorded February 2, 2005, in Book G of Short Plats, pages 242 and 243, under Auditor's File No. 200502020001, records of Kittitas County, State of Washington; being a portion of the Northeast Quarter of Section 22, Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of Washington. Map No. 18-18-22052-0003; Parcel ID. 20498 Flood Conservation Easement - 1 B. Grantors are also the owners of an adjoining parcel of real property situate in Kittitas County, Washington: Lot 3C of GINNY SHORT PLAT, Kittitas County Short Plat No. SP# 04-42, as recorded February 2, 2005, in Book G of Short Plats, pages 244 and 245, under Auditor's File No. 200502020002, records of Kittitas County, State of Washington; being a portion of the Northeast Quarter of Section 22, Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of Washington. Map No. 18-18-22053-0003; Parcel ID. 20523 ("Upstream Property") C. The Conservation Parcel includes areas adjacent to Currier Creek sufficient to establish supplemental areas for floodwater conveyance, storage and mitigation. ("Conservation Values"). D. Grantors' purchased the Conservation Parcel and have agreed to convey to Kittitas County a flood conservation easement for protection, development and maintenance of floodwater conveyance and storage functions to mitigate a prior owner's unauthorized placement of fill within the Upstream Parcel. E. The purpose of this Flood Conservation Easement is to provide an area within the Conservation Parcel for compensatory off-site flood storage and mitigation and to preserve, develop, maintain and permanently prevent such area from future development. NOW THEREFORE, subject to the terms and conditions set forth below, Grantors, for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, grants and convey to Grantee this Flood Conservation Easement on the following terms and conditions: AGREEMENT 1. Flood Conservation Easement Area. Grantors hereby grant and convey to Grantee this Flood Conservation Easement over and within a portion of the conservation parcel legally described in Exhibit A, and illustrated in Exhibit B. Grantors and Grantee confirm that the Flood Conservation Easement Area is in close proximity to the upstream flood plain fill location and is compliant with KCC 17A.05.050(2). Kittitas County confirms that the flood conservation easement area is appropriate to meet or exceed the general mitigation plan requirements as well as requirements for flood plain storage mitigation as set forth in KCC 17A.05.050(3). 2. Final Flood Storage Project. The development and construction of flood storage project may be undertaken by Kittitas County at such times it deems appropriate and necessary and will be located within the Flood Conservation Easement Area. Kittitas County shall develop a plan to create a flood storage area. Allowable elements for this Final Flood Storage Project include site development and grading to increase floodplain storage capacity, instream, riparian, wetland, and upland habitat restoration, and necessary activities to maintain floodplain storage and capacity. The final plan shall be subject to review by Grantors and will address project Flood Conservation Easement - 2 considerations associated with grazing and vegetation maintenance. Kittitas County will attempt to incorporate Grantors concerns into the final equivalent flood storage area. 3. Grantors, their heirs, successors, and assigns, shall not be permitted to undertake any construction or improvements or undertake any other activities that reduce, alter, constrict, or diminish the Flood Conservation Easement Area. Prohibited activities include the construction of any temporary or permanent buildings, structures, stream crossing structures, or impervious surfaces. 4. Grantors reserve and any and all lawful use and rights for areas of the remaining Conservation Parcel. All activities on the remaining Conservation Parcel shall be carried out in a manner that maintains the primacy of, and remains subordinate to, floodwater conveyance and storage functions within the Flood Conservation Easement Area. 5. Grantors may utilize the flood conservation area for grazing and deploy a temporary electric fence within the flood conservation area. 6. Grantors may maintain grass and non-native vegetation within the flood conservation area in accordance with local, state, and federal regulations. 7. Grantors may not grant additional easements, rights of way, licenses or permits over the Flood Conservation Easement Area, nor increase the scope of existing easements, rights of way, licenses or permits without the prior written notice to and consent of Grantee 8. Grantee may undertake any activities that are necessary to protect health or safety or prevent significant property damage to the Flood Conservation Easement Area or are required by and subject to compulsion of any governmental agency; provided, however, that Grantee shall first reasonably attempt to notify Grantors prior to taking such action. 9. Following conveyance of this Flood Conservation Easement, Grantors shall continue to privately own and manage the Conservation Parcel, it being the mutual intent of the Parties that the grant of protection hereunder shall not exceed that necessary to legally protect the Flood Conservation Easement Area. 10. The Grantors freely and voluntarily permit the Grantee or Grantee's designee the right to enter the Property at reasonable times for purposes consistent with this Flood Conservation Easement. 11. This Flood Conservation Easement does not grant or permit public access to any portion of the property. 12. This Flood Conservation Easement shall run with the land and shall be binding on successors, assigns, heirs of Grantors and Grantee, until such time, if ever, as terminated in the matter provided by law. 13. In the event that any of the provisions contained in this Flood Conservation Easement are declared invalid or unenforceable in the future, all remaining provisions shall remain in effect. Flood Conservation Easement - 3 IN WITNESS WHEREOF, the undersigned have set their hands the day and year first above written. GRANTOR: GRANTEE: Kittitas County, Washington CJ Dennis W. Klemmer By Chair j Kittitas County Board of Commissioners Terri L. Marchon STATE OF WASHINGTON ) ) ss. County of Kittitas ) I certify that I know or have satisfactory evidence that Dennis W. Klemmer is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act of such entity for the uses and purposes mentioned therein. Dated this t1:3 day of 1 Ck\0C/Y'- 2024. SAMAN-HA COX Not ry ublic in and f �hestat�eashington, Notary Public residing in State of Washington My Commission Expires: Commission# 210261 2027 My Comm. Expires Sep Flood Conservation Easement - 4 STATE OF WASHINGTON ) ) ss. County of Kittitas ) I certify that I know or have satisfactory evidence that Terri L. Marchon is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act of such entity for the uses and purposes mentioned therein. Dated this 3—day of 12024. SAMANTHA COX Notary Public Nota ublic in and fo a state of Washington, State of Washington residing in G� , Commission#210281 My Comm.Expires Sep 26, 2027 My Commission Expires: STATE OF WASHINGTON ) ) ss. County of Kittitas ) I certify that I know or have satisfactory evidence that is the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it as of Kittitas County, a political subdivision of the State of Washington, to be their free and voluntary act of such entity for the uses and purposes mentioned therein. Dated this day of , 2024 . Notary Public in and for the state of Washington, residing in My Commission Expires: Flood Conservation Easement - 5 Exhibit"A" 100 Year Floodplain within Lot 4C of the Anspach Short Plat APN: 20498 Map ID:18-18-22052-0003 All that portion of Lot 4C of that certain Short Plat filed in Book G of Short Plats, Page 242, under Auditors File No. 200502020001, records of Kittitas County, Washington, described as follows: Beginning at the Southwest corner of said Lot 4C, thence N00°03'18"E along the West line, 620.57 feet; thence N60029'44"E along the Northwest line, 174.01 feet; thence S32041'59"E Along the Northeast line, 257.25 feet; thence S07005'59"W, 63.17 feet; thence S14°46'59"W, 129.94 feet; thence S07056'09"W, 74.53 feet; thence S09051'46"E, 183.03 feet; thence S02°08'57"W, 49.07 feet to a point on the South line of said Lot; thence <89°38'12"W, along said south line, 269.28 feet to the Southwest comer of said lot and point of beginning. containing 3.90 acres. Flood Conservation Easement - 6 Exhibit"B" Flood Conservation Easement - 7 --------------- ---------- ITTITAS COUNTY 1$83 2023 � gISEPTUAGENNIAL SW 1 /4 OF NE 1 /4 SEC. 22 T18N=R18E, W.M. -------------------------------------------—-------------- TWIN WA a --------------------------—----------------------------- WI W � �^ o) AREA OF a 100 YR. /`O W /, FLOOD '��, w i U LIMITS W o �; WITHIN ry Z LOT 4C ,y i � o 0 L 0 T,t0 4 C ,o 3 L �////// 269 28 o t . N89'38'12"W 0 100 200 400 1 inch = 200 ft. KITTITAS COUNTY PUBLIC WORKS NAME926 KITTITAS COUNTY FLOOD CONTROL 411 N. RUBY ST., ELLENSwWW www.co.kiWG WA ltas.wo.us us(509)962-7523 100 YEAR FLOOD AREA WITHIN LOT 4C, SP:G-242 °@ PT SW1/4 OF NE1/4 SEC.22, T18N, R18E, W.M. SHEET DRAWING TYPE EXHIBIT DRAWING 1 OF 1 PARCEL NO. 20498 SCALE: 1"=200' SHEETS MAP I.D. 18-18-22052-0003 DATE: 09/30/2024 PROJECT KITTiTAS COUNTY DRAWN BY: J.TURNBULL CHECKED: J. TURNBULL 24002