HomeMy WebLinkAbout8/14/2018 - City Council - City Council Meeting Agenda PacketIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
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East Wenatchee City Council Meeting
Tuesday, August 14, 2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
AGENDA
6:30 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance
1. Consent Items.
Vouchers:
Date: August 14,2018, Checks: 50526-50530; 50552-50607, in the amount of
$114,647.94.
Minutes:
July 24, 2018, Council Meeting Minutes.
Motion to approve agenda, vouchers, and minutes from previous meetings.
2. Citizen Requests/Comments.
The “Citizen Comments” period is to provide the opportunity for members of the public to address the
Council on items either not on the agenda or not listed as a public hearing. The Mayor will ask if there are
any citizens wishing to address the Council. When recognized, please step up to the microphone, give
your name and mailing address, and state the matter of your interest. If your interest is an agenda item,
the Mayor may suggest that your comments wait until that time. Citizen comments will be limited to
three minutes.
3. Presentations.
a. 20 Year Public Service Award, Lori Barnett, Community Development Director.
4. Department Report.
b. Public Works Department Report provided by Tom Wachholder, Project
Development Manager.
c. Finance Department Report provided by Josh Delay, Finance Director.
5. Mayor’s Report.
08/14/2018 Council Meeting Agenda Packet Page 1 of 244
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 2 of 3
6. Action Items.
d. The first reading of Ordinance 2018-12 amending chapter 10.64 East Wenatchee
Municipal Code (EWMC) establishing a supporting truck route.
Presented by Lori Barnett, Community Development Director.
Elevate to second reading.
Motion by City Council to approve Ordinance 2018-12 amending chapter 10.64 East
Wenatchee Municipal Code establishing a supporting truck route.
e. The first reading of Ordinance 2018-13 Interim Development Regulations for
Wireless Telecommunications Facilities.
Presented by Lori Barnett, Community Development Director.
Elevate to second reading.
Motion by City Council to approve Ordinance 2018-13 adopting Interim Wireless
Telecommunication Regulations amending section 17.42.020 and Chapter 17.70 of
the East Wenatchee Municipal Code for a period of six months.
f. The first reading of Ordinance 2018-14 amending section 17.66.050 and chapter
17.60 of the East Wenatchee Municipal Code regulating marijuana related uses and
medical marijuana.
Presented by Lori Barnett, Community Development Director.
Elevate to second reading.
Motion by City Council to approve Ordinance 2018-14, amending section 17.66.050
and chapter 17.60 of the East Wenatchee Municipal Code regulating marijuana-
related uses and medical marijuana.
g. Resolution 2018-13 adopting the 2018 Annual Action Plan for the Community
Development Block Grant Program (CDBG).
Presented by Lori Barnett, Community Development Director.
Motion by City Council to approve Resolution 2018-13 adopting the 2018 Annual
Action Plan for the Community Development Block Grant Program and authorizing
the Mayor to sign the associated annual HUD certifications and Applications for
Federal Assistance.
h. City Events Department Storage Expansion Project and associated costs.
Presented by Mayor Lacy.
Motion by City Council to authorize the Mayor to sign the necessary contracts to
complete the project for a total amount not to exceed $38,000.00.
08/14/2018 Council Meeting Agenda Packet Page 2 of 244
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 3 of 3
i. Public Works Board Pre-Construction Loan Contract to fund pre-construction
activities (e.g., design engineering, right of way acquisition) associated with the
City’s 10th Street NE Eastmont Ave. to Kentucky Ave. Improvement Project.
Presented by Tom Wachholder, Project Development Manager.
Motion by City Council to authorize the Mayor to sign a Public Works Board Pre-
Construction Loan Contract in an amount of $750,000.00.
j. 2018 5th Street NE and S Kentucky Ave. Transportation Improvement Board (TIB)
Overlay Consultant Supplemental Agreement for services during construction.
Presented by Tom Wachholder, Project Development Manager.
Motion by City Council to authorize the Mayor to sign a supplemental consultant
agreement with RH2 Engineering in the amount of $53,499.70 for services during
construction.
7. Council Reports & Announcements.
k. Reports/New Business of Council Committees
8. Adjournment.
08/14/2018 Council Meeting Agenda Packet Page 3 of 244
CHECKS: 50526-50530; 50552-50607
VOIDED CHECKS: NONE
DEPARTMENT/FUND AMOUNT
General Fund 001 $85,363.66
Street Fund 101 $18,927.86
Community Dev Grants Funds 102 $0.00
Transportation Benefit District Fund 105 $20.00
Debt Reserve Fund 110 $0.00
Library Fund 112 $156.20
Hotel/Motel Tax Fund 113 $9,273.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $464.59
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $0.00
Storm Water Improvements Fund 308 $0.00
Capital Improvements Fund 314 $0.00
Equipment R&R Fund 501 $442.63
Grand Total All Funds $114,647.94
CITY OF EAST WENATCHEE
CHECK REGISTER
August 14, 2018 PAYABLES
08/14/2018 Council Meeting Agenda Packet Page 4 of 244
Fund Number Description Amount
001 General Fund $85,363.66
101 Street & Storm Water Maintenance Fund $18,927.86
105 Transportation Benefit District Fund $20.00
112 Library Fund $156.20
113 Hotel/Motel Tax Fund $9,273.00
117 East Wenatchee Events Fund $464.59
501 Equipment Purchase,Maintenance & Replacement
Fund
$442.63
Count: 7 $114,647.94
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2018 - August 2018 - August 2018 1st Council Meeting
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East Wenatchee - Fund Transaction Summary
08/14/2018 Council Meeting Agenda Packet Page 5 of 244
Vendor Number Reference Account Number Description Amount
AG Supply Company INC
50529 2018 - August 2018 - August 2018 1st Council Meeting
425175
Street/Bar and Chain Oil
101-000-420-542-70-30-00 Supplies $12.97
Total 425175 $12.97
425227
Street/Wire Stripper
101-000-420-542-75-30-00 Supplies $14.06
Total 425227 $14.06
425249
Street/Tote Latching for Carwash Kit
101-000-313-542-42-30-00 Supplies - SWA $18.38
Total 425249 $18.38
425250
Street/Caulkgun
101-000-420-542-61-48-00 Repairs & Maintenance $35.12
Total 425250 $35.12
425287
Street/Concrete Mix
101-000-420-542-61-30-00 Supplies $256.77
101-000-420-542-70-48-00 Repairs & Maintenance $9.28
Total 425287 $266.05
425323
Street/Flex Connector
101-000-313-542-42-30-00 Supplies - SWA $2.48
Total 425323 $2.48
425566
Street/Utility Knife
101-000-420-542-30-30-00 Supplies $9.29
Total 425566 $9.29
425592
Street/Utility Knife
101-000-420-542-69-30-00 Supplies $9.73
Total 425592 $9.73
Voucher Directory
Fiscal: : 2018 - August 2018
Council Date: : 2018 - August 2018 - August 2018 1st Council Meeting
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 6 of 244
Vendor Number Reference Account Number Description Amount
426002
Street/Duct Tape, Pipe Insulation
101-000-420-542-30-48-00 Repairs & Maintenance $12.53
Total 426002 $12.53
426415
Street/Duct Tape
101-000-420-542-30-30-00 Supplies $11.01
Total 426415 $11.01
426439
Street/Supplies
101-000-420-542-30-48-00 Repairs & Maintenance $23.11
Total 426439 $23.11
426492
Street/Paint Brush, Wood Filler
001-000-180-518-30-48-00 Repairs & Maintenance $33.62
Total 426492 $33.62
Invoice - 7/27/2018 12:20:13 PM
Planning/Fuel
001-000-590-558-50-32-00 Fuel Consumed $43.30
Total Invoice - 7/27/2018 12:20:13 PM $43.30
Invoice - 7/27/2018 12:20:49 PM
Street/Fuel
101-000-313-542-42-30-00 Supplies - SWA $312.30
101-000-420-542-30-30-00 Supplies $1,387.03
101-000-420-542-63-30-00 Supplies $55.36
101-000-420-542-70-30-00 Supplies $99.58
101-000-420-542-75-30-00 Supplies $222.72
Total Invoice - 7/27/2018 12:20:49 PM $2,076.99
Invoice - 7/27/2018 12:42:42 PM
Police/Fuel
001-000-210-521-10-32-00 Fuel Consumed $4,003.10
Total Invoice - 7/27/2018 12:42:42 PM $4,003.10
Total 50529 $6,571.74
Total AG Supply Company INC $6,571.74
American Building Maintenance CO
50552 2018 - August 2018 - August 2018 1st Council Meeting
12604704
June 2018 Janitorial Services
001-000-180-518-30-41-01 Contracted Custodial Services $2,206.13
Total 12604704 $2,206.13
Total 50552 $2,206.13
Total American Building Maintenance CO $2,206.13
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 7 of 244
Vendor Number Reference Account Number Description Amount
American Promotional Events, Inc
50553 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/7/2018 12:58:49 PM
Licensing and Permits for Fireworks
001-001-000-589-30-00-03 Fireworks-Cleaning Deposit Ref $2,500.00
Total Invoice - 8/7/2018 12:58:49 PM $2,500.00
Total 50553 $2,500.00
Total American Promotional Events, Inc $2,500.00
Apple Land Pest Control & Home Inspections
50554 2018 - August 2018 - August 2018 1st Council Meeting
69781
Pest Control
001-000-180-518-30-41-00 Professional Services $248.81
Total 69781 $248.81
69880
Pest Control
001-000-180-518-30-41-00 Professional Services $86.51
Total 69880 $86.51
Total 50554 $335.32
Total Apple Land Pest Control & Home Inspections $335.32
Assoc of Wash Cities
50555 2018 - August 2018 - August 2018 1st Council Meeting
63441
Municipal Budget & Finance Mgmt. Training
001-000-142-514-40-20-00 Training $200.00
Total 63441 $200.00
64327
Planning/WA City and County Plan Directors Conference 2018
001-000-580-558-60-40-00 Training $350.00
Total 64327 $350.00
Total 50555 $550.00
Total Assoc of Wash Cities $550.00
Banner Bank Mastercard
50556 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/3/2018 8:36:30 AM
Wellness/Netflix
001-000-001-518-91-50-00 Wellness $8.65
Total Invoice - 8/3/2018 8:36:30 AM $8.65
Invoice - 8/3/2018 8:36:49 AM
Front Entrance Sign
001-000-580-558-60-31-00 Office Supplies $303.03
Total Invoice - 8/3/2018 8:36:49 AM $303.03
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 8 of 244
Vendor Number Reference Account Number Description Amount
Invoice - 8/3/2018 8:37:56 AM
City Clerk Stamps
001-000-140-514-20-31-00 Office Supplies $140.76
Total Invoice - 8/3/2018 8:37:56 AM $140.76
Invoice - 8/3/2018 8:38:38 AM
City Hall/Heart Smart Equipment
001-000-140-514-20-31-01 Central Stores $405.00
Total Invoice - 8/3/2018 8:38:38 AM $405.00
Invoice - 8/3/2018 8:52:14 AM
Stormwater/Supplies
001-000-145-594-14-60-25 Capital - Cmptr Hdwe Admin $88.71
Total Invoice - 8/3/2018 8:52:14 AM $88.71
Invoice - 8/3/2018 9:00:19 AM
Wellness/Luncheon
001-000-001-518-91-50-00 Wellness $7.50
Total Invoice - 8/3/2018 9:00:19 AM $7.50
Invoice - 8/3/2018 9:01:04 AM
Adobe Monthly Subscription
001-000-145-514-20-49-00 Miscellaneous $16.22
Total Invoice - 8/3/2018 9:01:04 AM $16.22
Invoice - 8/3/2018 9:03:38 AM
Amazon Prime Monthly Subscription
001-000-140-514-20-41-00 Membership Dues & Publications $14.06
Total Invoice - 8/3/2018 9:03:38 AM $14.06
Invoice - 8/3/2018 9:15:45 AM
Cleaning and Sanitation Supplies
001-000-180-518-30-31-06 Cleaning & Sanitation Supplies $57.95
Total Invoice - 8/3/2018 9:15:45 AM $57.95
Invoice - 8/3/2018 9:18:48 AM
Postage Fees
101-000-430-543-30-49-00 Miscellaneous $7.28
Total Invoice - 8/3/2018 9:18:48 AM $7.28
Invoice - 8/3/2018 9:19:27 AM
Background Check for New Hire
001-000-110-511-60-49-00 Miscellaneous $12.00
Total Invoice - 8/3/2018 9:19:27 AM $12.00
Invoice - 8/3/2018 9:20:05 AM
Name Plaque for New Council Member
001-000-110-511-60-41-00 Professional Services $37.94
Total Invoice - 8/3/2018 9:20:05 AM $37.94
Invoice - 8/3/2018 9:20:44 AM
Budget Committee Meeting Dinner
001-000-110-511-60-49-00 Miscellaneous $67.18
Total Invoice - 8/3/2018 9:20:44 AM $67.18
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 9 of 244
Vendor Number Reference Account Number Description Amount
Invoice - 8/3/2018 9:21:36 AM
City Clerk/Supplies
001-000-140-514-20-31-00 Office Supplies $23.53
Total Invoice - 8/3/2018 9:21:36 AM $23.53
Invoice - 8/3/2018 9:22:15 AM
Stormwater/Supplies
101-000-313-542-42-30-00 Supplies - SWA $9.20
Total Invoice - 8/3/2018 9:22:15 AM $9.20
Invoice - 8/3/2018 9:23:10 AM
City Clerk Training
001-000-140-514-20-50-00 Training $50.00
Total Invoice - 8/3/2018 9:23:10 AM $50.00
Invoice - 8/3/2018 9:29:00 AM
Office Supplies
001-000-110-511-60-31-00 Office Supplies $6.99
Total Invoice - 8/3/2018 9:29:00 AM $6.99
Invoice - 8/3/2018 9:29:49 AM
Stormwater/Supplies
101-000-313-542-42-30-00 Supplies - SWA $55.44
Total Invoice - 8/3/2018 9:29:49 AM $55.44
Invoice - 8/3/2018 9:30:36 AM
Credit
001-000-210-521-10-32-00 Fuel Consumed ($0.16)
Total Invoice - 8/3/2018 9:30:36 AM ($0.16)
Total 50556 $1,311.28
Total Banner Bank Mastercard $1,311.28
Battery Systems Inc
50557 2018 - August 2018 - August 2018 1st Council Meeting
4527804
Street/Vehicle Battery
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $130.25
Total 4527804 $130.25
Total 50557 $130.25
Total Battery Systems Inc $130.25
Cascade Natural Gas Corp
50558 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/27/2018 2:52:08 PM
Street/Gas
101-000-430-543-50-47-00 Utilities $10.60
Total Invoice - 7/27/2018 2:52:08 PM $10.60
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 10 of 244
Vendor Number Reference Account Number Description Amount
Invoice - 7/27/2018 2:52:55 PM
Street/Gas
101-000-430-543-50-47-00 Utilities $10.60
Total Invoice - 7/27/2018 2:52:55 PM $10.60
Total 50558 $21.20
Total Cascade Natural Gas Corp $21.20
Cdw Government, Inc
50559 2018 - August 2018 - August 2018 1st Council Meeting
NKB1800
Police/Computer Equipment
001-000-145-594-14-60-27 Capital - Cmptr Equip Police $68.64
Total NKB1800 $68.64
Total 50559 $68.64
Total Cdw Government, Inc $68.64
Chelan County Treasurer
50560 2018 - August 2018 - August 2018 1st Council Meeting
010085-01780
2nd Qtr 2018/Juvenile Housing
001-000-230-527-60-30-00 Juvenile Detention $1,320.00
Total 010085-01780 $1,320.00
Total 50560 $1,320.00
Total Chelan County Treasurer $1,320.00
Chris & Jana's Produce
50561 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/20/2018 11:54:29 AM
Business License Reimbursement
001-000-000-321-99-00-00 Business Licenses & Permits $52.00
Total Invoice - 7/20/2018 11:54:29 AM $52.00
Total 50561 $52.00
Total Chris & Jana's Produce $52.00
Christine Schwinkendorf
50562 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/8/2018 8:12:53 AM
TBD Refund
105-000-000-317-60-00-00 Car Tab Fee Revenue $20.00
Total Invoice - 8/8/2018 8:12:53 AM $20.00
Total 50562 $20.00
Total Christine Schwinkendorf $20.00
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 11 of 244
Vendor Number Reference Account Number Description Amount
Clayton Verellen
50528 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/27/2018 12:19:39 PM
Per Diem/Stormcon Training
101-000-313-542-42-45-00 Travel $221.50
Total Invoice - 7/27/2018 12:19:39 PM $221.50
Total 50528 $221.50
Total Clayton Verellen $221.50
David Marin DBA Cruzin Magazine
50563 2018 - August 2018 - August 2018 1st Council Meeting
06923
Events/Advertising
117-000-400-557-30-44-11 Wings & Wheels Advertising $285.00
Total 06923 $285.00
Total 50563 $285.00
Total David Marin DBA Cruzin Magazine $285.00
Douglas CO Sewer District
50564 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/27/2018 3:37:35 PM
Utilities
001-000-180-518-30-47-00 Utilities $76.00
Total Invoice - 7/27/2018 3:37:35 PM $76.00
Invoice - 7/27/2018 3:37:59 PM
Utilities
001-000-180-518-30-47-00 Utilities $76.00
Total Invoice - 7/27/2018 3:37:59 PM $76.00
Invoice - 7/27/2018 3:38:24 PM
Utilities
001-000-180-518-30-47-00 Utilities $65.74
112-000-000-572-50-47-00 Facilities--Utilities $10.26
Total Invoice - 7/27/2018 3:38:24 PM $76.00
Total 50564 $228.00
Total Douglas CO Sewer District $228.00
Douglas County Auditor-Recording
50565 2018 - August 2018 - August 2018 1st Council Meeting
54267
Recording Fee/Temporary Easement #3214369
001-000-140-514-30-20-00 Records Services $103.00
Total 54267 $103.00
Total 50565 $103.00
Total Douglas County Auditor-Recording $103.00
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 12 of 244
Vendor Number Reference Account Number Description Amount
Emerald Desert Nursery LLC
50566 2018 - August 2018 - August 2018 1st Council Meeting
33467
Landscaping Supplies
001-000-180-518-30-49-01 Landscaping $97.38
Total 33467 $97.38
Total 50566 $97.38
Total Emerald Desert Nursery LLC $97.38
Envirotech Services, Inc
50567 2018 - August 2018 - August 2018 1st Council Meeting
CD201816826
Street/Ice Slicer
101-000-420-542-66-30-00 Supplies $5,391.99
Total CD201816826 $5,391.99
Total 50567 $5,391.99
Total Envirotech Services, Inc $5,391.99
Fastenal Company
50568 2018 - August 2018 - August 2018 1st Council Meeting
WAWEN172187
Street/Supplies
101-000-313-542-42-30-00 Supplies - SWA $17.89
Total WAWEN172187 $17.89
WAWEN172710
Street/Suppliers
101-000-430-543-30-30-00 Supplies $138.50
Total WAWEN172710 $138.50
WAWEN172983
Street/Supplies
101-000-313-542-42-30-00 Supplies - SWA $56.11
Total WAWEN172983 $56.11
Total 50568 $212.50
Total Fastenal Company $212.50
Financial Services
50569 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/20/2018 11:52:04 AM
Court/Crowell Judge Conference Registration 2018
001-000-120-512-50-43-00 Travel $260.00
Total Invoice - 7/20/2018 11:52:04 AM $260.00
Total 50569 $260.00
Total Financial Services $260.00
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 13 of 244
Vendor Number Reference Account Number Description Amount
Forester Media, Inc. c/o StormCon Registration
50570 2018 - August 2018 - August 2018 1st Council Meeting
18STORM_wUMB-R8hW
Verellen StormCon Registration Fee
101-000-313-542-42-40-00 Training $900.00
Total 18STORM_wUMB-R8hW $900.00
Total 50570 $900.00
Total Forester Media, Inc. c/o StormCon Registration $900.00
Frontier
50571 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/27/2018 2:51:31 PM
Street Modem
101-000-420-542-64-47-00 Utilities $60.63
Total Invoice - 7/27/2018 2:51:31 PM $60.63
Invoice - 7/27/2018 3:15:35 PM
Street Modem
101-000-420-542-64-47-00 Utilities $50.07
Total Invoice - 7/27/2018 3:15:35 PM $50.07
Invoice - 7/27/2018 3:16:00 PM
Street Modem
001-000-180-518-30-47-00 Utilities $185.97
112-000-000-572-50-47-00 Facilities--Utilities $29.03
Total Invoice - 7/27/2018 3:16:00 PM $215.00
Total 50571 $325.70
Total Frontier $325.70
Galls, LLC-DBA Blumenthal Uniform
50572 2018 - August 2018 - August 2018 1st Council Meeting
010285847
Police/Supplies
001-000-210-521-10-49-00 Miscellaneous $54.05
Total 010285847 $54.05
Total 50572 $54.05
Total Galls, LLC-DBA Blumenthal Uniform $54.05
GO Usa/hamilton & Assoc
50573 2018 - August 2018 - August 2018 1st Council Meeting
25109-1
Street/Supplies
101-000-313-542-42-49-00 Miscellaneous Expense - SWA $183.64
101-000-430-543-30-30-00 Supplies $183.64
Total 25109-1 $367.28
Total 50573 $367.28
Total GO Usa/hamilton & Assoc $367.28
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 14 of 244
Vendor Number Reference Account Number Description Amount
Graybeal Signs, Inc
50574 2018 - August 2018 - August 2018 1st Council Meeting
36368
Stormwater/Name Plate Clayton Verellen
001-000-180-518-30-49-00 Miscellaneous $75.88
Total 36368 $75.88
36381
Finance/Name Plate Josh Delay
001-000-180-518-30-35-00 Small Tools & Equipment $37.94
Total 36381 $37.94
Total 50574 $113.82
Total Graybeal Signs, Inc $113.82
H2 Pre-Cast, Inc
50575 2018 - August 2018 - August 2018 1st Council Meeting
139629
Street/Supplies
101-000-313-542-42-30-00 Supplies - SWA $899.72
Total 139629 $899.72
139687
Street/Supplies
101-000-313-542-42-30-00 Supplies - SWA $124.66
Total 139687 $124.66
Total 50575 $1,024.38
Total H2 Pre-Cast, Inc $1,024.38
In-Print
50527 2018 - August 2018 - August 2018 1st Council Meeting
1340
July Newsletters
001-000-110-511-60-31-05 Newsletter Printing & Mailing $4,747.35
Total 1340 $4,747.35
1340M
July Newsletters/Postage and Addressing
001-000-110-511-60-31-05 Newsletter Printing & Mailing $1,948.80
Total 1340M $1,948.80
Total 50527 $6,696.15
50576 2018 - August 2018 - August 2018 1st Council Meeting
0854
Police/Johnson Business Cards
001-000-210-521-10-31-00 Office Supplies $129.88
Total 0854 $129.88
Total 50576 $129.88
Total In-Print $6,826.03
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 15 of 244
Vendor Number Reference Account Number Description Amount
Isaac Fleshman-Cooper
50577 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/27/2018 2:05:12 PM
2018 Clothing Allowance
001-000-210-521-10-20-01 Clothing Allowance $138.46
Total Invoice - 7/27/2018 2:05:12 PM $138.46
Total 50577 $138.46
Total Isaac Fleshman-Cooper $138.46
Jeanette S Bryant
50530 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/1/2018 9:55:20 AM
Police/WASPC Training
001-000-210-521-10-43-00 Travel $17.00
Total Invoice - 8/1/2018 9:55:20 AM $17.00
Total 50530 $17.00
Total Jeanette S Bryant $17.00
Jeremy Lovold
50578 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/27/2018 2:54:23 PM
Street/Tanker Endorsment Fee
101-000-430-543-30-30-00 Supplies $10.00
Total Invoice - 7/27/2018 2:54:23 PM $10.00
Total 50578 $10.00
Total Jeremy Lovold $10.00
John Phillips
50579 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/27/2018 2:06:39 PM
2018 Clothing Allowance
001-000-210-521-10-20-01 Clothing Allowance $130.15
Total Invoice - 7/27/2018 2:06:39 PM $130.15
Total 50579 $130.15
Total John Phillips $130.15
Josh Toftness
50580 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/27/2018 3:23:46 PM
2017-2020 Clothing Allowance
101-000-430-543-30-30-00 Supplies $60.57
Total Invoice - 7/27/2018 3:23:46 PM $60.57
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Invoice - 8/8/2018 8:26:54 AM
Per Diem/WSU Conference 10/8 to 10/10
101-000-430-544-90-35-00 Travel - Training $334.34
Total Invoice - 8/8/2018 8:26:54 AM $334.34
Total 50580 $394.91
Total Josh Toftness $394.91
Key Methods, LLC
50581 2018 - August 2018 - August 2018 1st Council Meeting
CF63387
Computer Maintenance
001-000-145-514-20-40-00 Network Services $3,889.25
Total CF63387 $3,889.25
CF63401
Computer Maintenance
001-000-145-514-20-40-00 Network Services $2,671.46
Total CF63401 $2,671.46
CF63507
Computer Maintenance
001-000-145-514-20-40-05 Disaster Backup System Support $8,622.03
Total CF63507 $8,622.03
Total 50581 $15,182.74
Total Key Methods, LLC $15,182.74
Keyhole Security Center Inc
50582 2018 - August 2018 - August 2018 1st Council Meeting
296810
Street/Lock for 19th & Eastmont Bee Hive
101-000-313-542-42-30-00 Supplies - SWA $34.52
Total 296810 $34.52
Total 50582 $34.52
Total Keyhole Security Center Inc $34.52
Kottkamp & Yedinak, Pllc
50583 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/1/2018 10:12:06 AM
July 2018 Public Defender
001-000-110-511-60-21-50 Public Defender $4,050.00
Total Invoice - 8/1/2018 10:12:06 AM $4,050.00
Total 50583 $4,050.00
Total Kottkamp & Yedinak, Pllc $4,050.00
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Master Gardener Foundation of Chelan County
50584 2018 - August 2018 - August 2018 1st Council Meeting
74
June 2018 Japanese Garden Maintenance
101-000-420-542-80-48-00 Maint Agmt - Japanese Gdn $2,000.00
Total 74 $2,000.00
Total 50584 $2,000.00
Total Master Gardener Foundation of Chelan County $2,000.00
Mitchell Trucking &
50585 2018 - August 2018 - August 2018 1st Council Meeting
8016
Street/Hot Mix
101-000-313-542-42-30-00 Supplies - SWA $456.72
Total 8016 $456.72
Total 50585 $456.72
Total Mitchell Trucking &$456.72
Mph Industries, Inc
50586 2018 - August 2018 - August 2018 1st Council Meeting
6004959
Police/Battery Cover
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $31.24
Total 6004959 $31.24
Total 50586 $31.24
Total Mph Industries, Inc $31.24
Noyd & Noyd Inc
50587 2018 - August 2018 - August 2018 1st Council Meeting
7818
Lacy Bond
001-000-110-511-60-46-00 Insurance $248.00
Total 7818 $248.00
7819
Harrison Bond
001-000-110-511-60-46-00 Insurance $100.00
Total 7819 $100.00
7822
Allen Bond
001-000-110-511-60-46-00 Insurance $140.00
Total 7822 $140.00
Total 50587 $488.00
Total Noyd & Noyd Inc $488.00
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 18 of 244
Vendor Number Reference Account Number Description Amount
Office Depot Credit Plan
50588 2018 - August 2018 - August 2018 1st Council Meeting
144072551001
Police/Office Supplies
001-000-210-521-10-31-00 Office Supplies $228.23
Total 144072551001 $228.23
150816550001
Street/Office Supplies
001-000-141-514-20-31-01 Office Machine Costs $105.99
Total 150816550001 $105.99
150828317001
Street/Office Supplies
001-000-141-514-20-31-01 Office Machine Costs $69.75
Total 150828317001 $69.75
152765531001
Stormwater/Office Supplies
101-000-313-542-42-30-00 Supplies - SWA $26.17
Total 152765531001 $26.17
152766134001
Stormwater/Office Supplies
101-000-313-542-42-30-00 Supplies - SWA $28.55
Total 152766134001 $28.55
155213274001
Court/Office Supplies
001-000-120-512-50-31-00 Office Supplies $51.11
Total 155213274001 $51.11
158722483001
Events/Office Supplies
117-000-115-557-30-31-05 Eweb Office Supplies $21.63
Total 158722483001 $21.63
158722508001
Events/Office Supplies
117-000-115-557-30-31-05 Eweb Office Supplies $157.96
Total 158722508001 $157.96
Total 50588 $689.39
Total Office Depot Credit Plan $689.39
Okanogan County Jail
50589 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/7/2018 1:54:36 PM
Housing of Inmates July 2018
001-000-230-523-21-10-00 Housing & Monitoring Prisoners $58.50
Total Invoice - 8/7/2018 1:54:36 PM $58.50
Total 50589 $58.50
Total Okanogan County Jail $58.50
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Pape Machinery, Inc
50590 2018 - August 2018 - August 2018 1st Council Meeting
515013
Street/Vehicle Repairs
101-000-420-542-66-48-00 Repairs & Maintenance $302.29
Total 515013 $302.29
Total 50590 $302.29
Total Pape Machinery, Inc $302.29
Parker Corporation Services, INC DBA Merchant Patrol Security
50591 2018 - August 2018 - August 2018 1st Council Meeting
24755
Court/Armed Guard Services July 2018
001-000-120-512-50-49-09 Security $350.00
Total 24755 $350.00
Total 50591 $350.00
Total Parker Corporation Services, INC DBA Merchant Patrol Security $350.00
Petty Cash Fund Josh DeLay, Custodian
50592 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 7/27/2018 2:40:08 PM
Petty Cash Fund
001-000-110-511-60-49-00 Miscellaneous $38.99
001-000-140-514-20-31-01 Central Stores $7.58
001-000-140-514-20-31-01 Central Stores $92.42
Total Invoice - 7/27/2018 2:40:08 PM $138.99
Total 50592 $138.99
Total Petty Cash Fund Josh DeLay, Custodian $138.99
Pud #1 of Douglas County
50593 2018 - August 2018 - August 2018 1st Council Meeting
106654
Alvin Ct and Baker/Installation of Street Lamps
101-000-420-542-63-47-00 Utilities $450.00
Total 106654 $450.00
Invoice - 7/27/2018 2:25:47 PM
5/15/18 to 6/15/18 Utilities
001-000-180-518-30-47-00 Utilities $826.09
101-000-420-542-63-47-00 Utilities $204.00
101-000-420-542-64-47-00 Utilities $40.00
101-000-420-542-75-47-00 Utilities $78.00
101-000-430-543-50-47-00 Utilities $96.00
112-000-000-572-50-47-00 Facilities--Utilities $116.91
Total Invoice - 7/27/2018 2:25:47 PM $1,361.00
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 20 of 244
Vendor Number Reference Account Number Description Amount
Invoice - 7/27/2018 3:13:01 PM
Utilities
101-000-420-542-63-47-00 Utilities $16.00
Total Invoice - 7/27/2018 3:13:01 PM $16.00
Invoice - 7/27/2018 3:13:30 PM
Utilities
101-000-420-542-63-47-00 Utilities $33.00
Total Invoice - 7/27/2018 3:13:30 PM $33.00
Invoice - 8/3/2018 9:48:25 AM
Metered Street Lighting
101-000-420-542-63-47-00 Utilities $16.00
Total Invoice - 8/3/2018 9:48:25 AM $16.00
Invoice - 8/3/2018 9:48:58 AM
6/15/18 to 7/15/18 Utilities
101-000-420-542-63-47-00 Utilities $2,758.00
101-000-420-542-64-47-00 Utilities $171.00
Total Invoice - 8/3/2018 9:48:58 AM $2,929.00
Total 50593 $4,805.00
Total Pud #1 of Douglas County $4,805.00
Rh2 Engineering, Inc.
50594 2018 - August 2018 - August 2018 1st Council Meeting
70735
Engineering Services
001-000-315-544-20-45-00 Engineering Support Services $773.36
Total 70735 $773.36
Total 50594 $773.36
Total Rh2 Engineering, Inc.$773.36
Rivercom
50595 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/1/2018 10:05:48 AM
July 2018 Dispatch Services
001-000-001-528-70-51-00 River Com $26,835.50
Total Invoice - 8/1/2018 10:05:48 AM $26,835.50
Total 50595 $26,835.50
Total Rivercom $26,835.50
S & W Irrigation Supply
50596 2018 - August 2018 - August 2018 1st Council Meeting
420063
Street/Park Supplies
101-000-420-542-75-48-00 Repairs & Maintenance $63.71
Total 420063 $63.71
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
420279
Street/Park Supplies
101-000-313-542-42-30-00 Supplies - SWA $35.10
Total 420279 $35.10
Total 50596 $98.81
Total S & W Irrigation Supply $98.81
The Wenatchee World
50597 2018 - August 2018 - August 2018 1st Council Meeting
AD#55763
Finance Director Position
001-000-110-511-60-44-00 Advertising $225.68
Total AD#55763 $225.68
AD#55764
Finance Director Position
001-000-110-511-60-44-00 Advertising $293.60
Total AD#55764 $293.60
AD#57421
Civil Service Advertising
001-000-160-521-10-49-00 Miscellaneous $317.60
Total AD#57421 $317.60
AD#57613
Planning Commission Advertising
001-000-140-514-20-44-00 Advertising $69.36
Total AD#57613 $69.36
AD#57769
Public Notice of Ordinance 2018-09
001-000-140-514-20-44-00 Advertising $138.72
Total AD#57769 $138.72
AD#57789
Planning Commission Hearing Advertising
001-000-580-558-60-44-00 Advertising $148.89
Total AD#57789 $148.89
Total 50597 $1,193.85
Total The Wenatchee World $1,193.85
Tony Ditommaso PS
50598 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/1/2018 10:07:40 AM
July 2018 Public Defender
001-000-110-511-60-21-50 Public Defender $4,050.00
Total Invoice - 8/1/2018 10:07:40 AM $4,050.00
Total 50598 $4,050.00
Total Tony Ditommaso PS $4,050.00
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Total Travel
50526 2018 - August 2018 - August 2018 1st Council Meeting
305561
Misawa Travel/Council Member Crawford
001-000-110-511-60-43-01 Travel - Misawa $1,734.21
Total 305561 $1,734.21
Total 50526 $1,734.21
Total Total Travel $1,734.21
Town Ford Inc
50599 2018 - August 2018 - August 2018 1st Council Meeting
170482
Police/Vehicle Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $281.14
Total 170482 $281.14
Total 50599 $281.14
Total Town Ford Inc $281.14
Traffic Safety Supply
50600 2018 - August 2018 - August 2018 1st Council Meeting
INV003171
Street/Traffic Control Supplies
101-000-420-542-64-30-00 Supplies $454.40
Total INV003171 $454.40
Total 50600 $454.40
Total Traffic Safety Supply $454.40
Verizon Wireless
50601 2018 - August 2018 - August 2018 1st Council Meeting
9810237732
Police/Cell Phones
001-000-210-521-10-42-01 Telephone $2,138.03
Total 9810237732 $2,138.03
Total 50601 $2,138.03
Total Verizon Wireless $2,138.03
Vita Clean Services Inc.
50602 2018 - August 2018 - August 2018 1st Council Meeting
20073
Vactor Truck Wash
101-000-313-542-42-48-00 Equipment Repair & Maintenance $81.30
Total 20073 $81.30
Total 50602 $81.30
Total Vita Clean Services Inc.$81.30
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Wash ST Dept of Licensing
50603 2018 - August 2018 - August 2018 1st Council Meeting
EWO001093 Smith
Gun Permit Denied
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWO001093 Smith $18.00
EWP001055 Smith
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001055 Smith $18.00
EWP001074 Smith
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001074 Smith $18.00
EWP001075 Kehoe
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001075 Kehoe $18.00
EWP001076 Rios
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001076 Rios $18.00
EWP001077 Kinman
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001077 Kinman $18.00
EWP001080 Clark
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001080 Clark $18.00
EWP001081 Danek
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001081 Danek $18.00
EWP001082 Dickinson
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001082 Dickinson $18.00
EWP001083 Miller
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001083 Miller $18.00
EWP001084 Collins
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001084 Collins $18.00
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
EWP001086 Rawlings
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001086 Rawlings $18.00
EWP001087 Kehoe
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001087 Kehoe $18.00
EWP001088 Barker
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001088 Barker $18.00
EWP001089 Fox-Miller
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001089 Fox-Miller $18.00
EWP001090 Rasmssen
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001090 Rasmssen $18.00
EWP001091 Simmons
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001091 Simmons $18.00
EWP001092 Le Moine
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $21.00
Total EWP001092 Le Moine $21.00
EWP001094 Smith
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001094 Smith $18.00
EWP001095 Slatta
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001095 Slatta $18.00
EWP001096 Anderson
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001096 Anderson $18.00
EWP001097 Langlois
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001097 Langlois $18.00
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
EWP001098 Langlois
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001098 Langlois $18.00
EWP001099 Sawatzky
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001099 Sawatzky $18.00
EWP001100 Abbott
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP001100 Abbott $18.00
Total 50603 $453.00
Total Wash ST Dept of Licensing $453.00
Washington State Association of
50604 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/7/2018 2:08:48 PM
Legal/Poulson 2018 General Membership
001-000-151-515-30-49-00 Miscellaneous $15.00
Total Invoice - 8/7/2018 2:08:48 PM $15.00
Total 50604 $15.00
Total Washington State Association of $15.00
Wenatchee Valley Humane Society
50605 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/1/2018 10:24:08 AM
July 2018 Animal Control Services
001-000-001-539-30-51-00 Animal Control $6,126.24
Total Invoice - 8/1/2018 10:24:08 AM $6,126.24
Total 50605 $6,126.24
Total Wenatchee Valley Humane Society $6,126.24
Wenatchee Valley Museum & Cultural Center
50606 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/1/2018 10:18:24 AM
Aug 2018 Joint Agreement Fee
113-000-000-557-30-41-15 Wenatchee Valley Museum & CC $9,273.00
Total Invoice - 8/1/2018 10:18:24 AM $9,273.00
Total 50606 $9,273.00
Total Wenatchee Valley Museum & Cultural Center $9,273.00
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
WSU Conference Mgmt. ATTN: Stormwater Conference
50607 2018 - August 2018 - August 2018 1st Council Meeting
Invoice - 8/8/2018 8:22:55 AM
Road & Street Maintenance Supervisor's Conference/REF: 33619182
101-000-313-542-42-40-00 Training $365.00
Total Invoice - 8/8/2018 8:22:55 AM $365.00
Total 50607 $365.00
Total WSU Conference Mgmt. ATTN: Stormwater Conference $365.00
Grand Total Vendor Count 60 $114,647.94
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East Wenatchee - Voucher Directory
08/14/2018 Council Meeting Agenda Packet Page 27 of 244
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 1 of 5
East Wenatchee City Council Meeting
Tuesday, July 24, 2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Steven Lacy Devin Poulson, City Attorney
Councilmember John Sterk Lori Barnett, Community Development Director
Councilmember Harry Raab Tom Wachholder, Project Manager
Councilmember Chuck Johnson Nick Gerde, Finance Director
Councilmember Jerrilea Crawford Josh Delay, Finance Director
Councilmember Shayne Magdoff Randy Harrison, Police Chief
Councilmember Timothy J. Detering
6:30 p.m. Regular Meeting
1. Call to Order, Roll Call and Pledge of Allegiance.
Motion to excuse Councilmember Matt Hepner by Councilmember Detering.
Councilmember Johnson Seconded the motion. Motion carried (6-0).
2. Consent Items:
Motion to approve agenda, vouchers, and minutes from previous meetings.
a. 07/24/2018, checks: 50457-50459; 50466-50523, in the amount of $121,183.62
b. 06/28/2018 Council Workshop Minutes
c. 07/10/2018 Council Meeting Minutes.
Motion to approve consent items by Crawford. Councilmember Raab seconded the
motion. Motion carried (6-0).
3. Citizen Requests/Comments.
a. Linda Haglund of 824 12th Street NE, East Wenatchee, WA. Mrs. Haglund came to
encourage the Council to pass the Gateway Project due to the positive message it
sends to the community.
4. Public Hearing.
a. Mayor Lacy opened the public hearing on the 2018 CDBG Annual Action Plan. No
public comment was received. The Mayor closed the public hearing.
08/14/2018 Council Meeting Agenda Packet Page 28 of 244
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 2 of 5
5. Presentations.
a. WSDOT David Bierschbach, Nick Manzaro, Dan Lewis, and Jennifer Saugen with
Perteet Engineer. Mr. Bierschback provided City Council with an update on what is
going on with the Department of Transportation which included: 1.) SR28 Project
previously completed round-about; 2.) SR28 and 9th Street, SR28 Valley Mall
Parkway intersection, and the cost increase of estimate that resulted in the project
being re-looked at, consideration regarding a dual round-about or dual signals for
this location; 3.) SR28 East Wenatchee Corridor Improvement, Sunset (9th Street to
Hadley Street on Sunset Hwy.) Design and Construction expected to occur 2019-
2027; 4.) SR28 and 38th Corridor Project which is outside the City and just a heads
up.
Comments provided by Mayor Lacy, Councilmember Detering, and Councilmember
Magdoff.
6. Action Item.
Mayor Lacy moved Action Item A forward of the agenda. Councilmember Hepner
was present for this action item via telephone.
a. Gateway Park Project – Council final decision whether to proceed with the project.
Presented by Lori Barnett, Community and Development Director.
Motion by Councilmember Detering to approve the Value Engineering Review
design modifications with an increase in the construction cost limit to $516,821.
Councilmember Crawford seconded the Motion. Motion carried (6-1, Johnson)
Comments provided by Councilmember Sterk.
Motion by Councilmember Detering to approve the Mayor’s signature on the SCJ
Alliance Contract Amendment #1 for Design Revisions and Bid Advertisement #2
for $4,112.00. Councilmember Magdoff seconded the Motion. Motion carried (7-0)
Comments provided by Councilmember Crawford.
Motion by Councilmember Johnson to authorize staff to rebid the Gateway Project
in the winter for a spring 2019 construction timeline. Councilmember Detering
seconded the Motion. Motion carried (7-0)
Comments provided by Councilmember Johnson.
08/14/2018 Council Meeting Agenda Packet Page 29 of 244
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 3 of 5
7. Department Report.
a. The Mayor introduced Josh Delay, They City’s new Finance Director. The Mayor
spoke to Council in regards to the City Code and the appointment of a City Treasurer
by the Mayor requiring confirmation by the Council. Josh Delay spoke to Council
regarding his background and experience.
Comments provided by Councilmembers Detering, Councilmember Raab, and
Councilmember Johnson.
Motion by Councilmember Raab to confirm the appointment of Josh Delay, as City
Treasure. Councilmember Johnson seconded the Motion. Motion carried (6-0)
b. Finance Director Nick Gerde provided a finance department report to Council.
Action Item B and Action Item C followed the finance department report.
8. Mayor’s Report.
a. Mayor Lacy announced that there will be a retirement party for Nick Gerde on
August 02, 2018. The Mayor thanked Nick publicly for his service and expertise.
b. Mayor Lacy discussed 2018 Council Committee & Board Assignments in light of
newly appointed Councilmember Magdoff.
c. Mayor Lacy discussed establishing a Capital Project Team for the City. The Mayor
has met with Street Manager Josh Toftness on City needs by the Street Dept. Lori
Barnett has been assigned the responsibility of setting up the Capital Project Team
and scheduling meetings.
d. Mayor Lacy met with the Regional Library Director Barbara Walters. The Mayor and
Mrs. Walters discussed the possibility of expanding the library at City Hall and the
possibilities of a new relationship with the Regional Library.
9. Action Items.
b. A first reading of Ordinance 2018-10, an Ordinance of the City of East Wenatchee,
amending Ordinance Number 2017-25 which set the City of East Wenatchee 2018
Budget.
The Mayor elevated to a second reading.
Motion by Council Crawford to approve Ordinance 2018-10 amending the 2018
budget as presented. Councilmember Magdoff seconded the Motion. Motion
carried (6-0).
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 4 of 5
c. A first reading of Ordinance 2018-11, An Ordinance of the City of East Wenatchee,
Washington, amending Ordinance 2017-24 which fixed and confirming the salaries
and compensation to be paid to certain officials and employees of the City of East
Wenatchee during the year 2018, containing a severability clause, and establishing
an effective date.
The Mayor elevated to a second reading.
Motion by Councilmember Detering to approve Ordinance 2018-11 amending the
2018 salaries and compensation to be paid to certain officials and employees of
the City of East Wenatchee for the year 2018 as presented. Councilmember
Magdoff seconded the Motion. Motion carried (6-0).
d. First reading Ordinance 2018-09, an Ordinance of the City of East Wenatchee
updating the City’s process of regulating business-license fees by amending Section
5.04.020 and Section 5.04.060 of the East Wenatchee Municipal Code.
The Mayor elevated to a second reading.
Motion by Councilmember Raab to approve Ordinance 2018-09, updating business
license definitions as presented. Councilmember Johnson seconded the Motion.
Motion carried (6-0).
e. Douglas County Sewer District WWTP – Temporary Easement for a Fall 2018 Waste
Water Treatment Plant Maintenance Project.
Comments provided by Councilmember Detering.
Motion by Councilmember Crawford to authorize the Mayor to sign the Douglas
County Sewer District Temporary Easement. Councilmember Detering seconded the
Motion. Motion carried (6-0).
f. PUD No. 1 of Douglas County Area Lighting Service Agreement – Area Lighting
Service Agreement Between Public Utility District (PUD) No. 1 of Douglas County and
the City of East Wenatchee for installing three streetlights on PUD-owned utility
poles on 11th Street NE between Baker Ave and Valley Mall Parkway.
Comments provided by Mayor Lacy, Councilmember Detering and Councilmember
Crawford.
Motion by Councilmember Detering to authorize the Mayor to sign three
streetlight – PUD area lighting service agreements. Councilmember Sterk seconded
the Motion. Motion carried (6-0).
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 5 of 5
10. 2018 Residential Pavement Overlay Projects on Johnson Place, S. Iowa Ave., Tedford St.
SE, S. June Ave., and 1st St. SE. Change Order Number 1.
Motion by Councilmember Detering to authorize the Mayor to sign the proposed 2018
residential Overlay Program Change Order No. 1 in the amount of $17,000.00 for the
additional asphalt grinding. Councilmember Johnson seconded the Motion. Motion
carried (6-0).
Council Reports & Announcements.
a. Councilmember Sterk shared a report from the Health District regarding the rabid
bat problem in the Valley. Councilmember Sterk commented on the Health District
staff managing this problem well.
11. Adjournment. With no further business, the meeting adjourned at 7:38 p.m.
Steven C. Lacy, Mayor
Attest:
Maria E. Holman, City Clerk
08/14/2018 Council Meeting Agenda Packet Page 32 of 244
Public Works Report
August 8, 2018
5th Street Sidewalks and Storm Sewer Improvements
The 5th Street Sidewalk/Storm Sewer project constructed new sidewalks on 5th
Street NE from Baker Avenue to Eastmont Avenue. Sidewalk construction
necessitated the need for a new storm sewer system as well.
Current Status:
- Finalizing closeout documents.
Astor Court/Ashland Avenue Stormwater Project
The City has known and documented drainage problems at the 1600 block of
Ashland Avenue and the 1600 block of Astor Court. These drainage problems are a
result of the surrounding topography (e.g., low point in the roadway profile) in
conjunction with a lack of storm sewer infrastructure in the area. At these
locations, property owners have experienced property damage associated with the
drainage problems (e.g., flooded basements, runoff discharging to swimming pool,
persistent ponding). On March 14, 2017, SCJ Alliance was awarded a professional
services contract to design a solution for the mentioned drainage issues.
Current Status:
- 100% complete
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2018 TIB Overlay Grant
TIB grant funds have been successfully obtained to overlay two (2) segments of
roadway in the City (5th Street between Baker Ave and Eastmont Ave; S Kentucky
Ave between Grant Rd and 4th St SE). In addition, this project will reconstruct
associated non-compliant sidewalk ramps to meet current ADA standards. This
project will require coordination with the Douglas County Sewer District and East
Wenatchee Water District. The anticipated start of construction for this project is
August 2018.
Current Status:
- Bid opening was held on June 19, 2018 with Granite Construction
submitting the low bid;
- Construction is scheduled to start on August 13, 2018.
2018 Relight Washington Streetlight Conversion Project
In 2017, the Transportation Improvement Board (TIB) approved the Relight
Washington Grant for the conversion of all City streetlights to LED. The grant
covers 100% of the conversion cost. Douglas PUD purchased the new LED
fixtures for the City and will be reimbursed through the TIB grant.
Current Status:
- Service cabinet upgrades are needed because of a correction notice issued by
L&I (breaker changeouts).
10th Street Improvements – Eastmont Ave to Kentucky Ave
On March 21, 2018, City staff submitted a Public Works Trust Fund Loan pre-
construction application for the 10th Street Improvements – Eastmont Ave to
Kentucky Ave project design.
Current Status:
- The City received a successful funding notification on Friday, April 13,
2018;
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- City staff approved the Scope of Work on June 12, 2018;
- Pre-construction loan contract on August 14, 2018 agenda.
2018 Residential Overlay Program
In 2017, during the scoping phase, residential street paving projects were
coordinated with local utility districts to make the most efficient use of City and
utility district resources. The 2018 Residential Street Preservation Program
includes overlaying Johnson Place, S. Iowa Ave., Tedford St. SE, S. June Ave.,
and 1st St. SE.
Current Status
- Smith Excavation started replacing watermain on April 30, 2018;
- Initial overlay is complete, contractor needs to raise and adjust utilities in
addition to final cleanup.
2013 11th Street NE Sidewalk Improvements Project – Illumination Inquiry
A service request has been generated with Douglas County PUD for installing
streetlights on 11th St NE between Baker Ave and Valley Mall Parkway. At this
time, the PUD will install the streetlights as soon as possible.
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CITY OF EAST WENATCHEE COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Lori Barnett, Community Development Director
Subject: Ordinance 2018-12 amending chapter 10.64 East Wenatchee
Municipal Code (EWMC) establishing a supporting truck route.
Date: August 14, 2018
I. Summary Title: An Ordinance of the City of East Wenatchee amending sections 10.64.010, 10.64.040, and 10.64.100 of the East Wenatchee Municipal Code establishing a supporting truck route to supplement the truck routes established by Ordinance 2017-19.
II. Background/History: On November 10, 2017, the City Council adopted Ordinance 2017-19 establishing chapter 10.64 EWMC to designate truck routes through the City. The ordinance was initiated
to address issues relating to potential damage to city streets from
heavy trucks traveling on roads that were not constructed to a
standard that could withstand such loads. The truck routes were
designated as SR 28 and Grant Road. Trucks were prohibited on
other streets, with some exceptions, unless they were making local pickups or deliveries.
Transporters of wheat attended several Council meetings expressing concern regarding the designated truck route. The route used by transporters, bringing wheat from the upper reaches of Douglas County, use Badger Mountain Road on their way to the storage and distribution centers in Wenatchee. According to the adopted truck
route, those trucks would be required to backtrack northward along
Eastmont Avenue to connect to SR 28, adding several miles to their
trip.
The proposed amendment includes a supporting truck route for trucks entering the City from the north allowing them to travel along Eastmont Avenue to 9th Street NE to connect to the main truck route of SR 28. Including a portion of Eastmont Ave. and using 9th Street NE as a supporting truck route is consistent with the Wenatchee Valley Urbanized Area Freight Study. This proposal was discussed
with Council at their July 26, 2018 workshop.
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III. Recommended Action:
• Motion to elevate to second reading.
• Motion to approve Ordinance 2018-12.
IV. Exhibits: Ordinance 2018-12 and Exhibit A
Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $0 $0
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City of East Wenatchee Ordinance 2018-12 Page 1 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Ordinance No. 2018-12
An Ordinance of the City of East Wenatchee amending sections 10.64.010, 10.64.040, and 10.64.100 of the East Wenatchee Municipal Code establishing a supporting truck route to supplement the truck routes established by Ordinance 2017-19.
Una Ordenanza de la Ciudad de East Wenatchee que modifica las secciones 10.64.010, 10.64.040 y 10.64.100 del Código Municipal de East Wenatchee que establece una ruta de camiones de apoyo para complementar las rutas de camiones establecidas por la Ordenanza 2017-19.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington.
2.2. The City has a road standard requiring roads to be built to a structural standard when reconstructed.
2.3. The City established a truck road network in consideration of current road structural standards.
2.4. Concern was expressed from commodities shippers that the truck route created an overly burdensome, circuitous route for trucks entering or exiting the north end of the City from Badger Mountain Road. The proposed amendments address that issue.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
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City of East Wenatchee Ordinance 2018-12 Page 1 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
3.2. As authorized by RCW 46.44.080, the City Council may prohibit the operation of motor trucks on a public highway whenever any such public highway will be seriously damaged or destroyed unless the operation of vehicles thereon be prohibited or restricted.
3.3. As authorized by RCW 46.44.080, the City Council may impose limits as to the weight of a motor truck on a public highway whenever any such public highway will be seriously damaged or destroyed unless the permissible weight of the motor truck is reduced.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
4. Purpose. The purpose of this ordinance is to amend the designated truck routes through the City.
5. Amendment 1. The City Council amends section 10.64.010 to read:
10.64.010 Definitions. “City” is the city of East Wenatchee.
“Deviating truck” is a truck which leaves and departs from a truck route while traveling inside the city.
“Person” is any person, firm, partnership, association, corporation, company, or organization of any kind.
“Truck” is any vehicle designed or operated for the transportation of property, and whose body weight or whose combined body and load weight or whose gross vehicle weight rating exceeds 26,000 pounds.
“Truck route” and “Supporting Truck Route” is a way over certain streets, as designated in this chapter, over and along which trucks coming into and going out of the city must operate. (Ord. 17-19 § 5, 2017)
6. Amendment 2. The City Council amends section 10.64.040 to read:
10.64.040 Truck route established. A. The city council establishes the following truck routes:
1. State Route 28 from 19th St. N.ENE to 3rd St. S.ESE.
2. Grant Rd. from SR 28 to Kentucky Ave.
B. Supporting truck route. A truck transporting agricultural commodities and entering or exiting the City from Badger Mountain Road may use the following route as part of the supporting truck route system to connect with the SR 28 designated truck route.
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1. Southbound on Eastmont Ave. from the North City Limits to 9th St. NE and then Westbound on 9th St. NE to the SR 28 Truck Route.
2. From SR 28, Eastbound on 9th St. NE to Eastmont Ave. then Northbound on Eastmont Ave. to the North City Limits.
C. A truck entering the city for a destination point outside the city may only operate over and along a route designated in this section. (Ord. 17-19 § 5, 2017)
7. Amendment 3. The City Council amends section 10.64.100 to read:
10.64.100 Violation – Penalty. Violation of or failure to comply with any of the penal any provisions of this chapter is a traffic infraction punishable by a fine not to exceed $200.00.
8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance.
9. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website.
10. Effective Date. This Ordinance becomes effective five days after publication.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this __________ day of ______________________________, 2018.
The City of East Wenatchee, Washington
By _________________________________
Steven C. Lacy, Mayor
Authenticated:
_____________________________________
Maria Holman, City Clerk
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Approved as to form only:
_____________________________________
Devin Poulson, City Attorney
Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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City of East Wenatchee Ordinance 2018-12 Page 1 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
Summary of City of East Wenatchee, Washington Ordinance No. 2018-12
On the _____ day of _______________________________, 2018, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2018-12, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending sections 10.64.010, 10.64.040, and 10.64.100 of the East Wenatchee Municipal Code establishing a supporting truck route to supplement the truck routes established by Ordinance 2017-19.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this ______ day of ___________________________, 2018.
_____________________________ Maria Holman, City Clerk
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State Route 28Kentucky Ave.Grant Rd.
19th St. N.E.
3rd St. S.E.Eastmont Ave.9th St. N.E.
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.
City of East Wenatchee Truck Routes
0 0.5 10.25 Miles.Legend
City Limits
Truck Route
Supporting Truck Route
City Streets
Exhibit A08/14/2018 Council Meeting Agenda Packet Page 69 of 244
CITY OF EAST WENATCHEE COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Lori Barnett, Community Development Director
Subject: Ordinance 2018-13 Interim Development Regulations for Wireless
Telecommunications Facilities
Date: August 14, 2018
I. Summary Title: An Ordinance of the City of East Wenatchee adopting interim regulations amending section 17.42.020 and chapter 17.70 of the East Wenatchee Municipal regulating the acceptance of applications for use permits, wireless telecommunications facility permits, building permits, right of way use authorizations and franchises for wireless communication facilities within the City, to be
effective for a period of six months, declaring an emergency and
providing for severability.
II. Background/History: The Telecommunications Act of 1996 was
adopted by Congress placing limitations on local governments
regarding regulation of wireless telecommunications facilities (WCF)
to ensure that adequate locations would be available for siting such facilities.
The City adopted Ordinance 2002-22 on November 12, 2002 adding Chapter 17.70 to the East Wenatchee Municipal Code (EWMC) establishing standards for wireless telecommunication facilities.
Over the past few years, changes to federal laws, court cases and development of new technology has increased the demand for and
complexity of siting wireless facilities.
To provide the City time for a thorough review of codes, the City
Council adopted a six-month moratorium on January 10, 2017
prohibiting the acceptance of applications for WCF permits. On February 28, 2017, the City Council adopted Ordinance 2017-05, repealing and replacing the earlier moratorium so that it would only apply to applications for new facilities. This would allow existing facilities to be upgraded. The moratorium was extended again on September 14, 2017 and then again on February 27, 2018.
Since the enactment of the moratorium, the Planning Commission has
had a presentation from Verizon and held a total of 5 workshops on
08/14/2018 Council Meeting Agenda Packet Page 70 of 244
the topic.
At their June 19, 2018 meeting there were issues raised by industry representative regarding the proposed final draft of regulations with regards to expanding the allowance for siting WCF in all residential
zoning districts and all commercial zoning districts.
To address those issues, the Planning Commission directed staff to
amend the existing WCF chapter to include some of the provisions of
the final draft as an interim regulation and continue the process of working on the code.
The Planning Commission held a public hearing on August 8, 2018 to review and consider the Interim Regulations contained in Ordinance 2018-13. The Planning Commission unanimously voted to recommend approval of the regulations.
III. Recommended Action:
• Motion to elevate to second reading.
• Motion to approve Ordinance 2018-13.
IV. Exhibits:
Ordinance 2018-13 and Exhibits A-C
Staff Report without exhibits
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required $0 $0 $0
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City of East Wenatchee Ordinance 2018-13 Page 1 of 6
City of East Wenatchee, Washington
Ordinance No. 2018-13
An Ordinance of the City of East Wenatchee adopting interim regulations amending section 17.42.020 and chapter 17.70 of the East Wenatchee Municipal regulating the acceptance of applications for use permits, wireless telecommunications facility permits, building permits, right of way use authorizations and franchises for wireless communication facilities within the City, to be effective for a period of six months, declaring an emergency and providing for severability.
Una Ordenanza de la Ciudad de East Wenatchee adoptando regulaciones provisionales que enmiendan la sección 17.42.020 y el capítulo 17.70 del East Wenatchee Municipal regulando la aceptación de solicitudes de permisos de uso, permisos de instalaciones de telecomunicaciones inalámbricas, permisos de construcción, autorizaciones de uso de derecho de vía y franquicias para acceso inalámbrico instalaciones de comunicación dentro de la Ciudad, que serán efectivas por un período de seis meses, declarando una emergencia y previendo la separación.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington.
2.2. The Telecommunications Act of 1996 (Public Law No. 104-104, 110 Stat. 56, 31-136 (the "Act"), was designed to remove regulatory barriers and encourage competition among all types of communications companies.
2.3. The Act ratified the authority of local government to regulate the construction and modification of wireless communications service facilities, but also limits local governments' authority in certain respects.
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City of East Wenatchee Ordinance 2018-13 Page 2 of 6
2.4. The City, on November 12, 2002 through the adoption of Ordinance No. 2002-22, added Chapter 17.70 of the East Wenatchee Municipal Code (“EWMC”) establishing zoning standards applicable to wireless communication facilities.
2.5. In 2012, Congress passed the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (Public Law No. 112-96; codified at 47 U.S.C. § 1455(a)), which in part, amended the Act.
2.6. Recent changes to federal laws, regulations and court cases related to wireless communication services as well as technological developments and changes in consumer demand and usage have reshaped the wireless industry and increased the demand for and complexity of siting wireless facilities within the City.
2.7. A comprehensive review of City’s telecommunications standards has not occurred since 2002. The City Council has determined that the EWMC currently lacks adequate provisions to regulate wireless communication facilities within the City in compliance with current federal laws and technologies.
2.8. The City needs to review its codes and ordinances related to wireless communications facilities and right of way use permits in a comprehensive manner to determine if amendments are necessary to more adequately address the siting and permitting process for such facilities.
2.9. On January 10, 2017, the City Council adopted Ordinance 2017-03 enacting a six-month moratorium on the acceptance of applications for use permits, wireless telecommunications facility permits, building permits, right of way use authorizations and franchises for wireless communication facilities within the City to allow time for this review.
2.10. On February 28, 2017, the City Council adopted Ordinance 2017-05, repealing and replacing the earlier moratorium so that it would only apply to applications for new facilities to allow existing facilities to be upgraded, if needed, during the moratorium.
2.11. On September 12, 2017, the City Council adopted Ordinance 2017-16 extending the moratorium for an additional six-month period.
2.12. On February 27, 2018, the City Council adopted Ordinance 2018-04 extending the moratorium for an additional six-month period.
2.13. The Planning Commission has held five study sessions to work on draft amendments to the regulations for wireless telecommunications facilities. At the June 19, 2018 study session, concern was expressed that the final draft
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City of East Wenatchee Ordinance 2018-13 Page 3 of 6
did not adequately address facilities in all commercial and residential zoning districts. It was recommended that the existing code by amended on an interim basis to address several outstanding issues and specifically small cell facilities, stealth design, and allowing WCF in the Commercial Low Density Zoning District. With the interim regulations in place, the moratorium could be lifted.
2.14. The City Council finds that it is in the best interests of the City and its citizens to impose interim official zoning controls for a period of six months to provide more time to determine the best alternatives for siting WCF within the community.
2.15. In accordance with WAC 197-11-880, the adoption of this ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act.
2.16. A duly advertised public hearing was held by the Planning Commission on August 7, 2018. It is the recommendation of the Planning Commission that the interim regulations be adopted.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
3.2. RCW 35A.63.220 and RCW 36.70A.390, authorize the City Council to establish a moratorium.
4. Purpose. The purpose of this interim official zoning control is to allow the City adequate time to comprehensively review and amend its regulations. To promote and protect the public health, safety and welfare, preserve the aesthetic character of the East Wenatchee community, adequately address infrastructure planning, and to reasonably regulate the siting of wireless communications facilities in a manner that addresses the Telecommunications Act of 1996, the Spectrum Act, other recently adopted FCC rules, changes in technology, local concerns and efforts to provide the public with access to wireless services for its safety, convenience and productivity.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Interim Official Zoning Controls. The City Council hereby enacts interim official zoning controls for a six-month period to preserve the status quo so that new regulations will not be rendered moot by intervening development.
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City of East Wenatchee Ordinance 2018-13 Page 4 of 6
6. Amendment 1. The City Council amends section 17.42.020 of the East Wenatchee
Municipal Code as set forth in Exhibit A to this Ordinance.
7. Amendment 2. The City Council amends chapter 17.70 of the East Wenatchee Municipal
Code as set forth in Exhibit B to this Ordinance.
8. Public hearing. The City Council shall hold a duly advertised public hearing on August 28, 2018.
9. Findings of Fact. The City Council adopts the Recitals stated above as well as the findings
of fact and conclusion of law as set forth in Exhibit C to this Ordinance. The Council may adopt additional findings in the event that additional public hearings are held or evidence is presented to the City Council.
10. Duration/Renewal. The interim regulations imposed by the Ordinance shall be effect for a period of six months from the date this ordinance is passed and shall automatically expire at the conclusion of that six-month period unless extended as provided for in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the City Council. To remain in effect, however, the City Council must hold a public hearing regarding this Ordinance within 60 days of adoption.
11. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance.
12. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website.
13. Effective Date. This Ordinance, as a public emergency ordinance necessary for the protection of the public health, public safety, public property, or public peace, shall take effect and be in full force immediately upon its adoption. The underlying facts necessary to support this emergency declaration are included in the Recitals clauses above.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this __________ day of _____________________________, 2018
The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor
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City of East Wenatchee Ordinance 2018-13 Page 5 of 6
Authenticated: _____________________________________ Maria Holman, City Clerk Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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City of East Wenatchee Ordinance 2018-13 Page 6 of 6
Summary of Ordinance No. 2018-13
Of the City of East Wenatchee, Washington
.
On the __________ day of ____________________________________, 2018, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2018-13, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee adopting interim regulations amending section 17.42.020 and chapter 17.70 of the East Wenatchee Municipal regulating the acceptance of applications for use permits, wireless telecommunications facility permits, building permits, right of way use authorizations and franchises for wireless communication facilities within the City, to be effective for a period of six months, declaring an emergency and providing for severability.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this __________ day of ________________________________, 2018.
_____________________________ Maria Holman, City Clerk
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Exhibit A
Amendment 1. The City Council amends Section 17.42.020 of the East Wenatchee Municipal Code to read as follows.
17.43.020 Permitted uses. Hereafter all buildings, structures or parcels of land shall only be used for the following, unless otherwise provided for in this title:
A. Arcades for games; B. Art, music and photography studios; C. Automobile parking facilities; D. Automobile sales and leasing, new and/or used, including light pickup trucks and vans but not including recreational vehicles or heavy trucks, provided the
following requirements are met: 1. The business shall be located on an arterial; 2. No repairing, painting or body work shall be conducted outside of a building and no parts storage or inoperable vehicles may be stored outside of a building;
3. If abutting a residential zone, a Type 1 screening shall be required meeting the requirements of EWMC 17.72.080(A) along all property lines abutting a residential zoning district; 4. A minimum of a 25-foot setback shall be required of any building abutting any residential zone;
5. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-L uses in the vicinity; and 6. Vehicle storage may not occupy more than 60 percent of the site that is not covered by structures; E. Automobile service stations, provided they are located at the intersection of two
streets, one of which must be an arterial; F. Bakery and pastry shops; products made must be sold at retail on premises; G. Banking and related financial institutions, including drive-in facilities; H. Bowling alleys; I. Brew pubs;
J. Child day care facilities, including Group 1 and 2 child day care centers and family day care homes; K. Civic, social and fraternal clubs; L. Dance studio; M. Delicatessens;
N. Dry cleaning and laundry services; O. Funeral homes; P. Government facilities; Q. Grocery stores; R. Hobby shops;
S. Hospitals and medical and dental clinics; T. Hotels; U. Household goods mini-storage, provided the following requirements are met:
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1. No more than two main entrances and/or exits to the building and access to the individual storage areas shall be from the inside of the building;
2. Landscaping and architectural improvements required to ensure compatibility with present and potential C-L uses in the vicinity; V. Laundry, self-service; W. Massage parlors; X. Meeting rooms and/or reception facilities;
Y. Motels; Z. Nursing home, or assisted living facility; AA. Personal service shops; BB. Pharmacies; CC. Printing and publishing;
DD. Professional offices; EE. Radio and television broadcasting studios; FF. Residential structures, existing. Existing residential structures, legally established before the effective date of this zoning district, are permitted to continue as a place of habitation; provided, if the structure housing the residential use obtains
an occupancy permit for any other use established in this section, the residential status protected under this provision is revoked; GG. Retail stores and shops, including department and variety stores; HH. Religious institutions; II. Restaurant, including outdoor seating and drive-in facilities. Sale of alcoholic
beverages is a secondary use and is limited to on-premises consumption; JJ. Schools – commercial, including art, business, barber, beauty, dancing, martial arts and music; KK. Secretarial services; LL. Theaters, except drive-in;
MM. Veterinary services and clinics for small animals; no outside runs or kennels are permitted. NN. Wireless communication facilities.
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Exhibit B
Amendment 2. The City Council amends chapter 17.70 of the East Wenatchee Municipal Code to read as follows.
Chapter 17.70 WIRELESS COMMUNICATIONS FACILITIES (WCF)
Sections:
17.70.010 Purpose. 17.70.020 Relationship to other ordinances. 17.70.030 Definitions. 17.70.040 Permits and exemptions. 17.70.050 Application materials.
17.70.060 General development standards for all WCF, broadcast and relay towers, and satellite dishes. 17.70.070 Large satellite dish antenna(s) – Development standards. 17.70.080 Broadcast and relay towers – Development standards. 17.70.085 Collocation of Antennas, Distributed Antenna Systems and Small Cells
17.70.087 Distributed Antenna Systems (DAS) and Small Cells. 17.70.090 Wireless communications facilities – Development standards. 17.70.100 General siting criteria. 17.70.110 Abandonment. 17.70.120 Fees – Wireless communications permit fees.
17.70.130 Independent Technical Review 17.70.140 Exception from Standards 17.70.150 Eligible Facilities Modifications 17.70.160 Indemnification
17.70.010 Purpose.
The purpose of this chapter is to establish development regulations for the siting of wireless communications facilities (WCF) and to assure that the siting of WCF is accomplished in a manner that will protect the public health, safety, and welfare of the citizens of the city of East Wenatchee by promoting the goals of this chapter. The goals
of this chapter are to:
A. Provide a range of locations in a variety of zones and options for siting;
B. Provide clear performance standards for addressing the siting of WCF;
C. Encourage location of WCF on existing structures, including utility poles, signs, water towers, buildings and on other WCF where feasible;
D. Encourage co-locationcollocation and site sharing of new and existing WCF;
E. Facilitate the use of public property and structures for siting of WCF;
F. Streamline and expedite permitting procedures in accordance with the intent of state and federal law;
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G. Enhance the ability of providers of personal communications services to provide such service quickly, effectively and efficiently;
H. Require adherence to state and federal environmental laws;
I. Ensure air traffic safety for local aviation users, and the general public.
J. To implement Section 6409 of the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. Section 1455(a)) which requires the city to approve any eligible facilities request for a modification of an
existing tower or base station that does not substantially change the physical dimensions of such tower or base station.
K. To implement the FCC rules set forth at 47 C.F.R. Part 1 (Part 1 – Practice and Procedure), new Subpart CC Section 1.40001 (Wireless Facility Modifications), which rules implement Section 6409 of the Spectrum Act.
I.L. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.020 Relationship to other ordinances. A. Where allowed by law, this chapter shall supersede all conflicting requirements of other codes and ordinances regarding location and permitting of WCF, except shorelines, environmental regulations and specific franchises.
B. Franchise. Nothing in this chapter is intended to provide for a franchise, license or permit for the installation of wireless communications facilities within the public rights-of-way. Franchise agreements remain the discretion of the East Wenatchee city council. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.030 Definitions.
A. “Antenna(s)” or “antenna array” means any system of electromagnetically tuned wires, poles, rods, panels, discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, includes but is not limited to radio antennas, television antennas, satellite dish antennas, and cellular antennas, which includes, but is not limited to the facilities listed below. The
antenna array does not include the support structure (defined in subsection N GG of this section).
1. Whip antenna(s): An omni-directional antenna, which transmits and receives radio frequency signals in a 360-degree radial pattern, typically four inches or less in diameter. “Omni-directional (or “whip”) antennas” which transmit and
receive radio frequency signals in a 360-degree radial pattern. For the purpose of this chapter, omni-directional antennas are up to 15 feet in height and up to six inches in diameter;
2. Panel antenna(s): A directional antenna which transmits and receives radio frequency signals in a specific directional pattern, typically of up to 120 degrees.
These antennas are generally narrow (i.e., less than eight inches wide) and rectangular in shape. “Directional (or “panel”) antennas” which transmit and receive radio frequency signals in a specific directional pattern of less than 360 degrees; and
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3. Parabolic (or dish) antenna(s): A bowl-shaped device for the reception and/or transmission of communications signals in a narrow and specific direction.
“Parabolic (or “dish”) antennas” which are bowl-shaped devices for the reception and/or transmission of communications signals in a specific directional pattern.
4. Tubular antenna(s): A hollow tube typically 26 inches, or less, in diameter containing either omni-directional or directional antennas, depending on the specific site requirement. Tubular antennas are often used as a means to
mitigate the appearance of antennas on top of light standards and power poles.
3.5. Ancillary antenna(s): An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.
4.B. “Antenna Array” means a single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.
B.C. “Attached WCF” shall mean an antenna that is attached to an existing building or
structure (attachment structure) which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna to the existing building or structures and associated connection cables and an equipment facility which may be located either inside or outside of the attachment structure. An attachment structure shall not
include an existing or proposed WCF.
D. “Base Station” means a structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small cell networks).
3. The term includes any structure other than a tower that, at the time the relevant application is filed with the City under this section, supports or houses equipment
described in this section that has been reviewed and approved under the applicable zoning or siting process, or under Washington or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
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4. The term does not include any structure that, at the time the relevant application is filed with Washington or the City under this section, does not support or house
equipment described in this section.
C.E. “Broadcast or relay tower” shall mean a freestanding support structure, attached antenna(s), and related equipment intended for transmitting, receiving or re-transmitting commercial radio, television, telephone, cellular, or other communications services. This includes, but is not limited to, lattice towers, guy
towers, and monopoles.
F. “Camouflaged” means a WCF that is designed to blend into the surrounding environment through the use of shape, color and texture to cause an object to visually appear to become a part of something else. Examples of camouflaged facilities may include architecturally screened roof-mounted antennas, building-
mounted antennas painted to match the existing structure, towers made to look like trees, and antenna support structures designed to look like flagpoles or light poles.
G. “Carrier on Wheels or Cell on Wheels” or “COW” means a portable self-contained WCF that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a
telescoping boom as the antenna support structure.
H. “Cellular communications facility” shall mean any unstaffed facility for the transmission of radio frequency signals and includes antennas, equipment shelters, and other equipment necessary to provide wireless transmission and reception utilizing cellular technology for various wireless communication systems including
cellular phones, personal communication systems (PCS), paging, and similar systems.
D.I. “Cell site” means a tract or parcel of land or building that contains the WCF including any antenna, antenna support structure, accessory buildings, access driveway and associated parking, and may include other uses associated with and
ancillary to wireless services.
J. “Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. “Co-locationCollocation/site sharing” shall mean use of a common WCF or common site by two or more wireless
license holders, or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned and operated by a utility or other public entity.
K. “Commission” means the Federal Communications Commission (“FCC”).
E.L. ”Concealment” means fully hidden from view. For example, a WCF is concealed
when it is completely hidden or contained within a structure, such as a building, wall, roof or pole.
M. “Distributed Antenna System” or “DAS” means a network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.
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N. “Eligible Facilities Request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such
tower or base station, involving:
1. Collocation of new transmission equipment;
2. Removal of transmission equipment; or
3. Replacement of transmission equipment.
F.O. “Equipment structure or enclosure”: means a facility, shelter, cabinet or vault
used to house and protect electronic or other associated equipment necessary for processing wireless communications signals. “Associated equipment” may include, for example, air conditioning, backup power supplies and emergency generators. “Equipment facility/shelter” shall mean any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a build-out of an existing
structure, pedestals and other similar structures.
P. “Eligible support structure” means any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City under this section.
Q. “FAA” means the Federal Aviation Administration.
G.R. “FCC” or “Federal Communications Commission” shall mean the federal administrative agency, or lawful successor, authorized to regulate and oversee communications carriers, services and providers on a national level.
S. “Macrocell” means a tower or an attached wireless communication facility which consists of antennas equal to or less than 15 feet in height or a parabolic antenna up
to one meter (39.37 inches) in diameter and with an area not more than 75 square feet in the aggregate as viewed from any one point.
H.T. “Microcell” shall mean a wireless communication facility consisting of an antenna that is either:
1. Four feet in height and with an area of not more than 580 square inches; or
2. If a tubular antenna, no more than four inches in diameter and no more than six feet in length.
U. “Nonresidential” or “nonresidential zone”: means all portions of the City (including rights-of-way adjacent thereto, measured to the centerline of the right-of-way) in an area not zoned residential as defined in this chapter.
I.V. “Personal wireless services” shall mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
J.W. “Personal wireless services facilities” shall mean facilities for the provision of personal wireless services.
K.X. “Reception window obstruction” shall mean a physical barrier which would block an electromagnetic signal.
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Y. “Residential property” means all portions of any property which contains a residence and all any vacant property which has been designated for residential use in an
approved mixed use project.
Z. “Residential zone” shall include the R-L, R-M, and R-H Zoning Districts and rights-of-way adjacent to each of the aforementioned zones, measured to the centerline of the right-of-way.
L.AA. “Satellite dish antenna(s)” shall mean a type of antenna(s) and supporting
structure consisting of a solid, open mesh, or bar configured reflective surface used to receive and/or transmit radio frequency communication signals. Such an apparatus is typically in the shape of a shallow dish, cone, horn, or cornucopia. There are generally two sizes of antennas:
1. “Large satellite dish” shall mean any satellite dish antenna(s) whose diameter is
greater than one meter in residential zones or two meters in industrial or commercial zones.
2. “Small satellite dish” shall mean any satellite dish antenna(s) whose diameter is less than or equal to one meter located in any zoning district or two meters within industrial or commercial zones.
BB. "Small cell facility" means a personal wireless services facility that meets both of the following qualifications:
1. Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of
no more than three cubic feet; and
2. Primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: Electric meter, concealment, telecomm demarcation box,
ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch.
CC. "Small cell network" means a collection of interrelated small cell facilities designed to deliver personal wireless services.
M.DD. “Stealth design or technology” means technology that minimizes the visual
impact of wireless communications facilities by camouflaging, disguising, screening, and/or blending into the surrounding environment. Examples of stealth design include but are not limited to facilities disguised as trees, flagpoles, bell towers, light poles, pole signs, sculpture, and architecturally screened roof-mounted antennas. means a wireless facility that mimics something in the surrounding landscape, such
as trees, flag poles, etc., and is unrecognized as a tower or antennas. The design is intended to be compatible with the environmental and cultural character of the surrounding area.
EE. “Street pole” means telephone, electric, or light pole located in a developed street right of way.
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FF.“Substantial Cchange” means a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site;
5. It would defeat the concealment elements of the eligible support structure; or
6. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (g)(i)-(g)(iv) of this section.
7. For purposes of this section, changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were
approved prior to the passage of the Spectrum Act. 47 CFR § 1.40001(b)(7)(i)(A).
N.GG. “Support structure” shall mean a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy wire support tower and other similar structures. Any device (attachment
device) which is used to attach an attached WCF to any existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.
O.HH. “Temporary wireless communication facility” shall mean a WCF to be placed in use for 90 or fewer days, is not deployed in a permanent manner, and does not have
a permanent foundation.
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P.II. “Tower, guyed” shall mean a tower that is supported, in whole or in part, by wires and ground anchors.
Q.JJ. “Tower, lattice” shall mean a type of tower that is self-supporting with multiple legs and cross bracing of structural metal.
R.KK. “Tower, monopole” shall mean a type of tower mount that is self-supporting through a single shaft usually constructed of wood, metal or concrete.
S.LL. “Tower or wireless communications tower” shall mean any structure built for the
sole or primary purpose of supporting any Commission-licensed, Commission-authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to private, broadcast, and public safety services, as well as fixed wireless services such as microwave backhaul, and the associated site. any built structure, including
any guy wires and anchors, constructed for the purpose of support of antennas or antenna or to serve as an antenna. This includes, but is not limited to, lattice towers, guy towers, monopoles and attached antennas.
MM. “Tower Height” means the vertical distance measured from the base of the tower structure at grade to the highest point of the structure including the antenna.
T.NN. “Wireless communication facility (WCF)” shall mean any unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communication. A wireless communication facility provides services which include cellular telephone, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, other mobile radio
services, and any other service provided by wireless common carriers licensed by the Federal Communications Commission (FCC). A wireless communication facility may be attached to an existing structure or a freestanding tower. A wireless communication facility consists of antenna(s) and related equipment and may include an equipment enclosure, screening, or a support structure. (Ord. 10-03 § 3
(Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.040 Permits and exemptions. A. Permits Required. Unless otherwise provided herein, it is unlawful for a person or individual, company, corporation or association or any other entity to construct, alter, transform, or add to a wireless communication facility (WCF) without first obtaining a
permit in compliance with the provisions of this chapter. A WCF permit shall not be valid at any address or property other than the one appearing on the permit.
1. Building Permits. A building permit (Type IB or IIA) is required for all wireless communications facilities unless specifically exempted under subsection B of this section, Exemptions.
2. Wireless Communications Facility Permits. A communications facility permit (Type IIA) is required for all wireless communications facilities, except for wireless communication facilities which co-locate on an existing broadcast and relay tower, where adequate provisions for antennas and ground-mounted equipment exist. In such case only a building permit shall be required. All information listed in EWMC
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17.70.050(A) through (H) shall be submitted along with a completed wireless communications facility permit application form.
3. Combined Review. Communication facilities regulated under this chapter which are proposed in conjunction with a site plan approval application for industrial, commercial or residential development shall not be required to obtain separate building permit approval or separate communications facility permit approval. However, communications facilities will be reviewed according to the same criteria
outlined in this section and all information required in EWMC 17.70.050(A) through (H) shall be submitted with the application for the associated land use permit.
4. Expiration. A WCF permit shall expire at the end of two years or where lack of construction and lack of operation for said facility indicate no measurable progress on the permitted project.
B. Exemptions. The following antenna(s) shall be exempt from this chapter:
1. Small satellite dish antenna(s).
2. VHF and UHF receive-only television antenna(s) designed to receive television broadcast signals with a maximum height of 15 feet above the highest peak of an existing or proposed roof.
3. Low-powered networked communications facilities such as microcell radio transceivers located on existing utility poles and light standards within the public right-of-way. “Low-powered” refers to those facilities with maximum transmitter peak output power that does not exceed one watt and is less than 14 inches by 16 inches by eight inches with an antenna no greater than 30 inches in height above the
highest part of the existing pole or light standard.
4. Normal, routine, and emergency maintenance and repair of existing wireless communications facilities and related equipment which does not alter the location of the facility, increase the height, size, footprint, or bulk of such facilities and which otherwise complies with city, state and federal law and regulations.
5. Military, federal, state and local government communication towers and radar systems used for navigational purposes, emergency preparedness, and public safety purposes.
6. Amateur radio services and facilities owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas. To
reasonably accommodate licensed amateur radio operators as required by Federal Code of Regulations, 47 CFR Part 97, as amended, and Order and Opinion PRB I of the Federal Communications Commission of September 1985, and RCW 32.51A.260, a licensed amateur radio operator may locate a tower in any zoning district without first obtaining any permits from the city, provided the following
requirements are met:
a. The tower shall not exceed a height of 70 feet;
b. The tower and any antennas located thereon shall not have any lights of any kind on it and shall not be illuminated either directly or indirectly by any artificial means;
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c. The color of the tower and any antennas located thereon must all be the same and such that it blends into the sky, to the extent allowed under requirements set
forth by the Federal Aviation Administration;
d. No commercial advertising, logo, trademark, figurine or other similar marking or lettering shall be placed on the tower;
e. The tower shall be located a distance equal to or greater than its height from any existing residential structure located on adjacent parcels of property,
including any attached accessory structures;
f. A tower must be at least three-quarters of its height from any property line on the parcel of property on which it is located, unless a licensed engineer certifies that the tower will not collapse or that it is designed in such a way that in the event of collapse it falls within itself, and in that event, it must be located at least
one-third of its height from any property line;
g. No signs shall be used in conjunction with the tower, except for one sign not larger than 144 square inches in area and as required by federal regulations;
h. Towers shall not be leased or rented to commercial users, and shall not otherwise be used for commercial purposes; and
i. All towers must meet all applicable state and federal statutes, rules and regulations.
7. Emergency communications equipment during a declared public emergency when the equipment is owned and operated by an appropriate public entity.
8. Any wireless Internet facility that is owned and operated by a government entity.
9. Antennas and related equipment no more than three feet in height that are being stored, shipped or displayed for sale.
10. A temporary, commercial WCF, for the purposes of providing coverage of a special event such as news coverage or sporting event. All such facilities must comply with all federal and state requirements. Such facilities shall be removed
within seven days after the end of the event.
C. Summary of Required Permits.
1. All WCF permits require site plan review and approval pursuant to Chapter 17.80 EWMC.
2. A building permit only is required for the following WCF (Type IB or IIA):
a. Industrial, scientific and medical equipment using frequencies regulated by the Federal Communications Commission.
b. Wireless communication facilities which co-locate on an existing broadcast and relay tower, where adequate provisions for antennas and ground-mounted equipment exist.
c. Temporary WCF for a term not to exceed 90 days, with a possible 90-day extension, with approval from the building official. The use of temporary wireless communication facilities such as a cell on wheels (COW) or an antenna on a
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bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a wireless communication facility. Such
temporary facility may only be utilized on a short-term basis for the purpose of evaluating the technical feasibility of a particular location for placement of a wireless communication facility or for providing communications during an emergency.
3. Building permit and WCF permit (Type IB or IIA) is required for all WCF not listed
in subsection (C)(2) of this section. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.050 Application materials. In addition to the requirements of EWMC Title 19, the submittal of a completed building permit application form and/or a wireless communications permit application, the
applicant shall supply the following information at the time of application for a WCF; except, that applicants for temporary WCF permits need only submit a building permit application and subsections A through D of this section and large satellite dish antenna applicants shall submit a building permit application and subsections A through D and G of this section.
A. If the applicant is not the owner of the property, the property owner shall sign an Ownership Certificate demonstrating that they are granting approval to the applicant to obtain the necessary permit(s). a copy of the preliminary lease agreement is required to be provided with the application. A copy of the final agreement shall be submitted prior to issuance of a building permit for the structure.
B. Proof of adequate financial insurance and a legal instrument crafted to indemnify and hold harmless the city of East Wenatchee in the event of tower failure or other catastrophic event associated with WCF shall be required.
C. A vicinity map showing the location of the proposal and the properties within one-half mile of the subject property (said map shall be no larger than 11 by 17 inches).
D. A full site plan shall be required for all wireless communications facilities, showing the location, the specific placement of all structures including the tower/antenna on the site, the type and height of the proposed tower/antenna, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of
existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. Site plans may be submitted on paper larger than 11 by 17 inches, provided an 11-by-17-inch set must accompany the larger plans.
E. A color visual analysis that includes a to-scale photo simulation of the proposed
facility that shows unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view. Color photo simulations showing the proposed site with a photo-realistic representation of the proposed wireless communications facilities including any proposed tower or antenna as it would appear viewed from the closest property and
from adjacent roadways.
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F. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can
accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
1. No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
4. The applicant’s proposed antenna would cause electromagnetic interference with
the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing
are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
G. Written technical evidence and statement from an engineer(s) that the:
1. Tower is capable of supporting additional wireless communications facilities comparable in weight, size, and surface area to the communications facilities installed by the applicant on the proposed tower; and
2. Construction and placement of the proposed tower and wireless communications facilities will not interfere with licensed public safety communications and the usual
and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties.
H. A written statement by the applicant stating that the tower:
1. And wireless communications facilities will comply with all FAA regulations and
EIA standards and all other applicable federal, state and local laws and regulations; and
2. Will accommodate co-locationcollocation of additional antennas for future users. If accommodation of future co-locationcollocation is not proposed, information must be submitted with the application detailing why future co-locationcollocation is not
possible.
I. At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall communications network within the city. This shall include a service area
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coverage chart for the proposed tower and communications facilities that depicts the extent of coverage and corresponding signal quality at the proposed tower height.
J. Copies of any environmental documents required by any federal agency, if available. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
K. A completed SEPA checklist shall be submitted with all applications not categorically exempt under RCW 43.21C.384, as amended. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.060 General development standards for all WCF, broadcast and relay towers, Small Cell and DAS, and satellite dishes.
The development standards in this section address setback and other site-specific location factors. For purposes of determining whether installation of a WCF complies with the development standards in this chapter, the dimensions of the entire lot shall control, unless the WCF is proposed to be located on a separately described leased parcel within such lot.
A. Principal or Accessory Use. WCF may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of a WCF on such lot.
B. Building Code. To ensure the structural integrity of WCF, wireless communications facilities shall be designed and certified by an engineer to be structurally sound and, at
a minimum, be constructed in conformance with the building code and any other standards set forth in this section.
C. Legal Access. All WCF proposed to locate and operate within the city must possess and provide proof of legal access onto a publicly owned street as a condition of approval.
D. Landscaping. All landscaping on a parcel of land containing a wireless communications facility shall be in accordance with the applicable landscaping requirements for the zoning district where the wireless communications facility is located and Chapter 17.72 EWMC. Existing vegetation on the site of a wireless communications facility shall be preserved to the extent possible or supplemented to provide vegetative
screening. The Administrator may grant a waiver from the required landscaping based on findings that a different requirement would better serve the public interest.
E. Stealth Design. Applicants are encouraged to use “stealth” techniques in the design of wireless communications facilities. “Stealth” techniques relate to siting strategies and technological innovations designed to enhance compatibility with adjacent land uses by
designing structures to resemble other features in the surrounding environment. “Stealth” techniques include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to resemble light poles, power poles, flag poles, street standards, steeples, or trees, etc.
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1. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural
features.
2. Stealth design shall be designed and constructed to substantially conform to surrounding building designs or natural settings, so as to be visually unobtrusive.
3. Stealth design that relies on screening wireless communications facilities in order to reduce visual impact must screen all substantial portions of the facility from
view.
4. Stealth and concealment techniques do not include incorporating faux-tree designs of a tree species that is not native to the Pacific Northwest or North Central Washington.
F. Minimum Setbacks. Setback requirements for facilities subject to this chapter shall be
measured from the base of the structure or tower to all property lines of the parcel of land on which it is located.
1. Except as provided elsewhere in this chapter, facilities subject to this chapter shall not be located within any required front, side, or rear yard setback areas or within any easements not established for the placement of said WCF.
2. Additional setbacks for various facilities are specified in the development standards for each type of facility.
3. Attached WCF are exempt from the setback standards of this chapter. An attached WCF may extend up to five feet horizontally beyond the edge of the attachment structure so long as the attached WCF and all antennas maintains a
five-foot setback from the nearest property line of the adjoining parcel.
4. Support structures and equipment facilities shall, at a minimum, comply with the setback requirements for the underlying zone within which it is located; provided, that all such structures shall maintain a 25-foot setback from any property line adjacent to residentially zoned property and a minimum setback of 55 feet as
measured from the centerline of a public street.
5. A clear-view triangle shall be maintained at all intersecting public or private streets, driveways, and/or curb cuts for vision safety purposes based upon AASHTO Guidelines from “A Policy on Geometric Design of Highways and Streets,” 1990 Edition, as now exists or may be hereafter amended, which is hereby adopted by
this reference.
G. Minimum Lot Size. There shall be no minimum lot size requirement for WCF; provided, the lot proposed for the facility contains sufficient size and shape to accommodate the required setback provisions of this chapter.
H. Fencing. Any fencing required for security shall meet the general fencing
requirements of the city. No barbed wire fences, electrical fences, razor wire or concertina wire are permitted in any zone.
I. Illumination. Facilities subject to this chapter shall not be artificially lighted, except for:
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1. Security and safety lighting of equipment, buildings and support structure if such lighting is appropriately down-shielded to keep light within the boundaries of the site;
and
2. Any lighting of the WCF that may be required by the Federal Aviation Administration or other applicable authority shall be installed in such a manner to minimize impacts on adjacent residences. In instances when a strobe type light is required by the FAA, said strobe light shall be white with no more than a three-
second maximum allowable “off” phase.
J. No facility subject to this chapter shall be used in such a manner to support or display any outdoor signage or banners for any commercial or advertisement purposes.
K. WCFs in the public rights-of-way.
1. Preferred locations. Facilities shall be located as far from residential uses as
feasible, and on streets classified as collector or arterial to the extent feasible. Facilities in the rights-of-way shall maintain at least a 200 foot separation from other wireless facilities, except when collocated or on opposite sides of the same street. DAS or Small Cell facilities are exempt from this separation requirement.
2. Pole-mounted or tower-mounted equipment. All pole-mounted and tower-
mounted transmission equipment shall be mounted as close as possible to the pole or tower to reduce the overall visual profile to the maximum extent feasible. All pole-mounted and tower-mounted transmission equipment shall be painted with flat, non-reflective colors that blend with the visual environment.
3. Prior to submitting for a building permit, all applicants for WCFs proposed to be
located within the right-of-way must have a valid municipal master permit, municipal franchise, or exemption otherwise granted by applicable law, to the extent consistent with RCW 35.21.860
L. Towers shall maintain a minimum spacing of one-half mile, unless it can be demonstrated that physical limitations (such as topography, terrain, tree cover or
location of buildings) in the immediate service area prohibit adequate service by the existing facilities or that collocation is not feasible.
M. Aviation Review Standards. Proposed telecommunication devices, structures or objects shall be reviewed to ensure they do not penetrate any of the airspace surfaces on or near a public or private general aviation facility. Any telecommunication device,
structure or object that is determined to penetrate or otherwise obstruct airspace surfaces shall be denied by the review authority. Special attention shall be given to the following:
1. Approach Surface. Land lying beneath the approach surface which extends outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from
the runway end.
2. Transitional Surface. The transitional surface begins at the runway end and on either side of the runway surface and slopes upward and outward at a seven to one slope meeting the horizontal surface at 150 feet above the elevation of the airport.
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3. Horizontal Surface. The horizontal surface begins by swinging arcs of 5,000 feet from the center end of the runway surface creating an elongated oval above the
runway. The height of the horizontal surface is 150 feet above the elevation of the airport.
4. Conical Surface. The conical surface begins at the edge of the horizontal surface and extends upward and outward for a distance of 4,000 feet at a slope of 20 to one with an initial elevation of 150 feet above the airport elevation.
5. Pangborn Airport. The delineation of the airspace surfaces described above are generally depicted on the Pangborn Airport overlay parcels exhibit map (Figure 17.70.060(M)) and Douglas County Code Chapter 18.65, as the same now exists or may hereafter be amended, that is adopted herein by reference as if fully set forth.
LN. Federal Requirements. All wireless communications facilities shall meet or exceed
the standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owner of any telecommunication facility governed by this chapter shall bring such facility into compliance with such revised standards and regulations with six
months of the effective date of standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the facility at the owner’s expense.
Pangborn Airport Overlay Parcels Exhibit Map.
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(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.070 Large satellite dish antenna(s) – Development standards.
A. Standards for All Zoning Districts. The following standards shall be applied to all proposed large satellite dish antenna(s):
1. Mountings and satellite dishes should be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window.
2. To the extent technically feasible, specific paint colors may be required to allow
the large satellite dish and mounting structures to blend better with their setting.
3. Screening of all large satellite dish antenna(s) shall be provided with one or a combination of the following methods: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) as much as practicable from
any street and from the yards and main floor living areas of residential properties
within approximately 500 feet. Screening may be located anywhere between the antenna(s) and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in healthy condition.
4. Construction plans and final construction of the mounting bases of all large
satellite dish antenna(s) shall be approved by the city building department.
5. Aluminum mesh dishes should be used whenever possible instead of a solid fiberglass type.
B. Additional Standards in Residential Zones – Large Satellite Dish Antenna(s).
1. Only one large dish satellite antenna shall be allowed on each property.
2. Large satellite dish antenna(s) shall not be mounted on roofs.
3. Large satellite dish antenna(s) shall not exceed 12 feet in diameter and 15 feet in height, including their bases.
4. A solid visual screen (90 percent solid or more) using a combination fencing, walls, or landscaping shall be provided as high as the center of the dish when
viewed from off the site. Above the center of the dish, the screening should be 50
percent solid or more to the top of the antenna(s) when viewed from off the site. Evergreen plants shall be used to accomplish year-round screening, and shall be large enough at installation to meet appropriate screening standards.
C. Additional Standards in Nonresidential Zones – Large Satellite Dish Antenna(s).
Antenna(s) may be either roof-mounted or ground-mounted.
1. Ground-Mounted.
a. Ground-mounted antenna(s) shall not exceed the height requirements of the district within which they are located.
b. From the time of installation, ground-mounted antenna(s) shall be solidly
screened (90 percent or more) using a combination fencing, walls, or
landscaping as high as the center of the dish when viewed from off the site. Solid screening shall be provided as high as the dish if the proposed location abuts an adjoining residential zone.
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2. Roof-Mounted.
a. Shall not exceed the height requirements of the district within which they are
located. Height shall be measured from the average grade of the structure to the highest point of the antenna.
b. Should be placed as close to the center of the roof as possible. If the dish is still visible from any point within approximately 500 feet as viewed from ground level, additional screening shall be required to supplement the screening
provided by the roof itself. If the dish is not visible from 500 feet or less, no additional screening will be necessary.
c. Shall be solidly screened at least as high as the center of the dish. The screening shall be of a material and design compatible with the building, and can include penthouse screening, parapet walls, or other similar screening.
d. Shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.080 Broadcast and relay towers – Development standards. A. Development Standards for All Zoning Districts.
1. The applicant shall demonstrate that the proposed location was selected pursuant to the siting criteria of EWMC 17.70.100. Placement of a broadcast and relay tower shall be denied if an alternative placement of the antenna(s) on a building or other existing structure can accommodate the communications needs. Applications shall be required to provide documentation that reasonable efforts to identify alternative
locations were made.
2. Owners and operators of a proposed broadcast and relay tower shall provide information regarding the opportunity for the co-locationcollocation of other antenna(s) and related equipment. If feasible, provision for future co-locationcollocation may be required.
3. Broadcast and relay towers shall be set back from each lot line at least 100 percent of the height of the proposed tower. This setback may be reduced to 50 percent of the height of the proposed tower if said tower is located more than 100 feet from a public street and the applicant submits an engineering report certifying that the tower is designed to collapse upon failure and would fall within the distance
between the proposed tower and the property line of the property line upon which it is located. Said report shall be prepared by a professional engineer registered in the state of Washington.
4. Extensions, antennas, and arms attached to broadcast and relay towers and/or antennas shall not exceed eight feet in length horizontally as measured from the
center diameter of the tower.
5. The base of a ground-mounted broadcast and relay tower shall be screened with fencing, walls, landscaping, or other means such that the view of the antenna(s) base is blocked as much as practicable from any street and from the yards and main living floor areas of surrounding residentially zoned properties. The screening
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may be located anywhere between the antenna(s) and the above-mentioned viewpoints. Landscaping that qualifies for the purpose of screening shall be
maintained in a healthy condition. The perimeter of a broadcast and relay tower and any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in height.
6. To the extent technically feasible and in compliance with safety regulations, the broadcast and relay tower and any supporting structure and equipment facility
should be designed using materials, colors, textures that will blend the facility to the natural and built environment.
7. A Washington-licensed professional engineer shall certify in writing, over his or her seal, that both construction plans and final construction of the broadcast and relay radio towers are designed to reasonably withstand wind and seismic loads as
established by the Uniform Building Code.
B. Additional Standards in Commercial Zones – Broadcast and Relay Towers.
1. Broadcast and relay towers are permitted only in the G-C, CBD and CBD C-L commercial districts.
2. The combined broadcast and relay tower and antenna(s) shall not extend more
than a maximum of 70 feet in height. A height bonus of 15 feet may be allowed by the approval authority when co-locationcollocation is specifically provided for on the broadcast and relay tower.
C. Additional Standards in Residential Zones –Broadcast and Relay Towers.
1. Commercial broadcast Broadcast and relay towers shall not be allowed in the
Residential Low Density (R-L) or Residential Medium Density (R-M) residential (R-L and R-M) zones. Such facilities may be located in the Residential High Density/Office Zoning District (R-H) residential zone only.
2. The combined broadcast and relay tower and antenna(s) shall not extend more than a maximum of 70 feet.
3. Stealth design is required.
D. Additional Standards in Industrial Zones – Broadcast and Relay Towers. The combined height of a broadcast and relay tower and antenna(s) located in industrial zone shall not exceed 80 feet; except when co-locationcollocation is specifically provided for, then the broadcast and relay tower shall not exceed 90 feet. (Ord. 10-03 §
3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.090)
E. Guyed wire or lattice towers are not permitted.
17.70.085 Collocation of Antennas, Distributed Antenna Systems and Small Cells. A. To the extent not otherwise covered by Chapter 17.70.150 (Eligible Facilities Requests), collocation and new wireless communication antenna arrays are
permitted in all zones via administrative approval provided that they are attached to or inside of an existing structure (except on the exterior of pole signs or anywhere on a billboard) that provides the required clearances for the array’s operation without
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the necessity of constructing a tower or other apparatus to extend the antenna array more than 15 feet above the structure.
B. Installation requires the granting of development permits prescribed by title 15 EWMC.
C. For antenna arrays and WCF on City-owned property, the execution of necessary agreements is also required.
D. If any support structure must be replaced or extended to achieve the needed
elevation or if the attachment adds more than 15 feet above the existing structure, or the minimum necessary to achieve required electrical clearances, the proposal is subject to Type II review. The limitation to 15 feet applies to cumulative increases and any previously approved additions to height made under this section must be included in its measurement.
E. WCF attached to residential structures are not permitted in any zoning district.
F. Any equipment shelter or cabinet and other ancillary equipment are subject to the general development standards of EWMC 17.70.0790.
17.70.087 Distributed Antenna Systems (DAS) and Small Cells.
A. The City encourages, but it does not require, the use of DAS and small cells.
B. Distributed Antenna Systems (DAS) and Small Cells are allowed in all zoning districts.
C. DAS and small cells are subject to approval via administrative review only unless their installation requires the construction of a new utility support structure or building. Type II review is required when the applicant proposes a new utility support
structure or building.
D. Where feasible, cable and/or conduit shall be routed through the inside of any utility pole, or other support structure. Where this is not feasible, or where such routing would result in a structure of a substantially different design or substantially greater diameter than that of other similar structures in the vicinity or would otherwise
appear out of context with its surroundings, the City may allow or require that the cable or conduit be placed on the outside of the structure. The outside cable or conduit shall be the color of the utility pole, or other support structure, and the City may require that the cable be placed in conduit.
E. Multiple Site DAS and Small Cells.
1. A single permit may be used for multiple distributed antennas that are part of a larger overall DAS network.
2. A single permit may be used for multiple small cells spaced to provide wireless coverage in a contiguous area.
F. Only one facility shall be permitted on any street pole.
G. The antenna and related components must be the same color as the existing building, pole or support structure on which it is proposed to be located.
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H. The shelter or cabinet used to house radio electronic equipment and the associated connecting cabling shall be contained wholly within the pole, a building or structure,
or otherwise appropriately concealed, camouflaged or located underground.
17.70.090 Wireless communications facilities – Development standards. A. Development Standards for All Zoning Districts. The following standards shall be applied to all wireless equipment, such as antenna(s) and equipment shelters, exclusive of the broadcast and relay tower. Wireless monopoles, lattice and guy towers, and
existing pole structures extended in height, are regulated by the subsections that govern broadcast and relay towers, EWMC 17.70.080.
1. Placement of a freestanding wireless communication facility shall be denied if placement of the antenna(s) on an existing structure can accommodate the operator’s communications needs. The co-locationcollocation of a proposed
antenna(s) on an existing broadcast and relay tower or placement on an existing structure shall be explored and documented by the operator in order to show that reasonable efforts were made to identify alternate locations.
2. Maximum Height for Attached WCF. Attached WCF shall not add more than 20 feet to the height of the existing building or structure to which it is attached. Attached
WCF are permitted in all zoning districts subject to specific limitations enumerated elsewhere in this chapter.
3. Location of wireless communication antenna(s) on existing buildings or other structures shall be screened or camouflaged to the greatest practicable extent by use of shelters, compatible materials, location, color, and/or other stealth techniques
to reduce visibility of the antenna(s) as viewed from any street or residential property.
4. Attached WCF may be mounted on all currently existing nonresidential buildings in nonresidential zones except as follows:
a. Any building which is an accessory structure to a residence.
b. Buildings which, due to their small size, would be dominated by the facility.
5. The antenna(s) shall not dominate the structure upon which it is attached and shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible.
6. Building-mounted WCF must meet the following conditions and criteria:
a. A building-mounted WCF may consist of the following:
i. Nonreflective panel antenna(s);
ii. Whip antenna(s);
iii. Nonreflective parabolic dish;
b. The number of antennas shall be reasonable to accommodate the technology
and maintenance compatible with the constraints of the building and prevailing land use.
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7. The placement of antennas on existing structures (not including buildings), such as power poles, light poles for streets and parking lots, light standards for
recreational fields and antenna support structures, is the preferred option subject to the approval of the owner of the existing structure. If an existing structure cannot accommodate an antenna due to structural deficiency, or does not have the height required to provide adequate signal coverage, the structure may be replaced with a new structure, provided:
a. The new structure will serve the original purpose.
b. The completed structure does not exceed the original height by more than 20 feet.
c. The completed structure meets all the requirements of this chapter.
d. In all cases where a utility pole or light standard is replaced for the purpose of
accommodating a WCF installation, the cables and other wiring necessary for the WCF shall be routed inside the new pole. If routing inside the pole is not allowed by the utility and that determination is confirmed in writing by the utility, then all cable, wiring and conduit routed outside the pole shall be painted to match the pole.
8. Associated above-ground equipment shelters shall be minimized, and shall not exceed 240 square feet (e.g., 12 by 20 feet) unless operators can demonstrate that more space is needed to accommodate collocation by other providers. Shelters shall be painted a color that matches existing structures or the surrounding landscape. A solid visual screen (90 percent solid or more) shall be created around
the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within existing structures.
9. Screening of wireless equipment shall be provided with one or a combination of the following materials: fencing, walls, landscaping, structures, or topography which will block the view of the antenna(s) and equipment shelter as much as practicable
from any street and from the yards and main floor living areas of residential properties within approximately 500 feet. Screening may be located anywhere between the base and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition.
10. Construction plans and final construction of the mountings of wireless
antenna(s) and equipment shelters shall be approved by the city building department. Applications shall document that the proposed WCF and mounting bases are designed to reasonably withstand wind and seismic loads.
B. Additional Standards in Residential Zones – Wireless Communications Facilities.
1. Attached WCF shall be screened or camouflaged to the greatest practicable
extent by use of compatible materials, location, color, and/or other stealth techniques to reduce visibility of the antenna(s) as viewed from any street or residential property.
2. Attached WCF may be mounted on all currently existing nonresidential buildings in residential zones except as follows:
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a. Any building which is an accessory structure to a residence.
b. Buildings which, due to their small size, would be dominated by the facility.
3. The antenna(s) shall not dominate the structure upon which it is attached and shall be visually concealed utilizing color and compatible material to camouflage the facility to the greatest extent feasible.
4. Building-mounted WCF must meet the following conditions and criteria:
a. A building-mounted WCF may consist of the following:
i. Nonreflective panel antenna(s);
ii. Whip antenna(s);
iii. Nonreflective parabolic dish;
b. The number of antennas shall be reasonable to accommodate the technology and maintenance compatible with the constraints of the building and prevailing
land use.
5. Within public parks and public open spaces including playgrounds, ballfields, etc., the placement of antennas on existing structures, such as power poles, light poles for streets and parking lots, light standards for recreational fields and antenna support structures, is the preferred option subject to the approval of the property
owner. If an existing structure cannot accommodate an antenna due to structural deficiency, or does not have the height required to provide adequate signal coverage, the structure may be replaced with a new structure, provided:
a. The new structure will serve the original purpose.
b. The completed structure does not exceed the original height by more than 20
feet.
c. The completed structure meets all the requirements of this chapter.
d. In all cases where a utility pole or light standard is replaced for the purpose of accommodating a WCF installation, the cables and other wiring necessary for the WCF shall be routed inside the new pole. If routing inside the pole is not
allowed by the utility and that determination is confirmed in writing by the utility, then all cable, wiring and conduit routed outside the pole shall be painted to match the pole.
6. Associated above-ground equipment shelters shall be minimized, and shall not exceed 240 square feet (e.g., 12 by 20 feet) unless operators can demonstrate that
more space is needed for collocation of other providers. Shelters shall be painted a color that matches existing structures or the surrounding landscape. A solid visual screen (90 percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment if technically feasible or placing the equipment within existing structures.
C. Additional Development Standards in Nonresidential Zones – Wireless Communications Facilities. Associated above-ground equipment shelters shall not exceed 240 square feet (e.g., 12 by 20 feet) unless operators can demonstrate that
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more space is needed. A solid visual screen (90 percent solid or more) shall be created around the perimeter of the shelter. Operators shall consider undergrounding equipment
if technically feasible or placing the equipment within an existing structure. Above-ground equipment shelters for antenna(s) located on buildings shall be located within, on the sides or behind the buildings and screened to the fullest extent possible. Screening of exterior shelters shall provide colors and materials which blend with surrounding structures. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly
17.70.100)
17.70.100 General siting criteria. A. Siting criteria for wireless communication facilities are necessary to encourage the siting of those facilities in locations most appropriate based on land use compatibility, neighborhood characteristics, and aesthetic considerations and the demand for wireless
communication facilities by the citizens of East Wenatchee. No general siting criteria are necessary for satellite dishes because these facilities are allowed within all zoning districts.
B. Generally, co-locationcollocation on existing broadcast and relay towers is encouraged by fewer standards and less complex permit procedures. Further,
attachment of antenna(s) to existing nonresidential structures and buildings primarily within industrial and commercial zoning districts is preferable to broadcast and relay towers or monopoles.
C. New broadcast and relay towers shall be minimized by co-locating wireless facilities on existing towers. New broadcast and relay towers are most appropriately located in
the industrial zoning district followed in order of preference by G-C, CBD and NC C-L zoning districts. Due to the close proximity of the shoreline and critical areas, these types of facilities are not permitted in the WMU or MU commercial district.
D. Wireless Communication Facilities. The following sites shall be considered by applicants as the preferred order for location of proposed wireless facilities including
antenna(s), equipment, and equipment shelters. As determined feasible, and in order of preference, the sites are:
1. Existing broadcast and relay towers: on any existing site or tower where a legal wireless telecommunication facility is currently located regardless of underlying zoning.
2. Warehouse and industrial zoning: structures or sites used exclusively for industrial and manufacturing uses within the industrial district. These are areas of more intensive land uses where a full range of public facilities are expected.
3. Publicly used structures: attached to existing public facilities such as water towers, utility structures, fire stations, bridges, and other public buildings within all
zoning districts not utilized primarily for recreational uses.
4. Commercial and public facilities sites: structures or sites used for retail, commercial, and office uses. These are areas of more intensive land uses where a full range of public facilities are expected. These zones in order of priority are G-C, P CBD and CBDC-L.
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5. Residential zones: structures which are not used for residential purposes such as institutional structures and other nonresidential sites and structures may be
considered for the installation of attached WCF where the installation complies with all FCC regulations and standards.
6. Residential structures: wireless communication facilities attached to residential structures are not permitted in any residential zoning district. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.110)
17.70.110 Abandonment. If any wireless telecommunication facility shall cease to be used for a period of 365 consecutive days, the department of community development shall notify the owner, with a copy to the applicant, thatapplicant that the site will be subject to a determination that such site has been abandoned. The owner shall have 30 days from receipt of said
notice to show, by a preponderance of the evidence, thatevidence that the wireless telecommunication facility has been in use or under repair during the period. If the owner fails to show that the wireless telecommunication facility has been in use or under repair during the period, the city council shall issue a determination of abandonment for the site. Upon issuance of the final determination of abandonment, the
owner shall, within 90 days, dismantle and remove the wireless telecommunication facility. If such facility is not removed within said 90 days, the city may remove the facility at the expense of the property owner. If there are two or more users of the facility, this provision shall not become effective until all users cease using the facility. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.120)
17.70.120 Fees – Wireless communications permit fees. In addition to the building permit application and associated fee, any person required to apply for a wireless communications permit under this chapter shall submit an application for approval to the administrator on forms as required by the administrator. The fees for such applications are described below.
A. Permit Application Fee. The wireless communications permit application shall be accompanied by a base filing fee of $250.00, which fee shall be paid at the time of submitting the application. No application shall be deemed complete unless such application has been submitted and the base fees paid.
B. Engineering Fees. In addition to the fees expressly provided in this section, the
applicant shall reimburse the city for the actual costs of all engineering fees incurred by the city in processing the application. The applicant shall become obligated to pay and shall reimburse the city for these fees as the fees are incurred by the city. In no event shall the applicant receive permit approval for the wireless communication facility until all such fees have been paid. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002.
Formerly 17.70.130)
17.70.130 Independent Technical Review. A. Although the City intends for City staff to review administrative matters to the extent feasible, the City may retain the services of an independent, radio frequency technical expert to provide technical evaluation of permit applications for WCFs,
including administrative and conditional use permits. Based upon the results of the third party review, the City may require changes to the application to comply with the
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recommendations of the expert. The technical expert review may include, but is not limited to
1. the accuracy and completeness of the items submitted with the application;
2. the applicability of analysis and techniques and methodologies proposed by the applicant;
3. the validity of conclusions reached by the applicant; and
4. whether the proposed WCF complies with the applicable approval criteria set
forth in this chapter.
B. The selection of the third party expert shall be by mutual agreement between the applicant and the City, and such agreement shall not be unreasonably withheld by either party. The third party expert shall have recognized training and qualifications in the field of radio frequency engineering.
C. The applicant shall pay the cost for any independent consultant fees, through a deposit, estimated by the City, paid within ten (10) days of the City’s request. When the City requests such payment, the application shall be deemed incomplete for purposes of application processing timelines. In the event that such costs and fees do not exceed the deposit amount, the City shall refund any unused portion within
thirty (30) days after the final permit is released or, if no final permit is released, within thirty (30) days after the City receives a written request from the applicant. If the costs and fees exceed the deposit amount, the applicant shall pay the difference to the City before the permit is issued.
17.70.140 Exception from Standards.
A. No WCF shall be used or developed contrary to any applicable development
standard unless an exception has been granted pursuant to this Section. These provisions apply exclusively to WCFs and are in lieu of the generally applicable variance and design deviation provisions in EWMC Title 17, provided this section does not provide an exception from this chapter’s visual impact and stealth design
requirements or the approval criteria set forth in Section 17.70.080.
B. Procedure Type. A wireless communications facility exception is a Type III procedure.
C. Submittal Requirements. In addition to the general submittal requirements for a Type III application, an application for a wireless communication facility exception shall
include:
1. A written statement demonstrating how the exception would meet the criteria.
2. A site plan that includes:
a. Description of the proposed facility’s design and dimensions, as it would appear with and without the exception.
b. Elevations showing all components of the wireless communication facility as it
would appear with and without the exception.
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c. Color simulations of the wireless communication facility after construction demonstrating compatibility with the vicinity, as it would appear with and
without the exception.
D. Criteria. An application for a wireless communication facility exception shall be granted if the following criteria are met:
1. The exception is consistent with the purpose of the development standard for which the exception is sought.
2. Based on a visual analysis, the design minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping.
3. The applicant demonstrates the following:
a. A significant gap in the coverage, capacity, or technologies of the service
network exists such that users are regularly unable to connect to the service network, or are regularly unable to maintain a connection, or are unable to achieve reliable wireless coverage within a building;
b. The gap can only be filled through an exception to one or more of the standards in this chapter; and
c. The exception is narrowly tailored to fill the service gap such that the wireless communication facility conforms to this chapter’s standards to the greatest extent possible.
4. Exceptions in Residential Zones. For a new tower proposed to be located in a residential zone or within 150 feet of a residential zone, unless the proposal
qualifies as a preferred location on City-owned or operated property or facilities under EWMC 17.70.050(B)(3), the applicant must also demonstrate that the manner in which it proposes to fill the significant gap in coverage, capacity, or technologies of the service network is the least intrusive on the values that this chapter seeks to protect.
17.70.150 Eligible Facilities Modifications. A. Application. The department shall prepare and make publicly available an application form which shall be limited to the information necessary for the department to consider whether an application is an Eligible Facilities Request. The application may not require the applicant to demonstrate a need or business case for
the proposed modification.
B. Type of Review. Upon receipt of an application for an Eligible Facilities Request pursuant to this section, the department shall review such application to determine whether the application qualifies under this section.
C. Timeframe for Review. Within 60 days of the date on which an applicant submits an
application seeking approval under this section, the department shall approve the application unless it determines that the application is not covered by this section.
D. Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the
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department and the applicant, or in cases where the department determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on
the review of applications.
1. To toll the timeframe for incompleteness, the department must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the department’s notice of incompleteness.
3. Following a supplemental submission, the department will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is
tolled in the case of second or subsequent notices pursuant to the procedures identified in paragraph (d) of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
E. Interaction with Section 332(c)(7). If the department determines that the applicant’s
request is not covered by Section 6409(a) as delineated under this section, the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC’s Shot Clock order, will begin to run from the issuance of the department’s decision that the application is not a covered request. To the extent such information is necessary, the department may request additional information from the applicant
to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.
F. Failure to Act. In the event the department fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not
become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
17.70.160 Indemnification. Each permit issued shall have as a condition of the permit a requirement that the
applicant defend, indemnify and hold harmless the City and its officers, agents, employees, volunteers, and contractors from any and all liability, damage, or charges (including attorneys’ fees and expenses) arising out of claims, suits, demands, or causes of action as a result of the permit process, granted permit, construction, erection, location, performance, operation, maintenance, repair, installation,
replacement, removal, or restoration of the WCF on City property or in the public right-of-way.
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Exhibit C
Section 9. Findings of Fact and Conclusions of Law.
9.1 Findings of Fact
1. The U. S. Congress adopted the Telecommunications Act of 1996 (hereinafter the "Act") to encourage the development of high-technology communication systems through increased competition among communication companies. The
Act provides for the removal of regulatory barriers, rate deregulation and relaxation of certain anti-trust provisions in an attempt to achieve this goal.
2. The City's regulation of wireless communications towers and facilities in the City will not have the effect of prohibiting any person from providing wireless communications services in violation of the Act.
3. The proposed amendments address internal inconsistencies and other issues to update the regulation of wireless communication facilities.
4. Deployment of new wireless telecommunication networks could have dramatic impacts on land use patterns, aesthetics, and the public health, safety, and welfare due to the number of new wireless facilities and service providers in the
region.
5. The Greater East Wenatchee Area Comprehensive Plan (2018) reflects the community’s preferred future and contains goals and policies pertaining to the provision of utilities and specifically wireless communication facilities. The plan recommends that the City adopt regulations that are flexible and receptive to
innovations and advances in the industry and regulate the placement of telecommunication facilities while preserving and protecting the interests of the community and minimizing visual impacts by encouraging low visibility technology.
6. The City finds that the periodic update of standards and siting criteria for wireless communication facilities is necessary for the protection of the public health,
safety, and property rights.
7. The proposed amendments are intended to implement Section 6409 of the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. Section 1455(a)).
8. Advertisement of the Planning Commission’s public hearing was published in the
Wenatchee World on July 27, 2018 and posted on the City’s web site.
9. Public testimony was taken at the hearing. The main concerns expressed were:
10. Additional findings of fact:
9.2 Conclusions
1. The proposal is consistent with and implements policies in the City of East Wenatchee Comprehensive Plan.
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2. The proposed standards are consistent with the limitations on local government control of wireless communication facilities as within the Telecommunications Act
of 1996.
3. The proposed text amendments are consistent with and implement the goals and policies in the comprehensive plan
4. Approval of the proposal will not be detrimental to the public health, safety, and general welfare.
5. Proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and the community and state agencies were given the opportunity to comment on the proposal at duly noticed public workshops and a public hearing.
6. Additional conclusions:
.
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CITY OF EAST WENATCHEE
COMMUNITY DEVELOPMENT DEPARTMENT
271 9TH STREET NE * EAST WENATCHEE, WA 98802
PHONE (509) 884-5396 * FAX (509) 884-6233 STAFF REPORT
TO: East Wenatchee Planning Commission
FROM: East Wenatchee Community Development Department
DATE: August 7,2018
SUBJECT: ZTA 2017-02 – Interim Regulations amending EWMC 17.43.020 Commercial Low Density and Chapter 17.70 EWMC - Wireless Communication Facilities
I. GENERAL INFORMATION
Applicant: East Wenatchee Planning Commission
271 9th Street NE Wenatchee, WA 98802
Project Planner: Lori Barnett 509.884.5396
A. Proposal: Proposed interim development regulations amending EWMC
17.43.020 – Commercial Low Density and chapter 17.70 EWMC -Wireless Telecommunications Facilities updating provisions for: tower heights and locations, small cell facilities, installation standards, definitions, periodic modifications to facilities, and facilities in the right of way. The interim regulations
are intended to allow processing of applications for use permits and building
permits, allowing a six-month period to continue working on a final code amendment.
B. Location: The proposal will be applicable to properties within the City and in the unincorporated area within the urban growth area surrounding the city of East
Wenatchee in Douglas County, Washington.
II. PROPOSAL ANALYSIS
A. Background: The Telecommunications Act of 1996 was adopted by Congress as a way to remove regulatory barriers and encourage competition among all types of communications companies. Limitations were placed on local
governments regarding regulation of such facilities to ensure that adequate
locations would be available for siting facilities.
On November 12, 2002, the City adopted Ordinance 2002-22 adding Chapter 17.70 to the East Wenatchee Municipal Code (“EWMC”) establishing standards for wireless communication facilities. Certain sections of that chapter
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Staff Report ZTA 2017-02 WCF August 7, 2018 Page 2
were amended by Ordinance No. 2010-03, mostly to provide more options for attached wireless facilities and to address amateur radio towers.
Recent changes to federal laws, regulations and court cases related to wireless communication services as well as the development of new technology has increased the demand for and complexity of siting wireless facilities within the City.
On January 10, 2017 the City Council adopted a six-month moratorium on the
acceptance of applications for use permits, wireless telecommunications facility permits, building permits, right of way use authorizations and franchises for wireless communication facilities within the City to allow time for this review. On February 28, 2017, the City Council adopted Ordinance 2017-05, repealing and replacing the earlier moratorium so that it would only apply to applications
for new facilities to allow existing facilities to be upgraded, if needed, during the moratorium. The moratorium was extended again on September 14, 2017 and then again on February 27, 2018.
Since the enactment of the moratorium, the Planning Commission has had a presentation from Verizon and held a total of 5 workshops on the topic. The
planning commission reviewed and discussed information from other jurisdictions, model code provisions provided by the industry, fact sheets from the Federal Communications Commission, and summaries and discussions of legal issues with regulating WCF.
A proposed final draft of the revisions to the WCF Code were reviewed by the
planning commission at a public workshop on June 19, 2018. Comments from service providers and discussion with the planning commission it was decided to take a different approach and adopt interim regulations that would provide guidance on the most critical matters and initiate a process to expand the participation of the service providers in the more comprehensive approach to
wireless communication facilities requirements.
The proposed amendments are intended to be in place for six months to provide the staff and planning commission with additional time to work with industry representatives on issues.
B. Comprehensive Plan: The Greater East Wenatchee Area Comprehensive Plan
(2018) is the guidance document for land uses within the community and urban area. The following goal and policies from the Utilities Chapter of that plan address wireless communications facilities:
GOAL 3: Provide reliable and cost effective telecommunications systems to facilitate communication between members of the public, public institutions
and business.
UT 16: Development regulations shall be flexible and receptive to innovations and advances in telecommunications technology.
UT 17: Minimize visual impacts when authorizing the siting of new
telecommunications facilities by encouraging low visibility technology.
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The proposed text amendments are intended to update the WCF chapter to address changes in technology and issues identified by service providers.
C. Zoning: Recent changes to federal laws, regulations and court cases related to wireless communication services as well as the development of new technology has increased the demand for and complexity of siting wireless facilities within the City. The following briefly describes those issues and others that support the proposed amendment
Amendment 1 adds “wireless telecommunications facilities” as a permitted use in the Commercial Low Density Zoning District.
Amendment 2 updates and adds text to most of the existing code to provide better definitions of terms and standards; includes new sections to address collocation of antennas, small cells and distributed antenna systems;
independent technical review, exception from standards; eligible facilities modifications and indemnification. Major clarifications were added regarding using stealth techniques to camouflage facilities.
Issues that have not been resolved include opening up more zoning districts to wireless telecommunications facilities. Currently, such facilities are only allowed
in the three commercial districts and the Residential High Density Zoning District. The siting of facilities will be addressed during this next phase of review.
D. State Review: RCW 36.70A.106 requires local agencies to submit a notice of intent to the Washington State Department of Commerce (Commerce) (Formerly the Dept. of Community, Trade and Economic Development) for all proposed
amendments to comprehensive plans and development regulations. The June 8, 2018 version of the draft proposal was sent to Commerce on June 12, 2018. Since this is an interim regulation, it is not required to be sent to Commerce. If the final draft proposal is substantially different than the June 8, 2018 version, it will need to be transmitted to Commerce again to initiate review.
III. SUMMARY
Planning Staff Comments:
Staff recommends approval of the proposed interim regulations and offers suggested Findings of Fact and Conclusions in Section IV of this report for consideration by the
Planning Commission. The findings and conclusion may be modified as appropriate to support the decision on the proposal.
IV. SUGGESTED FINDINGS AND CONCLUSIONS
A. FINDINGS OF FACT
1. The U. S. Congress adopted the Telecommunications Act of 1996 (hereinafter
the "Act") to encourage the development of high-technology communication systems through increased competition among communication companies. The Act provides for the removal of regulatory barriers, rate deregulation and relaxation of certain anti-trust provisions in an attempt to achieve this goal.
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Staff Report ZTA 2017-02 WCF August 7, 2018 Page 4
2. The City's regulation of wireless communications towers and facilities in the City will not have the effect of prohibiting any person from providing wireless
communications services in violation of the Act.
3. The proposed amendments address internal inconsistencies and other issues to update the regulation of wireless communication facilities.
4. Deployment of new wireless telecommunication networks could have dramatic impacts on land use patterns, aesthetics, and the public health, safety, and
welfare due to the number of new wireless facilities and service providers in the region.
5. The Greater East Wenatchee Area Comprehensive Plan (2018) reflects the community’s preferred future and contains goals and policies pertaining to the provision of utilities and specifically wireless communication facilities. The plan
recommends that the City adopt regulations that are flexible and receptive to innovations and advances in the industry and regulate the placement of telecommunication facilities while preserving and protecting the interests of the community and minimizing visual impacts by encouraging low visibility technology.
6. The City finds that the periodic update of standards and siting criteria for wireless
communication facilities is necessary for the protection of the public health, safety, and property rights.
7. The proposed amendments are intended to implement Section 6409 of the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. Section 1455(a)).
8. Advertisement of the Planning Commission’s public hearing was published in the Wenatchee World on July 27, 2018 and posted on the City’s web site.
9. Public testimony was taken at the hearing. The main concerns expressed were:
10. Additional findings of fact:
B. CONCLUSIONS
1. The proposal is consistent with and implements policies in the City of East Wenatchee Comprehensive Plan.
2. The proposed standards are consistent with the limitations on local government
control of wireless communication facilities as within the Telecommunications Act of 1996.
3. The proposed text amendments are consistent with and implement the goals and policies in the comprehensive plan
4. Approval of the proposal will not be detrimental to the public health, safety, and
general welfare.
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5. Proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and the community and state agencies were given the opportunity to comment on the
proposal at duly noticed public workshops and a public hearing.
6. Additional conclusions:
.
Exhibits:
A. Proposed Interim Regulations (7-26-2018) For WIRELESS COMMUNICATIONS FACILITIES
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CITY OF EAST WENATCHEE COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Lori Barnett, Community Development Director
Subject: Ordinance 2018-14 amending section 17.66.050 and chapter
17.60 of the East Wenatchee Municipal Code regulating marijuana
related uses and medical marijuana
Date: August 14, 2018
I. Summary Title: An Ordinance of the City of East Wenatchee amending section 17.66.050 and chapter 17.60 of the East Wenatchee Municipal Code regulating marijuana related uses and medical marijuana; prohibiting medical cannabis cooperatives in all zoning districts of the city; entering legislative findings; providing for
severability; and establishing an effective date.
II. Background/History: Initiative 692 was passed by the voters in
1998 recognizing the medical use of marijuana. Initiative 502 was
passed by the voters of Washington State on November 6, 2012,
authorizing the growing, manufacture, and sale of marijuana from
state licensed facilities for recreational use. The State Liquor Control Board (LCB) was given the mandate to create a process to license, regulate, and tax recreational marijuana businesses. The Act also included several standards for medical use of marijuana. One of those provisions included “collective gardens” where up to 10 qualified patients could grow up to 15 plants per patient with an absolute limit of 45 plants per garden.
On May 26, 2015, the City Council adopted Ordinance 2015-14
establishing rules and regulations for marijuana-related uses as
chapter 17.60 of the East Wenatchee Municipal Code. Collective
gardens were prohibited.
Subsequently, the Legislature passed several bills dealing with medical marijuana. Cooperatives replaced collective gardens. RCW 69.51A.250(3) authorizes cities to ban cooperatives. Cities may not prohibit individual patients from growing marijuana; however, they may regulate them. Individual grows for recreational use are not
permitted by state law.
The City Council imposed a moratorium to allow the Planning
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Commission time to develop regulations for medical marijuana. The moratorium has been extended several times. The Planning Commission has now concluded their work. The following is a summary of the proposed amendments:
• 17.66.050 - Home Occupations was amended to specifically
prohibit “cannabis cooperatives”
• 17.60.030 was amended to prohibit cooperatives and provide
requirements for individual medical marijuana patient growers. All grow operations must be indoors and odor controlled.
• All references to “collective gardens” were replaced with “cooperatives”.
• Definitions for “medical use” were added.
• 17.60.060 standards for commercial production and processing
of marijuana were amended to include additional guidelines to
control odor, waste, and fire protection.
• A violation section was added.
The Planning Commission held a public hearing on August 8, 2018 to
review and consider the proposed amendments that are included in Ordinance 2018-14. The Planning Commission unanimously voted to recommend approval of the proposed amendments.
III. Recommended Action:
• Motion to elevate to second reading.
• Motion to approve Ordinance 2018-14.
IV. Exhibits: Ordinance 2018-14
Staff Report without exhibits
Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $0 $0
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City of East Wenatchee, Washington
Ordinance No. 2018-14
An Ordinance of the City of East Wenatchee amending section 17.66.050 and chapter 17.60 of the East Wenatchee Municipal Code regulating marijuana related uses and medical marijuana; prohibiting medical cannabis cooperatives in all zoning districts of the city; entering legislative findings; providing for severability; and establishing an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que modifica la sección 17.66.050, y el capítulo 17.60 del Código Municipal de East Wenatchee que regula los usos relacionados con la marihuana y la marihuana medicinal; prohibir las cooperativas de cannabis medicinal en todos los distritos de zonificación de la ciudad; ingresando hallazgos legislativos; proporcionando la divisibilidad; y establecer una fecha efectiva.
1. Recitals
1.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington.
1.2. The City Council deems it in the public interest to replace the existing interim regulations with permanent controls advising the public where recreational marijuana producers, processors, and retail uses may be located in the City of East Wenatchee.
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
2.2. RCW 35A.63.100 authorize the City council to adopt ordinances or other action the legislative body deems necessary or implement the goals and objectives of the comprehensive plan.
2.3. RCW 69.51A.250(3)(c) authorizes jurisdictions to prohibit medical marijuana cooperatives.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
1. Amendment 1. The City Council amends section 17.66.050 EWMC to read:
17.66.050 Prohibited uses. The following uses are deemed to be prohibited:
A. Clinics or hospitals;
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B. Adult entertainment facilities;
C. Mortuaries or funeral homes;
D. Commercial print shops;
E. Rental of trailers;
F. Restaurants and cafes;
G. Veterinary clinics or hospitals, stables or kennels;
H. Painting, detailing, service or repair of any vehicle, including recreational vehicles and water craft;
I. Retail sales of goods not made on the premises, except as provided in EWMC 17.66.030(I);
J. Outdoor storage of building or construction materials not intended for immediate use in or on the premises;
K. Marijuana production, marijuana processing, marijuana retailer, and medical marijuana collective gardens cannabis cooperatives; and
L. All other uses which do not comply with the intent of this chapter or the standards set forth in EWMC 17.66.030 and 17.66.060, or the definition of a home occupation set forth in EWMC 17.08.320.
2. Amendment 2. The City Council amends chapter 17.60 EWMC to read:
Chapter 17.60 MARIJUANA RELATED BUSINESS REGULATIONS Sections: 17.60.010 Purpose 17.60.020 Applicability and permitted zoning districts 17.60.030 Medical cannabis collective gardens - Prohibited. 17.60.040 Definitions. 17.60.050 Location criteria. 17.60.060 Development standards. 17.60.070 Off-street parking requirements. 17.60.080 Signs. 17.60.090 Landscaping requirements. 17.60.100 Site plan review. 17.60.110 Design standards and guidelines. 17.60.120 State license required. 17.60.130 City business license required. 17.60.140 No city liability – indemnification. 17.60.150 Violations – Penalty. 17.60.160 Additional enforcement.
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17.60.010 Purpose The purpose of this chapter is to: A. To establish reasonable and uniform regulations for state licensed marijuana producers, marijuana processors, and marijuana retailers operating under the provisions of chapter 69.50 RCW and applicable stated administrative rules.
B. Ensure that such state-licensed uses are located and developed in a manner that is consistent with the character and standards of this community.
C. To promote the health, safety, and general welfare of the citizens of the City of East Wenatchee.
17.60.020 Applicability and Permitted Zoning Districts A. Only state-licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the city of East Wenatchee and then only pursuant to a license issued by the state of Washington. Specific marijuana-related business may be permitted within the following zoning districts:
1. Marijuana processor, marijuana producer, and marijuana retailer businesses may be permitted to operate within the General Commercial (G-C) Zoning District.
2. Marijuana retailers may be permitted to operate within the Central Business District (CBD) Zoning District.
3. Marijuana processor and marijuana producer may be permitted to operate within the General Industrial (I-G) Zoning District.
B. No Marijuana-related business may be operated in any residential, neighborhood commercial, light commercial, waterfront mixed use or mixed-use zoning district.
C. No use that purports to be a marijuana producer, processor or retailer, as defined and regulated herein that was engaged in that activity prior to the enactment of this chapter or Ordinance 2014-01 shall be deemed to have status as a legally established use or entitled to claim legal non-conforming use status.
17.60.030 Medical cannabis collective gardens - Prohibited. Collective gardens as defined in RCW 69.51A.085 are prohibited in all zoning districts within the city of East Wenatchee. As authorized by RCW 35A.82.020, the City will not issue a business license to any person operating or proposing to operate a collective garden.
A. Medical marijuana cooperatives. Cooperatives as provided for in RCW 69.51A.250 are prohibited in all zoning districts.
B. Individual medical marijuana growing: Qualifying patients or designated providers may grow up to the amounts authorized in RCW 69.51A.210 under the following provisions.
1. The grow operation shall comply with all locally applicable land use,
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development, and zoning regulation requirements, and future amendments.
2. The grow operation shall comply with rules and regulations adopted by the Washington State Liquor and Cannabis Board.
3. The property must be the primary residence of the qualifying patient or designated provider.
4. No more than 15 plants may be grown on the premises even if multiple qualifying patients or designated providers reside in the same housing unit or on the property.
5. Outdoor growing is prohibited.
6. All grow operations must be indoors within the primary dwelling or an accessory structure. If the grow operation is located in an accessory structure the following provisions apply:
a. Accessory structures shall be permanent structures constructed in compliance with the International Building Code as adopted by the City.
b. Accessory structures shall not include cargo containers, recreational vehicles or other similar types of structures.
c. The accessory structure must have a complete roof enclosure supported by connecting walls extending from the ground to the roof and a foundation, slab, or equivalent base to which the floor is securely attached. The walls of the accessory structures shall be completely opaque (i.e. no light or image can be detected through the material). Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement and. The materials used for the walls must be typical building materials, no cardboard or other nonstructural materials may be used. The roof of the structure may include translucent panels allowing sunlight to penetrate. The material used for the translucent panels must be rigid and must comply with the adopted snow load requirements.
d. The accessory structure must be located behind the front yard setback and shall observe a 5 foot setback from all other property lines. The structure must be placed at least 5 feet from any other structure on the premises.
7. Structures where marijuana is grown or stored must be equipped with ventilation/air filtration systems so that no odors are detectable from neighboring properties or public rights of way.
8. Home processing of medical marijuana shall not involve any combustible method and shall comply with all federal, state, and local laws and rules, including all standards adopted by the Washington State Liquor and Cannabis Board.
17.60.040 Definitions The definitions established in RCW 69.50.101, RCW 69.51A.010 and WAC 314-55-
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010, and future amendments, are adopted by this reference, as supplemental and applicable to this chapter. In addition to those definitions adopted by reference, the terms used in this chapter shall have the following meanings. A. "Child care center" means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington state department of early learning under chapter 170-295 WAC.
B. “Church or place of worship” means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
C. “Collective gardenCooperative" means the growing, production, processing, transportation, and delivery of cannabis (i.e. marijuana), by qualifying patients or designated providers for medical use, as set forth in Chapter 69.51A.250 RCW.
D. "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
E. "Dispenser" means a practitioner who dispenses.
F. "Elementary school" means a school for early education that provides the first four to eight years of basic education and recognized by the Washington state superintendent of public instruction.
G. "Game arcade" means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted.
H. "Library" means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.
I. “Licensee” or “marijuana license” means any person or entity that holds a marijuana license, or any person or entity who is a true party of interest in a marijuana license, as outlined in WAC 314-55-035.
J. "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
K. "Marijuana concentrates" means products consisting wholly or in part of the
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resin extracted from any part of the plant Cannabis and having a THC concentration greater than sixty percent.
L. "Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana.
M. "Marijuana processor" means a person licensed by the state liquor and cannabis board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.
N. "Marijuana producer" means a person licensed by the state liquor and cannabis board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
O. “Marijuana-related business” means a business operating under a license issued in accordance with WAC 314-55 as a marijuana producer, a marijuana processor, or a marijuana retailer.
P. "Marijuana retailer" means a person licensed by the state liquor and cannabis board to sell marijuana concentrates, useable marijuana and marijuana-infused products in a retail outlet.
Q. "Medical use of marijuana or cannabis" means the manufacture, production, possession, transportation, delivery, ingestion, application, or administration of marijuana for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition.
Q.R. "Perimeter" means a property line that encloses an area.
R.S. "Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government.
S.T. "Public park" means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. Public park does not include trails.
T.U. "Public transit center" means a facility located outside of the public right of way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers.
U.V. "Recreation center or facility" means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit
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organization, city, county, state, or federal government.
V.W. “Residential dwelling unit” means a building or portion thereof designed exclusively for a residential occupancy including one-family, two-family, three-family and multifamily dwellings.
W.X. "Retail outlet" means a location licensed by the state liquor and cannabis board for the retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products.
X.Y. "Useable marijuana" means dried marijuana flowers. The term “useable marijuana" does not include either marijuana-infused products or marijuana concentrates.
Y.Z. "Secondary school" means a high and/or middle school: A school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington state superintendent of public instruction.
17.60.050 Location criteria. A. Separation requirements. No marijuana producer, processor or retail outlet may locate within 1,000 feet of the perimeter of the grounds of any of the following entities. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the entities listed below:
1. Elementary or secondary school;
2. Playground;
3. Recreation center or facility;
4. Child care center;
5. Public park;
6. Public transit center;
7. Library;
8. Game arcade (where admission is not restricted to persons age twenty-one or older);
B. If a use listed in subsection A, above, locates within 1,000 feet of a licensed marijuana-related business after the marijuana-related business is lawfully established such use shall not benefit from the separation requirements of this subsection. A marijuana-related business is lawfully established under the East Wenatchee Municipal Code if it is located and operating in compliance with the requirements of this chapter.
C. No marijuana-related business may operate within a residential structure, within any other structure used for human habitation, or within a structure physically attached to a residence or a place of human habitation. When a
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structure has no human habitation, it means that no people live there on a temporary or permanent basis.
D. No marijuana retailer is allowed as a subordinate or accessory use in any land use district.
17.60.060 Development standards. A. A marijuana-related business must comply with the development standards of the underlying zoning district.
B. A marijuana-related business must comply with the requirements of all city construction codes including but not limited to building, plumbing, mechanical, and fire.
C. No outdoor production or processing is allowed. Marijuana production and processing must be conducted within a fully enclosed and secure structure that complies with the Washington State Building Code, as adopted by the City. The structure must have a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as 2” by 4” or thicker studs overlain with 3/8” or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
D. Buildings for marijuana production and/or processing are classified as an F1 occupancy. All buildings must be equipped with a ventilation and odor control system, designed by a professional engineer. The odor control system must be based on proven technology for the intended purpose. The system designer shall submit certification that the ventilation and odor control system will control odors such that odors cannot be detected at any property line of the parcel on which the marijuana production and/or processing facility is located, at another building or occupancy on the same lot as the marijuana business yet not related to it, and in no case more than one hundred (100) feet from the building. The ventilation and odor control system must remain functional and effective continuously during production and processing.
E. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the marijuana-related business must be in effect at all times. In the event that any odors, dust, fluids or other substances exit a marijuana-related business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for the immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.
F. All fertilizers, chemicals, gases, and hazardous materials shall be handled in
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compliance with all applicable local, state and federal regulations. No fertilizers, chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or storm sewer system, nor be released into atmosphere where the business is located. Waste materials generated from any facility must be disposed of in accordance with the plan filed as part of the license application and consistent with WAC 314-55-097.
D.G. Marijuana/cannabis extraction systems require an International Fire Code Operational Permit and must comply with IFC Chapter 38 and Section 5307.1 as adopted by the state of Washington.
17.60.070 Off-street parking requirements. The off-street parking requirements shall be as set forth in EWMC 17.72.010, including all future amendments. The table below provides the parking spaces needed for each type of marijuana-related business based upon uses that are similar in nature and intensity based upon Table 17.72.010(G) EWMC.
MARIJUANA-RELATED BUSINESS TYPE
LAND USE STANDARDS
Marijuana producer Nursery or greenhouse 1 space for each 400 s.f. of interior growing area Marijuana processor Wholesale trade, manufacturing, processing, packing, or storage
1 space/1,000 s.f. of GFA plus 1 space/2 employees based upon the annual average of the largest shift Marijuana retailer Retail food or merchandise (1) Up to 2,000 s.f. of GFA: 4 spaces/1,000 s.f. of GFA (2) 2,001–7,500 s.f. of GFA: 3.5 spaces/1,000 s.f. of GFA (3) 7,501–40,000 s.f. of GFA: 2.85 spaces 1,000 s.f. of GFA (4) 40,001+ s.f. of GFA: 2.5 spaces/1,000 s.f. of GFA 17.60.080 Signs. All signage and advertising for a marijuana processor, producer, and retailer must comply with RCW 69.50, WAC 314-55-155, Chapter 15.24 EWMC, and Chapter 17.74 EWMC, including all future amendments.
17.60.090 Landscaping requirements. All developments in this district must comply with the landscaping requirements in Chapter 17.72 EWMC, including all future amendments.
17.60.100 Site plan review. Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for any marijuana related business.
17.60.110 Design standards and guidelines.
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Development within this district must comply with the applicable sections of the Greater East Wenatchee Urban Area Design Standards and Guidelines, including all future amendments.
17.60.120 State license required Such facilities and uses may be located only at the designated sites licensed by the state of Washington and fully conforming to state laws. A valid, current license is required from the Washington State Liquor and Cannabis Board for operation of any marijuana, producer, processor or retail outlet. A copy of the state license must be submitted to the City as part of the application for a business license required by EWMC 17.60.120.
17.60.130 City business license required A marijuana processor, producer, and retailer must obtain a City Business License prior to operation of the business. The issuance of a City Business License does not grant any special authority for the production, processing or sale of marijuana. The issuance of a City Business License does not grant any special privilege to violate federal law. Obtaining a City Business License does not provide a licensee with any affirmative defense to a violation of federal law. By accepting a city issued business license, the licensee waives and releases the City, its officers, elected officials, employees, volunteers and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state or local laws and regulations.
17.60.140 No city liability – Indemnification. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the city of East Wenatchee is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state-licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the city of East Wenatchee and then only pursuant to a license issued by the state of Washington.
17.60.150 Violations – Penalty A. Civil Penalty. A violation of any provision of this chapter is a Class 1 Civil Infraction.
B. Separate Offense. Each day during any portion of which a violation of any provision of this chapter is committed or is permitted is a separate offense.
17.60.160 Additional enforcement The remedies found in this chapter are not exclusive. The city may seek any other, available legal or equitable relief.
3. Recitals Adopted as Findings of Fact. The City Council adopts the above recitals as its findings of fact in support of this ordinance.
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4. Findings and Conclusions. The City Council adopts the following findings of fact and conclusions of law:
4.1. Findings of Fact:
1. The proposal includes several text amendments to the East Wenatchee Municipal Code (EWMC) Title 17 – adopting regulations on marijuana related uses; permitting the production, processing and retailing of marijuana as regulated pursuant to Washington State Initiative No. 502 in certain commercial and industrial zoning districts; and prohibiting medical cannabis collective gardens in all zoning districts of the city.
2. Douglas County has adopted city codes for application within the unincorporated areas located inside the urban growth area (UGA) boundary. Any amendments adopted by the city are subsequently adopted by Douglas County. The proposal will be applicable within the commercial zoning districts in the City of East Wenatchee, WA and the commercial and industrial districts in the unincorporated area of Douglas County within the Greater East Wenatchee Urban Growth Area
3. The City adopted a comprehensive plan in accordance with the Growth Management Act (GMA), RCW Chapter 36.70A, which is a generalized, coordinated land use policy statement of the City and the Urban Growth Area. The Greater East Wenatchee Area Comprehensive Plan (GEWA) includes goals and policies that encourage protection of residential areas and economic development.
4. Chapters 35A.63 and 36.70A RCW authorize the City to adopt development regulations governing land use activities.
5. In 2012, the voters of the state of Washington passed Initiative 502 legalizing the recreational use of marijuana. I-502 directed the Liquor Control Board to develop a process for regulating and licensing for marijuana producer, processor and retailers.
6. An Environmental Checklist was prepared by City Staff on December 14, 2016. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance (DNS) was issued on December 14, 2016. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action.
7. In accordance with the provisions of RCW 36.70A, the proposed development code amendment was transmitted to the Washington State Department of Commerce and other state agencies on December 16, 2016 initiating the state review and comment period and requesting expedited review.
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8. Commerce acknowledged receipt of the proposed amendment on December 16, 2016 and assigned the project Material ID#23194.
9. On January 9, 2017, Commerce transmitted an e-mail approving expedited review.
10. On July 27, 2018, a Notice of Public Hearing was published in the Wenatchee World.
11. The planning staff file of records, including the staff report, noticing documents, and SEPA review documents are admitted into the record.
12. An open record public hearing was held by the East Wenatchee Planning Commission on August 7, 2018.
13. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference.
4.2. Conclusions of Law:
1. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project.
2. The proposed text amendment is consistent with and implements the goals and policies in the comprehensive plan.
3. The proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and the community was given the opportunity to comment on the proposal at duly noticed public workshops and a public hearing.
4. Approval of the proposal will not be detrimental to the public health, safety, and general welfare.
5. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.
5. Transmittal. As required by RCW 36.70A.106, the City Council directs the Community Development Director to transmit this Ordinance to the Washington State Department of Commerce.
6. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance.
7. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website.
8. Effective Date This Ordinance becomes effective five days after the date its summary is published.
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Passed by the City Council of East Wenatchee, at a regular meeting thereof on this __________ day of _____________________________, 2018.
The City of East Wenatchee, Washington
By _________________________________
Steven C. Lacy, Mayor
Authenticated:
_____________________________________
Maria Holman, City Clerk
Approved as to form only:
_____________________________________
Devin Poulson, City Attorney
Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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Summary of Ordinance No. 2018-14
Of the City of East Wenatchee, Washington
On the __________ day of ____________________________________, 2018, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2018-14, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending section 17.66.050 and chapter 17.60 of the East Wenatchee Municipal Code regulating marijuana related uses and medical marijuana; prohibiting medical cannabis cooperatives in all zoning districts of the city; entering legislative findings; providing for severability; and establishing an effective date.
Upon request, the City will mail a full text of this Ordinance.
Dated this __________ day of ________________________________, 2018.
_____________________________ Maria Holman, City Clerk
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CITY OF EAST WENATCHEE
COMMUNITY DEVELOPMENT DEPARTMENT
271 9TH STREET NE * EAST WENATCHEE, WA 98802
PHONE (509) 884-5396 * FAX (509) 884-6233
LBarnett@east-wenatchee.com
STAFF REPORT
TO: East Wenatchee Planning Commission
FROM: East Wenatchee Community Development Department
DATE: August 7, 2018
SUBJECT: ZTA 2016-02 - Amendment to EWMC Title 17.60 – Marijuana Code
I. GENERAL INFORMATION
Applicant: East Wenatchee City Council 271 9th Street NE Wenatchee, WA 98802
Project Planner: Lori Barnett 509.884.5396
A. Proposal: This is a joint city of East Wenatchee and Douglas County non-project action that will amend the text of the East Wenatchee Municipal Code (EWMC) Section 17.66.050 and Chapter 17.60 regulating marijuana related uses and medical marijuana; prohibiting medical cannabis cooperatives in all zoning districts of the city; requiring all grow operations to be indoors; and adding
requirements for structure type and control of odor and other emissions.
B. Location: Douglas County has adopted city codes for application within the unincorporated areas located inside the urban growth area (UGA) boundary. Any amendments adopted by the city are subsequently adopted by Douglas County.
C. Background: Initiative 692 was passed by the voters in 1998 establishing a process and recognizing the medical use of marijuana. Initiative 502 was passed by the voters of Washington State on November 6, 2012. The Act authorized the growing, manufacture, and sale of marijuana from state licensed facilities for recreational use. The State Liquor Control Board (LCB) was given the mandate
to create a process to license, regulate, and tax recreational marijuana businesses. Subsequently, the Legislature passed several bills dealing with medical marijuana.
Health care professionals who authorize the medical use of marijuana must use an authorization form developed by DOH. Additional restrictions
and requirements were added regarding the health care professionals relationship with a qualifying patient.
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A database is to be created and administered by a third party under contract with DOH. Patients and providers in the database are provided
with recognition cards and protection from arrest if they are in compliance with the law.
Qualifying patients can grow their own marijuana – up to 15 plants. They may possess 3 times as much marijuana product as a recreational user.
Cooperatives allow up to 4 members to grow up to 60 plants.
o The members of the cooperative must be registered with the state and hold a valid recognition card.
o The members must be active in the grow operation.
o The marijuana can only be used for medical purposes by the members of the cooperative.
o The members may be qualifying patients or designated providers if the patient is a minor.
o Cooperatives cannot locate within 1 mile of a marijuana retailer.
o Members may only join 1 cooperative.
o The cooperative must be in the residence of 1 of the participants.
o Only 1 cooperative may operate on a parcel of land.
o The LCB will be establishing rules for cooperatives.
City Code currently prohibits collective gardens. Cooperatives replace collective gardens. RCW 69.51A.250(3) authorizes cities to ban cooperatives.
The Planning Commission held several workshops to review the new state
regulations for medical marijuana and specifically cooperatives. They recommended that the City Council enact a moratorium to allow them time to work on an approach to cooperatives. The city enacted moratoriums to provide time to work on regulations pertaining to medical marijuana.
The attached ordinance prohibits medical marijuana cooperatives within the City
of East Wenatchee and includes a work plan for the Planning Commission process to address cooperatives.
II. PROPOSAL ANALYSIS
A. Comprehensive Plan: The Greater East Wenatchee Area Comprehensive Plan (GEWA), reflects the community’s vision. There are no specific references in the
GEWA to this particular land use. These general goals and the policy would support limiting this type of land use in residential areas and allowing them in commercial areas as an economic development opportunity.
Housing and Land Use Chapter. Goal 2. To maintain quality of life in residential neighborhoods by protecting
residential properties from excessive noise, visual, air and water pollution.
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Economic Development Chapter. Goal: Diversity and strengthen the local economy to ensure a sustainable
community for present and future generations.
ED-21 Achieve a mix of uses in the commercial areas to improve the City’s
tax and employment base.
Existing regulations establish buffers of 1,000 between marijuana-related businesses and schools, parks, child day cares, library, recreation facility and
other facilities where children would congregate. They are also prohibited from being established in residential zoning districts, as a home occupation, and within any building including a residence.
As proposed, the zoning code amendments are consistent with the GEWA.
B. Zoning: The Marijuana Code was codified as Chapter 17.60 EWMC. A copy of
the amended Marijuana Code text (Draft Date 7/23/2018) is attached to this staff report as Exhibit A. The document shows the changes that have been made in red strike-out (deleted text) or underline (new text). The following is a summary of the proposed amendments.
• 17.66.050 for Home Occupations was amended to specifically prohibit “cannabis cooperatives”
• 17.60.030 was amended to prohibit cooperatives and provide requirements for individual medical marijuana patient growers. All grow
operations must be indoors and odor controlled.
• All references to “collective gardens” were replaced with “cooperatives”.
• Definitions for “medical use” were added.
• 17.60.060 standards for commercial production and processing of marijuana were amended to include additional guidelines to control odor, waste, and fire protection.
• A violation section was added.
C. Environmental Review: A completed Environmental Checklist, dated December 14, 2016, was prepared by staff. A threshold determination and environmental review in accordance with RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance was issued
on December 14, 2016 with a 14 day comment period. No comments were received indicating that the proposal would result in a significant adverse impact on the environment.
D. State Review: RCW 36.70A.106 requires local agencies to submit a notice of intent to the Washington State Department of Commerce (Commerce) for all
proposed amendments to comprehensive plans and development regulations. Since the proposal is a text amendment unrelated to any Growth Management Act requirements, the City requested expedited review. The proposed amendment was transmitted to Commerce on December 16, 2016.
III. SUMMARY
Planning Staff Comments:
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Staff recommends approval of the proposed amendments to the EWMC and offers Findings of Fact and Conclusions of Law in Section IV of this report for consideration by
the planning commission. The findings and conclusion may be modified as appropriate to support the planning commission’s decision on the proposal.
IV. SUGGESTED FINDINGS AND CONCLUSIONS
A. FINDINGS OF FACT
1. The proposal includes several text amendments to the East Wenatchee Municipal
Code (EWMC) Title 17 – adopting regulations on marijuana related uses; permitting the production, processing and retailing of marijuana as regulated pursuant to Washington State Initiative No. 502 in certain commercial and industrial zoning districts; and prohibiting medical cannabis collective gardens in all zoning districts of the city.
2. Douglas County has adopted city codes for application within the unincorporated areas located inside the urban growth area (UGA) boundary. Any amendments adopted by the city are subsequently adopted by Douglas County. The proposal will be applicable within the commercial zoning districts in the City of East Wenatchee, WA and the commercial and industrial districts in the unincorporated
area of Douglas County within the Greater East Wenatchee Urban Growth Area
3. The City adopted a comprehensive plan in accordance with the Growth Management Act (GMA), RCW Chapter 36.70A, which is a generalized, coordinated land use policy statement of the City and the Urban Growth Area. The Greater East Wenatchee Area Comprehensive Plan (GEWA) includes goals
and policies that encourage protection of residential areas and economic development.
4. Chapters 35A.63 and 36.70A RCW authorize the City to adopt development regulations governing land use activities.
5. In 2012, the voters of the state of Washington passed Initiative 502 legalizing the
recreational use of marijuana. I-502 directed the Liquor Control Board to develop a process for regulating and licensing for marijuana producer, processor and retailers.
6. An Environmental Checklist was prepared by City Staff on December 14, 2016. A threshold determination and environmental review pursuant to RCW 43.21C
the State Environmental Policy Act was completed and a Determination of Non-significance (DNS) was issued on December 14, 2016. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action.
7. In accordance with the provisions of RCW 36.70A, the proposed development
code amendment was transmitted to the Washington State Department of Commerce and other state agencies on December 16, 2016 initiating the state review and comment period and requesting expedited review.
8. Commerce acknowledged receipt of the proposed amendment on December 16, 2016 and assigned the project Material ID#23194.
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9. On January 9, 2017, Commerce transmitted an e-mail approving expedited review.
10. On July 27, 2018, a Notice of Public Hearing was published in the Wenatchee World.
11. The planning staff file of records, including the staff report, noticing documents, and SEPA review documents are admitted into the record.
12. An open record public hearing was held by the East Wenatchee Planning
Commission on August 7, 2018.
13. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference.
14. Public testimony was taken at the hearing. The main concerns expressed were:
B. CONCLUSION OF LAW
1. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project.
2. The proposed text amendment is consistent with and implements the goals and
policies in the comprehensive plan.
3. The proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and the community was given the opportunity to comment on the proposal at duly noticed public workshops and a public hearing.
4. Approval of the proposal will not be detrimental to the public health, safety, and
general welfare.
5. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference
6. Additional conclusions:
Exhibits:
A. Draft Ordinance (Dated 7/23/2018)
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CITY OF EAST WENATCHEE COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Lori Barnett, Community Development Director
Subject: Resolution 2018-13 adopting the 2018 Annual Action Plan for the
Community Development Block Grant Program (CDBG)
Date: July 24, 2018
I. Summary Title: A Resolution of the City of East Wenatchee, Washington, adopting the “City of East Wenatchee Community Development Block Grant 2018 Annual Action Plan” in accordance with the requirements of the U.S. Department of Housing and Urban Development regulations at 24 CFR Part 91 and establishing an effective date.
II. Background/History: The City of East Wenatchee annually receives
CDBG funds from the U.S. Department of Housing and Urban
Development (HUD). Each year, the city adopts an annual action plan
listing the projects or programs that will be funded. The 2018 program year runs from October 1, 2018 through September 30, 2019.
The 2018 Program Year allocation is $132,769. Additionally, there may be up to $20,000 remaining from prior years that can be reprogramed. A combined Notice of Grant Funding Opportunity and Notice of Public Meeting was e-mailed to 29 agencies and individuals
and published in The Wenatchee World in English and in Spanish
requesting submittal of funding applications by June 15, 2018. Two
applications were submitted.
• Housing Authority of Chelan County and the City of Wenatchee
requesting $69,300 to rehabilitate and convert 18 seasonal
housing apartments to year-round units.
• Columbia Valley Housing Association requesting $82,500 for their down Payment Assistance for Low-Income Families program.
At the public meeting held on June 26, 2018, the Council took action to fully fund the Housing Authority request at $69,300 and allocate $63,469 of Program Year 2018 funds and any remaining prior year funds available to the Housing Association homeownership down
payment assistance program:
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Two public hearings are required before the City can adopt the annual action plan. The City Council held public hearings on July 10, 2018 and July 24, 2018 to receive comments on the Draft East
Wenatchee Community Development Block Grant 2018 Annual
Action Plan. No public testimony was offered at either hearing.
III. Recommended Action: Motion to approve Resolution 2018-13
adopting the 2018 Annual Action Plan for the Community
Development Block Grant Program and authorizing the Mayor to sign the associated annual HUD certifications and Applications for Federal Assistance.
IV. Exhibits: Resolution 2018-13 and Exhibit A (East Wenatchee Community
Development Block Grant 2018 Annual Action Plan)
Financial Data: Expenditure Required Amount Budgeted Appropriation Required
$0 $32,040 $0
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Exhibit A
City of East Wenatchee
Community Development Block Grant
2018 Annual Action Plan
Draft Date August 3, 2018
Community Development Department
271 9th Street NE
East Wenatchee, WA 98802
Phone 509-884-5396
Fax 509-884-6233
Adopted by Resolution ____________
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of East Wenatchee is an entitlement community under Title 1 of the Housing and
Community Development Act of 1974 and is eligible to receive Community Development Block
Grant (CDBG) Program funds annually from the U.S. Department of Housing and Urban
Development (HUD). As a result of the 2000 Census, the Wenatchee area was designated as an
urbanized. The cities of Wenatchee and East Wenatchee were granted entitlement status.
Each city separately administers their CDBG programs. East Wenatchee’s CDBG program fiscal
year is October 1 through September 30.
The City Council adopted the 5-year Community Development and Housing Consolidated Plan for 2015 –
2019 (“Consolidated Plan”) on August 11, 2015. The 2018 Annual Action Plan describes how the City will
use HUD formula funds to meet affordable housing and community development needs in the third year
of the Consolidated Plan. This Action Plan is submitted to HUD for approval and to access federal
funding for the City.
The City endeavors to effectively administer and be good stewards of these funds on behalf of HUD, our
partner organizations that help to implement the projects funded by these resources, and the citizens of
East Wenatchee.
2. Summarize the objectives and outcomes identified in the Plan
The City seeks to strengthen the community and further HUD’s goals of providing decent
housing, a suitable living environment, and expanding economic opportunities for low-and
moderate-income residents. The City strives to accomplish these goals by maximizing and
effectively utilizing all available funding resources.
The City has established three strategic priorities: Support accessibility improvements and revitalize
neighborhoods, provide supportive services for people who are homeless and those at risk of
homelessness and Increase and preserve affordable housing. By addressing needs and creating
opportunities, the City hopes to improve the quality of life for all residents. Activities and
outcomes identified in the Plan must meet at least one of HUD's three national goals and one
objective. The City's anticipated accomplishments by outcome indicator are as follows
Objective 1: Support accessibility improvements and revitalize neighborhoods:
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• Review public infrastructure and ADA needs when determining projects
• Purchase, construct and improve public facilities and improvements
Objective 2: Provide supportive services for people who are homeless and those at risk of homelessness:
• Target individuals who meet the chronically homeless definition
• Connect people who are homeless with services, shelter and food
• Provide services for people with special needs
• Promote services that improve overall efficiency of the homeless system
Objective 3: Increase and preserve affordable housing:
• Evaluate options for tax credits and other programs to increase the availability of affordable
housing.
• Continue to work with local housing providers to identify opportunities to increase housing
options and rehabilitate existing housing stock.
3. Evaluation of past performance
The first three years of funds for the 2015-2019 Consolidated Plan were committed to the 5th Street NE
street improvement project. The purpose of the 5th Street NE street improvement project was
rehabilitate this older residential area and provide an improved pedestrian corridor connecting a dense
residential neighborhood with schools and the commercial core. The project included new curb, gutters
and sidewalk; domestic water system improvements; sanitary sewer system improvements; and storm
water system improvements. The project was a joint venture including the City, the East Wenatchee
Water District, and the Douglas County Sewer District. The project is physically complete. Final
acceptance and release of retainage has not occurred. It is anticipated that the project will be
completely closed out by the end of August. The total project cost is estimated at $1,039,983 for design
and construction. Work completed for the Water District and Sewer District totaled $328,813 or 32% of
the total. The City contributed $414,296 or 40% of the total cost. CDBG funds used on the project
totaled $297,874 or 29% of the total project cost.
4. Summary of Citizen Participation Process and consultation process
A Notice of Grant Funding Opportunity and Public Meeting was published in the Wenatchee
World in English and in Spanish on May 27, 2018. Additionally, an e-mailed with the same
information was sent to various agencies on May 24, 2018. It was requested that applications
for use of the funds be submitted to the City by June 15, 2018.
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A public meeting was held by the City Council on June 12, 2018 to discuss the outreach efforts
and potential funding availability. No public comments were received at the meeting.
In response to the Notice of Grant Funding, written requests for funding were received from
the Housing Authority of Chelan County and the City of Wenatchee requesting $69,300 to
rehabilitate and convert 18 seasonal housing apartments to year-round units and a request
from the Columbia Valley Housing Association requesting $82,500 for their Down Payment
Assistance for Low-Income Families program.
The City Council held a public meeting on June 26, 2018 to review the requests for funding and
to make a decision as to the projects and activities that would be funded using the 2018 annual
allocation and other funds remaining from prior years. The Council decision was to fully fund
the Housing Authority request at $69,300 and allocate the $63,469 of Program Year 2018 funds
and any prior year funds available to the Housing Association homeownership down payment
assistance program.
A Notice of Availability and Notice of Public Hearing was published in the Wenatchee World in
English and in Spanish on June 29, 2018. The Draft 2018 Annual Action Plan was available for
review at City Hall and posted on the City’s website. The first public hearing was held by the
City Council on July 10, 2018. No public comments were submitted. The second public hearing
was held by the City Council on July 24, 2018. No public comments were submitted.
5. Summary of public comments
At the June 26, 2018 public meeting, comments were provided by staff of the Housing
Authority of Chelan County and the City of East Wenatchee. No other public comments were
offered. No public comments were submitted at the July 10, 2018 and July 26, 2018 public
hearings.
6. Summary of comments or views not accepted and the reasons for not accepting them
All comments were considered.
7. Summary
As a result of the public outreach process, the Council allocated the majority of the funds for
housing projects.
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant
program and funding source.
Agency Role Name Department/Agency
CDBG Administrator City of East Wenatchee Community Development Department
Table 1 – Responsible Agencies
Narrative
The City of East Wenatchee administers the HUD formula funds covered by the Consolidated Plan and is responsible for its preparation.
Consolidated Plan Public Contact Information
Lori Barnett, Director
Community Development Department
City of East Wenatchee
271 9th St. NE
East Wenatchee, WA 98802
Phone 509.884.5396 Fax 509.886.6113
E-mail: lbarnett@east-wenatchee.com
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City works closely every year with a variety of individuals and organizations to identify gaps in services and identify solutions to
fill those gaps. To supplement this ongoing stakeholder engagement, Commerce conducted two public workshops to discuss and
consider the use of funds, two public hearings and made the draft 2018 Annual Action Plan available for a 30-day public comment
period. Due to the lack of funds available, only a limited consultation process was utilized.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers
and private and governmental health, mental health and service agencies (91.215(l))
The City of East Wenatchee works with the City of Wenatchee since the majority of housing facilities and service providers are located in
Wenatchee. Each year the City coordinates with a variety of service providers addressing the housing, health, and public service needs of citizens
throughout the community. These service providers include numerous local governments, state agencies, grant administrators, nonprofit
organizations, advocacy groups, housing providers, faith-based organizations, and for-profit developers. This continuous effort identified gaps in
services, clarified priorities, and identified solutions for serving the needs of individuals and businesses throughout the community.
Housing Authority of the City of Wenatchee and Chelan County. East Wenatchee does not have public housing but does work with the Housing
Authority of the City of Wenatchee and Chelan County, which operates a multifamily housing complex for farm workers and a facility for migrant
farm workers within the City. The Housing Authority also administers the Section 8 rental assistance program providing tenant vouchers and
veteran vouchers for both counties. A City Councilmember is on the Housing Authority Board.
Chelan Douglas Homeless Task Force. The City is a member of the Homeless Task Force which is comprised of representatives from both
agencies and groups who provide homeless housing, housing services, health services, mental health and substance abuse services, and other
social services. The Task force plays an important role as a regular forum addressing homelessness, access to affordable rental housing, and
support services. The Task Force meets every other month and other times as needed.
Homeless Steering Committee. City staff participates as a member of the Homeless Steering Committee comprised of local elected officials and
community leaders from the two-county area. Wenatchee leads the process. The Steering Committee reviews applications for funding and
makes a recommendation to the Wenatchee City Council for allocation of local and state funds. The Steering Committee meets quarterly and
other times as needed.
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Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically
homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of
homelessness.
The City of East Wenatchee has an interlocal agreement with the City of Wenatchee which is the lead agency for the Plan to End Homelessness
in Chelan & Douglas Counties. Funds generated by state Homeless Housing and Assistance program recording fees collected in Chelan and
Douglas County are remitted to the City of Wenatchee for the Chelan Douglas Consolidated Homeless Grant. Wenatchee is also the lead agency
for Balance of State Continuum of Care funding provided by the Washington State Department of Commerce for both counties. The Homeless
Steering Committee is responsible for identifying funding priorities and making recommendations regarding annual funding allocations.
Wenatchee is the lead for the HMIS reporting system.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds,
develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding,
policies and procedures for the operation and administration of HMIS
The City of East Wenatchee does not receive ESG funds. This region is part of the “Balance of State Continuum of Care”. As the lead agency, the
City of Wenatchee administers its programs and manages its sub grantee agreements, including HMIS administration, in compliance with the
requirements, standards, and policies/procedures established by the Washington State Department of Commerce. The City of East Wenatchee
works closely with Wenatchee and other key partners, providers, and stakeholders to identify priority strategies that guide funding allocations.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s
consultations with housing, social service agencies and other entities
1 Agency/Group/Organization Chelan Douglas Community Action Council
Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
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2 Agency/Group/Organization WOMEN'S RESOURCE CENTER/BRUCE
HOUSING
Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
3 Agency/Group/Organization Housing Authority of Chelan County and City
of Wenatchee
Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by Consultation? Public Housing Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
4 Agency/Group/Organization Columbia Valley Housing Association
Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by Consultation? Public Housing Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
5 Agency/Group/Organization SAGE
Agency/Group/Organization Type Services-Victims of Domestic Violence
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
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6 Agency/Group/Organization Catholic Family & Child Services
Agency/Group/Organization Type Services-Health
Mental Health
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
7 Agency/Group/Organization Aging & Adult Care of Central Washington
Agency/Group/Organization Type Services-Elderly Persons
What section of the Plan was addressed by Consultation? Economic Development
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
8 Agency/Group/Organization United Way of Chelan & Douglas Counties
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by Consultation? Health Services
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
9 Agency/Group/Organization YWCA of Wenatchee Valley
Agency/Group/Organization Type Faith based
What section of the Plan was addressed by Consultation? Faith Based
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Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
10 Agency/Group/Organization Northwest Justice Project
Agency/Group/Organization Type Legal Services
What section of the Plan was addressed by Consultation? Legal Services
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
11 Agency/Group/Organization Chelan Douglas Regional Support Network
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by Consultation? Mental Health
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
12 Agency/Group/Organization Veterans Administration
Agency/Group/Organization Type Other government - Federal
What section of the Plan was addressed by Consultation? Support for Veterans
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
13 Agency/Group/Organization Department of Social & Health Services
Agency/Group/Organization Type Other government - State
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Email
Table 2 – Agencies, groups, organizations who participated
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Identify any Agency Types not consulted and provide rationale for not consulting
No agency types were specifically excluded from consultation.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care City of Wenatchee
Greater East Wenatchee Area
Comprehensive Plan City of East Wenatchee
Goals in the Comprehensive Plan stress the need for sidewalks, and affordable
housing. Recommendations from this plan are being implemented with the 5th
St. project.
2019-2024 Six-Year
Transportation Improvement
Program (TIP)
City of East Wenatchee The TIP includes priorities for street and non-motorized public transportation
improvements.
Parks and Recreation
Comprehensive Plan (2014)
Eastmont Metropolitan
Park District Need for public facilities and improvements identified.
Plan to End Homelessness in
Chelan & Douglas Count City of Wenatchee
CDBG goals were based upon several goals in the plan to reduce the number o
homeless persons, reduce their stay in shelters and transitional units by
increasing permanent housing.
Transportation 2040 The
Regional Transportation Pl
Chelan Douglas
Transportation Council
Need for public transportation improvements and specifically multi-model
options were identified. Recommendations from this plan are being
implemented with the 5th St. project.
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
A Notice of Grant Funding Opportunity and Public Meeting was published in the Wenatchee World in English and in Spanish on May
27, 2018. Additionally, an e-mailed with the same information was sent to various agencies on May 24, 2018. It was requested that
applications for use of the funds be submitted to the City by June 15, 2018.
A public meeting was held by the City Council on June 12, 2018 to discuss the outreach efforts and potential funding availability. No
public comments were received at the meeting.
In response to the Notice of Grant Funding, written requests for funding were received from the Housing Authority of Chelan County
and the City of Wenatchee requesting $69,300 to convert 18 seasonal housing apartments to year-round units and from the
Columbia Valley Housing Association requesting $82,500 for their Down Payment Assistance for Low-Income Families program.
The City Council held a public meeting on June 26, 2018 to review the requests for funding and to make a decision as to the projects
and activities that would be funded using the 2018 annual allocation and other funds remaining from prior years. The Council
decision was to fully fund the Housing Authority request at $69,300 and allocate the $63,469 of Program Year 2018 funds and any
prior year funds available to the Housing Association homeownership down payment assistance program.
A Notice of Availability and Notice of Public Hearing was published in the Wenatchee World in English and in Spanish on June 29,
2018. The Draft 2018 Annual Action Plan was available for review at City Hall and posted on the City’s website. The first public
hearing was held by the City Council on July 10, 2018. No public comments were submitted. The second public hearing was held by
the City Council on July 24, 2018. No public comments were submitted.
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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Legal
Advertisement
General public and
service providers
Non received Non received N/A
2 E-mail notice of
availability and
public hearing
Service providers 2 requests for
funding
2 requests for
funding
N/A
3 June 12, 2018 City
Council Public
Meeting
General public and
service providers
Non received Non received N/A
4 June 26, 2018 City
Council Public
Meeting
General public and
service providers
2 persons attended
and addressed
Council
Explanation of
request for funding
by the Housing
Authority
N/A
5 Legal
Advertisement
General public and
service providers
Non received Non received N/A
6 July 10, 2018 City
Council Public
Hearing
General public and
service providers
Non received Non received N/A
7 June 24, 2018 City
Council Public
Hearing
General public and
service providers
Non received Non received N/A
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Including the funds remaining from previous years, the City may have up to $152,769 for the
2018 Program Year. At the public meeting held on June 26, 2018 Council considered two
applications for funding. The Council took action to allocate the funds to the following
projects and activities:
$10,000 for City CDBG planning and administrative activities
$69,300 for the Housing Authority of Chelan County and the City of East Wenatchee to
rehabilitate and convert 18 seasonal housing apartments at their Heritage Glen project located
at 665 3rd St. NE, East Wenatchee, to year-round units. The project will result in 16 one-
bedroom apartments and 2 two-bedroom apartments for year-round use for eligible
farmworkers. The project includes unit rehabilitation including new bathroom cabinets,
replacement of flooring and countertops, new closets and other improvements to prepare
them for year-round use.
$73,469 to the Columbia Valley Housing Association for their Down Payment Assistance for
Low-Income Families program. The funding is estimated to provide down payment assistance to
at least 3 low-income households for the purchase of a home.
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Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public
-
federal
Admin and
Planning
Housing Public
Improvements
Homeownership
Assistance
132,769 20,000 152,769 262,769 Prior year
resources
are
estimates,
since the
2017
program
year is still
underway
as of the
Action
Plan's
publication
date.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local
funds), including a description of how matching requirements will be satisfied
The City leverages CDBG funds with local funds, and when available, federal and state funds.
The homeownership program includes funds from the purchaser’s bank or mortgage company.
The CDBG funds generally provide between 5 and 8% of the cost of the home.
If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
Other than streets, stormwater facilities, small passive recreation areas, and the City Hall
Campus, the city does not own any property that could be used to address needs that were
identified in the Consolidated Plan.
Discussion
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort Order Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
3 Increase and
preserve
affordable
housing
2018 2019 Affordable
housing
City Support
efforts to
increase
affordable
housing
$132,769 Rental Housing rehabilitation
18 units
Homeowner downpayment
assistance 3 households
Table 6 – Goals Summary
Goal Descriptions
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Projects
AP-35 Projects – 91.220(d)
Introduction
The 2018 Annual Action Plan includes the following projects in accordance with the goals in the Consolidated Plan.
Projects
# Project Name
1 Planning and Administration
2 Rehabilitation and conversion of 18 seasonal farmworker housing apartments year-round
apartments
3 Downpayment assistance for qualifying homebuyers
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The priorities address badly needed assistance to low income households to provide affordable housing
options in the rental market as well as homeownership.
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AP-38 Project Summary
Project Summary Information
1. $10,000 for City CDBG planning and administrative activities
2. $69,300 for the Housing Authority of Chelan County and the City of East Wenatchee to rehabilitate and convert 18 seasonal
housing apartments at their Heritage Glen project located at 665 3rd St. NE, East Wenatchee, to year-round units. The project will
result in 16 one-bedroom apartments and 2 two-bedroom apartments for year-round use for eligible farmworkers. The project
includes unit rehabilitation including new bathroom cabinets, replacement of flooring and countertops, new closets and other
improvements to prepare them for year-round use.
3. $73,469 to the Columbia Valley Housing Association for their Down Payment Assistance for Low-Income Families program. The
funding is estimated to provide down payment assistance to at least 3 low-income households for the purchase of a home.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
The rehabilitation and conversion project is located in an existing low-income housing project.
The homeownership downpayment assistance program is city wide and only open to
households that qualify under income guidelines.
Geographic Distribution
Target Area Percentage of Funds
City-wide 100%
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
The city does not allocate funds or investments geographically. This is a small community.
Discussion
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
One Year Goals for the Number of Households to be Supported
Homeless
Non-Homeless
Special-Needs
Total
Table 9 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through
Rental Assistance
The Production of New Units
Rehab of Existing Units 18
Acquisition of Existing Units 3
Total 21
Table 10 - One Year Goals for Affordable Housing by Support Type
Discussion
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AP-60 Public Housing – 91.220(h)
Introduction
East Wenatchee does not have any traditional public housing projects. However, the Housing
Authority of Chelan County & the City of Wenatchee provides a range of housing and housing
support services including:
• Section 8 tenant-based housing vouchers
• Section 8 Family Self-Sufficiency program
• HUD Veterans Affairs Supportive Housing Vouchers
• Agricultural & migrant housing
Within the City of East Wenatchee, the Housing Authority owns and operates 35 units of
housing (17 year-round units and 18 seasonal units) for low-income farmworkers. That project
was funded by USDA Rural Development. In addition to the housing within the City, the Housing
Authority owns and operates 25 units of housing for year-round agricultural workers located
just north of the City Limits. The project was developed with Housing Tax Credits through the
Housing Finance Commission, funding from the Housing Trust Fund and Douglas Co. 2060
funds. The project serves families making 30%, 40% and 50% of median income. Adjacent to
that project is 24 units of housing for seasonal farmworkers (120 beds). The project was
developed and subsidized through USDA RD and Housing Trust Fund and serves very low
income individuals.
Actions planned during the next year to address the needs to public housing
No actions are planned.
Actions to encourage public housing residents to become more involved in management and
participate in homeownership
The Housing Authority holds monthly or bi-monthly resident meetings at all of their projects. In
addition they offer their tenants a self-sufficiency educational program which includes
information on money management, home care, and life skills.
If the PHA is designated as troubled, describe the manner in which financial assistance will be
provided or other assistance
The Housing Authority is not designated as troubled.
Discussion
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2018 Annual Action Plan
22
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
The Ten Year Plan to End Homelessness in Chelan & Douglas Counties establishes a two, county
strategies aimed at ending homelessness. The strategies of the Ten Year Plan are adopted as part of the
Consolidated Plan to provide further guidance to homeless providers and community funders in
planning for increasing, and better coordinating, the resources of the community in this effort. The City
will not designate specific CDBG funds to homeless or housing projects. However, the funds allocated for
public services could be used for services that help people avoid becoming homeless and help the
homeless overcome barriers to finding housing.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness
including
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City works with the City of Wenatchee and local housing and service providers as a member of the
Homeless Task Force. The new Coordinated Entry System was developed with the assistance of a sub-
committee of that group. The Coordinated Entry System is one stop access point for people who are
homeless or at risk of becoming homeless to connect them with emergency shelter and transitional
housing agencies as well as service providers.
Addressing the emergency shelter and transitional housing needs of homeless persons
The City works with the City of Wenatchee and local housing and service providers as a member of the
Homeless Task Force. Although East Wenatchee has only one transitional shelter that is available to
women and families, there are year round emergency shelters for individuals and families in Wenatchee
through a partnership with faith-based and other community organizations. The City of East Wenatchee
has an interlocal agreement for the use of the deed recording fees administered through the City of
Wenatchee to support homeless housing and support services.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The City works with the City of Wenatchee and local housing and service providers as a member of the
Homeless Task Force. An effort is underway to establish a “housing first” model to facilitate housing of
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2018 Annual Action Plan
23
OMB Control No: 2506-0117 (exp. 06/30/2018)
the homeless. This model is focused on helping people quickly gain stable housing and then offer them
the supportive services that they need to thrive. For chronically homeless individuals this means
permanent supportive housing which uses the housing first model and for families with children it
means rapid rehousing with a progressive engagement model. Currently there are no homeless facilities
specifically for unaccompanied youth. One of the services offered locally is eviction intervention. The
city will be investigating whether those services are in need of funds and eligible for the funds that have
been set aside for public services.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: being discharged from publicly
funded institutions and systems of care (such as health care facilities, mental health facilities,
foster care and other youth facilities, and corrections programs and institutions); or, receiving
assistance from public or private agencies that address housing, health, social services,
employment, education, or youth needs.
East Wenatchee participates with the Homeless Task Force and area service providers to enhance the
community’s comprehensive Continuum of Care (CoC) system to end as well as prevent homelessness.
Several agencies have programs devoted to homelessness prevention such as assisting people who are
in jeopardy of being evicted. The Chelan County Regional Justice Center operates a facility for individuals
being released from detention to ensure that people are not discharged into homelessness.
Discussion
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2018 Annual Action Plan
24
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
Through the Homeless Steering Committee and the Douglas County Regional Council, the City of East
Wenatchee works with the City of Wenatchee and other jurisdictions to award funds under the Douglas
County Regional Affordable Housing Program Fund and the Wenatchee Low-Income Housing Fund. Due
to the small amount of money collected annually for the Douglas County Regional Affordable Housing
Program Fund, those funds are awarded every two years. The Wenatchee Low-Income Housing Funds
are awarded on an annual basis.
Another ongoing process is the Affordable Housing Solutions Group effort sponsored by the Our Valley
Our Future group. Our Valley’s Regional Housing Approach Game-Changer called for a coalition of key
stakeholders to address the region’s critical housing market issues, including housing availability and
affordability, and to advance local coordination and collaboration on a long- term regional approach to
housing, involving a broad cross-section of organizations and interests. The task of this coalition was to
research, recommend and support implementation of new housing market policies and tools. The City is
a member of the Core Team for that group and has been participating in efforts with local citizens,
business owners, realtors, and developers.
Actions it planned to remove or ameliorate the negative effects of public policies that serve
as barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment
The Comprehensive Plan also has specific goals and policies as a guide to increase the amount of
affordable housing. The City has infill and accessory dwelling ordinances that allow for relaxed lot
coverage and setbacks requirements to encourage development on underutilized lands. The City has
identified potential update to the development regulations in an effort to encourage higher density
residential development by reducing lot size requirements and setbacks and increasing lot coverage
thereby providing incentives for affordable housing. The City will be evaluating options to increase
affordable housing with additional changes to development regulations and will explore options for tax
incentives.
Discussion:
The decision to utilize the 2018 CDBG program funds for housing was a conscious effort on the City’s part to support an affordable housing initiative.
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2018 Annual Action Plan
25
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-85 Other Actions – 91.220(k)
Introduction:
The City of East Wenatchee has multiple strategies to meet the needs of the community. Due to the
small annual allocation of CDBG funds, the City does not generally use those funds for projects other
than street improvements.
Actions planned to address obstacles to meeting underserved needs
While the City has pursued a variety of strategies to impact the identified needs of the community, the
primary obstacle to meeting the underserved needs is the lack of sufficient financial resources
Actions planned to foster and maintain affordable housing
The City fosters and maintains affordable housing by:
• Providing street improvements that benefit low-moderate income neighborhoods;
• Work with agencies and organization that provide Tenant based Rental Assistance and housing
services;
• Evaluate options supporting projects using the low-income tax credit program and/or instituting
a multi-family tax abatement program;
• Preserve the housing stock in the City of East Wenatchee through support of other publicly and
privately funded housing agencies;
• Support projects proposed that utilize low income tax credit financing in order to make rental
more affordable;
• Providing funding for rehabilitation of public housing units to convert them to year-round use;
• Providing downpayment assistance for low income homebuyers
Actions planned to reduce lead-based paint hazards
The Community Development Department/Building-Code Compliance section on the City web site
includes a “Lead Based Paint Alert” page with links to various publications relating to identifying and
abating lead based paint hazards.
Actions planned to reduce the number of poverty-level families
There were 668 people (5%) in East Wenatchee living below the poverty level, according to the 2007-
2011 American Community Survey. The City’s overall goal is to reduce the number and percentage of
persons living in poverty. The City works with the community’s businesses and the workforce
development programs, to promote job training opportunities for low income persons. The City will
work with and support agencies and public services programs aimed at increasing self sufficiency for
08/14/2018 Council Meeting Agenda Packet Page 164 of 244
2018 Annual Action Plan
26
OMB Control No: 2506-0117 (exp. 06/30/2018)
low-income families and individuals.
The following strategies, consistent with City’s overall Consolidated Plan strategies, will play a major role
in combating poverty:
• Support community vitality through activities that promote a diverse economic base and family
wage jobs, while providing opportunities for low and moderate income people to become
financially independent;
• Support housing and services to assist homeless people to reach self sufficiency;
• Support activities which bring additional businesses, new industries, and jobs into the
community.
Actions planned to develop institutional structure
The City does not have the resources to develop a separate institutional structure. The City works with
local providers who already have the expertise and institutional structure to meet the needs of the
community.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of East Wenatchee staff serves on the Homeless Housing Task Force and the Homeless Steering
Committee. The City will continue to coordinate with local housing and service providers to meet the
needs for the regions’ low income populations.
Discussion:
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2018 Annual Action Plan
27
OMB Control No: 2506-0117 (exp. 06/30/2018)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the next
program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to
address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not
been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that
benefit persons of low and moderate income. Overall Benefit - A consecutive
period of one, two or three years may be used to determine that a minimum
overall benefit of 70% of CDBG funds is used to benefit persons of low and
moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
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Appendix 1
Community Development Block
Grant Program
2018 Annual Action Plan
Citizen Participation
&
Consultation Process
08/14/2018 Council Meeting Agenda Packet Page 167 of 244
From:Lori Barnett
To:"Abigail Snyder"; Alan Walker; "Alicia McRae"; "Anne Rainbolt"; "Bernita Landers"; "Beth Stipe"; "CarolMcCormick"; "Charlene Woodward"; "Deb Miller"; "Deb Murray"; "Dee Anne De Angelo"; "Jill Dempsey"; "JoannePalmer"; "Karen Purdue"; "Kathy Ochs"; "Kimberly Castle "; "Laurel Turner"; "leonora.kniffen@va.gov"; "LindaPrice (LindaP@cdcac.org)"; "Lola Velazquez"; "Mary Jane Gurnard"; "Mary Zavala"; "Pam Draggoo"; "PatrickPleas"; "Ruben Ruelas"; Sandra Van Osten; "Sherri Schneider"; "Steve King"; "Tamara Cardwell"
Subject:Notice of 2018 CDBG Grant Funding Opportunity
Date:Thursday, May 24, 2018 12:02:00 PM
To: Interested Organizations
COMMUNITY DEVELOPMENT BLOCK GRANT 2018 ANNUAL ACTION PLAN
NOTICE OF GRANT FUNDING OPPORTUNITY AND PUBLIC MEETING
The City of East Wenatchee anticipates receiving $132,769 in U.S. Department of Housing
and Urban Development (HUD) Community Development Block Grant (CDBG) funds for
the 2018 Program Year that runs from October 1, 2018 through September 30, 2019. The
City is initiating development of the 2018 Annual Action Plan which describes the funding
decisions for use of the CDBG funds. The funding must be spent during that time period.
The City has four objectives for the use of CDBG funds: accessibility improvements that
revitalize neighborhoods, supportive services for homeless individuals and families,
promoting fair housing, and increasing and preserving affordable housing. In accordance
with the 2015-2019 Community Development & Housing Consolidated Plan, the City
Council has designated the 2018 Program Grant to support housing projects and programs.
The funds must be used to benefit low and moderate-income residents and must be spent
on projects located within the City.
The City typically contracts with outside agencies as sub-recipients for the use of these
funds. If you have projects or programs that would meet those objectives, please submit a
letter of request including the following information:
1. Organization’s Name, Complete address, Phone Number, and DUNS number;
2. Complete contact information of grant applicant or responsible party (include
name, e-mail, mailing address, and phone number);
3. Project description, cost estimates, matching funding, engineering completed
or required, and a schedule.
Examples of projects the City has previously funded included: street improvement projects,
down payment assistance for homebuyers, and removal of ADA barriers.
Please send all letters to Lori Barnett, East Wenatchee Community Development
Department, 271 9th Street NE, East Wenatchee, WA 98802. Faxed or e-mailed inquiries
will also be considered: Fax 509.884-6233, E-mail Lbarnett@east-wenatchee.com. Letters
must be received by June 15, 2018.
The East Wenatchee City Council will hold a public meeting at their June 26, 2018 meeting
to discuss the 2018 CDBG Annual Action Plan. The meeting starts at 6:30 PM in the
Council Chambers at East Wenatchee City Hall, 271 9th St. NE, East Wenatchee, WA. The
CDBG public meeting is part of the regular agenda and will begin after the meeting has
convened.
It is the City’s policy to assure that no person, with a disability or on the grounds of race,
color, national origin or sex, is excluded from participation in any city activity. We invite any
person with special needs, including disability accessibility or interpreter services, to
contact Maria Holman, City Clerk, at 509.884-9515 at least 3 working days before the
08/14/2018 Council Meeting Agenda Packet Page 168 of 244
meeting to discuss any special accommodations which may be necessary. Citizens with
hearing impairments may call the Washington Relay Service TDD line at (800) 833-6388.
Please feel free to contact me with questions or to discuss potential CDBG projects
and activities.
Lori Barnett, DirectorCity of East Wenatchee
Community Development Department
271 9th St. NE
East Wenatchee, WA 98802
Phone 509.884.5396 Fax 509.884.6233
NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail
account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant
to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 1 of 3
East Wenatchee City Council Meeting
Tuesday, June 12, 2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
AGENDA
6:00 p.m. Executive Session
Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for
excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session
may be extended to a stated later time by an announcement of the presiding officer.
RCW 42.30.110 (1)(h) To evaluate the qualifications of a candidate for appointment to elective
office.
6:30 p.m. Regular Meeting.
1. Call to Order, Roll Call and Pledge of Allegiance.
2. Consent Items:
a. 05-22-2018 Council Meeting Minutes.
b. 05-24-2018 Council Workshop Meeting Minutes.
c. 06/05/2018 Council Special Meeting Minutes.
Vouchers:
May 2018 Payroll Certification.
June 12,2018, Checks: 25542637; 50181-50183; 50206-50306, in the amount of
$390,816.47.
Motion to approve agenda, vouchers, and minutes from previous meetings.
3. Citizen Requests/Comments.
The “Citizen Comments” period is to provide the opportunity for members of the public to address the Council on items either not
on the agenda or not listed as a public hearing. The Mayor will ask if there are any citizens wishing to address the Council. When
recognized, please step up to the microphone, give your name and mailing address, and state the matter of your interest. If your interest is an agenda item, the Mayor may suggest that your comments wait until that time. Citizen comments will be limited to three minutes.
4. Public Meeting: 2018 CDBG allocation and 2018 Annual Action Plan.
Public meeting for a discussion of projects to be funded from the 2018 Community
Development Block Grant (CDBG) Program allocation and included in the 2018 Annual
Action Plan.
5. Presentations.
a. Selection of vacant council position, City Council.
08/14/2018 Council Meeting Agenda Packet Page 172 of 244
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at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 2 of 3
6. Department Report.
a. Public Works Report provided by Tom Wachholder, Project and Development
Manager.
7. Mayor’s Report.
8. Action Items.
a. Resolution 2018-11, A Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to sign “Amendment #2 to Trail Lease” with the Washington
State Department of Transportation amending the Leased Premises used for the
Apple Capital Loop Trail. Presented by Lori Barnett, Community Development
Director.
Motion by City Council to approve Resolution 2018-11 and authorize the Mayor to
sign “Amendment #2 to Trail Lease” with the Washington State Department of
transportation amending the Leased Premises used for the Apple Capital Loop
Trail.
b. Gateway Park Project – Council decision whether to: (a) approve the modified design
with the increased cost; (b) amend the SCJ Alliance contract to include additional
design and bid support, and (c) authorize staff to rebid the project.
Presented by Lori Barnett, Community Development Director.
Motion by City Council to approve the Value Engineering Review design
modification with an increase in the construction cost threshold to $516,821.
Motion by City Council to approve the Mayor’s signature on the SCJ Alliance
Contract Amendment #1 for Design Revisions and Bid
Advertisement #2 for $4,112.
Motion by City Council to authorize staff to rebid this project in winter for a
spring of 2019 construction timeline.
c. East Wenatchee Municipal Court and Pacific Securities Agreement for Security
Services.
Presented by Mary Beth Phillips, Court Administrator.
Motion by City Council authorizing Judge Crowell, to sign and enter into an
Agreement with Pacific Security, for courtroom security services.
08/14/2018 Council Meeting Agenda Packet Page 173 of 244
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at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 3 of 3
d. 2018 RH2 Engineering General Services Contract Amendment No. 1.
Presented by Tom Wachholder, Project Development Manager.
Motion by City Council to authorize the Mayor to sign the 2018 RH2 Engineering
Service Contract Amendment No.1.
e. Temporary construction, TIB, 5th Street Overlay.
Presented by Tom Wachholder, Project and Development Manager.
Motion by City Council to authorize the Mayor to sign the Temporary
Construction Permit associated with the City of East Wenatchee and the
Wenatchee Valley Mall.
9. Council Reports & Announcements.
a. Reports/New Business of Council Committees
10. Adjournment.
08/14/2018 Council Meeting Agenda Packet Page 174 of 244
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accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 1 of 5
East Wenatchee City Council Meeting
Tuesday, June 12,2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Steven Lacy Devin Poulson, City Attorney
Councilmember John Sterk Lori Barnett, Community Development Director
Councilmember Harry Raab Tom Wachholder, Project Manager
Councilmember Chuck Johnson Nick Gerde, Finance Director
Councilmember Jerrilea Crawford Randy Harrison, Police Chief
Councilmember Timothy J. Detering Mary Beth Phillips, Court Administrator
Councilmember Matthew Hepner
6:00 p.m. Executive Session
Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for
excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session
may be extended to a stated later time by an announcement of the presiding officer.
RCW 42.30.110 (1)(h) To evaluate the qualifications of a candidate for appointment to elective
office.
6:30 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1. City Council selection of vacant council position.
Temporary appointment ending 12/31/2019, Position 5, replacing Sandra McCourt.
a. Motion to nominate Chris Goehner for the City Council by Councilmember Matt
Hepner. Councilmember Tim Detering Seconded the Motion.
The motion failed (2-4 Councilmembers Harry Raab, John Sterk, Jerrilea Crawford,
and Cuck Johnson).
b. Motion to nominate Shayne Magdoff for the City Council by Councilmember Chuck
Johnson. Councilmember Harry Raab Seconded the Motion.
The motion passed (5-1 Councilmember Matt Hepner abstained)
08/14/2018 Council Meeting Agenda Packet Page 175 of 244
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accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 2 of 5
2. Consent Items:
Motion to approve agenda, vouchers, and minutes from previous meetings.
• Motion to approve consent items by Councilmember Chuck Johnson.
Councilmember Tim Detering seconded the motion. Motion carried. (6-0)
3. Citizen Requests/Comments.
Carrie Kilgo, 1550 #A Cashmere Street, Wenatchee, WA 98801, daughter of Susan Stouts
requested the City Council to allow Susan to sell asparagus on City property between
Safeway and Costco. Lori Barnett, the Community Development Director for the City,
commented in regards to City of East Wenatchee Municipal Code. The Mayor asked staff
to do research and bring information to Council Workshop or Council Meeting for
discussion.
Comments provided by Councilmember Jerrilea Crawford and by Mayor Lacy.
4. Public Meeting:
The Mayor opened the Public Meeting regarding the 2018 CDBG allocation and the 2018
Annual Action Plan. The public meeting was held to discuss projects to be funded from
the 2018 Community Development Block Grant (CDBG) Program allocation and included
in the 2018 Annual Action Plan.
Community Development Director Lori Barnett provided the annual staff report. Mrs.
Barnett reported on the 5-year consolidated plan, including information on one request
received for CDBG funds. A list of potential uses will be included in the draft annual
action plan. The meeting opened and closed, with no comments received.
5. Department Report.
a. Project Development Manager Tom Wachholder provided a Public Works
Construction Report.
i. Mayor Lacy asked Tom Wachholder to research whether any residential
street lights are privately paid inside the City and if City may want assume
responsibility for going forward.
Comments provided by Councilmember Chuck Johnson and by Mayor Lacy.
6. Mayor’s Report.
a. Mayor Lacy announced that the City hired a Natural Resource Specialist, Clayton
Vererellen.
b. Mayor Lacy shared that he is on the Homeless Steering Committee which makes
recommendations for the use of homeless funds in our area. The City is combined
regionally with the Homeless Housing Task Force, made up of local agency
representatives. They discovered that the current Interlocal agreement is outdated
08/14/2018 Council Meeting Agenda Packet Page 176 of 244
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accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 3 of 5
and it is likely that an updated interlocal agreement will be coming before the
Council soon.
c. Mayor Lacy shared that he attended the College Foundation Strategic Planning
Process Meeting. He also shared that Wenatchee Valley College plans to build a new
building that will be named “Wells Hall” and their funding needs for the building.
The Mayor also provided information on the “College Promise”, a grant program for
students that cannot afford College. The Mayor will keep the Council informed on
the Wenatchee Valley College’s strategic planning.
Comments by Councilmembers Tim Detering and Matt Hepner.
7. Action Items.
a. Resolution 2018-11, A Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to sign “Amendment #2 to Trail Lease” with the Washington
State Department of Transportation amending the Leased Premises used for the
Apple Capital Loop Trail.
Staff report by Community Development Director Lori Barnett
Comments provided by Councilmember John Sterk.
Motion to approve Resolution 2018-11 and authorize the Mayor to sign
“Amendment #2 to Trail Lease” with Washington State Department of
Transportation amending the Leased Premises used for the Apple Capital Loop
Trail by Councilmember Tim Detering. Councilmember Jerrilea Crawford seconded
the motion. Motion carried (6-0)
b. Gateway Park Project – Council decision whether to: (a) approve the modified
design with the increased cost; (b) amend the SCJ Alliance contract to include
additional design and bid support, and (c) authorize staff to rebid the project.
Staff report by Lori Barnett, Community Development Director.
Comments provided by Councilmembers John Sterk, Harry Raab, Tim Detering, Chuck
Johnson, and Jerrilea Crawford and by Lori Barnett, Community Development
Director.
Motion to approve the Value Engineering Review design modification with an
increase in the construction cost threshold to $516,821 for the Gateway Project by
Councilmember Tim Detering. Councilmember Matt Hepner seconded the motion.
Motion FAILED (3-3, Councilmembers Chuck Johnson, John Sterk, and Harry Raab)
08/14/2018 Council Meeting Agenda Packet Page 177 of 244
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at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 4 of 5
c. East Wenatchee Municipal Court and Pacific Securities Agreement for Security
Services.
Staff report by Court Administrator Mary Beth Phillips
Comments by Councilmembers Jerrilea Crawford and John Sterk.
Motion to authorize Judge Crowell, to sign and enter into an agreement with
Pacific Security, for courtroom security services by Councilmember Tim Detering.
Councilmember Chuck Johnson seconded the motion. Motion carried (6-0)
d. 2018 RH2 Engineering General Services Contract Amendment No. 1.
Staff Report by Project Development Manager Tom Wachholder.
Motion to authorize the Mayor to sign the 2018 RH2 Engineering Service Contract
Amendment No.1 by Councilmember Chuck Johnson. Councilmember Harry Raab
seconded the Motion. Motion carried (6-0)
e. Temporary construction, TIB, 5th Street Overlay.
Staff Report by Project Engineer Tom Wachholder.
Motion to authorize the Mayor to sign a Temporary Construction Permit
associated with the City of Wenatchee and the Wenatchee Valley Mall by
Councilmember Jerrilea Crawford. Councilmember John Sterk seconded the
motion. Motion carried (6-0)
8. Council Reports & Announcements.
a. Councilmember Tim Detering reported on attending the Salcido Data Center Building
on June 09, 2018 and on the need for educating the Council on cryptocurrency and
blockchain technology. Council and Mayor requested staff to research about
training for the Council.
Comments provided by Chuck Johnson, Matt Hepner, and Mayor Lacy.
b. Councilmember John Sterk informed the Council that he would be absent the next
City Council meeting on Tuesday, June 26, 2018.
c. Councilmember Chuck Johnson informed the Council that he would be at the AWC
Annual Convention and will be absent the next City Council Meeting.
d. Councilmember Jerrilea Crawford reported on Rivercom 911, and a facility needs
assessment taking place including radio towers. She will keep staff updated.
08/14/2018 Council Meeting Agenda Packet Page 178 of 244
08/14/2018 Council Meeting Agenda Packet Page 179 of 244
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accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 1 of 2
East Wenatchee City Council Meeting
Tuesday, June 26, 2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
AGENDA
6:30 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1. Administration of Oath of Office.
a. Mayor administers Oath of Office to newly appointed Councilmember Shayne
Magdoff.
2. Consent Items:
a. 06-12-2018 Council Meeting Minutes
Vouchers:
b. June 26,2018, Checks: 50314 – 50367, in the amount of $160,927.18
Motion to approve, agenda, minutes for previous meetings and vouchers from.
3. Citizen Requests/Comments.
The “Citizen Comments” period is to provide the opportunity for members of the public to address the
Council on items either not on the agenda or not listed as a public hearing. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone, give
your name and mailing address, and state the matter of your interest. If your interest is an agenda item,
the Mayor may suggest that your comments wait until that time. Citizen comments will be limited to
three minutes.
4. Public Meeting: 2018 CDBG allocation and 2018 Annual Action Plan.
Public meeting for discussion and decision on projects to be funded from the 2018
Community Development Block Grant (CDBG) Program allocation and included in the
2018 Annual Action Plan.
Motion by Council to allocate $10,000 for City CDBG administrative functions and the remaining $142,769 for the proposed projects.
5. Presentations.
a. 10 Year Public Service Award, Nick Gerde, Finance Director.
08/14/2018 Council Meeting Agenda Packet Page 180 of 244
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 2 of 2
6. Department Report.
a. Community Development Report provided by Lori Barnett, Community Development
Director.
b. Finance Department Report provided by Nick Gerde, Finance Director.
7. Mayor’s Report
8. Action Items.
a. Resolution 2018-12, A Resolution of the City of East Wenatchee, Washington
adopting a Six-Year Transportation Improvement Program for 2019-2024, directing
the City Clerk to file this Resolution with the Secretary of Transportation, and
containing an effective date.
Presented by Lori Barnett, Community Development Director.
Motion by City Council to approve Resolution 2018-12 adopting a Six-Year
Transportation Improvement Program for 2019-2024.
a. Conditional award to Granite Construction of Wenatchee for the construction of FY
2019 Overlay Project on S. Kentucky Ave./5th St NE Overlay Project subject to
Transportation Improvement Board (TIB) approval.
Presented by Lori Barnett, Community Development Director.
Motion by City Council to conditionally award the construction contract for the FY
2019 Overlay Project for S. Kentucky Ave. and 5th St NE bid to Granite Construction
of Wenatchee and authorize the Mayor’s signature on the contract contingent
upon the approval of the Transportation Improvement Board.
9. Council Reports & Announcements.
a. Reports/New Business of Council Committees
10. Adjournment.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 1 of 2
East Wenatchee City Council Meeting
Tuesday, July 10,2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
AGENDA
6:30 p.m. Regular Meeting
1.Call to Order, Roll Call and Pledge of Allegiance.
2.Consent Items:
a.Vouchers:
07/10/2018, Checks: 50372-50373; 50383-50443, and voided checks: 50341; 50370;
50371 in the amount of $250,850.02.
b.06/26/2018 Council Meeting Minutes
Motion to approve agenda, vouchers, and minutes from previous meetings.
3.Citizen Requests/Comments.
The “Citizen Comments” period is to provide the opportunity for members of the public to address the Council on
items either not on the agenda or not listed as a public hearing. The Mayor will ask if there are any citizens wishing to
address the Council. When recognized, please step up to the microphone, give your name and mailing address, and
state the matter of your interest. If your interest is an agenda item, the Mayor may suggest that your comments wait
until that time. Citizen comments will be limited to three minutes.
4.Public Hearings.
The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, Staff will first give a report, followed then by public testimony. All speakers must speak into the microphone and clearly state their names and addresses. All comments should be addressed to the hearing body, should be relevant to the topic, and should not be of a personal nature. Public
testimony may be limited to three minutes unless further time is granted by the Mayor. If there are a large number of speakers, a
representative may be appointed to speak on behalf of the group.
•The first public hearing for the Community Development Block Grant (CDBG)
Program 2018 Annual Action Plan.
Presented by Lori Barnett, Community Development Director.
5. Presentations.
a.Report by interim Executive Director Darrell Dickeson of the Wenatchee Valley
Museum and Cultural Center.
6.Department Report.
a.Public Works Report provided by Tom Wachholder, Project Development Manager.
b.Finance Department 2018 Budget Amendment Report provided by Nick Gerde,
Finance Director
08/14/2018 Council Meeting Agenda Packet Page 187 of 244
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 2 of 2
7.Mayor’s Report.
a.Introduction of new staff member Clayton Verellen, Natural Resource Specialist.
b.Update to Council regarding Events Department storage shed project.
c.Update to Council regarding the potential of the City to take over the payment
for streetlights that are currently being paid by private individuals.
8.Action Items.
a.5th Street NE Sidewalk and Stormwater Improvements Project change
order # 6 (Winter Shutdown/Spring Startup) and change order # 7 (Unforeseen
Irrigation Repairs).
Presented by Tom Wachholder, Project Development Manager.
Motion for City Council to authorize the Mayor to sign change order #6 in the
amount of $10,000; and change order #7 in the amount of $20,000 for the 5th
Street NE Sidewalk and Stormwater Improvements Project.
9.Council Reports & Announcements.
a.Reports/New Business of Council Committees
10.Adjournment.
08/14/2018 Council Meeting Agenda Packet Page 188 of 244
East Wenatchee City Council Meeting
Tuesday, July 10,2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Steven Lacy Devin Poulson, City Attorney
Councilmember John Sterk Lori Barnett, Community Development Director
Councilmember Harry Raab Tom Wachholder, Project Manager
Councilmember Chuck Johnson Nick Gerde, Finance Director
Councilmember Jerrilea Crawford Randy Harrison, Police Chief
Councilmember Timothy J. Detering Clayton Verellen, Natural Resource Specialist
Councilmember Matthew Hepner Maria Holman, City Clerk
6:30 p.m. Regular Meeting
1. Call to Order, Roll Call and Pledge of Allegiance.
Motion to excuse Councilmember Magdoff by Councilmember Detering.
Councilmember Crawford seconded the motion. Motion carried (6-0)
2. Consent Items:
Motion to approve agenda, vouchers, and minutes from previous meetings.
a. 07/10/2018, Checks: 50372-50373; 50383-50443, and voided checks: 50341; 50370;
50371 in the amount of $250,850.02.
b. 06/26/2018 Council Meeting Minutes.
Motion to approve consent items by Councilmember Detering. Councilmember Hepner
seconded the motion. Motion carried (6-0).
3. Citizen Requests/Comments. None
4. Public Hearing.
The first public hearing for the Community Development Block Grant (CDBG) Program
2018 Annual Action Plan.
Lori Barnett, Community Development Director, provided information to the public.
No comments received from the public, hearing closed.
08/14/2018 Council Meeting Agenda Packet Page 189 of 244
5. Presentations.
a. Interim Executive Director Darrell Dickeson of the Wenatchee Valley Museum and
Cultural Center came before Council to provide an update on 2017 Annual Report
and what is going on with the Museum as required by the City agreement with the
Museum.
Comments provided by Councilmember Detering, Councilmember Hepner,
Councilmember Sterk, and Mayor Lacy.
Councilmembers Crawford and Detering provided positive feedback about what the
Museum offers the community.
6. Department Report.
a. Project Development Manager Tom Wachholder provided a Public Works Report.
i. Tom Wachholder introduced new staff member Clayton Verellen, Natural
Resource Specialist.
Comments provided by Mayor Lacy, Councilmember Hepner, Councilmember
Crawford, Councilmember Hepner, and Councilmember Crawford.
ii. Mayor Lacy updated the Council regarding the potential of the City taking
over the payment for streetlights that are currently being paid by private
individuals. The Mayor clarified that it would be the lights that illuminate the
City right-of-way only. This topic will be presented to Council at a later date.
b. Finance Director Nick Gerde provided a June Financial update to Council. Mr. Gerde
also informed the Council regarding the budget amendment that will be on the next
Council Meeting Agenda.
Comments provided by Councilmember Detering and Councilmember Johnson.
7. Mayor’s Report.
a. Mayor Lacy announced that he has decided on a replacement for the Finance
Director who will retire at the end of July. The City is in the midst of a background
check, and a name was not given.
b. Mayor Lacy informed Council about Police Department storage needs and a Storage-
Shed Project taking place at City Hall. The project will involve a storage shed being
placed on the NW side of City Hall in the grass area along with a concrete pad. The
Mayor will keep Council informed regarding the project.
c. Councilmember Johnson asked about the Public Works Facility Project. The Mayor
stated that he met with Josh Toftness this afternoon and that the City is considering
modifying and expanding the existing buildings and adding concrete floors to meet
the current needs of the City. The Mayor clarified that modifications or expansion
may or may not occur, this is one option being considered at this time.
08/14/2018 Council Meeting Agenda Packet Page 190 of 244
8. Action Items.
a. 5th Street NE Sidewalk and Stormwater Improvements Project change
order # 6, $10,000.00 (Winter Shutdown/Spring Startup) and change order # 7,
$20,000.00 (Unforeseen Irrigation Repairs).
Comments provided by Councilmember Detering, Councilmember Crawford,
Councilmember Johnson, and Mayor Lacy.
Motion by Councilmember Crawford to authorize the Mayor to sign change order
#6 in the amount of $10,000 and Change Order #7 in the amount of $20,000 for the
5th Street NE Sidewalk and Stormwater Improvements Project. Councilmember
Johnson Seconded the Motion. Motion Carried (6-0).
9. Council Reports & Announcements.
a. Councilmember Crawford asked Police Chief Harrison if the City experienced many
incidents of fire calls over the 4th of July? Police Chief Harrison said No.
Comments provided by Councilmember Detering and Mayor Lacy.
b. Mayor Lacy asked if there had been any discussion regarding the Council Committee
and Board assignments with the new Councilmember? The Mayor stated he would
discuss at the next meeting.
10. Adjournment. With no further business, the meeting adjourned at 7:19 p.m.
Steven C. Lacy, Mayor
Attest:
Maria E. Holman, City Clerk
08/14/2018 Council Meeting Agenda Packet Page 191 of 244
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 1 of 3
East Wenatchee City Council Meeting
Tuesday, July 24, 2018
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Amended AGENDA
6:30 p.m. Regular Meeting
1. Call to Order, Roll Call and Pledge of Allegiance.
2. Consent Items:
Vouchers:
a. July 24,2018, Checks: 50457-50459; 50466-50523, in the amount $121,1836.62.
Minutes:
b. 06/28/2018 Council Workshop Minutes.
c. 07/10/2018 Council Meeting Minutes.
Motion to approve agenda, vouchers, and minutes from previous meetings.
3. Citizen Requests/Comments.
The “Citizen Comments” period is to provide the opportunity for members of the public to address the Council on items either not
on the agenda or not listed as a public hearing. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone, give your name and mailing address, and state the matter of your interest. If your interest is an agenda item, the Mayor may suggest that your comments wait until that time. Citizen comments will be limited to
three minutes.
4. Public Hearings.
The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, the action that the hearing body may take on the matter and will state the manner in which the hearing will proceed. Staff will first give a report, followed then
by public testimony. All speakers must speak into the microphone and clearly state their names and addresses. All comments
should be addressed to the hearing body, should be relevant to the application. Public testimony may be limited to three minutes
unless further time is granted by the Mayor. If there are a large number of speakers, a representative may be appointed to speak on behalf of the group.
a. 2018 CDBG Annual Action Plan second public hearing.
5. Presentations.
a. General update on local WSDOT projects and programs by David Bierschbach, Acting
Region Administrator, North Central Regional Office, Washington State Department
of Transportation.
6. Department Report.
a. Finance Department Report provided by Nick Gerde, Finance Director.
08/14/2018 Council Meeting Agenda Packet Page 192 of 244
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 2 of 3
7. Mayor’s Report.
a. Council Committee & Board Assignments.
8. Action Items.
a. Gateway Park Project – Council final decision whether to proceed with the project.
Presented by Lori Barnett, Community and Development Director.
Motion to approve the Value Engineering Review design modifications with an
increase in the construction cost limit to $516,821 and;
Motion to approve the Mayor’s signature on the SCJ Alliance Contract Amendment
#1 for Design Revisions and Bid Advertisement #2 for $4,112.00 and;
Motion to authorize staff to rebid this project in winter for a spring of 2019
construction timeline.
b. First reading of Ordinance 2018-10, an Ordinance of the City of East Wenatchee,
Washington, amending Ordinance Number 2017-25 which set the City of East
Wenatchee 2018 Budget.
Presented by Nick Gerde, Finance Director.
Elevate to second reading.
Motion for City Council to approve the Budget Amendment Ordinance 2018-10
amending Ordinance 2017-25 which set the 2018 Budget.
c. First reading of Ordinance 2018-11, An Ordinance of the City of East Wenatchee,
Washington, amending Ordinance 2017-24 which fixed and confirming the salaries
and compensation to be paid to certain officials and employees of the City of East
Wenatchee during the year 2018, containing a severability clause, and establishing
an effective date.
Presented by Nick Gerde, Finance Director.
Elevate to second reading.
Motion for City Council to approve Ordinance 2018-11 amending ordinance 2017-
24 Salary Ordinance for 2018 compensation.
d. Ordinance 2018-09, an Ordinance of the City of East Wenatchee updating the City’s
process of regulating business-license fees by amending Section 5.04.020 and
Section 5.04.060 of the East Wenatchee Municipal Code.
Presented by Devin Poulson, City Attorney.
Motion for City Council to approve Ordinance 2018-09, updating business license
definitions as presented.
08/14/2018 Council Meeting Agenda Packet Page 193 of 244
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accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) Page 3 of 3
e. Douglas County Sewer District WWTP – Temporary Easement for a Fall 2018 Waste
Water Treatment Plant Maintenance Project.
Presented by Tom Wachholder.
Motion for City Council to authorize the Mayor to sign the Douglas County Sewer
District Temporary Easement.
f. PUD No. 1 of Douglas County Area Lighting Service Agreement – Area Lighting
Service Agreement Between Public Utility District (PUD) No. 1 of Douglas County and
the City of East Wenatchee for installing three streetlights on PUD-owned utility
poles on 11th Street NE between Baker Ave and Valley Mall Parkway.
Motion for City Council to authorize the Mayor to sign three streetlight - PUD area
lighting service agreements.
g. 2018 Residential Pavement Overlay Projects on Johnson Place, S. Iowa Ave., Tedford
St. SE, S. June Ave., and 1st St. SE. Change Order Number 1
Motion for City Council to authorize the Mayor to sign the proposed 2018
Residential Overlay Program Change Order No. 1 in the amount of $17,000.00 for
additional asphalt grinding.
9. Council Reports & Announcements.
a. Reports/New Business of Council Committees
10. Adjournment.
08/14/2018 Council Meeting Agenda Packet Page 194 of 244
Appendix 2
Community Development Block
Grant Program
2018 Annual Action Plan
HUD Certifications
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CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jurisdiction certifies that:
Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing.
Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the
Community Development Block Grant or HOME programs.
Anti-Lobbying --To the best of the jurisdiction's knowledge and belief:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions; and
3.It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations.
Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are
consistent with the strategic plan in the jurisdiction’s consolidated plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135.
____________________________ _________
Signature of Authorized Official Date
____________________________ Title
Mayor
August 14, 2018
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Specific Community Development Block Grant Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated plan identifies community development and housing
needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i.e., the development of
viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570.
Following a Plan -- It is following a current consolidated plan that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBGfunds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or
blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the community,
and other financial resources are not available (see Optional CDBG Certification).
2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans,
during program year(s) _________________________ [a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and
moderate income in a manner that ensures that at least 70 percent of the amount is expended for
activities that benefit such persons during the designated period.
3. Special Assessments. It will not attempt to recover any capital costs of public improvements
assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low and moderate income,
including any fee charged or assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
In addition, in the case of properties owned and occupied by moderate-income (not low-income)
families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds
to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
1.A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2.A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.
October 1, 2018 to September 30, 2019
08/14/2018 Council Meeting Agenda Packet Page 197 of 244
Compliance with Anti-discrimination laws -- The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations.
Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R.
Compliance with Laws -- It will comply with applicable laws.
_____________________________ _____________ Signature of Authorized Official Date
___________________________
Title Mayor
August 14, 2018
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OPTIONAL Community Development Block Grant Certification
Submit the following certification only when one or more of the activities in the action plan are designed
to meet other community development needs having particular urgency as specified in 24 CFR
570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-
assisted activities which are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the
community and other financial resources are not available to meet such needs.
______________________________ _________ Signature of Authorized Official Date
______________________________ Title
Not Applicable
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Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If it plans to provide tenant-based rental assistance, the tenant-based rental assistance is an essential element of its consolidated plan.
Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities, as described in §92.214.
Subsidy layering -- Before committing any funds to a project, it will evaluate the project in accordance
with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing;
_______________________________ ______________ Signature of Authorized Official Date
_______________________________
Title
Not Applicable
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Emergency Solutions Grants Certifications
The Emergency Solutions Grants Program recipient certifies that:
Major rehabilitation/conversion/renovation – If an emergency shelter’s rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the recipient will maintain the building as a
shelter for homeless individuals and families for a minimum of 10 years after the date the building is first
occupied by a homeless individual or family after the completed rehabilitation.
If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family
after the completed conversion.
In all other cases where ESG funds are used for renovation, the recipient will maintain the building as a
shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation.
Essential Services and Operating Costs – In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the recipient will provide services or
shelter to homeless individuals and families for the period during which the ESG assistance is provided,
without regard to a particular site or structure, so long the recipient serves the same type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or
persons in the same geographic area.
Renovation – Any renovation carried out with ESG assistance shall be sufficient to ensure that the
building involved is safe and sanitary.
Supportive Services – The recipient will assist homeless individuals in obtaining permanent housing,
appropriate supportive services (including medical and mental health treatment, victim services,
counseling, supervision, and other services essential for achieving independent living), and other Federal State, local, and private assistance available for these individuals.
Matching Funds – The recipient will obtain matching amounts required under 24 CFR 576.201.
Confidentiality – The recipient has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the
address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter.
Homeless Persons Involvement – To the maximum extent practicable, the recipient will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services
assisted under the ESG program, and in providing services for occupants of facilities assisted under the program.
Consolidated Plan – All activities the recipient undertakes with assistance under ESG are consistent with its consolidated plan.
08/14/2018 Council Meeting Agenda Packet Page 201 of 244
Discharge Policy – The recipient will establish and implement, to the maximum extent practicable and
where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or
systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in
homelessness for these persons.
_______________________________ ______________
Signature of Authorized Official Date
_______________________________ Title
Not Applicable
08/14/2018 Council Meeting Agenda Packet Page 202 of 244
Housing Opportunities for Persons With AIDS Certifications
The HOPWA grantee certifies that:
Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources.
Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the consolidated plan:
1. For a period of not less than 10 years in the case of assistance involving new construction, substantialrehabilitation, or acquisition of a facility,
2. For a period of not less than 3 years in the case of assistance involving non-substantial rehabilitationor repair of a building or structure.
_______________________________ ______________
Signature of Authorized Official Date
_______________________________ Title
Not Applicable
08/14/2018 Council Meeting Agenda Packet Page 203 of 244
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION:
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
08/14/2018 Council Meeting Agenda Packet Page 204 of 244
CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council
From/Presenter: Steven Lacy, Mayor
Subject: Events Department Storage Shed Concrete Pad Construction
Contract
Date: August 14, 2018
I. Summary Title: Events Storage Expansion Project and Associated Project Costs
II. Background/History: A need has been identified to expand storage space at City Hall.
Specifically, the Police Department needs additional evidence storage; therefore, the events
storage room located in the basement of City Hall will be relocated to new outbuilding freeing
up a room for additional evidence storage.
Utilizing the City’s Small Works Roster, managed by MRSC, three estimates were solicited for
constructing a concrete pad to accommodate Events Department storage needs. The
following estimates were received for constructing the concrete pad:
Hurst Construction -- $31,702.60
Pipkin Construction -- $31,296.85
Smith Excavation -- $26,682.12
The storage shed purchase cost from Rent Me Storage, LLC is $4,397.25, which includes
delivery. Finally, the cost associated with installing the electrical service to the storage
building will cost approximately $6,269. This includes a $1,400 PUD connection fee and an
electrician estimate of $4,869 to install the electrical service.
Project Cost:
Concrete pad = $26,682.12
Storage Shed = $4,397.25
Electrical Service = $6,269
TOTAL = $37,348.37 (Includes 8.2% sales tax)
III. Recommended Action: Authorize Mayor Lacy to execute construction contract with Smith
Excavation for concrete pad installation and proceed with the Events Storage Expansion
Project.
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IV. Exhibits: 1. Basic Site Plan; 2. Smith Excavation Estimate; 3. Storage Shed Invoice; 4. Apple City
Electric Estimate
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
Concrete Pad $26,682.12
Storage Shed $4,397.25
Electrical Work $6,269
30,000 No
TOTAL $37,348.37
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CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council
From/Presenter: Tom Wachholder, Project Development Manager
Subject: Public Works Board Pre-Construction Loan Contract
Date: August 14, 2018
I. Summary Title: Public Works Board Pre-Construction Loan Contract to fund pre-
construction activities (e.g., design engineering, right of way acquisition) associated
with the City’s 10th Street NE Eastmont Ave to Kentucky Ave Improvement Project.
II. Background/History: The 10th Street NE corridor from Eastmont Ave to Kentucky Ave
is noted for several deficiencies pertaining to both motorized and non-motorized
transportation. For example, the roadway lacks adequate subgrade surfacing, multi-
modal access (e.g., limited sidewalks, poor pedestrian crossings, non-existent bicycle
lanes), an adequate storm sewer system, and illumination.
The City has attempted to secure Public Works Board funding in the past; however,
funding became unavailable. In addition, the City attempted to obtain a Transportation
Improvement Board (TIB) grant on three different occasions without success.
The Public Works Board solicited for pre-construction applications in March 2018. City
staff submitted a pre-construction public works trust fund loan application on March
21, 2018 for purpose of securing design and right of way acquisition funds for the 10th
Street NE Eastmont Ave to Kentucky Ave Improvement Project. In a letter from the
Public Works Board dated May 31, 2018, the City was successful in securing $750,000
for pre-construction activities. This is a 5-year loan with an interest rate of 0.78% with
repayment starting one year following the execution of the attached contract.
III. Recommended Action: Authorize Mayor Lacy to execute a Public Works Board Pre-
Construction Loan Contract in an amount of $750,000.
IV. Exhibits: 1. Public Works Board Pre-Construction Loan Contract
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Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
$0 $0
No
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CONTRACT FACE SHEET
Contract Number: PR18-96103-051
PUBLIC WORKS BOARD PRE-CONSTRUCTION LOAN CONTRACT
1. Contractor 2. Contractor Doing Business As (optional)
City of East Wenatchee 271 9th Street NE
East Wenatchee, WA 98802
N/A
3. Contractor Representative 4. Public Works Board Representative N/A N/A
5. Contract Amount 6. Funding Source 7. Contract Start Date 8. Contract End Date $750,000.00 Federal: State: Other:
N/A:
Contract Execution Date June 1, 2023
9. Federal Funds (as applicable) N/A Federal Agency N/A CFDA Number N/A
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # N/A SWV#0003756-00 601-140-637 91-9009051
14. Contract Purpose
Fund a project of a local government for Pre-Construction activities that include but are not limited to design engineering, bid-document preparation, environmental studies, right-of-way acquisition, value planning,
permits, cultural and historic resources, and public notification. .
The Board, defined as the Washington State Public Works Board and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligations of both parties to this Contract are governed by
this Contract and the following other documents incorporated by reference: Contract Terms and Conditions including Declarations Page; and Attachment I: Attorney’s Certification.
FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD
Signature
Print Name
Title Date
Scott Hutsell, Public Works Board Chair Date APPROVED AS TO FORM ONLY June 15, 2018
Signature on File Sandra Adix Assistant Attorney General
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DECLARATIONS
CLIENT INFORMATION Legal Name: City of East Wenatchee Loan Number: PR18-96103-051 PROJECT INFORMATION
Project Title: 10th St NE Improvements Project City: East Wenatchee
Project State: Washington Project Zip Code: 98802 LOAN INFORMATION Loan Amount: $750,000.00
Total Estimated Cost: $750,000.00 Total Estimated Funding: Loan Forgiveness % (if applicable): $750,000.00 0% Loan Term: 5 Interest Rate: 0.78% Payment Month: June 1st Loan Reimbursement Start Date: April 13, 2018 Time of Performance 24 months from Execution Date of this Contract to Project Completion. SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT
This loan is a general obligation of the CONTRACTOR.
SCOPE OF WORK
Right of way acquisition and pre-construction activities for the 10th street NE Eastmont Ave to Kentucky Ave Improvement Project.
The project costs may include but are not limited to engineering, cultural and historical resources,
environmental documentation, review, permits, public involvement, easements, and bid documents. The project needs to meet all applicable Local, State, and/or Federal standards.
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TABLE OF CONTENTS
CONTRACT TERMS AND CONDITIONS ................................................................................. 1
Part 1. SPECIAL TERMS AND CONDITIONS ........................................................................ 1
1.1 Definitions .............................................................................................................................1 1.2 Authority ................................................................................................................................1 1.3 Purpose .................................................................................................................................1 1.4 Order of Precedence ............................................................................................................1 1.5 Competitive Bidding Requirements ...................................................................................2 1.6 Default in Repayment ...........................................................................................................2 1.7 Sub-Contractor Data Collection ..........................................................................................2 1.8 Eligible Project Costs ...........................................................................................................2 1.9 Historical and Cultural Resources ......................................................................................2 1.10 Project Completion Amendment and Certified Project Completion Report ...................3 1.11 Rate, Loan Forgiveness and Term of Loan........................................................................4 1.12 Recapture ..............................................................................................................................4 1.13 Reimbursement Procedures and Payment ........................................................................4 1.14 Repayment ............................................................................................................................5 1.15 Reports ..................................................................................................................................5 1.16 Termination for Cause .........................................................................................................6 1.17 Termination for Convenience ..............................................................................................6 1.18 Time of Performance ............................................................................................................6 1.19 Contract Suspension ...........................................................................................................6 1.20 Special Conditions ...............................................................................................................6 1.21 Loan Security ........................................................................................................................6
Part 2. GENERAL TERMS AND CONDITIONS ...................................................................... 7
2.1 DEFINITIONS ..........................................................................................................................7 2.2 ALLOWABLE COSTS ............................................................................................................7 2.3 ALL WRITINGS CONTAINED HEREIN .................................................................................7 2.4 AMENDMENTS .......................................................................................................................7 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the “ADA” 28 CFR Part 35 .....................................................................................7 2.6 APPROVAL .............................................................................................................................7 2.7 ASSIGNMENT .........................................................................................................................8
2.8 ATTORNEYS’ FEES ...............................................................................................................8 2.9 AUDIT ......................................................................................................................................8 2.10 CODE REQUIREMENTS .......................................................................................................9 2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ................................................9 2.12 CONFORMANCE ...................................................................................................................9 2.13 COPYRIGHT PROVISIONS ...................................................................................................9 2.14 DISALLOWED COSTS ....................................................................................................... 10 2.15 DISPUTES ........................................................................................................................... 10 2.16 DUPLICATE PAYMENT ..................................................................................................... 10 2.17 ETHICS/CONFLICTS OF INTEREST ................................................................................. 10 2.18 GOVERNING LAW AND VENUE ....................................................................................... 11 2.19 INDEMNIFICATION ............................................................................................................ 11 2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR ...................................................... 11 2.21 INDUSTRIAL INSURANCE COVERAGE ........................................................................... 11 2.22 LAWS .................................................................................................................................. 11 2.23 LICENSING, ACCREDITATION AND REGISTRATION .................................................... 12 2.24 LIMITATION OF AUTHORITY ............................................................................................ 12 2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION .................................................. 12
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2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................... 12 2.27 PAY EQUITY ....................................................................................................................... 12 2.28 POLITICAL ACTIVITIES ..................................................................................................... 13 2.29 PREVAILING WAGE LAW ................................................................................................. 13 2.30 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION .............................. 13 2.31 PUBLICITY .......................................................................................................................... 13 2.32 RECAPTURE ...................................................................................................................... 13 2.33 RECORDS MAINTENANCE ............................................................................................... 14 2.34 REGISTRATION WITH DEPARTMENT OF REVENUE .................................................... 14 2.35 RIGHT OF INSPECTION .................................................................................................... 14 2.36 SAVINGS ............................................................................................................................ 14 2.37 SEVERABILITY .................................................................................................................. 14 2.38 SUBCONTRACTING .......................................................................................................... 14 2.39 SURVIVAL .......................................................................................................................... 15 2.40 TAXES ................................................................................................................................. 15 2.41 TERMINATION FOR CAUSE / SUSPENSION................................................................... 15 2.42 TERMINATION FOR CONVENIENCE ............................................................................... 15 2.43 TERMINATION PROCEDURES ......................................................................................... 15 2.44 WAIVER .............................................................................................................................. 16
ATTACHMENT I: ATTORNEY’S CERTIFICATION ................................................................ 18
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CONTRACT TERMS AND CONDITIONS
PUBLIC WORKS BOARD PRE-CONSTRUCTION LOAN PROGRAM
Part 1. SPECIAL TERMS AND CONDITIONS
1.1 Definitions
As used throughout this Pre-Construction Loan Contract the following terms shall have the meaning set forth below:
A. “Contract” shall mean this Pre-Construction Loan Contract.
B. “Contractor” shall mean the local government identified on the Contract Face Sheet performing
service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor.
C. “The Board” shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and who is a Party to the Contract.
D. "Declarations " and "Declared" shall refer to the project information, loan terms and conditions as stated on the Declarations Page of this Loan Contract, displayed within the contract in THIS STYLE for easier identification.
1.2 Authority
Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public Works Board pre-construction loan for an approved public works project.
1.3 Purpose
The Board and the Contractor have entered into this Contract to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Program. The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the loan terms and conditions, and all applicable federal, state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein.
1.4 Order of Precedence
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:
A. Applicable federal and state of Washington statutes and regulations. B. Special Terms and Conditions including attachments. C. General Terms and Conditions.
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1.5 Competitive Bidding Requirements
The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Program.
1.6 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 1.18 of this Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent (1%) per month or twelve percent (12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds in excess of eligible costs are not repaid at the time the Project Completion Amendment is submitted, as provided for in Section 1.13.
The Contractor acknowledges and agrees to the Board’s right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency.
The Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section.
1.7 Sub-Contractor Data Collection
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by sub-contractors and the portion of the Contract funds expended for work performed by sub-contractors, including but not necessarily limited to minority-owned, women-owned, and veteran-owned business sub-contractors. “Sub-Contractors” shall mean sub-contractors of any tier.
1.8 Eligible Project Costs
The Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC) 399-30-030 and be related only to project activities described in declared SCOPE OF WORK.
Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred and payable within thirty (30) days of the reimbursement request. Only costs that have been incurred on or after LOAN REIMBURSEMENT START DATE shown in the Declarations are eligible for reimbursement
under this Contract.
The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects assisted with Public Works Board loans.
These terms supersede the terms in Section 2.2. Allowable Costs.
1.9 Historical and Cultural Resources
Prior to commencing construction, Contractor shall complete the requirements of Governor’s Executive Order 05-05, or, as an alternative to completion of Governor’s Executive Order 05-05, Contractor shall complete Section 106 of the National Historic Preservation Act, as applicable. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless the Board and the State of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract.
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In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s Executive Order 05-05, coordinate with the Washington State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to cultural resources as a continuing pre-requisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural resources are discovered during construction, the Contractor shall immediately stop work and notify the local historical preservation officer and the state's historic preservation officer at DAHP. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then
contact DAHP and the concerned tribe’s cultural staff or committee.
The Contractor shall require this provision to be contained in all sub-contracts for work or services related to the declared SCOPE OF WORK.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44.040 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of
Governor’s Executive Order 05-05.
In the event that the Contractor finds it necessary to amend SCOPE OF WORK, the Contractor may be
required to re-comply with Governor’s Executive Order 05-05 or Section 106 of the National Historic Preservation Act.
1.10 Project Completion Amendment and Certified Project Completion Report
The Contractor shall complete a Certified Project Completion Report when all activities identified in the
SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completion Report form, which shall include:
A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and,
if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in the SCOPE OF WORK. C. Certification that all costs associated with the project have been incurred and have been accounted for. Costs are incurred when goods and services are received and/or contract work is performed.
D. A final voucher for the remaining eligible funds. The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for
a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in the SCOPE OF WORK and the Board's receipt
and acceptance of the Certified Project Completion Report.
The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, term, and interest rate.
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1.11 Rate, Loan Forgiveness and Term of Loan
The Board shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the Contract Face
Sheet and declared on the Contract Declarations Page. The interest rate shall be the declared INTEREST
RATE per annum on the outstanding principal balance. The amount of loan forgiveness (if applicable) shall be as stated on the attached Declarations Page, and identified therein as LOAN FORGIVENESS %. The length of the loan shall not exceed the declared LOAN TERM in years, with the final payment due by the
CONTRACT END DATE as shown on the Contract Face Sheet.
The loan forgiveness shall be applied at project completion and shall apply to the lesser of the loan amount or the actual eligible costs and that declared percent on any accrued interest. The percent of loan
forgiveness and interest rate shall not be changed, regardless of the actual cost of the project and the Affordability Index at project completion.
The BOARD may extend the term limit of the Pre-Construction project to twenty years when the jurisdiction
demonstrates that 30% of the funding necessary for construction of the project has been secured. The BORROWER must provide written documentation of construction funding commitment before the first
principal payment is due.
1.12 Recapture
The right of recapture Section 2.32. Recapture, shall exist for a period not to exceed six (6) years following contract termination. In the event that the Board is required to institute legal proceedings to enforce the
recapture provision, the Board shall be entitled to its costs thereof, including attorney’s fees.
1.13 Reimbursement Procedures and Payment
If funding or appropriation is not available at the time the invoice is submitted, or when this contract is
executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK.
The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount under this contract, as identified in Section 1.10. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the SCOPE OF
WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts.
The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor.
The Contractor shall submit all Invoice Vouchers and all required documentation to:
Public Works Board Attn: (Program Specialist) PO Box 42525 Olympia, WA 98504-2525
The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices shall be submitted to the Board not more often than monthly.
Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the Contractor.
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The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this contract.
No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board.
Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost.
Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors.
In no event shall the total Public Works loan exceed 100% of the eligible actual project costs. At the time of project completion, the Contractor shall submit to the Board a Project Completion Amendment certifying the
total actual project costs and local share. The final Public Works loan disbursement shall bring the total loan to the lesser of 100% of the eligible project costs or the total declared LOAN AMOUNT. The Project
Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, and interest rate.
In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor has received Public Works Board monies in excess of 100.00% of eligible costs, all funds in excess of 100.00% shall be repaid to the Public Works Board by payment to the Department of Commerce, or its successor, together with the submission of the Project Completion Amendment.
1.14 Repayment
Loan repayment installments are due on the day and month identified under the term: PAYMENT MONTH on the Declarations Page. Payments are due each year during the term of the loan beginning one year from the date of contract execution. Interest only will be charged for this payment if a warrant is issued prior to this date. All subsequent payments shall consist of principal and accrued interest due on the specified
PAYMENT MONTH date of each year during the remaining term of the loan.
Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum based on
a three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will begin to accrue from the date each warrant is issued to the Contractor. The final payment shall be on or before the
CONTRACT END DATE shown on the Declarations page, of an amount sufficient to bring the loan balance
to zero.
The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Commerce, or its successor.
1.15 Reports
The Contractor shall furnish the Board with:
A. Project Status Reports with each Invoice Voucher; B. Project Quarterly Reports (if no funds have been reimbursed in the quarter) and/or Quarterly Expenditures Report;
C. Certified Project Completion Report at project completion (as described in Section 1.13); and D. Other reports as the Board may require.
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1.16 Termination for Cause
If the Contractor fails to comply with the terms of this Contract, or fails to use the loan proceeds only for those activities identified in the SCOPE OF WORK, the Board may terminate the Contract in whole or in part
at any time. The Board shall notify the Contractor in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect the
Contractor's obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Section 2.41 Termination for Cause/Suspension.
1.17 Termination for Convenience
The Board may terminate this contract in the event that state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board’s obligations under this contract. Termination will be effective when the Board sends written notice of termination to the Contractor. Nothing in this section
shall affect the Contractor’s obligation to repay the unpaid balance of the loan. These terms supersede the terms in Section 2.42 Termination for Convenience.
1.18 Time of Performance
No later than twenty-four (24) months after the date of contract execution the Contractor must reach project completion.
Failure to meet Time of Performance shall constitute default of this contract. In the event of extenuating
circumstances, the Contractor may request, in writing, that the Board extend the deadline for project completion. The Board may extend the deadline.
The term of this contract shall be for the entire term of the loan, regardless of actual project completion,
unless terminated sooner as provided herein.
1.19 Contract Suspension
In the event that the Washington State Legislature fails to pass and the Governor does not authorize a Capital Budget by June 30 of each biennium, the Washington State Constitution Article 8 and RCW 43.88.130 and RCW 43.88.290 prohibit expenditures or commitments of state funds in the absence of appropriation.
In such event, all work will be suspended effective July 1. The Contractor shall immediately suspend work and take all reasonable steps necessary to minimize the cost of performance directly attributable to such suspension until the suspension is cancelled.
THE BOARD shall notify the Contractor immediately upon lifting of the contract suspension.
1.20 Special Conditions
If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this contract.
1.21 Loan Security
Loan Security payments shall be made as stated on the attached Declarations Page, and identified therein as LOAN SECURITY.
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Part 2. GENERAL TERMS AND CONDITIONS
2.1 DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair’s behalf.
B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor.
C. “BOARD” shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and which is a Party to the Contract
D. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. ”State” shall mean the state of Washington.
F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2.2 ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3 ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
2.4 AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as
the “ADA” 28 CFR Part 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.6 APPROVAL
This contract shall be subject to the written approval of the Board’s Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties.
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2.7 ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board.
2.8 ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other action
brought to enforce Contract terms, each party agrees to bear its own attorney’s fees and costs. 2.9 AUDIT
A. General Requirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors.
The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Contractor must respond to the Board’s requests for information or corrective action concerning audit issues within thirty (30) days of the date of request.
B. State Funds Requirements
In the event an audit is required, if the Contractor is a local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor.
The Contractor shall include the above audit requirements in any subcontracts.
In any case, the Contractor’s financial records must be available for review by the Board.
C. Documentation Requirements
The Contractor must send a copy of any required audit no later than nine (9) months after the end of the
Contractor’s fiscal year(s) to: Department of Commerce ATTN: Audit Review and Resolution Office PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the Contractor must include:
Corrective action plan for audit findings within three (3) months of the audit being received by the
Board.
Copy of the Management Letter.
If the Contractor is required to obtain a Single Audit in accordance with 2 CFR Part 200, a copy must be provided to Commerce; no other report is required.
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2.10 CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the Contractor by the Board that is designated as “confidential” by the Board;
2. All material produced by the Contractor that is designated as “confidential” by the Board; and
3. All personal information in the possession of the Contractor that may not be disclosed under state or
federal law. “Personal information” includes but is not limited to information related to a person’s name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver’s license number and other identifying numbers, and
“Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide the Board with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 2.12 CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.13 COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire"
as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the
author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the
moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights.
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For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board.
The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor.
2.14 DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.15 DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Contractor's name, address, and Contract number; and
be mailed to the Chair and the other party’s (respondent’s) Representative within three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Chair or the Chair’s designee and the requestor within five (5) working days.
The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Chair or designee may extend this period if necessary by notifying the parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.
Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 2.16 DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source. 2.17 ETHICS/CONFLICTS OF INTEREST
In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest.
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2.18 GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 2.19 INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Board, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident
to the Contractor’s performance or failure to perform the Contract. The Contractor’s obligation to indemnify,
defend, and hold harmless includes any claim by the Contractor’s agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives.
The Contractor’s obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Board, the state of Washington, its officers, employees and authorized agents.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees.
2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.21 INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of
its employees as may be required by law, the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance
Services. This provision does not waive any of L&I’s rights to collect from the Contractor. 2.22 LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative Action, RCW 41.06.020 (11).
B. Boards of Directors or Officers of Non-profit Corporations – Liability - Limitations, RCW 4.24.264.
C. Disclosure-Campaign Finances-Lobbying, Chapter 42.17 RCW.
D. Discrimination-Human Rights Commission, Chapter 49.60 RCW.
E. Ethics in Public Service, Chapter 42.52 RCW.
F. Housing Assistance Program, Chapter 43.185 RCW.
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G. Interlocal Cooperation Act, Chapter 39.34 RCW.
H. Noise Control, Chapter 70.107 RCW.
I. Office of Minority and Women’s Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC.
J. Open Public Meetings Act, Chapter 42.30 RCW.
K. Prevailing Wages on Public Works, Chapter 39.12 RCW.
L. Public Records Act, Chapter 42.56 RCW.
M. Relocation Assistance - Real Property Acquisition Policy, Chapter 8.26 RCW.
N. Shoreline Management Act of 1971, Chapter 90.58 RCW.
O. State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW.
P. State Building Code, Chapter 19.27 RCW and Energy-related building standards, Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW.
Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecology.
R. State Environmental Policy, Chapter 43.21C RCW.
S. State Executive Order 05-05 Archeological and Cultural Resources.
2.23 LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract.
2.24 LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or refusal
to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the
Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance.
Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein. 2.27 PAY EQUITY
The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated as
equals, consistent with the following: A. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar
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working conditions. Job titles alone are not determinative of whether employees are similarly employed; B. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following:
1. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. 2. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. 3. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential.
This Contract may be terminated by the BOARD, if the Department of Commerce or the Department of Enterprise Services determines that the Contractor is not in compliance with this provision. 2.28 POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2.29 PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by
this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and
“Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain records sufficient
to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board’s review upon request. 2.30 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under
this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.31 PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or the Board’s name is mentioned, or language used from which the connection with the state
of Washington’s or the Board’s name may reasonably be inferred or implied, without the prior written consent of the Board.
2.32 RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity.
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Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, the Board may recapture such funds from payments due under this contract. 2.33 RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.34 REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.35 RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor’s performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.36 SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the Contract
under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions.
2.37 SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of
this Contract and to this end the provisions of this Contract are declared to be severable. 2.38 SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board.
If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal
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conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the
liability of the Contractor to the Board for any breach in the performance of the Contractor’s duties.
Every subcontract shall include a term that the Board and the State of Washington are not liable for claims
or damages arising from a Subcontractor’s performance of the subcontract. 2.39 SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.40 TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.41 TERMINATION FOR CAUSE / SUSPENSION
In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor.
Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the notice.
In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period, the Board may suspend further
payment to the Contractor in whole or in part, or may restrict the Contractor’s right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor.
“Termination for Cause” shall be deemed a “Termination for Convenience” when the Board determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure
was not caused by the Contractor’s actions or negligence.
If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff time). 2.42 TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.43 TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall:
A. Stop work under the Contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract;
C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the
Contractor to settle such claims must have the prior written approval of the Board; and
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D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor’s possession as directed by the Board.
Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination. The Board shall pay any withheld amount to the Contractor if the Board later
determines that loss or liability will not occur.
The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.44 WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board.
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ATTACHMENT I: ATTORNEY’S CERTIFICATION
PUBLIC WORKS BOARD
PRE-CONSTRUCTION LOAN PROGRAM
City of East Wenatchee
PR18-96103-051 I, ________________________________________________, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the City of East Wenatchee (the Contractor); and
I have also examined any and all documents and records which are pertinent to the Contract, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The Contractor is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The Contractor is empowered to accept the Public Works Board financial assistance and to provide for repayment of the loan as set forth in the Contract.
3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the Contractor from repaying the loan extended by the Public Works Board with respect to such project. The Contractor is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the Contract. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable
to the Contractor. __________________________________ _____________________________ Signature of Attorney Date
__________________________________ Name _______________________________________________________________________ Address
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CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council
From/Presenter: Tom Wachholder, Project Development Manager
Subject: 5th St NE/S Kentucky Ave TIB Overlay Consultant Supplemental
Agreement
Date: August 14, 2018
I. Summary Title: 2018 5th Street NE and S Kentucky Avenue Transportation Improvement Board
(TIB) Overlay Consultant Supplemental Agreement for Services During Construction.
II. Background/History: In 2017, City of East Wenatchee (City) staff applied for and received a
TIB grant to overlay 5th Street NE from Baker Avenue to Eastmont Avenue and S. Kentucky
Avenue from Grant Road to 4th Street SE.
On January 2, 2018, City staff sent out Request for Proposal (RFP) letters to engineering firms
selected from the City’s Consultant Roster; proposals were due on January 26, 2018. A
selection committee comprised of City staff reviewed and rated the proposals. Based on
proposal scores, RH2 Engineering (RH2) was deemed the “most qualified” consultant and City
Council approved the selection on February 13, 2018.
City Council authorized Mayor Lacy to execute a design contract with RH2 Engineering in
amount not to exceed $62,322.37 on February 28, 2018. Plans, specifications, and bid
documents were completed and the project bid opening was held on June 19, 2018 with
Granite Construction submitting the low bid at $559,469.48. City Council authorized Mayor
Lacy to execute a construction contract with Granite Construction contingent upon a TIB
funding increase. TIB approved a 15% funding increase on June 25, 2018.
Construction is scheduled to start August 13, 2018. Attached is a supplemental agreement for
RH2 Engineering to perform Services During Construction. These services include submittal
reviews, materials testing coordination, construction observation, manage Requests for
Information, prepare progress payments, review change orders, provide project closeout, and
provide project management services.
III. Recommended Action: Authorize Mayor Lacy to execute a RH2 Engineering consultant
supplemental agreement in the amount of $53,499.70 for Services During Construction.
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IV. Exhibits: TIB Consultant Supplemental Agreement
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
Design $62,322.37 $62,455
SDC $53,499.70
TOTAL $115,822.07
$53,898
$116,353
No
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From:Wasielewski, Joylynn M
Subject:Charter Communications ("SPECTRUM") Programming Update 08.02.2018
Date:Thursday, August 2, 2018 2:31:48 PM
Attachments:image001.pngimage002.png
Charter Communications ("SPECTRUM") is making changes to our channel lineup for
customers in your community.
Effective on or after September 3, 2018, KSTW 2 on channel 192, will no longer be available on
our line-ups.
Charter is making customers aware of these changes via a cable bill message.
If you have any questions regarding this change, or any other cable related issues, please do not
hesitate to contact me directly at (360) 258-5108 or by email at Marian.Jackson@Charter.com.
Sincerely,
Marian Jackson | Director, Government Affairs | Wk: 360-258-5108 | Cell: 360-600-4131
222 NE Park Plaza Drive, #231| Vancouver, WA 98684
The contents of this e-mail message and
any attachments are intended solely for the addressee(s) and may contain confidential
and/or legally privileged information. If youare not the intended recipient of this message
or if this message has been addressed to you in error, please immediately alert the sender
by reply e-mail and then delete this message and any attachments. If you are not the
intended recipient, you are notified that any use, dissemination, distribution, copying,
or storage of this message or any attachment is strictly prohibited.
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