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HomeMy WebLinkAbout2020-09-14-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday September 14, 2020 -1:30 PM Webex 1. Call to Order 2. Sheriff - Secure Storage Needs 3. Snoqualmie Public Utility District Franchise Agreement 4. Upper County Shop Construction Change Order(s) Update 5. Six -Year Draft Transportation Improvement Plan (2021-2026) 6. Lyons Road Speed Study Results 7. Interlocal Agreement Considering Annexation and Development within the Urban Growth Area of Ellensburg 8. Other business 9. Adjourn Created on 9/10/2020 10:35:46 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES Webex Regular Meeting MONDAY 1.30 PM SEPTEMBER 14, 2020 Board members present: Chairman Brett Wachsmith, Vice --Chairman Laura Osiadacz, Commissioner Cory Wright Others: Mark Cook, Candie Leader, Public Works; Dan Carlson, Jessica Miller, Pat Nicholson, Toni Berkshire, Community Development Services; Neil Caulkins, Prosecuting Attorney's Office; Sheriff Clay Myers, Kittitas County Sheriff's Office; Patti Johnson, Maintenance; Benjamin West, Bowers Field; and Two (2) members of the Public. At 1:52 pm Chairman Brett Wachsmith opened the Public Works Study Session. KITTITAS COUNTY SHERIFF'S OFFICE — SECURE STORAGE NEEDS Sheriff Clay Myers thanked Public Works for adding this item for discussion. Sheriff Clay Myers stated that with the increase in cases and evidence the need for a secured storage area is apparent. Sheriff Clay Myers continued that staff has discussed options with one being the upgrade of the parking lot on the north side of Sixth (6th) Street or the current fenced area at Bowers Field currently being leased by the ERR Fund in Public Works. Mark Cook stated that he has had conversations with Airport Operations Director Benjamin West about the facility at Bowers Field and to comply with County Road Administration Board monitoring the use of road funds the Airport fund would need to reimburse for the upgrades at the site which is approximately fifty three thousand dollars ($53,000). Mark Cook added that he has directed staff to start moving Public Works stored materials in anticipation of terminating the lease for the site. Patti Johnson stated that she would recommend the site at Bowers Field because the site on Sixth (6th) Street is within city limits and zoning could be a concern. Discussion was held. Staff was directed to come back with a detailed plan for discussion. SNOQUALMIE PUBLIC UTILITY DISTRICT FRANCHISE AGREEMENT Mark Cook reported that after a recent site visit on a project on Yellowstone Road staff discovered an open cut in the roadway. Mark Cook stated that after some research it was work being conducted by Snoqualmie Public Utility District (SPUD) for service repairs. Mark Cook continued that SPUD was noticed that a Right of Way Permit was required to perform work in the county road right of way. Mark Cook added that this opened a broader discussion on a current franchise agreement, which, it appears one is not on file for SPUD. Mark Cook stated that SPUD will now need to apply for the franchise 2020-09-14 MINUTES application, and he is requesting to waive the application fee. Discussion was held. Staff was directed to move this item to "Administrative Matters" at the next day's agenda session. UPPER COUNTY SHOP CONSTRUCTION CHANGE ORDER(S) UPDATE Nark Cook stated that at a previous study session discussion was held on the change order process for the Upper County Shop. Mark Cook reported that currently Public Works has handled small change orders totaling around eighty-four hundred dollars ($8400) for various items and the building should be delivered in the next several weeks. SIX-YEAR DRAFT TRANSPORTATION IMPROVEMENT PLAN (2021-2026) Mark Cook stated that annually Public Works prepares a six (6) year plan to present to the Board of County Commissioners for approval. Mark Cook reported that with that annual process Public Works holds two (2) open houses for the public to review and provide comment on the plan being presented. Mark Cook continued that this year Public Works is proposing to publish the plan along with a presentation of the projects on the website for public comment. Mark Cook pointed out that the upcoming plan is addressing an increasing issue in the Badger Pocket area and the use of county roads to service orchard operations. Mark Cook stated that the maintenance of upgrade of these roads will require use of local funds and if right of way acquisition is involved will be quite expensive. Mark Cook added that staff's plan is to finish up the documents to be posted to the website and will bring back the plan for adoption by the Board in October. LYONS ROAD SPEED STUDY RESULTS Mark Cook stated that a request for a speed reduction on Lyons Road was received by staff and the Board was previously briefed on the request. Mark Cook reported that counters were placed in two locations on Lyons Road and the data collected shows the traveling public within the eighty fifth percentile (85%) for speed. Mark Cook added that this section of roadway has four (4) under twenty (20) feet bridge structures for irrigation and all residents in the area signed a petition supporting the reduction in speed. Mark Cook continued that staff is requesting to set a public hearing to receive public testimony and present the data for Board consideration. Staff was directed to set a public hearing at an upcoming agenda session. 2020-09-14 MINUTES INTERLOCAL AGREEMENT CONSIDERING ANNEXATION AND DEVELOPMENT WITHIN THE URBAN GROWTH AREA OF ELLENSBURG Mark Cook gave background on the agreement and the previous attempts to get the interlocal with the City of Ellensburg updated and finalized. Mark Cook stated that in 2017 the issue with the agreement was centered about transportation impact fees. Mark Cook continued that county staff along with Commissioner Brett Wachsmith and City of Ellensburg staff met to discuss getting an agreement drafted that all parties can agree on. Mark Cook stated that Prosecuting Attorney Neil Caulkins was also involved in the review and all parties believe the agreement is ready for consideration. Discussion was held. No action was taken. Meeting adjourned at 2:29 pm 2020-09-14 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COTMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 14, 2020 TOPIC: Snoqualmie Public Utility District (SPUD) Franchise Agreement ACTION REQUESTED: Waive the Application Fee for SPUD LEAD STAFF: Mark R. Cook RECONLM ENDATION: Waive the $3,225 franchise application fee for SPUD. BRIEFING SUMMARY: • Recently, staff determined that SPUD does not have a valid franchise agreement on file with Public Works (PW) for water and sewer utilities. • Franchise agreements are required by County code for all utilities seeking to utilize County right of way. • PW desires getting a franchise (water and sewer) in place for SPUD soon. BACKGROUND: SPUD is embarking on significant expansion of wastewater and water utilities in the Snoqualmie Pass Limited Area of More Intense Rural Development (LAMIRD). Recently, the utility company saw cut Yellowstone Road and PW responded to a complaint call. The incident has revealed a lack of franchise agreement allowing SPUD to maintain its infrastructure in County rights of way. DISCUSSION: PW desires assisting SPUD secure a franchise agreement with the County. To that end, PW is requesting the Board of County Commissioners consider waiving the franchise fee ($3,225). The Utility is facing significant costs associated with the pending service expansion. Last year, the Board allocated $250,000 towards utility improvements in the LAMIRD recognizing the high cost of infrastructure improvement being proposed by the district. Once in place, the franchise allows ongoing work in County right of way through its Right of Way permit process. FISCAL IMPACTS: PW is on track meeting permit revenue forecasts for 2020. ATTACHMENTS: None. Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY CONMUSSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY CONMUSSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 14, 2020 TOPIC: Upper County Shop Construction Change Orders Update ACTION REQUESTED: Acknowledge Administrative Change Orders LEAD STAFF: Mark R. Cook RECOMMENDATION: Acknowledge Public Works settling of construction change orders for the Upper County Shop. BRIEFING SUMMARY: 0 The Board of County Commissioners previously deferred cumulative Change Order (CO) approval (Upper County Shop) to the Director requiring monthly updates as change orders are processed • The following COs and associated cost are tabulated in the Financial section for Board consideration BACKGROUND: Numerous small change orders are common during vertical construction projects exceeding five million in total construction cost. Recognizing the value of rapid processing of these change orders, the Director has secured settlement authority to the Director's preapproval threshold for contracting ($50,000). In securing this authority, the Director is committed to routinely providing and inventory of changes to the Board for their consideration. DISCUSSION: Several changes have been implemented and several are pending. The following list of changes have been approved: fiber network conduit, bollard covers, and 22 -gauge versus 24 -gauge metal roofing. Pending issues: changing the entry gate and adding soft start motors to wash bay equipment. FISCAL IMPACTS: Authorized changes total: $8,4110.35 (the added conduit and gauge metal costs plus the credit on the bollards). ATTACHMENTS: None. Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY CONIIvIISSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 14, 2020 TOPIC: Sia -year Draft Transportation Improvement Plan (2021-2026) ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMME`TDATION: Direct staff prepare public solicitation materials for public comment. BRIEFING SUMMARY: • Every year Public Works (PW) solicits county residents for comment regarding the Department's annual Transportation Improvement Plan. • The annual plan consists of a listing of proposed improvement projects in the immediate budget year (2021) and then five -years looking forward (total of six years — 2021 through 2026). • Most projects are being carried forward from last year with one exception: the addition of Badger Pocket Orchard roads. • Recent apple orchard developments in Badger Pocket are stressing the county's narrow minimally built BST (bituminous surface treatment) roads. • Impacted roads include: Kaynor, Harold, Lawrence, Payne, Dodge, Denmark, McDowell, Vanderbilt, Badger Pocket, Orchard, Fourth Parallel, and Thrall. BACKGROUND: Every year, PW conducts public outreach efforts collecting citizen input on proposed transportation improvement projects utilizing the Road Fund (106). This year, all outreach will be electronically solicited. PW is finalizing presentation materials shortly and proposes advertising in the local paper of record and posting materials on the PW public website. Forms will be provided for interested rate payers to complete and submit as part of the 2021 outreach effort. Nearly all the previous projects (last year's plan) are returning less those completed this construction season: Big Boulder, Coleman Creek Fish Barrier Removal at Vantage Highway, Fairview bridge replacement and creek realignment and pavement repairs to Bullfrog Road. Major projects for the next five years include: roadway improvements to Hungry Junction Road, Dickey Creek bridge replacement and Manastash Creek Road bank stabilization and snow park improvement. Ongoing highway safety improvements are scheduled throughout the five -yeas plan. Page 1 of 4 PUBLIC WORKS BOARD OF COUNTY CONLMIISSIONERS WORK SESSION STAFF REPORT Over the past several years, local apple growers have been buying up land in Badger Pocket expanding apple growing operations. Most of the recent agricultural impact has gone unmitigated owing to existing land use development requirements. The net impact is additional wear and tear on county roads with increasing congestion for area residents. Impacted roads include: Kaynor, Harold, Lawrence, Payne, Dodge, Denmark, McDowell, Vanderbilt, Badger Pocket, Orchard, Fourth Parallel, and Thrall. DISCUSSION: Public Works has been gathering road data for the past couple of years preparing to address growing congestion associated with new apple growing operations in Badger Pocket. Identified issues include; restrictive right of way widths, impacts to existing irrigation franchises, poor roadway geometries and poor roadway construction. Right of Way acquisitions will significantly prohibit significant congestion improvements. Following this briefing and with Board concurrence, PW will begin public outreach efforts. FISCAL IMPACTS: Given the scale and scope of apple growing impacts on rural residential county roads, PW anticipates a multi-year program rehabilitating, improving and re -constructing numerous residential roads in Badger Pocket now being impacted by apple growing operations. Two major growers are driving apple production expansion: Zirkle Fruit, Chiawana Orchards and Columbia Reach. Anticipated costs are over seven million dollars from preliminary assessments. Given the current financial project forecast, the Department is on schedule to exhaust fund reserves in 2023. ATTACHMENTS: Exhibit 1: Proposed six-year transportation improvement plan Exhibit 2: Map showing impacted roadways Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EMIIBIT 1: 2021-2026 PROPOSED TRANSPORTATION EMPROVEMENT PLAN Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT S 4 G P � s p � � � c r, S � � g �, SEOZ mellow I 720E se;:ou, EZOZ Hepo01W :EVE s: i• .. r;�e:g:x• y w` u'� s io 2 _..yul wl dl/ mu Pi ... 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N Imj OauawOuaualawwa �y a5 a MmJav Idly ugyxl,gluo � m c � (37) 9uaa"u3 uononae g g R a.m:o 8 S u@ uoy�luu j-,(3�1 @uueeuB 3 ummAlua u a dere uTd .ya:aasu Imo) auuew3;3 ump Lam ao+y8 M R R W)auww®u3umu=U ry$ H LFMX (14 uLm a yyy�gggg y a as F t 6 Q u%1 Z a .R x Y1 e EXH[BIT 2: MAP SHOWING IlVIPACTED ROADS Page 4 of 4 PUBLIC WORKS BOARD OF COUNTY COMNIISSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMSSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 14, 2020 TOPIC: Results of Lyons Road Speed Study ACTION REQUESTED: Set a Public Hearing LEAD STAFF: Mark R. Cook RECOMMENDATION: Set a public hearing to receive the Engineer's Report responding to a citizen request to study speeds along Lyons Road, milepost 0.00 to milepost 1.49. BRIEFING SUMMARY: • Counters deployed from 07/31/2020 to 08/07/2020 • Two counter locations: Milepost (MP) 0.16 and 1.02 (both ends) • Vertical curve evaluation conducted verifying suitability for 50 Miles Per Hour (MPH) • Four short span bridges in the road segment constrict the traveled way • Current speed is 50 MPH • Combined average daily traffic approximately 200 (5 AM — 9 PM) I/- 13/hour, one every five minutes • 85"' percentile speed westbound is 52 MPH • 85'h percentile speed eastbound is 47.2 MPH BACKGROUND. On July 22, 2020 Public Works (PW) received a request to study Lyons Road speeds between Wilson Creek and Naneum Roads. Twenty-eight area residents signed the request (EXHIBIT 1). Responding to the request, PW set speed counters out for a one- week period (07/31 — 08/07/2020). In addition to collecting speed data, PW dispatched our Engineer in Training to evaluate vertical curves in the road segment for conformance to national sight distance design standards. Existing lane widths are minimally impacted by four short span bridges. Petitioners cite walking and bicycle riding as risky activities owing to the 50 MPH speed. Agricultural use and house proximity to the road are also listed as being reasons for speed concern. DISCUSSION: PW evaluation roadway geometrics (vertical curves) affirms appropriate design conformance to national standards of engineering practice. 85'x' percentile speeds in both directions (east and west) are within acceptable performance limits given the current 50 Page I of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT MPH speed limit. Twenty-eight approaches in 1.49 miles translates to one approach every 280 feet. The travel way encroachments from the four short span bridges is noticeable at speed. The density of access locations translates to one access every four seconds at 50 MPH. While 85t' percentile speeds affirm roadway design geometrics, the access density and narrow roadway with minimal shoulders — coupled with increasing urbanization proximate to the City of Ellensburg, create conditions arguably supporting area resident requests for speed reduction. FISCAL EMPACTS: Re-signing the roadway is expected to cost PW approximately $2,000 in labor and materials. ATTACHMENTS: Exhibit 1: Study area map Exhibit 2: Speed study results Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: STUDY AREA" Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT a I I D LL' � Q N O f � � O mF i c a 'c M � a o F „ C .7 9 vy a n 6 Y ti � _• L'i e " o� E m tg a vbi m c fi a c 4,3 L= � QHQ C �R C f P A A N 2 nippp p� eC F Q N Z O �I a o 17? a Y a d u In 6 $ a O 1 a� I i i I I D LL' � Q N O f � � O mF � a o EXHIBIT 2: SPEED STUDY RESULTS Page 4 of 4 PUBLIC WORKS BOARD OF COUNTY CONLNL RSSIONERS WORK SESSION STAFF REPORT Road Number ,40772 85% Speeds _ Road Name Lyons Rd -- EB 44.70 MP !0.180 WB 46.90 - # 45.80 Begin Count Date 7/31/2020: Friday !Begin Time 10:42 AMS End Count Date _ 8/7/2020Friday :End Time 10:12 AM !Total Hours : 167.50' Total Days 7.0 COMBINED TOTAL 1824t Bikes 0.005 TOTAL f TOTAL DAYS 261: & Trailer , 0.467 FACTOR 0.94, _ICars _ 2 Axle Lora _ 0.291 Buses 4.002 _ 12 Axle 6 Tire COMBINED TOTALS ;Single 3 Axle i Single 4 Axle i Q.001 Average Total -......._- 261 � _ _ r� } �,{�� < 5 Axis -!- -� -- 0.04_2 Adjusted ADT 246 o,.if"5 Ax F a 0.001 klkole > S A la3 0.000 Www' PERCENTAGE 'Multi a6 Axle 0.000 _ ! :Mutll 6Axle ! ---0 0.000 Multi a6 0.000 Cars, Pickups & Trailers_ 200 0..7 1.00 Stn les 50' _ .. Doubles 11 i Trains ; 0; 0,001 �- 'TOTAL TRUCKS , 61 TOTAL 281; 1.00 1TRUCK % 0.24 GROSS ANNUAL TONS,:;. TRUCK ROUTE CLASS: �, Kittitas County Public Works r ROAD NAME YL9 s )eel 4/0 1'7 -z Begin Count Date _ — P - Z4, Time /4: Z/Z Ax, End Couni Date - % _ 1��7� Time Courter Number -2- Z5;•/4 41, 45 sir LU PJsr. CjF ix:J North Arrow Rep tw{s-re' x Sketch counter location, identify tubes, distance tubes apart, and distance to nearest cross road or other identifying point. Tra is Tec --7" aozv Posted Date ROAD NAME LYONS RD MILEPOST 0.16 CROSS STREET 0.16 mi E of Wilson Creek Rd Volume Grand Totals Average Hourly Volumes Site: 40.772 Friday, 7/31/2020 11:00 AM _ Friday, 8/7/2020 10:15 AM WESTBOUND EASTBOUND Combined 12:00 AM 0.1 0.3 0.4 1:00 AM 0.0 0.1 0.1 2:00 AM 0,1 0.7 0.9 3:00 AM 0.3 0.0 0.3 4:00 AM 0.1 0.7 0.9 5:00 AM 2.0 0.1 2.1 6:00 AM 3.6 0.7 4,3 7:0.0 AM 9.1 3.0 12.1 8:00 AM 12.3 4.7 17.0 9:00 AM 10.3 4.7 15.0 10:00 AM 10.3 7.0 17.3 11:00 AM 12.3 7.7' 20.0 12:00. 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M O .-r M w g q r't O V a m V �¢ w M w M? n O Y E w r7 c 0 0 d c c N d N r: vi n pp rn. m d v ev n N i .o N .i ri a - pp N N fV ri N rl N G F e9 O m a gg Y m d gg 4 pO pp 4< a p ap pp Cp d a op np�p, pp pa pp ap ap a $ 0 0 > O ,-i eV eir vi is n m of o � ev .+ e4 ai vi ,c s. C � W Im M N h :4 14 V V 14 M M, y rn N G1 ri M m N .4 In 1 V W .1 M N O I' ;SIV wl I m N 1 ,-i I al .0 ro y n R! V! N Ch N V 14 M M, y rn N G1 ri M m N .4 In 1 V W .1 M N O I' ;SIV wl I m N 1 ,-i I al .0 ro y n R! V! Road Number 40772 - _ 859/o Speeds .i Road Name -. . _._ Lyons Rd � -- , EB t 47.20 NIP. 1.020 W B 52.00 Begin_ Count Date , 713112020; Friday :Begin Time - - 10:58 AM. 49.60 - End Count Date _ _.----- 8/7/2020 Friday ; End Time i 10:1$ AM -_---_+Total Hours � .167.33._ Total Days 7.9] COMBINED TOTAL 1161' Bikes - 0.004 TOTAL! TOTAL DAYS 167; Cars 8 Trailer 0.423 FACTOR -- - 0.94i 2 Axle Long j 0.289 l 8uses - i 0.003 2 Axle 6 Tire. 0.231 31 COMBINED TOTALS - — Single 3 Axle .... 0.001 Average Total -- '167.. ! angle 4 Axle 0.000 _ M 'tr_ 5 A -)-0a 0.047 Adj u siW ADT 157' i,-!!.'Ij 0.002 0.000 PERCENTAGE Multi r6 Axle 0.000 Muth 6 Axle 0.000 Multi >6 0.000 Cars, Pickups & Trailers _ _ . 120 0.72 i --.--__ 1.00 Singles -- -- _.__ __ _. 39! _ ._ __- 0.23° _ Doubles81 –.. _..._.. - Trains - Q ---- ` 0. 00 . 0TAL TRUCKS 47 TOTAL - 1671 - 1.00 TRUCK % - 0.28 - - GROSS ANNUAL TONS: 1 TRUCK ROUTE CLASS: -- Kittitas County Public Works ROAD NAM(; Y1rr, 1c>1 Begin Count date — 7 -_,fir_ - 2x,- -u, Time End Count Date - 2 02 4(1 Time /,6; /`.?-( Counter Number North Arrow j e6 ,�P, -7e� "t iU , i= �s�+l(isM (z ire Sketch counter location, identify tubes, distance tubes apart, and distance to nearest cross road or other identifying point. LamL 3.. 7-2,d 7-u Posted Traffic Tech , Qat. ROAD NAME LYONS RD MILEPOST 1.02 CROSS STREET 0.76 mi W. OF NANEUM RD Volume Grand Totals Average Hourly Volumes Site: 40772 Friday, 7/31/2020 11:15 AM - Friday, 8/7/2D20 10:30 AM Average Daily Traffic (ADT) 98.1 71.7 169.8 Volume Totals WESTBOUND EASTBOUND Combined 680 499 1279 57.7% 42.3% WESTBOUND EASTBOUND Combined 12:00 AM 0.3 0.4 0.7 1:00 AM 0.0 0.1 .0.1 2:00 AM 0.1 0.6 0.7 3:00 AM 0.4 0.1 0.6 4:00 AM 0.0 0.7 0.7 5:Q0 AM 1.4 0.1 1.6 6:00 AM 2.0 0.9 2.9 7:00 AM 5.1 3.3 8.4 8:00 AM 9.0 3.6 12.6 9:00 AM 6.1 4:6 10.7 10:00 AM 7.8 5.0 12.8 11:00 AM 8.8 5.8 14.7 12:00 PM 6.6 5.1 11.7 1:00 PM 6.3 5.0 11.3 2:00 PM 8.3 4.9 13.1 3:00 PM 7.4 5.4 12.9 4:00 PM 5.3 5.4 10.7 5:00 PM 6.6 6.7 13.3 6:00 PM 5.4 4.6 10.0 7:00 PM 4.3 3.1 7.4 8:00 PM 4.4 3.4 7.9 9:00 PM 1.7 1.7 3.4 10:00 PM 0.1 0.1 0.3 11:00 PM 0.4 0.9 1.3 Average Daily Traffic (ADT) 98.1 71.7 169.8 Volume Totals WESTBOUND EASTBOUND Combined 680 499 1279 57.7% 42.3% N E Q ¢ao Qc N w t1 O N � rya ON N .moi � mw r`. 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N Q •� Y v !!I am 0 0 kk) N _go� Ln ��� ■� ■ 7J w. g $ �� ©» m - ■ � _■ zo m � ¥ � ■ � &2 @2 A ■e § i k .■ � d � VCD2 � ■ e fsc � s § E 0 3 3Ck a m# ■ O e� . � .$ e Ln � ■ J� M © of z � ■ LLI z S b >: � 0q/ .vwv- LU kms& .IL.. a zam �)\ N _ D§ § 20$, v v vW,v , N Ln N ( g $ - N _ D§ § 20$, v v vW,v , g $ § q m - m OD § V Lr) 7 § E « N _ D§ § 20$, v v vW,v , KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COAEMSSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 14, 2020 TOPIC: Interlocal Agreement Considering Annexation and Development Within the Urban Growth Area of Ellensburg ACTION REQUESTED: Direct Staff Prepare Enabling Documents LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare enabling documents for Board consideration. BRIEFING SUNMARY: • For over a decade, the City of Ellensburg and Kittitas County have tried to finalize agreement on Urban Growth Boundary administration. • For the past several years, the issue of collecting impact fees within the Urban Growth Area (UGA) by the County, on behalf of the City, has been the major sticking point. • Recently, City and County staff and elected official met discussing resolution to final outstanding issues attempting to complete the interlocal agreement process. BACKGROUND: Building residential housing improvements in the UGA of Ellensburg can be a frustrating experience for land developers. The County and the City have two separate development codes and subdivision development standards. Formally adopting the City's standards in the UGA makes sense to staff as eventually those land use developments are planned to be within the City's corporate boundary. Collecting impact fees has been the reason for no action on the proposed interlocal agreement for the past several years. Recently, City and County staff and elected official met discussing resolution to final outstanding issues attempting to complete the interlocal agreement process. DISCUSSION: Staff (both City and County) are proposing the following edits to the previous attempted agreement (2016): RECITALS: The third WHEREAS includes new language: "...including the possibility of development impact or other fees for the review and permitting of any new development within the UGA", TERMS: "Transportation (policies 4.1-4.8) are added to section 2. Page 1 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT • SECTION 3.3 is added: "The City and County believe it is in the best interest of the citizens of both jurisdictions to enable reciprocal impact mitigation requirements and regulatory conditions on development in the unincorporated UGA." • Language is added to Section 6.2: "Any variance issued pursuant to this subsection shall be conditioned upon the permit applicant's agreement that the subdivision must connect to City utilities when they become available for later participation pursuant to either a latecomer utility agreement or utility extension agreement, which must be recorded with the Kittitas County Auditor." • The second and third sentences of Section 6.3 are modified to the following: The County will protect road corridors identified by the City consistent with Exhibit D and require dedication of right-of-way for subdivisions and development within or adjacent to the subdivision and/or development. The County will also require that any deferral of right-of-way improvements be formalized in a legal instrument that will be recorded with the Kittitas County Auditor and which shall run with the property and bind all future owners to the requirements of the deferral. • A new section is added as 6.5: "The City and County agree to coordinate their annual and periodic land use updates with the UGA. The City and County agree to coordinate their annual and six (6) -year transportation improvement plans, as further described below in section 12.4. • Section 9 is amended to add the following language: "The County, through the SEPA process, hereby commits to mitigate transportation, park and other growth impacts in accordance with special studies required by the SEPA responsible official and in accordance with current studies completed by the City with respect to transportation and park impacts." • Section 10 is amended to add the following language: "Mitigation, as used in this section, may include compensation by the County for improvement and maintenance of the City's trails and paths identified in the City's Non -Motorized Transportation Plan and/or Park Plan to help offset the impacts caused by development of subdivisions in the UGA." • Section 10.2 is added: "The City and County agree to meet and confer on the methodology to be used to calculate the economic impact to City parks caused by subdivision development, and that the County will thereafter adopt regulations to implement park impact mitigation rules concurrently with the updates of its comprehensive plan, but no later than by December 31, 2021. • Language is added to Section 11.5: "Once a matter has been transferred to the City, it shall defend any and all appeals related to the matter with the County assisting in said defense as second chair. The City and County shall indemnify and hold each other harmless for damages and liabilities associated with their respective decision and actions." • A new section is added to the agreement as Section 13, Proportionate Share of Traffic Impact'_Vlitigation for County Developments. 13.1 The Parties agree that development in the UGA should require contribution of a proportionate share of programmed system improvements meeting the requirements of RCW 82.02.050 needed to mitigate capacity impacts on City streets. Therefore, the County shall, by December 31, 2021, adopt and apply as County regulations for assessment and collection of traffic impact fees for any development within the City's UGA. Such regulations Page 2 of 5 PL`BLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT shall be substantially similar to Chapter 14.04 of the Ellensburg City Code, including Appendix C (City of Ellensburg Traffic Impact Fee Development Land Use Table), in effect as of the date of the execution of this Agreement and as it may be amended in the future. 13.2 Administrative provisions for traffic impact mitigation: a) Payment of any traffic impact fees ("TIF") by developers that is required by this Section shall be made before the County issues building permits. b) The County shall provide the City with an annual report identifying the amount of impact fees collected from County developments within the City's UGA between January 1 and December 31 of the prior year and shall transfer to the City any TIF funds collected from developments in the City's UGA by February 15 for the previous year's impact fee collection. c) The City shall annually provide a report to the County on the traffic impact fee funds collected from both development within both the City and County, including the source and amount of all monies collected, earned, or received, and system improvements that were financed in whole or in part by traffic impact fees, the amount of those mitigation fees expended, and the City impact fee cost basis projects upon which the mitigation fees were expended. (b) Construction of any mitigation measures must be complete before occupancy of building(s). • Additional language is added to "Sales and Use Tax" at the end of the section: "...excluding CST specifically identified for allocation to transit, affordable housing and/or law and justice purposes as provided by state law." • Language is added to "Process for adding addenda or amending this agreement: "...follow the requisite notice, hearing and adoption process required by state law', Language is added to the end of the second clause of "Effective Date, Duration and Termination" as follows: "However, nothing is this section will require continued revenue sharing as identified in Section 14 above after the effective termination date of the Agreement." In summary, the County accepts City impact fees and both agree to compliment transportation and land use planning activities within the Urban Growth Area of Ellensburg. Page 3of5 PUBLIC WORKS BOARD OF COUNTY CON IISSIOI`'ERS WORK SESSION STAFF REPORT FISCAL IlVIPACTS: Undetermined. ATTACHMENTS: Exhibit 1: Draft Interlocal Agreement (Current version) Page 4 of 5 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EMMIT 1: DRAFT INTERLOCAL AGREEMENT (CURRENT VERSION) Page 5 of 5 PUBLIC WORKS BOARD OF COUNTY CON IISSIONERS WORK SESSION STAFF REPORT Interlocal Agreement Between The City of Ellensburg and Kittitas County Concerning Annexation and Development Within the Ellensburg Urban Growth Area THIS AGREEMENT (hereinafter "Agreement") has been entered into on this —day of 2020, by and between the County of Kittitas (hereinafter referred to as the "County"), a political subdivision of the State of Washington, and the City of Ellensburg (hereinafter referred to as the "City"), a Washington Municipal Corporation, pursuant to the Interlocal Cooperation Act, RCW 39.34. RECITALS WHEREAS, the Kittitas County Comprehensive Plan designates an area of the unincorporated County adjacent to the boundaries of the City of Ellensburg (as shown in the map attached hereto and incorporated herein as EXHIBIT A) as being included in the City's Urban Growth Area (hereinafter "UGA") and requires that, in order to ensure both consistency and coordination, the planning in the UGA should be done in concert with the City through the execution of an interlocal agreement to provide the necesy administrative guidance and services to the Ellensburg UGA; and WHEREAS, the City of Ellensburg Comprehensive Ptah contains goals and policies directing coordination with Kittitas County in the joint planning for the UGA; and WHEREAS, the County -Wide Planning Policies (CWPP), adopted by the City of Ellensburg and Kittitas Cminty pursuant to the requirements of Chapter 36.70A RCW, the Growth Management Act (GMA), include specific policy direction that: the development and subdivisions in the UGA. shall be toderly and coordinated between city and county governments; requires the City of Ellensburg and Kittitas County to execute interlocal agreements to coordinate and manage growth in the UGA; and regwres the City of Ellensburg and Kittitas County to jointly develop and implement development, subdivision and building permit procedures, and innovative financing techniques including the possibility of development impact or other fees for the review and permitting of any new development within the UGA; and, WHEREAS, review of development within the City ofEllensburg's UGA should anticipate future annexation into the City, and WHEREAS, annexations proposed by the City of Ellensburg are pursued in accordance with Chapter 35A.14 RCW; and WHEREAS, it is in the best interest of the citizens of both jurisdictions to coordinate plans and manage growth in the UGA prior to annexation; and WHEREAS, the terms of this Agreement have been discussed by the City Council of the City of Ellensburg at a regular City Council meeting on , 2020; and UGA Interlocal Agreement Draft (08-14-2020) — Page 1 of 13 WHEREAS, the terms of this Agreement have been discussed by the Board of Kittitas County Commissioners at a regular meeting on , 2020; NOW, THEREFORE, for and in consideration of the terms and conditions set forth below, the parties agree as follows: TERMS 1. LEGAL BASIS AND SCOPE. This Agreement is entered into pursuant to Chapter 36.70A RCW (the Growth Management Act), Chapter 36.115 RCW (the Governmental Services Act), and Chapter 39.34 RCW (the Interlocal Cooperation Act). The City and the County agree that the contents of this Agreement shall apply to growth management planning, project permit processing and development within the City's UGA, code enforcement, and future annexations. 2. NATURE OF AGREEMENT. This Agreement is consistent with the interlocal agreement referred to in the County's 2016 Comprehensive Plan discussion of Urban Growth Areas, the City's 2017 Comprehensive Plan Update Goal LU -6, and the County -Wide Planning Policies under Interlocal Agreements (policies 1.1 -- 13). Urban Growth Areas (policies 2.1 — 2.19), Reduce Sprawl (policies 3.1 — 3 6), Transportation (policies 4.1 4.8) and Public Facilities and Services (policies 13.1 — 13.19). 3. PURPOSE OF THE AGREEMENT. 3.1. The purpose of this Agreement is to facilitate the orderly transition of urban services from the County to the City throughout the UGA and to coordinate and manage growth and development within the UGA 32 The City and County wish to establish a generalized interlocal agreement to implement uniform and consistent urban development standards (as defined in Section 6.1 below) within the UGA in order to further the transition of the UGA to urban service levels. 3.3. The City and County believe it is in the best interest of the citizens of both jurisdictions to enable reciprocal impact mitigation requirements and regulatory conditions on development in the unincorporated UGA. 4. IDENTIFICATION OF URBAN GROWTH AREA. This Agreement applies to the lands within the Ellensburg Urban Growth Area as adopted and identified in the County Comprehensive Plan and attached hereto as EXHIBIT A, as of the date of execution of this Agreement and as it may be amended in the future. 5. DENSITY REQUIREMENTS WITHIN THE UGA. 5.1. Except as may be otherwise allowed by law, the City and County agree to adopt and maintain land use designations for the UGA that will accommodate the population and employment allocation agreed upon by the City and County within their comprehensive plans and UGA Interlocal Agreement Draft (08-14-2020) — Page 2 of 13 consistent with the GMA. The Parties agree adoption of the regulations required to implement this subsection shall be made concurrently with the updates of their comprehensive plans, but no later than by December 31, 2021, and updated annually thereafter, as required by Chapter 36.70A RCW, 5.2. Said land use designations are identified on the Preferred Land Use Designation Map attached hereto as EXHIBIT B, as of the date of the execution of this Agreement and as it may be amended in the future. b. ADOPTION OF URBAN DEVELOPMENT STANDARDS FOR LAND USE ACTIONS IN THE UGA. 6.1. Upon adoption of this Agreement, the County agrees to adopt and apply as County regulations the City's regulations controlling land uses, setback standards, density requirements and the most current City Public Works development regulations and standards (collectively referred to hereafter as "urban development standards") to project permits, as defined in Section 11.4 below, within the UGA. The County agrees adoption of the regulations required to implement this subsection shall be made concurrently with the update of its comprehensive plan, but no later than by December 31, 2021, and updated annually thereafter, as required by Chapter 36.70A RCW. The specific City regulations to be adopted are identified in EXHIBIT C and shall include the relevant substantive provisions of the Ellensburg City Code ("ECC") as codified at the date of execution of this agreement, or thereafter amended, prior to the County's adoption of the relevant City development regulations for the UGA 6.2. Subject to Washington State regulations pertaining to individual domestic water wells and septic systems, for subdivisions for which imposition of the City's urban development standards are deemed by the City tobe economically impractical at time of subdivision, the County may issue a variance as permitted by County regulations with notification to the City at the time the variance application is filed Any variance issued pursuant to this subsection shall be conditioned upon the permit applicant's agreement that the subdivision must connect to City utilities when they become available for later participation pursuant to either a latecomer utility agreement or utility extension agreement, which must be recorded with the Kittitas County Auditor. In the event that a water right has been granted from the County water bank that later is connected to City utilities the City will document for the County that it is providing water from its system such that the County can repossess the water right back to its water bank. 6.3. The City will provide comments to the County that address the future phasing of urban services to those lots when application is made for re -subdivision and/or development of those large lots to higher densities. The County will protect road corridors identified by the City consistent with Exhibit D and require dedication of right-of-way for subdivisions and development within or adjacent to the subdivision and/or development. The County will also require that any deferral of right-of-way improvements be formalized in a legal instrument that will be recorded with the Kittitas County Auditor and which shall run with the property and bind all future owners to the requirements of the deferral. At a minimum, the County shall require that arterial and collector street identification and development shall be required for new development within the UGA. UGA Interlocal Agreement Draft (08-14-2020) — Page 3 of 13 6.4. Any new utility, road, or any other public easement that has City jurisdiction on both sides of the easement shall become the responsibility of the City for maintenance and ownership. In the event of tax default the City agrees to take ownership of existing undevelopable properties or those that may be created within City jurisdiction. 6.5. The City and County agree to coordinate their annual and periodic land use updates within the UGA. The City and County agree to coordinate their annual and six (6) -year transportation improvement plans, as further described below in section 12.4. 7. TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM. In the event the City adopts a TDR program, it will cooperate with the County on developing a separate agreement to coordinate implementation of both TDR programs to allow transfer of development potential from the County's resource lands to its urban properties appropriate for development and consistent with the urban development standards within the UGA and City. 8. ZONING AND LAND USE DESIGNATION CONSISTENCY The County and City agree to coordinate with each other on any proposals to amend the City's or the County's GMA Comprehensive Plans relating to the UGA and on any rezone proposals within the UGA in order to determine consistency with the purposes and requirements of the GMA, this Agreement and with the Preferred Land Use Designation Map attached hereto as EXHIBIT B, as of the date of the execution of this Agreement and as it may be amended in the fixture. The UGA shall be regulated in accord with the County's most recent flood maps 9. STATE ENV'TRONMENTAL POLICY ACT REVIEW. State Environmental Policy Act (SEPA) review of land development projects, comprehensive plan amendments and legislative area -wide rezones in the UGA shall be performed by the County under County SEPA regulations and processes, provided, however, that the County shall provide the City with notice of all SEPA applications upon receipt by the County, for review and comment by the City. The County, through the SEPA. process, hereby commits to mitigate transportation, park and other growth impacts in accordance with special studies requited by the SEPA responsible official and in accordance with current studies completed by the City with respect to transportation and park impacts. 10. PARK AND RECREATIONAL FACILITIES. 10.1. The County agrees to utilize the State Environmental Policy Act (SEPA) review process to consider the impacts that new development in the Ellensburg UGA will have on the City's park and recreation system, and agrees to impose necessary park and recreation system mitigation that is based on the City's parks and recreation design and level of service standards. Mitigation, as used in this section, may include compensation by the County for improvement and maintenance of the City's trails and paths identified in the City's Non -Motorized Transportation Plan and/or Park Plan to help offset the impacts caused by development of subdivisions in the UGA. In addition, the County agrees to follow the urban development standards adopted pursuant to Section 6.1 above. UGA Interlocal Agreement Draft (08-14-2020) — Page 4 of 13 10.2. The City and County agree to meet and confer on the methodology to be used to calculate the economic impact to City parks caused by subdivision development, and that the County will thereafter adopt regulations to implement park impact mitigation rules concurrently with the updates of its comprehensive plan, but no later than by December 31, 2021. • �.RM 2MM"MRIMMIN, W :• : .: • _S 11. PERMIT PROCESS PRIOR TO ANNEXATION 11.1. Project permit application consultation. Atter the effective date of this Agreement, the County agrees to give the City timely written notice as soon as the County receives a request for a pre -application conference or a project permit application, whichever occurs first, for a proposed project within the UGA. The County will provide the City with review and comment opportunity related to all project permit applications within the UGA The County will invite staff representatives from the City to attend staff meetings with the applicant relating to the permit, including pre -application meetings 11.2. Review of county project permit applications All project permit applications, as defined in Section 11.4 below, submitted to the County for properties within the UGA that are subject to SEPA will be reviewed under the terms of the provisions of the County SEPA regulations and procedures as set firth in Sections 9 and 10 above. All project permit applications submitted to the County for properties within the UGA will be reviewed under the County's development regulations governing urban development standards and the City's urban development standards within the UGA adopted pursuant to Section 6.1 above. 113. Completion of project permit processing. For lands within the UGA that are undergoing annexation at time of permit application, or for which project permit applications are pending at time annexation has been officially initiated, the City and County agree to review any such pending project permits and to execute a detailed agreement covering the transfer of the pending project permits in the annexing area at an appropriate stage of the review process. Final plats and/or short plats, required dedications, deeds or conveyances of public property which have not been completed by the County at the time an annexation is completed will be transmitted to the City for City Council acceptance. 11.4. Project permits definitions. For the purposes of this Agreement, "project permits" are defined as any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, site plan review, site-specific rezones authorized by a comprehensive plan or subarea plan, development agreements, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulation except as otherwise specifically included in this subsection. UGA Interlocal Agreement Draft (08-14-2020) — Page 5 of 13 11.5. Appeals of project permits. The County agrees to be responsible for defending, at no cost to the City, and will indemnify and hold harmless the City from any claim against the City related to, any administrative, quasi-judicial or judicial appeals of project permits issued by the County in the unincorporated UGA prior to date of transfer of pending permits to the City. Once a matter has been transferred to the City, it shall defend any and all appeals related to the matter with the County assisting in said defense as second chair. The City and County shall indemnify and hold each other harmless for damn es and liabilities associated with their respective decisions and actions sf -' to the r;� 14�h�11-defend a 1-aeal� reW--ed 11.6. Land use and building code enforcement cases Any land use or building code enforcement cases in the UGA for lands undergoing annexation orthat have completed annexation will be transferred to the City on the effective date of annexation. 11.7. Transference of bonds. If, at time of annexation completion, any performance, maintenance or other bonds, letters of credit or other financial security is held by the County to guarantee performance, maintenance or completion of work associated with the issuance of a project permit, the parties will enter into a separate agreement for the transference to the City of said bonds, letters of credit or other financial security. As of the effective date of this interlocal agreement, the County will ensure that all such securities include provisions which require, upon annexation, assignment to the City without further approval by any party, if allowed by the security provider. If the financial guarantee cannot be assigned to the City. the County will enforce the provisions of such guarantee on behalf of the City in accordance with this Agreement. 12. ROADS AND TRANSPORTATION. 121 Annexation of road right-of-ways. Except for noncontiguous municipal purpose annexations under RCW 35.13.180 or 35A.14.300, the City agrees to propose annexation of the entire right-of-way of County roads adjacent to an annexation boundary. 12.2. Road maintenance responsibility. The City agrees to annex continuous segments of road to facilitate economical division of maintenance responsibility and avoid discontinuous patterns of alternating city and county road/street ownership. Where annexation of segments of road are unavoidable, the City and County agree to consider a governmental services agreement providing for maintenance of the entire road/street segment by the jurisdiction best able to provide maintenance services on an efficient and economical basis. 12.3. Traffic 1Vlitigation and Capital Facilities. For new development within the UGA, in addition to review and imposition of necessary traffic impact mitigation for development through the SEPA review process (if the proposed development is subject to SEPA, as discussed above in section 10.3), the County agrees to follow the development standards adopted by the County pursuant to Section 6.1 above, as well as collection of traffic impact mitigation fees pursuant to Section 13, below. UGA Interlocal Agreement Draft (08-14-2020) — Page 6 of 13 12.4. Joint transportation planning. The City and County agree to cooperate on the maintenance of the regional roadway network plan extending through the Ellensburg UGA as identified on EXHIBIT D at time of execution of this document, or as thereafter amended. Such cooperation will include protection of such identified roadway corridors from development impairment to the extent lawfully allowed without the exercise of eminent domain power, imposition of requirements for dedication or deeding of rights-of-way necessary for the preservation of such roadway corridors, and imposition of road standards consistent with the City of Ellensburg Public Works Development Standards as set forth in Section 6 above. 13. PROPORTIONATE SHARE OF TRAFFIC IMPACT MITIGATION FOR COUNTY DEVELOPMENTS. 13.1. The Parties agree that development in the UGA should require contribution of a proportionate share of programmed system improvements meeting the requirements of RCW 82.02.050 needed to mitigate capacity impacts on City streets. Therefore, the County shall, by December 31, 2021, adopt and apply as County regulations for assessment and collection of traffic impact fees for any development within the City's UGA. Such regulations shall be substantially similar to Chapter 14.04 of the Ellensburg City Uxle, including Appendix C (City of Ellensburg Traffic Impact Fee Development Land Use Table), in effect as of the date of the execution of this Agreement and as it may be amended in the future. 13.2. Administrative provisions for traffic impact miUption: a) Payment of any traffic impact fees {"TIF") by developers that is required by this Section shall be made before the County issues building permits. b) The County shall provide the City with an annual report identifying the amount of impact fees collected from County developments within the City's UGA between January 1 and December 31 of the prior year and shall transfer to the City any TIF funds collected from developments in the City's UGA by February 15 for the previous year's impact fee collection. c) The City shall annually provide a report to the County on the traffic impact fee funds collected from both development within both the City and County, including the source and amount of all monies collected, earned, or received, and system improvements that were financed in whole or in part by traffic impact fees, the amount of those mitigation fees expended, and the City impact fee cast basis projects upon which the mitigation fees were expended. (b) Construction of any mitigation measures must be complete before occupancy of building(s). 14. SALES AND USE TAX REVENUE POST -ANNEXATION. 14.1. Revenue Sharing. The City recognizes that the annual County budget relies upon revenues from taxes generated within the UGA. The City also recognizes that the role of the County as the regional governmental service provider continues even after annexation. This UGA Interlocal Agreement Draft (08-14-2020) — Page 7 of 13 section provides a revenue sharing formula intended to reduce the adverse financial impact on the County as a result of annexation. 14.2. Sales and Use Tax, The City and County agree to share in the revenues from property zoned for commercial and/or industrial use within annexed areas for an 8 -year period (32 tax quarter periods) using the formula established in section 13.3 below. "CST" shall mean the city sales and use taxes received by the City, excluding CST specifically identified for allocation to transit, affordable housing and/or law and justice purposes as provided by state law. 14.3. Formula for Sales and Use Tax Revenue Sharing. The formula for sales and use tax revenue sharing shall be as follows: Time Period First four tax quarters Second four tax quarters Third four tax quarters Fourth four tax quarters Fifth four tax quarters Sixth four tax quaver Seventh four tax quarter's Eighth four tax quarters Ninth four tax quarters _Perm of CST Paid to County 80% CST 70% CST 60% CST 50% CST 40% CST 3CP/o CST 20°® CST 10% CST 0% CST The first payment from the City to the County shall be due and payable within ninety days of the first anniversary of the effective date of the annexation with subsequent payments due and payable within ninety days of the second, third and fourth anniversary dates of the effective date of the annexation 15. RECORDS TRANSFER. Prior to and following annexation of unincorporated area into the City, and upon the City's request in writing, copies of County records relevant to jurisdiction, the provision of government somees and permitting within the annexation area will be copied and transferred to the City. Said records shall include, but are not limited to, the records from the Kittitas County Department of Public Works and the Kittitas County Department of Community Development Services 16. ADDENDA AND AMENDMENTS. 16.1. Amendments. The City and County recognize that amendments to this Agreement may be necessary to clarify particular sections or to update and expand the Agreement. Either party may pursue an amendment, as necessary. 16.2. Process for adding addenda or amending this agreement. An addendum or amendment must follow the requisite notice, hearing and adoption process required by state law, and be mutually agreed upon by the parties and executed in writing before becoming effective. UGA Interlocal Agreement Draft (08-14-2020) -- Page 8 of 13 Any addendum or amendment to the Agreement will be executed in the same manner as provided by law for the execution of the Agreement. 16.3. Additional agreements. Additional agreements are anticipated by this Agreement. Nothing in this agreement limits parties entering into interlocal agreements on additional issues not covered by, or in lieu of, the terms of this Agreement, or to provide additional details for implementing this Agreement. 17. THIRD PARTY BENEFICIARIES, There are no third party beneficiaries to this Agreement, and this Agreement shall not be interpreted to create such rights. 18. DISPUTE RESOLUTION. Any and all legal remedies available to the City and County shall remain available and shall not be abrogated by the terms of this Agreement. In addition to those legal remedies, the City and County mutually agree that in the event of a dispute over the terms of this Agreement each entity will appoint one member of its legislative body and, at its option, one staff member, to a committee to discuss and attempt to resolve the issue(s) in good faith and as expeditiously as possible recognizing the review deadlines imposed by local and state law for issuance of project permits. In the event the members of the legislative bodies cannot resolve the issue(s), the parties mutually agree to select a neutral mediator and use mediation for a minimum of 90 days if agreement cannot be reached on any provision of this agreement. After the 90 day period, any party may elect to utilize any and all legal remedies available to the parties. The parties agree to share equally the costs of the mediation process, and be responsible for the costs of their own legal representation. 19. RELATIONSF11 P TO UISTING LAWS AND STATUTES. This Agreement in no way modifies or supersedes existing state laws and statutes. In meeting the commitments encompassed in this Agreement, all parties will comply with the requirements of the Open Meetings Act, Public Records Act., Growth Management Act, State Environmental Policy Act, Annexation Statutes, and other applicable ate or local laws. The County and City retain the ultimate authority for land use and development decisions within their respective jurisdictions as provided herein. By executing this Agreement, the County and City do not purport to abrogate the decision-making responsibility vested in them by law. 20. EFFECTIVE DATE, DURATION AND TERMINATION. 20.1. This Agreement shall become effective following the approval of the Agreement by the official action of the governing bodies of each of the parties hereto and the signing of the Agreement by the duly authorized representative of each of the parties hereto. This Agreement shall remain in effect from the effective date until it is terminated as provided in Section 19.2. 20.2. Either party may terminate its obligations under this Agreement upon 90 days advance written notice to the other party and subject to the following condition: following a termination, the County and City are mutually responsible for fulfilling any outstanding obligations under this Agreement incurred prior to the effective date of the amendment or termination. However, nothing is this section will require continued revenue sharing as identified in Section 14 above after the effective termination date of the Agreement. UGA Interlocal Agreement Draft (08-14-2020) — Page 9 of 13 21. INDEMNIFICATION AND LIABILITY. 21.1. The City shall protect, save harmless, indemnify and defend, at its own expense, the County, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever arising out of the City's performance of this Agreement, including claims by the City's employees or third parties, except for those damages caused solely by the negligence or willful misconduct of the County, its elected and appointed officials, officers, employees, or agents. 21.2. The County shall protect, save harmless, indemnify, and defend at its own expense, the City, its elected and appointed officials, officers, employees and agents from any loss or claim for damages of any nature whatsoever arising out of the County's performance of this Agreement, including claims by the County's employees or third parties, except for those damages caused solely by the negligence or willful misconduct of the County, its elected and appointed officials, officers, employees, or agents. 21.3. In the event of liability for damages of any nature whatsoever arising out of the performance of this Agreement by the City and the County, including claims by the City's or the County's own officers, officials, employees, agents, volunteers, or third parties, caused by or resulting from the concurrent negligence of the County and the City, their officers, officials, employees and volunteers, each party's liability hereunder shall only be to the extent of that party's negligence. 22. SEVERABILITY. If any provision of this Agreement or its application to any person or circumstance is held 'invalid, the remainder of the provisions and/or the application of the provisions to other persons or circumstances shall not be affected. 23. EXERCISE OF RIGHTS OR REMEDIES Failure of either party to exercise any rights or remedies under this Agreement shall not be a u^aiver of any obligation by either party and shall not prevent either party from pursuing that right at any future time. 24. RECORDS. Both parties shall maintain adequate records to document obligations performed under this Agreement Both parties shall have the right to review the other party's records with regard to the subject matter of this Agreement, upon reasonable notice. Such rights last for six (6) years from the date of permit issuance for each specific development subject to this Agreement. 25. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the framework issues for annexations and for uniform development standards in the Urban Growth Area. 26. GOVERNING LAW AND STIPULATION OF VENUE. This Agreement shall be governed by the laws of the State of Washington. Any action hereunder must be brought in the Superior Court of Washington for Kittitas County, except for Growth Management Act appeals which must be brought in the Washington State Growth Management Hearings Board. UGA Interlocal Agreement Draft (08-14-2020) — Page 10 of 13 27. FILING. This Agreement shall be filed with the Kittitas County Auditor, or, alternatively, listed by subject on each or either party's web site or other electronically retrievable public source pursuant to RCW 39.34.040, 28. CONTACTS FOR AGREEMENT. The contact persons for this Agreement are: CITY OF ELLENSBURG CONTACT: KITTITAS COUNTY CONTACT: Address Address IN WITNESS WHEREOF, the parties have signed this Agreement in duplicate, effective on the date first written above. CITY OF ELLENSBURG City Manager ATTEST: City Clerk APPROVED AS TO FORINT: City Attorney COUNTY OF KTTTITAS BOARD OF COUNTY CONDIISIONERS Chairman , Vice -Chairman , Commissioner ATTEST: Clerk of the Board APPROVED AS TO FORINT: Deputy Prosecuting Attorney UGA Interlocal Agreement Draft (08-14-2020) — Page 11 of 13 EXHIBITS EXHIBIT A - Ellensburg Urban Growth Area Map (need to include most recent) EXHIBIT B — City of Ellensburg Comprehensive Plan "Preferred Land Use Designation Map" (need to include most recent) EXHIBIT C — City Codes and Development Standards to be Adopted by County for UGA (need to include City's CAO) EXHIBIT D - Regional Roadway Network Plan (need to include most recent) UGA Interlocal Agreement Draft (08-14-2020) — Page 12 of 13 In furtherance of this Interlocal Agreement, the following City of Ellensburg City Code (ECC) provisions and Development Standards are to be adopted by reference by Kittitas County for inclusion in Kittitas County Code Chapter 17.11 URBAN GROWTH AREAS for application to properties within the Urban Growth Area: Chapter 15.280 Landmarks and Design Chapter 2.18 Local Improvements Chapter 2.50 Developer Reimbursement Agreements Title 4 Public Works Construction • Includes Public Works. Development Standards Manual adopted by reference in Title 4 Title 9 Utilities Title 15 Land Development Code Exhibit C