HomeMy WebLinkAbout5/16/2015 - City Council - City Council Meeting Agenda Packet - Steven C Lacy, MayorIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
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ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
MAYOR’S REPORT
DEPARTMENT REPORT(S)
BUDGET ISSUES
Nick Gerde, Finance Director – Report from the May 21, 2015 Budget Committee meeting.
CONSENT CALENDAR
1. Consideration of Minutes – Regular Session, May 12, 2015
2. Consideration of Payables
3. Contract with Davis Shows Northwest for the Wings and Wheels Festival.
PUBLIC HEARING
4. 15-05-04 A public hearing to accept testimony regarding Amendment #1 to the “City Of East
Wenatchee 2014 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 the City’s Citizen Participation Plan. (Lori Barnett, Community Development
Director)
5. 15-05-05 A public hearing to consider a request by Sam E. Dilly and Lauren S. Reynolds to
waive public improvements on N. Devon Avenue associated with a 2-
lot residential short plat. (Lori Barnett, Community Development Director)
ACTION ITEM(S)
6. 15-05-06 Consideration of a request by Sam E. Dilly and Lauren S. Reynolds to waive public
improvements on N. Devon Avenue associated with a 2-lot residential short plat.
7. 15-05-07 Approval of a Supplemental Agreement No. 2 with RH2 Engineering for the 3rd
Street Storm Water Retrofit Project. (Greg Pezoldt, Public Works Director)
Continued on next page ………………
CITY OF EAST WENATCHEE
REGULAR COUNCIL MEETING AGENDA
MAY 26, 2015
6:30 P.M.
Page 1 of 172
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the City Clerk at 509-884-9515 Notification of 3 working days prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting.
Page 2 of 2
ORDINANCE(S)
8. 15-05-08 First reading of Ordinance No. 2015-14 adopting proposed text amendments to the
East Wenatchee Code, Title 17 – adopting regulations on marijuana related uses;
permitting 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 cannibas collective gardens in all zoning districts of
the City (Lori, Barnett, Community Development Director)
RESOLUTION(S)
9. 15-05-09 A Resolution of the City of East Wenatchee, Washington, adopting Amendment #1 to
the “City of East Wenatchee 2014 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. (Lori, Barnett,
Community Development Director)
10. 15-05-10 A Resolution appointing a designated representative and an alternate to the
Chelan-Douglas Transportation Council. (Steven C. Lacy, Mayor)
COUNCIL REPORTS
ADJOURNMENT
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Consent Calendar
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CITY OF EAST WENATCHEE COUNCIL MINUTES May 12, 2015
1
REGULAR SESSION OF THE CITY COUNCIL CONVENED
MAYOR STEVEN C. LACY, PRESIDING
MAY 12, 2015
6:30 P.M.
ROLL CALL
Mayor Steven C. Lacy
Councilmember George Buckner
Councilmember Harry Raab – Excused
Councilmember Frank Collings
Councilmember Chuck Johnson
Councilmember Wayne Barnhart
Councilmember Sandra McCourt
Councilmember Tim Detering
EMPLOYEES IN ATTENDANCE
Community Development Director Lori Barnett
City Attorney Devin Poulson
City Clerk Dana Barnard
Public Works Director/Engineer Greg Pezoldt
Finance Director Nick Gerde
Police Chief Randy Harrison
Events Coordinator Dan White
Accounting Assistant/Executive Secretary Teresa Allen
Clerical Assistant Shawn Murison
PROCLAMATION(S)
Police Week and Peace Officers’ Memorial Day
Mayor Lacy read a Proclamation proclaiming Friday, May 15, 2015, as Peace Officers’ Memorial Day,
and the week of May 10-16, 2015, as National Police Week. He announced the Annual Police Officers
Appreciation Luncheon being held at the Wenatchee Convention Center on Wednesday, May 13, 2015
from 11:15 a.m. to 1:30 p.m.
Memorial Day
Mayor Lacy read a Proclamation proclaiming May 25, 2015, as Memorial Day. Mayor Lacy presented the
Proclamation to Bob Ashford. Mr. Ashford from the North Central Washington Vets Serving Vets stated
that the Memorial Day Events to honor our dead will be held at the East Wenatchee Evergreen Cemetery
at 9:00 a.m., Columbia River Pipe Bridge at 10 a.m., and the Wenatchee Cemetery at 11:00 a.m. He
added, the American Legion Post 10, 208 N Wenatchee Ave, will host a Memorial Day Luncheon at
12:00 p.m.
MAYORS REPORT
Mayor Lacy appointed Councilmembers Detering, Raab, and McCourt as voting delegates for the
business meeting at the Association of Washington Cities Conference being held in Wenatchee, June 25,
2015. He stated that Councilmember Johnson would act as an alternate, no objections were heard.
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CITY OF EAST WENATCHEE COUNCIL MINUTES May 12, 2015
2
Mayor Lacy gave an update on the Misawa Delegation visit. He said they left last Tuesday, and it was
reported that they had a wonderful time in our valley, and were happy and impressed with their visit.
Mayor Lacy noted that he has not received any reports from the Washington State Department of
Transportation (WSDOT) regarding the study determining the design that will optimally meet needs of
vehicles, pedestrians, and bicycles for the intersections of both Valley Mall Parkway/9th Street NE, and
SR 28/9th Street NE. He said he is waiting for a response before starting design on the Gateway project.
DEPARTMENT REPORT(S)
Dan White, Events Coordinator – Classy Chassis update
Dan stated there were over 400 vehicles in the parade and car show, which was very well attended. He
noted there were a few issues which included; candy being thrown from vehicles, spinning of tires,
vehicles registering for the parade that did not fit the classifications to be entered into the Classy Chassis
parade, and the signs on the cars were too small to read. He added these items will be discussed at the
wrap-up meeting being held on Wednesday, May 13, 2015.
Greg Pezoldt, Public Works Director – Construction report
Greg noted that the 3rd Street Stormwater Retrofit Project is completed. He noted that a portion of the
sidewalk had to be torn up, but that same piece needed to be torn up for an ADA ramp improvement for
Valley Mall Parkway, so he worked it out with the Department of Ecology who will pay for the ramp
replacement with the Ecology Grant instead of the Valley Mall Parkway Grant, so the sidewalk will not
have to get torn up twice.
Mayor Lacy said this involved a potential change order in which he exceeded his authority in order to get
the issue taken care of at the moment, so he approved it, subject to the Councils acquiescence. Greg said
the Purchasing Policy for the City states the Mayor has the ability to sign for costs less than $5,000
without Council approval, and change orders over $5,000 have to be acted on at a Council meeting. He
said he would like to discuss Change Order issues in the future, because there is a timing problem when
there are construction changes. Greg said this increased the cost for the 3rd Street Project, and the Valley
Mall Parkway Project, however there were no additional costs to the City.
Councilmember’s discussed different options regarding changes to the policy. Mayor Lacy said that
discussion will be considered when we propose a change to the policy.
Greg noted the City Hall Sidewalk Project started Monday, May 11, 2015 there are a couple issues that
will need a change order and a supplemental agreement. He said the construction will continue through
the next Council meeting.
Greg gave an update on the Baker Avenue Project. He noted that the City will not be doing that project
jointly with Douglas County. He said there was a lot of uncertainty about that project in our standing with
the Transportation Improvement Board (TIB), and he wrote them a letter stating the conditions under
which the City was willing to go ahead with that project. He said he received a response with no
comments about his letter and the scope that he proposed to build the project. He said the original
stipulation with our grant is not clear to him, and they have not answered his questions, so it is still in the
air.
Councilmember Johnson stated that if Greg goes before the TIB to testify, he would like to attend.
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CITY OF EAST WENATCHEE COUNCIL MINUTES May 12, 2015
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Lori Barnett, Community Development Director – Marijuana Code update
Lori gave an update on the East Wenatchee Municipal Code amendment to address marijuana-related
businesses. She reviewed the draft Ordinance proposed changes, provisions, permits, requirements, and
the Zoning Districts that will be affected.
Lori noted that the Liquor Control Board has been changed to the Liquor and Cannabis Board. She said
that on April 24, 2015, the Governor signed a second substitute Senate Bill 5054, Cannabis Patient
Protection Act, which replaced the language in the old Medical Marijuana Act, and the State Legislature
is working on another Bill regarding marijuana related businesses, specifically recreational marijuana,
which is an active Bill being put forth by House Bill 2136, that will modify the tax structure, the local
taxes, clarify where marijuana can be used, and include many more changes.
Lori said even though these changes are going on she thinks it is important to continue down this road to
get the permanent control measures adopted. She said the City Planning Commission will hold a Public
Hearing on May 19, 2015, to review and consider the Ordinance, and she will forward their
recommendation to the City Council at their May 26, 2015 meeting.
Nick Gerde, Finance Director – Financial Report for the month of April
Nick distributed and reviewed the Financial Report for the month of April, and said he made a report on
the Transportation Benefit District (TIB) at the meeting held at 6:00 p.m.
BUDGET ISSUE(S)
Nick said there will be a Budget Committee meeting held on Thursday, May 21, 2015, at 5:30 p.m. He
said an agenda would be sent out to the Budget Committee members by the end of the week. He also
noted that Budget Committee agendas and minutes are now available on the City website.
Mayor Lacy asked if anyone has tracked website activity for financial figures, because he would like to
know what kind of interest the public is showing in our financial situation.
Councilmember Johnson asked if carpet replacement for the library had been discussed. Nick said it is on
his list, he thinks it is a common sense item, and will research carpet costs. Mayor Lacy said to consider
that request, find out what the estimates are, and discuss it at the Budget Committee meeting.
Nick said he had a discussion with City Attorney Devin Poulson regarding the Agreement the City has
with the Wenatchee Valley Museum & Cultural Center about the allocation of funds as to whether to use
Sales Tax or Hotel/Motel Tax. He said the first few months of this year, plus the first month’s payment,
would be taken out of Sales Tax. He added that he would like to see the Plan, which is part of the
Agreement, that the Museum will give us for 2015 that indicates they understand the prospective they
need to be attending to, or responding to, before we make a payment to them using Hotel/Motel Tax. He
said he would like to make sure that the information we are going to get from the Museum is adequate to
satisfy the reporting that we will have to do with regards to the lodging tax reporting system.
CONSENT CALENDAR
Items listed below were distributed to Councilmember’s in advance for study and were enacted in one
motion.
Council Action: A motion was made by Councilmember Johnson, second by Councilmember Detering,
to approve the Consent Calendar as presented. The motion carried, 6-0.
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CITY OF EAST WENATCHEE COUNCIL MINUTES May 12, 2015
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1. Consideration of Minutes – Regular Session, April 28, 2015
2. Consideration of Payables and Payroll
i. 2015 Payables – As of this date, May 12, 2015, Council does approve
check numbers 43327 through 43328, and 43365 through 43396 in the
total amount of $112,285.00. Payables checks 43308 and 43313 were
voided.
ii. 2015 April Payroll – As of this date, May 12, 2015, Council does
approve check numbers 43329 through 43364, 43244 through 43326,
43397, and direct deposits on 4/16/2015 and 4/29/2015 in the total
amount of $376,178.25. No payroll checks were voided.
ACTION ITEM(S)
15-05-01 City Hall Sidewalk Reconstruction Consultant Supplemental Agreement No. 1.
Presented by: Greg Pezoldt, Public Works Director/Engineer
Council Action: A motion was made by Councilmember Detering, second by
Councilmember Barnhart to approve and authorize the Mayor to sign the Professional
Services Contract Supplement No. 1 of the Forsgren Associates Consultant Agreement
for the additional amount of $1,995.00. The motion carried, 6-0.
15-05-02 City Hall Sidewalk Project – Change Order No. 1.
Presented by: Greg Pezoldt, Public Works Director/Engineer
Council Action: A motion was made by Councilmember Johnson, second by
Councilmember Buckner to approve and authorize the Mayor to sign Change Order No. 1
for the City Hall Sidewalk Project as presented.
Mayor Lacy said he is not disagreeing there should be a change order, but whether this
change order is the right amount is not known. He would like to see detail on how we got
to this decision, and suggested delaying this to the next Council meeting to further review
the change order.
Councilmember Barnhart wanted an explanation of where the 20% increase for
prevailing wage rates came from before he took any action on the item.
Greg clarified that even with the increase; the contractor would be the low bidder.
Council Action: A motion was made by Councilmember Detering, second by
Councilmember Collings, to table the City Hall Sidewalk Project – Change Order No. 1
until the next Council meeting to get additional detail from the Contractor as to the
breakdown of the Change Order request. The motion failed, 2-4 (Barnhart, McCourt,
Buckner, Johnson)
Council Action: A motion was made by Councilmember Johnson, second by
Councilmember Buckner to approve the City Hall Sidewalk Project - Change Order No.
1; and to further authorize the Mayor to sign Change Order No. 1 for the City Hall
Sidewalk Project Contract with Smith Excavation in the amount of $9,107.19. The
motion carried, 4-2 (Detering, Collings)
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CITY OF EAST WENATCHEE COUNCIL MINUTES May 12, 2015
5
Greg indicated he would provide more information on the increased costs to address
Council’s questions.
ORDINANCE(S)
15-03-03 First reading of Ordinance No. 2015-13
Presented by: Devin Poulson, City Attorney
Mayor Lacy elevated Ordinance No. 2015-13 to a second reading, without objection.
Council Action: A motion was made by Councilmember Johnson, second by
Councilmember Detering, to approve Ordinance No. 2015-13 increasing the grace period
to pay a business license fee without an increased penalty by amending Section 5.04.100
of the East Wenatchee Municipal Code. The motion carried, 6-0.
Ordinance No. 2015-13
An Ordinance of the City of East Wenatchee increasing the grace period to pay a
business license fee without an increased penalty by amending Section 5.04.100 of
the East Wenatchee Municipal Code.
Devin said, in response to the question earlier in the meeting regarding website
popularity, he looked up the numbers for the website, and the top ten most visited sites
over the last month included; #1- Homepage, #2 - Classy Chassis, #5 - Inmate List that
links to the Chelan County Jail, and Finance the Treasurer #67. He said we do have
about 100 e-subscribers, and the open rate when they send out the City Council Agendas,
which includes the Financial Reports, is about 37%. He said he went down the list to the
250th place, and no one has specifically looked at our Budget or Financial Webpages.
COUNCIL REPORT(S)
Mayor Lacy thanked those who submitted Council reports in writing. He noted the letter
from Rozeanne Lind thanking Council and Staff for East Wenatchee taking on a financial
obligation toward the Wenatchee Valley Museum & Cultural Center. He said he has
heard nothing but positive feedback on that particular issue.
Councilmembers asked when the first Museum Board meeting will be held and if the
Mayor has considered a representative from East Wenatchee to serve on the Board.
Mayor Lacy said he has not made a selection for appointment to the board. He added that
he would have Executive Secretary Teresa Allen find out the date and time of the
meeting.
Councilmember Barnhart thanked Mayor Lacy and Community Development Director
Lori Barnett and Staff for cleaning up Kayo’s Car Wash on Valley Mall Parkway. Mayor
Lacy said he could not take credit for that, the staff heard it and took care of it, and he
appreciates it very much.
Councilmember Buckner said the North Central Washington Economic Development
District (NCWEDD) meeting will be held in Twisp for the first time tomorrow.
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CITY OF EAST WENATCHEE COUNCIL MINUTES May 12, 2015
6
The following reports/minutes were submitted in writing prior to the City Council meeting.
Councilmember Buckner – Minutes from the North Central Washington Economic Development
District (NCWEDD) Board and Membership meeting held on April 8, 2015.
Mayor Lacy – Minutes from the Chelan-Douglas Transportation Council meeting held on April 9,
2015.
ADJOURNMENT 7:50 p.m.
_______________________
Dana Barnard
City Clerk
Page 10 of 172
26-May-15
CHECK NUMBERS: 43418; 43420-43499
VOIDED CHECKS: 43357; 43419
DEPARTMENT/FUND AMOUNT
CURRENT EXPENSE 001 $67,325.65
COMMUNITY DEVEL GRANT FUNDS 102 $0.00
STREET DEPARTMENT 101 $21,141.22
LIBRARY FUND 112 $459.21
EAST WENATCHEE EVENTS 117 $9,470.26
STREET IMPROVEMENT 301 $23,956.28
STORM WATER CAPITAL IMP FUNDS 308 $1,092.74
EQUIPMENT RENTAL & REPLACEMENT 501 $108,703.74
CAPITAL IMPROVEMENT FUND 314 $1,159.88
STREET IMP BOND REDEMPT FUND #3 35,454.17
Grand Total All Funds $268,763.15
CITY OF EAST WENATCHEE
CHECK REGISTER
2015 PAYABLES
Page 11 of 172
Fund Number Description Amount
001 Current Expense $67,325.65
101 Street Department $21,141.22
112 Library Fund $459.21
117 East Wenatchee Events Brd Fund $9,470.26
202 ST Imp Bond Redempt Fund #3 $35,454.17
301 Street Improvement Fund $23,956.28
308 Storm Water Capital Improvements Fund $1,092.74
314 Capital Improvement Fund $1,159.88
501 Equipment Rental & Replacement $108,703.74
Count: 9 $268,763.15
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2015 - May 2015 - May 2nd Council Meeting
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East Wenatchee - Fund Transaction Summary
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Vendor Number Reference Account Number Description Amount
AG Supply Company INC
43421 2015 - May 2015 - May 2nd Council Meeting
360088
Code/Door Stop Wedge
001-000-180-518-30-48-00 Repairs & Maintenance $6.48
Total 360088 $6.48
360100
Street/No Dump Sign
101-000-420-542-65-30-00 Supplies $1.61
Total 360100 $1.61
360189
Street/Nails for Base Boards
001-000-180-518-30-48-00 Repairs & Maintenance $7.02
Total 360189 $7.02
360216
Street/Gas
501-000-000-542-90-48-25 Street Vehicle R&M Supplies $23.31
Total 360216 $23.31
360229
Street/Bungee Cords
101-000-420-542-70-30-00 Supplies $14.24
Total 360229 $14.24
360721
Street/Cleaner
101-000-430-543-50-30-00 Supplies $5.40
Total 360721 $5.40
360859
Street/Battery
101-000-420-542-75-30-00 Supplies $8.65
Total 360859 $8.65
361196
Shop/Paper Towels
101-000-430-543-30-30-00 Supplies $9.73
Total 361196 $9.73
361218
Street/Valve, Bushling
101-000-420-542-64-30-00 Supplies $38.89
Total 361218 $38.89
Voucher Directory
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Vendor Number Reference Account Number Description Amount
361268
Supplies for Japanese Garden
101-000-420-542-75-30-00 Supplies $4.94
Total 361268 $4.94
361294
Street/Japanese Garden Supplies
101-000-420-542-75-30-00 Supplies $2.02
Total 361294 $2.02
361387
Street/Paint for Brackets
101-000-420-542-70-30-10 Supplies - Flags/Banners $10.80
Total 361387 $10.80
361725
Street/Paint for Brackets
101-000-420-542-70-30-00 Supplies $5.40
Total 361725 $5.40
361940
Events/Classy Chassis Supplies
117-000-300-557-30-35-12 C C Small Tools & Equipment $54.55
Total 361940 $54.55
Invoice - 5/13/2015 8:35:35 AM
Street/Fuel
101-000-313-519-71-30-00 Supplies - SWA $286.99
101-000-420-542-30-30-00 Supplies $168.40
101-000-420-542-64-30-00 Supplies $268.55
101-000-420-542-65-30-00 Supplies $81.60
101-000-420-542-70-30-00 Supplies $172.88
101-000-420-542-70-30-10 Supplies - Flags/Banners $42.47
101-000-420-542-75-30-00 Supplies $274.17
501-000-000-542-90-48-25 Street Vehicle R&M Supplies $200.00
Total Invoice - 5/13/2015 8:35:35 AM $1,495.06
Invoice - 5/14/2015 12:49:40 PM
Police Fuel
001-000-210-521-10-32-00 Fuel Consumed $3,340.13
Total Invoice - 5/14/2015 12:49:40 PM $3,340.13
Total 43421 $5,028.23
Total AG Supply Company INC $5,028.23
Alpine Products Inc.
43422 2015 - May 2015 - May 2nd Council Meeting
TM-147835
Paint for Traffic Control
101-000-420-542-64-30-00 Supplies $3,182.83
Total TM-147835 $3,182.83
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Vendor Number Reference Account Number Description Amount
TM-147940
Reflective Wraps for Cones
101-000-420-542-64-30-00 Supplies $67.31
Total TM-147940 $67.31
TM-147964
Traffic Control
101-000-420-542-64-30-00 Supplies $2,988.99
Total TM-147964 $2,988.99
TM-148208
Traffic Control
101-000-420-542-64-30-00 Supplies $2,990.57
Total TM-148208 $2,990.57
Total 43422 $9,229.70
Total Alpine Products Inc.$9,229.70
Al's Auto Repair
43423 2015 - May 2015 - May 2nd Council Meeting
30,979
Police/Idler Pulley
001-000-210-521-10-48-00 Repairs & Maintenance $3,109.49
Total 30,979 $3,109.49
30,997
Street/Truck Parts
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $547.70
Total 30,997 $547.70
Total 43423 $3,657.19
Total Al's Auto Repair $3,657.19
American Building Maintenance CO
43424 2015 - May 2015 - May 2nd Council Meeting
7996099
May 2015 Janitorial Services
001-000-180-518-30-41-01 Contracted Custodial Services $1,552.74
112-000-000-572-50-41-00 Facilities -- Professional Services $242.33
Total 7996099 $1,795.07
Total 43424 $1,795.07
Total American Building Maintenance CO $1,795.07
American Messaging Services, LLC
43425 2015 - May 2015 - May 2nd Council Meeting
W2127554PE
Street Pagers
101-000-430-543-30-49-00 Miscellaneous $63.38
Total W2127554PE $63.38
Total 43425 $63.38
Total American Messaging Services, LLC $63.38
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Vendor Number Reference Account Number Description Amount
Andrea M Sharp
43426 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/11/2015 3:32:16 PM
Clothing Allowance Reimbursement
001-000-210-521-10-20-01 Clothing Allowance $154.87
Total Invoice - 5/11/2015 3:32:16 PM $154.87
Total 43426 $154.87
Total Andrea M Sharp $154.87
Apple Land Pest Control & Home Inspections
43427 2015 - May 2015 - May 2nd Council Meeting
55025
City Hall Pest Control
001-000-180-518-30-49-00 Miscellaneous $126.31
112-000-000-572-50-41-00 Facilities -- Professional Services $19.71
Total 55025 $146.02
Total 43427 $146.02
Total Apple Land Pest Control & Home Inspections $146.02
Apple Valley Services,Inc
43428 2015 - May 2015 - May 2nd Council Meeting
156319
Classy Chassis Portable Toilet Rentals
117-000-300-557-30-35-12 C C Small Tools & Equipment $630.00
Total 156319 $630.00
Total 43428 $630.00
Total Apple Valley Services,Inc $630.00
Battery Systems Inc
43429 2015 - May 2015 - May 2nd Council Meeting
3133122
Street/Loader Battery
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $407.53
Total 3133122 $407.53
Total 43429 $407.53
Total Battery Systems Inc $407.53
Beckstead Electric, Inc
43430 2015 - May 2015 - May 2nd Council Meeting
35637
Troubleshoot Pump House
101-000-420-542-75-48-00 Repairs & Maintenance $112.40
Total 35637 $112.40
Total 43430 $112.40
Total Beckstead Electric, Inc $112.40
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Vendor Number Reference Account Number Description Amount
Blumenthal Uniforms
43431 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/14/2015 2:54:46 PM
Clothing Allowance/Darnell
001-000-210-521-10-20-01 Clothing Allowance $297.93
Total Invoice - 5/14/2015 2:54:46 PM $297.93
Total 43431 $297.93
Total Blumenthal Uniforms $297.93
Brooke Black
43432 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/20/2015 11:34:21 AM
May 2015 Salary
117-000-050-557-30-30-00 Contract Services $1,742.50
Total Invoice - 5/20/2015 11:34:21 AM $1,742.50
Total 43432 $1,742.50
Total Brooke Black $1,742.50
Cascade Natural Gas Corp
43433 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/6/2015 11:09:04 AM
Shop Gas
101-000-430-543-50-47-00 Utilities $13.63
Total Invoice - 5/6/2015 11:09:04 AM $13.63
Invoice - 5/6/2015 11:13:44 AM
Shop Gas
101-000-430-543-50-47-00 Utilities $238.15
Total Invoice - 5/6/2015 11:13:44 AM $238.15
Total 43433 $251.78
Total Cascade Natural Gas Corp $251.78
Central Washington Title
43434 2015 - May 2015 - May 2nd Council Meeting
21052
Title/Gateway Project
314-000-000-594-22-60-40 Purchase-Improve Gateway Property $1,159.88
Total 21052 $1,159.88
Total 43434 $1,159.88
Total Central Washington Title $1,159.88
Chelan County Treasurer
43435 2015 - May 2015 - May 2nd Council Meeting
150001-00079
April 2015 Housing of Inmates
001-000-230-523-21-10-00 Housing & Monitoring Prisoners $17,750.25
Total 150001-00079 $17,750.25
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Vendor Number Reference Account Number Description Amount
150001-00106
April 2015 Inmate Medical Expense
001-000-230-523-60-20-00 Medical Care For Prisoners $341.19
Total 150001-00106 $341.19
Total 43435 $18,091.44
Total Chelan County Treasurer $18,091.44
Christina L. Patterson
43436 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/11/2015 3:22:59 PM
Cell Phone Reimbursement
001-000-210-521-10-42-01 Telephone $39.00
Total Invoice - 5/11/2015 3:22:59 PM $39.00
Total 43436 $39.00
Total Christina L. Patterson $39.00
Cinta's Corporation #607
43437 2015 - May 2015 - May 2nd Council Meeting
607109965
Cleaning Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $66.77
101-000-430-543-30-30-00 Supplies $182.66
Total 607109965 $249.43
607109966
Blue Mat Services
001-000-180-518-30-41-00 Professional Services $175.87
112-000-000-572-50-47-00 Facilities--Utilities $27.45
Total 607109966 $203.32
Total 43437 $452.75
Total Cinta's Corporation #607 $452.75
Classic One East
43438 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/20/2015 9:35:39 AM
Police Uniforms
001-000-210-521-10-49-02 Dry Cleaning Services $96.56
Total Invoice - 5/20/2015 9:35:39 AM $96.56
Total 43438 $96.56
Total Classic One East $96.56
Collier Redal PLLC
43439 2015 - May 2015 - May 2nd Council Meeting
623-1
Segaline Conflict Case
001-000-110-511-60-30-00 Public Defender Conflicts $165.00
Total 623-1 $165.00
Total 43439 $165.00
Total Collier Redal PLLC $165.00
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Page 18 of 172
Vendor Number Reference Account Number Description Amount
Columbia Ford Inc.
43440 2015 - May 2015 - May 2nd Council Meeting
3-F1494
2015 Frod AWD Vehicle-Police
501-000-000-594-21-60-00 Capital Outlay - Police Vehicles $35,717.70
Total 3-F1494 $35,717.70
3-F1495
2015 Ford AWD Vehicle-Police
501-000-000-594-21-60-00 Capital Outlay - Police Vehicles $35,717.70
Total 3-F1495 $35,717.70
3-F1496
2015 Ford AWD Vehicle-Police
501-000-000-594-21-60-00 Capital Outlay - Police Vehicles $35,717.70
Total 3-F1496 $35,717.70
Total 43440 $107,153.10
Total Columbia Ford Inc.$107,153.10
Columbia River Steel dba: Moses Lake Steel Supply, Inc
43441 2015 - May 2015 - May 2nd Council Meeting
21503101
Street/Banner Supplies
101-000-420-542-70-30-10 Supplies - Flags/Banners $34.67
Total 21503101 $34.67
Total 43441 $34.67
Total Columbia River Steel dba: Moses Lake Steel Supply, Inc $34.67
Consolidated Supply Co.
43442 2015 - May 2015 - May 2nd Council Meeting
S7273721.001
Street/Supplies
101-000-313-519-71-30-00 Supplies - SWA $68.42
Total S7273721.001 $68.42
S7283717.001
Japanese Garden Water Pump
101-000-420-542-75-30-00 Supplies $240.99
Total S7283717.001 $240.99
Total 43442 $309.41
Total Consolidated Supply Co.$309.41
Costco Wholesale Mbrshp
43443 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/14/2015 3:15:46 PM
2015 Membership
001-000-110-511-60-49-00 Miscellaneous $165.00
Total Invoice - 5/14/2015 3:15:46 PM $165.00
Total 43443 $165.00
Total Costco Wholesale Mbrshp $165.00
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Page 19 of 172
Vendor Number Reference Account Number Description Amount
Dan White
43444 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/20/2015 11:34:45 AM
May 2015 Salary
117-000-050-557-30-30-00 Contract Services $4,800.00
Total Invoice - 5/20/2015 11:34:45 AM $4,800.00
Total 43444 $4,800.00
Total Dan White $4,800.00
Darin Darnell
43445 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/14/2015 2:59:22 PM
Cell Phone Reimbursement
001-000-210-521-10-42-03 Postage $39.00
Total Invoice - 5/14/2015 2:59:22 PM $39.00
Total 43445 $39.00
Total Darin Darnell $39.00
Department of Commerce
43446 2015 - May 2015 - May 2nd Council Meeting
PWFT-266290
Public Works Trust Fund
202-000-000-591-95-71-05 Redemption of GO Debt Pwtf $29,712.48
202-000-000-592-95-89-05 Interest Exp GO Debt Pwtf $1,634.19
Total PWFT-266290 $31,346.67
Total 43446 $31,346.67
Total Department of Commerce $31,346.67
Devin Poulson
43447 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/12/2015 3:22:26 PM
Travel Reimbursement
001-000-151-515-30-43-00 Travel $69.00
Total Invoice - 5/12/2015 3:22:26 PM $69.00
Total 43447 $69.00
Total Devin Poulson $69.00
DeVries Business Records Management Inc
43448 2015 - May 2015 - May 2nd Council Meeting
0064859
Record Destruction
001-000-210-521-10-41-00 Professional Services $30.00
Total 0064859 $30.00
Total 43448 $30.00
Total DeVries Business Records Management Inc $30.00
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Page 20 of 172
Vendor Number Reference Account Number Description Amount
Douglas CO Sewer District
43449 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/18/2015 3:22:25 PM
Utilities
101-000-430-543-50-47-00 Utilities $52.77
112-000-000-572-50-47-00 Facilities--Utilities $8.23
Total Invoice - 5/18/2015 3:22:25 PM $61.00
Invoice - 5/18/2015 3:23:02 PM
Utilities
001-000-180-518-30-47-00 Utilities $61.00
Total Invoice - 5/18/2015 3:23:02 PM $61.00
Total 43449 $122.00
Total Douglas CO Sewer District $122.00
Douglas County Auditor
43450 2015 - May 2015 - May 2nd Council Meeting
051215
Okanogan County Jail medical expenses-inmates
001-000-230-523-60-20-00 Medical Care For Prisoners $4,174.21
Total 051215 $4,174.21
Total 43450 $4,174.21
Total Douglas County Auditor $4,174.21
Douglas County Auditor-Recording
43451 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/11/2015 3:20:31 PM
Recording Fees
001-000-140-514-30-20-00 Records Services $78.00
001-000-580-558-60-49-00 Miscellaneous $157.00
Total Invoice - 5/11/2015 3:20:31 PM $235.00
Total 43451 $235.00
Total Douglas County Auditor-Recording $235.00
East Wenatchee Water Dist
43452 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/6/2015 11:24:00 AM
City Hall Water
001-000-180-518-30-47-00 Utilities $72.10
112-000-000-572-50-47-00 Facilities--Utilities $11.25
Total Invoice - 5/6/2015 11:24:00 AM $83.35
Invoice - 5/6/2015 11:32:28 AM
Japanes Garden Water
101-000-420-542-75-47-00 Utilities $49.00
Total Invoice - 5/6/2015 11:32:28 AM $49.00
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Page 21 of 172
Vendor Number Reference Account Number Description Amount
Invoice - 5/6/2015 11:33:36 AM
307 9th St Water
001-000-180-518-30-47-00 Utilities $49.00
Total Invoice - 5/6/2015 11:33:36 AM $49.00
Invoice - 5/6/2015 11:34:44 AM
Shop Water
101-000-430-543-50-47-00 Utilities $49.00
Total Invoice - 5/6/2015 11:34:44 AM $49.00
Invoice - 5/6/2015 11:35:30 AM
Valley Mall Pkwy Water
101-000-420-542-75-47-00 Utilities $54.50
Total Invoice - 5/6/2015 11:35:30 AM $54.50
Invoice - 5/6/2015 11:35:59 AM
Corner of 397 and 9th Water
101-000-420-542-75-47-00 Utilities $78.70
Total Invoice - 5/6/2015 11:35:59 AM $78.70
Total 43452 $363.55
Total East Wenatchee Water Dist $363.55
Eastmont Metropolitan Park District
43453 2015 - May 2015 - May 2nd Council Meeting
2015-014
Facility Use for Classy Chassis
117-000-300-557-30-43-12 CC EMPD Facility Fee $1,000.00
Total 2015-014 $1,000.00
Total 43453 $1,000.00
Total Eastmont Metropolitan Park District $1,000.00
Echo Language Services, LLC.
43454 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/13/2015 11:33:53 AM
001-000-120-512-50-49-01 Interpreting $650.00
Total Invoice - 5/13/2015 11:33:53 AM $650.00
Total 43454 $650.00
Total Echo Language Services, LLC.$650.00
Frontier
43455 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/13/2015 10:00:05 AM
Street Modem
101-000-420-542-64-47-00 Utilities $48.65
Total Invoice - 5/13/2015 10:00:05 AM $48.65
Invoice - 5/13/2015 9:56:50 AM
Street Modem
101-000-420-542-64-47-00 Utilities $51.47
Total Invoice - 5/13/2015 9:56:50 AM $51.47
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Page 22 of 172
Vendor Number Reference Account Number Description Amount
Invoice - 5/13/2015 9:57:46 AM
Street Modem
101-000-420-542-64-47-00 Utilities $51.54
Total Invoice - 5/13/2015 9:57:46 AM $51.54
Invoice - 5/13/2015 9:58:50 AM
Street Modem
101-000-420-542-64-47-00 Utilities $51.47
Total Invoice - 5/13/2015 9:58:50 AM $51.47
Invoice - 5/14/2015 3:04:53 PM
Police Phone Lines
001-000-210-521-10-42-01 Telephone $615.78
Total Invoice - 5/14/2015 3:04:53 PM $615.78
Invoice - 5/18/2015 3:23:30 PM
Street Modem
101-000-420-542-64-47-00 Utilities $45.84
Total Invoice - 5/18/2015 3:23:30 PM $45.84
Invoice - 5/18/2015 3:23:52 PM
Phone Lines
101-000-430-543-30-49-00 Miscellaneous $208.17
Total Invoice - 5/18/2015 3:23:52 PM $208.17
Invoice - 5/6/2015 11:22:32 AM
Street Modem
101-000-420-542-64-47-00 Utilities $52.91
Total Invoice - 5/6/2015 11:22:32 AM $52.91
Total 43455 $1,125.83
Total Frontier $1,125.83
Glock, Inc.
43456 2015 - May 2015 - May 2nd Council Meeting
SI-0043363
Police/Firearms Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $202.33
Total SI-0043363 $202.33
Total 43456 $202.33
Total Glock, Inc.$202.33
Gray's Electric Inc
43457 2015 - May 2015 - May 2nd Council Meeting
18634
Berkely Water Pump
101-000-420-542-75-30-00 Supplies $678.80
Total 18634 $678.80
18693
City Hall Irrigation
101-000-420-542-75-30-00 Supplies $2,310.64
Total 18693 $2,310.64
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Vendor Number Reference Account Number Description Amount
7288
City Hall Irrigation Pump
101-000-420-542-75-30-00 Supplies $400.71
Total 7288 $400.71
Total 43457 $3,390.15
Total Gray's Electric Inc $3,390.15
Haglund's Trophies
43458 2015 - May 2015 - May 2nd Council Meeting
35818
Street/New Hire Door Plate
101-000-430-543-30-30-00 Supplies $27.10
Total 35818 $27.10
Total 43458 $27.10
Total Haglund's Trophies $27.10
In-Print
43459 2015 - May 2015 - May 2nd Council Meeting
8146
Business Cards/Darnell
001-000-210-521-10-31-00 Office Supplies $206.87
Total 8146 $206.87
8152
Business License Apps
001-000-140-514-20-31-00 Office Supplies $321.44
Total 8152 $321.44
Total 43459 $528.31
Total In-Print $528.31
Interwest Communications
43460 2015 - May 2015 - May 2nd Council Meeting
7925
Street/Phone Setup for New hire
101-000-430-543-30-49-00 Miscellaneous $102.79
Total 7925 $102.79
Total 43460 $102.79
Total Interwest Communications $102.79
Ising Inc.-dba Cascade Quality Water
43461 2015 - May 2015 - May 2nd Council Meeting
20795
Shop/Drinking Water
101-000-430-543-30-30-00 Supplies $20.00
Total 20795 $20.00
Total 43461 $20.00
Total Ising Inc.-dba Cascade Quality Water $20.00
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Page 24 of 172
Vendor Number Reference Account Number Description Amount
Jerry's Auto Supply
43462 2015 - May 2015 - May 2nd Council Meeting
815428
Street/Wash and Tire Spray
501-000-000-542-90-48-25 Street Vehicle R&M Supplies $24.33
Total 815428 $24.33
Total 43462 $24.33
Total Jerry's Auto Supply $24.33
John Randall Harrison
43463 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/13/2015 11:48:36 AM
April 2015 Cell Reimbursement
001-000-210-521-10-42-01 Telephone $39.00
Total Invoice - 5/13/2015 11:48:36 AM $39.00
Invoice - 5/14/2015 3:19:05 PM
May 2015 Cell Reimbursement
001-000-210-521-10-42-01 Telephone $39.00
Total Invoice - 5/14/2015 3:19:05 PM $39.00
Total 43463 $78.00
Total John Randall Harrison $78.00
Julia McWiggins dba JM Waterworks
43464 2015 - May 2015 - May 2nd Council Meeting
1593
Japanese Garden Water Testing
101-000-420-542-75-47-00 Utilities $140.00
Total 1593 $140.00
Total 43464 $140.00
Total Julia McWiggins dba JM Waterworks $140.00
Kcda Purchasing Cooperative INC
43465 2015 - May 2015 - May 2nd Council Meeting
3906225
Sanitation and Cleaning Supplies
001-000-180-518-30-31-06 Cleaning & Sanitation Supplies $23.19
112-000-000-572-50-41-00 Facilities -- Professional Services $3.28
Total 3906225 $26.47
Total 43465 $26.47
Total Kcda Purchasing Cooperative INC $26.47
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Page 25 of 172
Vendor Number Reference Account Number Description Amount
Key Methods, LLC
43466 2015 - May 2015 - May 2nd Council Meeting
CF42930
Computer Maintenance
001-000-145-514-20-40-00 Network Services $2,569.76
Total CF42930 $2,569.76
Total 43466 $2,569.76
Total Key Methods, LLC $2,569.76
King Agency
43467 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/20/2015 2:22:26 PM
Gonzalez-Polygraph exam
001-000-210-521-10-41-00 Professional Services $250.00
Total Invoice - 5/20/2015 2:22:26 PM $250.00
Total 43467 $250.00
Total King Agency $250.00
Language Line Services, Inc
43468 2015 - May 2015 - May 2nd Council Meeting
3591510
Interpreting Services
001-000-142-514-20-49-00 Miscellaneous $6.76
Total 3591510 $6.76
Total 43468 $6.76
Total Language Line Services, Inc $6.76
Les Schwab Tire Center Inc
43469 2015 - May 2015 - May 2nd Council Meeting
34300482384
Police/Passenger Winter Changeover
001-000-210-521-10-48-00 Repairs & Maintenance $64.92
Total 34300482384 $64.92
Total 43469 $64.92
Total Les Schwab Tire Center Inc $64.92
Localtel Communications
43470 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/13/2015 10:03:14 AM
Internet Services
001-000-001-528-70-51-00 River Com $48.45
001-000-141-514-20-42-01 Telephone Line Charges $1,013.06
Total Invoice - 5/13/2015 10:03:14 AM $1,061.51
Total 43470 $1,061.51
Total Localtel Communications $1,061.51
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Page 26 of 172
Vendor Number Reference Account Number Description Amount
Marcia Ann Martz
43420 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/19/2015 3:51:42 PM
Wellness/Chelan Forum per diem
001-000-001-518-91-50-00 Wellness $11.00
001-000-001-518-91-50-00 Wellness $58.65
Total Invoice - 5/19/2015 3:51:42 PM $69.65
Total 43420 $69.65
Total Marcia Ann Martz $69.65
Master Gardener Foundation of Chelan County
43471 2015 - May 2015 - May 2nd Council Meeting
42
April 2015 Japanese Garden Maintenance
101-000-420-542-80-48-00 Maint Agmt - Japanese Gdn $2,000.00
Total 42 $2,000.00
Total 43471 $2,000.00
Total Master Gardener Foundation of Chelan County $2,000.00
Mitchell's Rock & Landscape Supply, Inc
43472 2015 - May 2015 - May 2nd Council Meeting
10486
SWA Supplies
101-000-313-519-71-30-00 Supplies - SWA $21.64
Total 10486 $21.64
Total 43472 $21.64
Total Mitchell's Rock & Landscape Supply, Inc $21.64
National Stormwater Center
43473 2015 - May 2015 - May 2nd Council Meeting
15-2005
Street/Construction Inspection Workshop
101-000-313-519-71-49-00 Miscellaneous Expense - SWA $78.00
Total 15-2005 $78.00
Total 43473 $78.00
Total National Stormwater Center $78.00
Ncw Gun Club
43474 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/14/2015 3:01:44 PM
2015 Annual User Fee
001-000-210-521-50-49-00 Other Services $910.00
Total Invoice - 5/14/2015 3:01:44 PM $910.00
Total 43474 $910.00
Total Ncw Gun Club $910.00
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Vendor Number Reference Account Number Description Amount
Norco Enterprise, Inc.
43475 2015 - May 2015 - May 2nd Council Meeting
15822968
Street/Safety Wear and Repellent
101-000-430-543-30-30-00 Supplies $106.02
Total 15822968 $106.02
15855773
Street/Safety Pants
101-000-430-543-30-30-00 Supplies $130.08
Total 15855773 $130.08
15855774
Street/Insect Repellent
101-000-430-543-30-30-00 Supplies $106.55
Total 15855774 $106.55
15897054
Street/Supplies
101-000-430-543-30-30-00 Supplies $4.65
Total 15897054 $4.65
Total 43475 $347.30
Total Norco Enterprise, Inc.$347.30
Office Depot
43476 2015 - May 2015 - May 2nd Council Meeting
764804273001
Office Supplies
001-000-110-511-60-49-00 Miscellaneous $28.55
Total 764804273001 $28.55
766123136001
Office Supplies
001-000-140-514-20-31-01 Central Stores $23.85
Total 766123136001 $23.85
767105790001
Central Store Supplies
001-000-120-512-50-31-00 Office Supplies $10.02
001-000-140-514-20-31-01 Central Stores $29.32
117-000-115-557-30-31-05 Eweb Office Supplies $16.81
Total 767105790001 $56.15
767352605001
Office Supplies/Toners
001-000-140-514-25-31-10 Office Supplies $819.02
Total 767352605001 $819.02
Total 43476 $927.57
Total Office Depot $927.57
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Vendor Number Reference Account Number Description Amount
Okanogan County Jail
43477 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/11/2015 3:34:29 PM
April 2015 Housing of Inmates
001-000-230-523-21-10-00 Housing & Monitoring Prisoners $2,421.52
Total Invoice - 5/11/2015 3:34:29 PM $2,421.52
Total 43477 $2,421.52
Total Okanogan County Jail $2,421.52
One Call Concepts, Inc
43478 2015 - May 2015 - May 2nd Council Meeting
5049058
Excavation Notices
101-000-430-543-30-49-00 Miscellaneous $31.03
Total 5049058 $31.03
Total 43478 $31.03
Total One Call Concepts, Inc $31.03
Onstream Systems Limited
43479 2015 - May 2015 - May 2nd Council Meeting
00009208
Police/Annual Software Maintenance
001-000-145-594-14-60-27 Capital - Cmptr Equip Police $142.24
Total 00009208 $142.24
Total 43479 $142.24
Total Onstream Systems Limited $142.24
Oxarc, Inc
43480 2015 - May 2015 - May 2nd Council Meeting
WNR9512
Street/Tubing for Flags and Banners
101-000-420-542-70-30-10 Supplies - Flags/Banners $69.79
Total WNR9512 $69.79
Total 43480 $69.79
Total Oxarc, Inc $69.79
Parker Corporation Services, INC DBA Merchant Patrol Security
43481 2015 - May 2015 - May 2nd Council Meeting
10769
Court/Armed Guard Services
001-000-120-512-50-49-09 Security $550.00
Total 10769 $550.00
Total 43481 $550.00
Total Parker Corporation Services, INC DBA Merchant Patrol Security $550.00
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Vendor Number Reference Account Number Description Amount
Pud #1 of Douglas County
43482 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/13/2015 9:18:26 AM
City Hall/Library Utilities
001-000-180-518-30-47-00 Utilities $877.98
112-000-000-572-50-47-00 Facilities--Utilities $137.02
Total Invoice - 5/13/2015 9:18:26 AM $1,015.00
Invoice - 5/13/2015 9:55:18 AM
Signal Lighting
101-000-420-542-64-47-00 Utilities $22.00
Total Invoice - 5/13/2015 9:55:18 AM $22.00
Invoice - 5/13/2015 9:56:03 AM
Metered Lighting
101-000-420-542-63-47-00 Utilities $167.00
Total Invoice - 5/13/2015 9:56:03 AM $167.00
Invoice - 5/6/2015 11:01:45 AM
Sign Lighting
101-000-420-542-63-47-00 Utilities $84.00
101-000-420-542-75-47-00 Utilities $24.00
Total Invoice - 5/6/2015 11:01:45 AM $108.00
Invoice - 5/6/2015 11:02:26 AM
Lights and Traffic
101-000-420-542-64-47-00 Utilities $71.00
Total Invoice - 5/6/2015 11:02:26 AM $71.00
Invoice - 5/6/2015 11:02:54 AM
Street Lighting
101-000-420-542-63-47-00 Utilities $154.00
Total Invoice - 5/6/2015 11:02:54 AM $154.00
Invoice - 5/6/2015 11:03:17 AM
Domestic Pump
101-000-420-542-75-47-00 Utilities $21.00
Total Invoice - 5/6/2015 11:03:17 AM $21.00
Invoice - 5/6/2015 11:03:41 AM
City Hall Lighting
001-000-180-518-30-47-00 Utilities $162.00
101-000-430-543-50-47-00 Utilities $185.00
Total Invoice - 5/6/2015 11:03:41 AM $347.00
Invoice - 5/6/2015 11:08:09 AM
Intersection Lighting
101-000-420-542-63-47-00 Utilities $36.00
Total Invoice - 5/6/2015 11:08:09 AM $36.00
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Vendor Number Reference Account Number Description Amount
Invoice - 5/6/2015 11:08:30 AM
Street Lighting
101-000-420-542-63-47-00 Utilities $90.00
Total Invoice - 5/6/2015 11:08:30 AM $90.00
Total 43482 $2,031.00
Total Pud #1 of Douglas County $2,031.00
Resort Radio Llc
43483 2015 - May 2015 - May 2nd Council Meeting
CC-115041230
Events Ads
117-000-300-557-30-44-12 Classy Chassis Advertising $920.00
Total CC-115041230 $920.00
IN-115041172
Events Ads
117-000-300-557-30-44-12 Classy Chassis Advertising $290.00
Total IN-115041172 $290.00
Total 43483 $1,210.00
Total Resort Radio Llc $1,210.00
Rh2 Engineering, Inc.
43484 2015 - May 2015 - May 2nd Council Meeting
62532
French Ave Improvement
301-000-000-595-10-50-07 Engr-Design French Avenue $11,088.25
Total 62532 $11,088.25
62549
Valley Mall Preservation
301-000-000-595-10-50-11 Engr-Design VMP Grant to 9th Overlay $12,868.03
Total 62549 $12,868.03
62551
Valley Mall and Storm Water
308-000-312-595-41-63-09 SWA 3rd St. Retrofit SDC $1,092.74
Total 62551 $1,092.74
Total 43484 $25,049.02
Total Rh2 Engineering, Inc.$25,049.02
Ricoh USA INC
43485 2015 - May 2015 - May 2nd Council Meeting
26835565
Copier Fees
001-000-141-594-14-60-00 Capital Outlay $888.13
Total 26835565 $888.13
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Vendor Number Reference Account Number Description Amount
5035936844
Copier Fees
001-000-141-514-20-48-00 Repairs & Maintenance $409.21
Total 5035936844 $409.21
Total 43485 $1,297.34
Total Ricoh USA INC $1,297.34
Sedgwick Claims Management Services, Inc
43486 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/19/2015 3:02:53 PM
2015 QTR 2 Insurance Premiums
001-000-110-511-60-46-00 Insurance $32.79
001-000-120-512-50-46-00 Insurance $65.59
001-000-140-514-25-46-00 Insurance $32.79
001-000-142-514-20-46-00 Insurance $32.79
001-000-151-515-30-46-00 Insurance $16.40
001-000-160-521-10-46-00 Insurance $16.40
001-000-210-521-10-46-00 Insurance $393.53
001-000-315-542-10-46-00 Insurance $16.40
001-000-580-558-60-46-00 Insurance $32.79
001-000-590-558-50-46-00 Insurance $16.40
101-000-430-543-30-46-00 Insurance $147.57
117-000-105-557-30-50-00 Eweb Insurance $16.40
Total Invoice - 5/19/2015 3:02:53 PM $819.85
Total 43486 $819.85
Total Sedgwick Claims Management Services, Inc $819.85
Sherwin-Williams
43487 2015 - May 2015 - May 2nd Council Meeting
6845-0
Street/Paint for Traffic Control
101-000-420-542-64-30-00 Supplies $167.37
Total 6845-0 $167.37
Total 43487 $167.37
Total Sherwin-Williams $167.37
Sound Uniform Group LLC DBA Bratwear
43488 2015 - May 2015 - May 2nd Council Meeting
15043
Marchall-Clothing allowance
001-000-210-521-10-20-01 Clothing Allowance $192.60
Total 15043 $192.60
Total 43488 $192.60
Total Sound Uniform Group LLC DBA Bratwear $192.60
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Vendor Number Reference Account Number Description Amount
Staples Advantage
43489 2015 - May 2015 - May 2nd Council Meeting
8034200652
Office Supplies
001-000-180-518-30-31-06 Cleaning & Sanitation Supplies $87.72
001-000-580-558-60-31-00 Office Supplies $22.94
112-000-000-572-50-48-00 Facilities--Repairs & Maintenance $9.94
Total 8034200652 $120.60
Total 43489 $120.60
Total Staples Advantage $120.60
Teresa Allen
43418 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/11/2015 3:09:48 PM
Travel Reimbursement
001-000-110-511-60-43-00 Travel $162.73
Total Invoice - 5/11/2015 3:09:48 PM $162.73
Invoice - 5/19/2015 3:41:27 PM
Per Diem-Chelan
001-000-001-518-91-50-00 Wellness $11.00
Total Invoice - 5/19/2015 3:41:27 PM $11.00
Total 43418 $173.73
Total Teresa Allen $173.73
Terex Utilities
43490 2015 - May 2015 - May 2nd Council Meeting
90262561
Street/Annual Inspection and Dielectric Test
101-000-420-542-70-30-00 Supplies $720.07
Total 90262561 $720.07
Total 43490 $720.07
Total Terex Utilities $720.07
Town Ford Inc
43491 2015 - May 2015 - May 2nd Council Meeting
130731
Street/Cut and Program Keys
501-000-000-542-90-48-25 Street Vehicle R&M Supplies $30.12
Total 130731 $30.12
131229
Street/Vehicle Turn Signals
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $317.65
Total 131229 $317.65
Total 43491 $347.77
Total Town Ford Inc $347.77
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Vendor Number Reference Account Number Description Amount
U.S. Bank St. Paul
43492 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/19/2015 3:09:57 PM
Limited Taxes
202-000-000-592-95-89-00 Interest Exp/costs GO Bonds $4,107.50
Total Invoice - 5/19/2015 3:09:57 PM $4,107.50
Total 43492 $4,107.50
Total U.S. Bank St. Paul $4,107.50
Verizon Wireless
43493 2015 - May 2015 - May 2nd Council Meeting
9745024517
Police Phone LInes
001-000-210-521-10-42-01 Telephone $107.00
Total 9745024517 $107.00
9745024526
Police Phone Lines
001-000-210-521-10-42-01 Telephone $678.80
Total 9745024526 $678.80
9745055574
Police Phone Lines
001-000-210-521-10-42-01 Telephone $114.10
Total 9745055574 $114.10
Total 43493 $899.90
Total Verizon Wireless $899.90
Vita Clean Services Inc.
43494 2015 - May 2015 - May 2nd Council Meeting
18603
Sweeper Truck Wash
101-000-313-519-71-30-00 Supplies - SWA $65.04
Total 18603 $65.04
Total 43494 $65.04
Total Vita Clean Services Inc.$65.04
Wash ST Dept of Licensing
43495 2015 - May 2015 - May 2nd Council Meeting
F295765 Atkinson
Gun Permit
001-001-000-586-00-03-00 State Share of Gun Permits $18.00
Total F295765 Atkinson $18.00
F295767 Perez
Gun Permit
001-001-000-586-00-03-00 State Share of Gun Permits $18.00
Total F295767 Perez $18.00
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Vendor Number Reference Account Number Description Amount
F295768 Nagler
Gun Permit
001-001-000-586-00-03-00 State Share of Gun Permits $18.00
Total F295768 Nagler $18.00
F295770 Garfein
Gun Permit
001-001-000-586-00-03-00 State Share of Gun Permits $21.00
Total F295770 Garfein $21.00
F295771 Franklin
Gun Permit
001-001-000-586-00-03-00 State Share of Gun Permits $18.00
Total F295771 Franklin $18.00
Total 43495 $93.00
Total Wash ST Dept of Licensing $93.00
Wash State Dept of Trans
43496 2015 - May 2015 - May 2nd Council Meeting
JB 42 JB2234 L154
Traffic Signal Maintenance
101-000-420-542-64-48-00 Repairs & Maintenance $494.85
Total JB 42 JB2234 L154 $494.85
Total 43496 $494.85
Total Wash State Dept of Trans $494.85
Wash State Treasurer
43497 2015 - May 2015 - May 2nd Council Meeting
Invoice - 5/20/2015 11:51:14 AM
May 2015 Court Remit
001-001-000-586-00-05-00 Court Remittances $18,993.66
001-001-000-586-00-06-00 State Surcharge (bldg Code)$27.00
Total Invoice - 5/20/2015 11:51:14 AM $19,020.66
Total 43497 $19,020.66
Total Wash State Treasurer $19,020.66
Washington State Patrol
43498 2015 - May 2015 - May 2nd Council Meeting
I15007825
Background Checks
001-001-000-586-00-03-00 State Share of Gun Permits $10.00
Total I15007825 $10.00
I15007910
Background Checks
001-001-000-586-00-03-00 State Share of Gun Permits $339.25
Total I15007910 $339.25
Total 43498 $349.25
Total Washington State Patrol $349.25
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Vendor Number Reference Account Number Description Amount
Xerox Corporation
43499 2015 - May 2015 - May 2nd Council Meeting
079424758
Police/Copier
001-000-210-594-21-60-00 Capital Outlay $314.00
Total 079424758 $314.00
079424764
Street/Copier
101-000-430-543-30-30-00 Supplies $89.76
Total 079424764 $89.76
Total 43499 $403.76
Total Xerox Corporation $403.76
Grand Total Vendor Count 81 $268,763.15
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Page 38 of 172
Public Hearing(s)
Page 39 of 172
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Page 1 of 2
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 15-05-04 AGENDA ITEM # 4
PRESENTER: Lori Barnett AGENDA DATE: May 26, 2015
POSITION: Director DEPARTMENT: Community Development
TITLE:
A public hearing to accept testimony regarding Amendment #1 to the “City Of East Wenatchee 2014 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 the City’s Citizen Participation Plan.
BACKGROUND/HISTORY: This notice was publish in the Wenatchee World on April 17, 2015.
2014 CDBG ANNUAL ACTION PLAN NOTICE OF AMENDMENT NO. 1
AND NOTICE OF PUBLIC HEARING
Residents of East Wenatchee and other interested parties are invited to comment on Amendment No. 1 to
the 2014 Annual Action Plan for use of the 2014 Community Development Block Grant (CDBG) funds
provided by the U.S. Department of Housing and Urban Development. The Annual Action plan is the single -
year plan for the use of CDBG funds. This substantial amendment will reprogram funds that are needed to
complete the update to the 5-year Community Development & Housing Consolidated Plan and a project to
remove architectural barriers to accessibility at City Hall:
1. Administrative and planning funds for CDBG program – Increase obligation by $7,028. Total
administrative funding will be $22,028 which is an increase from the original amount of $15,000.
2. Street improvements to French Avenue. De-obligate by $41,848. Total project funding will be
$43,293 in 2014. This is a decrease from the original amount of $85,141. This project also uses
2011 ($15,000) and 2013 ($95,160) funds.
3. Removing barriers to accessibility at East Wenatchee City Hall to comply with ADA and Section 504
requirements – Obligate $34,820. This is a new project for 2014. The project also uses 2011
Program Funds ($38,496.74).
All written comments should be submitted by May 18, 2015. Comments should be addressed to Lori
Barnett, East Wenatchee Community Development Department, 271 9th Street NE, East Wena tchee, WA
98802. Faxed or e-mailed comments will also be considered: Fax 509.886.6113, E-mail Lbarnett@east-
wenatchee.com
NOTICE IS HEREBY GIVEN that the East Wenatchee City Council will conduct a public hearing to consider
adoption of Amendment No. 1 to the 2014 Annual Action Plan at their regular meeting beginning at 6:30 PM
on May 26, 2015 in the East Wenatchee City Hall Council Chambers, at 271 9th St. NE, East Wenatchee,
Washington.
The City encourages all persons to participate in the hearing and provide written or oral comments to be
considered by the City Council. If special assistance is required to participate in the hearing, including
language interpretations, requests must be made to the Community Development Department at least 3
working days prior to the hearing date.
Amendment No. 1 to the 2014 Annual Action Plan may be reviewed at the East Wenatchee Community
Development Department during regular business hours or on the City’s web page at Community Development
Department - Community Development Block Grant Program page at www.east-wenatchee.com. To request
copies in an alternate format, contact Lori Barnett at 509.884.5396.
Page 41 of 172
Page 2 of 2
EXHIBITS:
RECOMMENDED ACTION:
Hold public hearing
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $NA
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Collings Councilmember Raab
Councilmember Johnson Councilmember Buckner
Councilmember McCourt Councilmember Detering
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
Page 42 of 172
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 15-05-05 AGENDA ITEM # 5
PRESENTER: Lori Barnett AGENDA DATE: May 26, 2015
TITLE Director DEPARTMENT: Community Development
TITLE:
Public hearing to consider testimony related to a request by Sam E. Dilly and Lauren S. Reynolds to waive
public improvements on N. Devon Avenue associated with a 2-lot residential short plat.
BACKGROUND/HISTORY:
The applicants own property at 1012 N. Devon Ave., East Wenatchee. They are in the process of dividing the
property into two lots. The short plat requires construction of ½ street improvements on N. Devon Ave. They
are requesting a waiver of the street improvements. The Council has the authority to grant a waiver under
EWMC 15.48 after holding a public hearing.
EXHIBITS: The following notice was published in the Wenatchee World on May 12, 2015.
PUBLIC IMPROVEMENT WAIVER - NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the East Wenatchee City Council will conduct a public hearing on May 26,
2015, beginning at 6:30 PM in the Council Chambers at East Wenatchee City Hall, 271 9th St. NE, East
Wenatchee, WA to consider a request by Sam E. Dilly and Lauren S. Reynolds to waive public improvements
on N. Devon Avenue associated with a 2-lot residential short plat. The subject property is located at 1012 N.
Devon Ave., East Wenatchee, WA and is legally described as Lot 16, Schafer’s Addition plus a portion of the
vacated 10th St. NE, within Section 11, Township 22 N, Range 20 E.W.M. Douglas County Assessor’s Parcel
#06900001600.
The public is invited to attend the public hearing, at the date, time, and location noted above, and provide
comment on the proposed deferral. Pertinent testimony, written comments and/or exhibits may be presented
to the City Council at the public hearing or submitted in writing no later than 5:00 p.m. on the date of the
hearing at the East Wenatchee Community Development Department, 271 9th Street NE, East Wenatchee, WA
98802. Phone 509.884.5396 and Fax 509.886.6113. Materials pertaining to the proposal may be reviewed at
the East Wenatchee Community Development Department during regular business hours.
It is the City’s policy to assure that no person, with a disability or on the grounds of race, color, nation al
origin or sex, is excluded from participation in any city activity. We invite any person with special needs,
including handicap accessibility or interpreter services, to contact the Dana Barnard, City Clerk at
509.884.9515 at least 3 working days before the 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.
RECOMMENDED ACTION:
Hold public hearing
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$N/A $ N/A $ N/A
Page 43 of 172
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Collings Councilmember Raab
Councilmember Johnson Councilmember Buckner
Councilmember McCourt Councilmember Detering
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
Page 44 of 172
Page 1 of 2
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 15-05-04 AGENDA ITEM # 4
PRESENTER: Lori Barnett AGENDA DATE: May 26, 2015
POSITION: Director DEPARTMENT: Community Development
TITLE:
A public hearing to accept testimony regarding Amendment #1 to the “City Of East Wenatchee 2014 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 the City’s Citizen Participation Plan.
BACKGROUND/HISTORY: This notice was publish in the Wenatchee World on April 17, 2015.
2014 CDBG ANNUAL ACTION PLAN NOTICE OF AMENDMENT NO. 1
AND NOTICE OF PUBLIC HEARING
Residents of East Wenatchee and other interested parties are invited to comment on Amendment No. 1 to
the 2014 Annual Action Plan for use of the 2014 Community Development Block Grant (CDBG) funds
provided by the U.S. Department of Housing and Urban Development. The Annual Action plan is the single -
year plan for the use of CDBG funds. This substantial amendment will reprogram funds that are needed to
complete the update to the 5-year Community Development & Housing Consolidated Plan and a project to
remove architectural barriers to accessibility at City Hall:
1. Administrative and planning funds for CDBG program – Increase obligation by $7,028. Total
administrative funding will be $22,028 which is an increase from the original amount of $15,000.
2. Street improvements to French Avenue. De-obligate by $41,848. Total project funding will be
$43,293 in 2014. This is a decrease from the original amount of $85,141. This project also uses
2011 ($15,000) and 2013 ($95,160) funds.
3. Removing barriers to accessibility at East Wenatchee City Hall to comply with ADA and Section 504
requirements – Obligate $34,820. This is a new project for 2014. The project also uses 2011
Program Funds ($38,496.74).
All written comments should be submitted by May 18, 2015. Comments should be addressed to Lori
Barnett, East Wenatchee Community Development Department, 271 9th Street NE, East Wena tchee, WA
98802. Faxed or e-mailed comments will also be considered: Fax 509.886.6113, E-mail Lbarnett@east-
wenatchee.com
NOTICE IS HEREBY GIVEN that the East Wenatchee City Council will conduct a public hearing to consider
adoption of Amendment No. 1 to the 2014 Annual Action Plan at their regular meeting beginning at 6:30 PM
on May 26, 2015 in the East Wenatchee City Hall Council Chambers, at 271 9th St. NE, East Wenatchee,
Washington.
The City encourages all persons to participate in the hearing and provide written or oral comments to be
considered by the City Council. If special assistance is required to participate in the hearing, including
language interpretations, requests must be made to the Community Development Department at least 3
working days prior to the hearing date.
Amendment No. 1 to the 2014 Annual Action Plan may be reviewed at the East Wenatchee Community
Development Department during regular business hours or on the City’s web page at Community Development
Department - Community Development Block Grant Program page at www.east-wenatchee.com. To request
copies in an alternate format, contact Lori Barnett at 509.884.5396.
Page 45 of 172
Page 2 of 2
EXHIBITS:
RECOMMENDED ACTION:
Hold public hearing
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $NA
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Collings Councilmember Raab
Councilmember Johnson Councilmember Buckner
Councilmember McCourt Councilmember Detering
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
Page 46 of 172
Action Item(s)
Page 47 of 172
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CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 15-05-06 AGENDA ITEM # 6
PRESENTER: Lori Barnett AGENDA DATE: May 26, 2015
TITLE: Director DEPARTMENT: Community Development
TITLE:
Consideration of a request by Sam E. Dilly and Lauren S. Reynolds to waive public improvements on N.
Devon Avenue associated with a 2-lot residential short plat.
BACKGROUND/HISTORY:
Sam E. Dilly and Lauren S. Reynolds, applied for a short plat to divide a .44 acre parcel into 2 lots. East
Wenatchee File #SP2015-01. The subject property is currently improved with a 4 unit apartment complex.
Proposed Lot 2 is vacant and is currently planted in lawn. The subject property is located at 1012 N. Devon
Avenue, East Wenatchee, Washington and is legally described as Lot 16, Schafer’s Addition plus a portion
of the vacated 10th Street NE, within Section 11, Township 22 N, Range 20 E.W.M. in Douglas County,
Washington.
Based upon the Comprehensive Street Standards, the Applicant is required to install improvements
including roadway widening, curb, gutter, and sidewalk on N. Devon Avenue adjacent to this parcel and to
provide storm water management facilities. The subject property is located on the cul-de-sac portion of the
street.
EWMC 15.48.150 permits the City Council to waive street improvements.
15.48.150 Waiver – Criteria.
The city council may waive the implementation of the required improvements if the city
council determines that the current level and extent of the improvements in the right-of-way
adjacent to the subject property are not likely to be changed in the next 15 years.
There are no curbs, gutters, or sidewalks on N. Devon Avenue and the city has no plans to improve the
street. A public hearing regarding this request was held by the City Council on November 12, 2014. No
one testified and the Council did not take action following the hearing.
EXHIBITS:
A. Vicinity Map
RECOMMENDED ACTION:
Staff recommends approval of the waiver.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Detering Councilmember Raab
Councilmember Johnson Councilmember Buckner
Councilmember McCourt Councilmember Collings
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
Page 49 of 172
Page 50 of 172
Page 51 of 172
Page 52 of 172
Page 1 of 1
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 15-05-07 AGENDA ITEM # 7
PRESENTER: Greg Pezoldt AGENDA DATE: May 26, 2015
POSITION: City Engineer DEPARTMENT: Public Works
TITLE:
Supplemental Agreement No. 2 – RH2- 3rd Street NE Storm Water Retrofit Project
BACKGROUND/HISTORY:
The city was awarded a grant from the Department of Ecology for the retrofit of water quality improvements
on 3rd Street NE and Valley Mall Parkway in 2011.
RH2 was previously selected as the engineering firm for the project. During the course of the project, a
change order was issued to reconstruct a sidewalk ramp to conform with the Americans with Disabilities Act
that was previously going to be a part of the Valley Mall Parkway project. The work performed under the
change order was paid for by the DOE project grant. The inspection for this extra work was not a part of the
current scope of work for RH2 Engineers. This supplemental agreement to the RH2 consultant agreem ent
adds $2,601 to the agreement to cover the cost of that additional inspection work. Like the change order,
this work will be paid for by the DOE grant (75%). The Project was completed in May, 2015.
EXHIBITS:
Supplemental Agreement No. 2- RH2
RECOMMENDED ACTION:
Authorize the Mayor to sign Supplemental Agreement No. 2 of the RH2 Consulting Agreement.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$2,601 $ 11,000 $ 1,200
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Collings Councilmember Raab
Councilmember Johnson Councilmember Buckner
Councilmember McCourt Councilmember Detering
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
Page 53 of 172
Page 54 of 172
05/20/15 1:55 PM J:\data\EW\213-077\A-PM\Supplement No 2\Amend_AGMT_ No 1_VMP & 3rd St Storm Retrofit.docx
Contract Amendment No. 2
Valley Mall Parkway and 3rd Street Stormwater Retrofit
RH2 Project No. EW 213.077
In accordance with our Professional Services Agreement for the Valley Mall Parkway and 3rd Street
Stormwater Retrofit, dated May 14, 2013, this is an authorization to revise the project Scope of Work,
as described below. The work will be performed and invoiced using the terms and conditions listed in
the original Agreement, plus previous Amendments and/or Agreements.
Add the following items to the Scope of Work:
Reference attached Exhibit A and Exhibit B.
The engineering fee authorization will increase by $2,601 for a total authorization amount of $46,592.
Please sign this authorization in the space provided below and mail or fax to RH2 Engineering, Inc., 300
Simon Street SE, Suite 5, East Wenatchee, WA 98802. FAX (509) 886-2313.
RH2 Engineering, Inc.
City of East Wenatchee
Signature Signature
Randy L. Asplund
Print Name Print Name
Director
Title Title
Date Date
Page 55 of 172
1
5/20/2015 2:44:59 PM J:\data\EW\213-077\A-PM\Supplement No 2\Amend_No. 2_SOW_VMP & 3rd Storm Retrofit.docx
EXHIBIT A
Scope of Work
City of East Wenatchee
Valley Mall Parkway and 3rd Street Stormwater Retrofit
Amendment No. 2
May 2015
Background
RH2 Engineering, Inc., (RH2) was hired by the City of East Wenatchee (City) to assist with retrofitting
the existing catch basins in the Valley Mall Parkway and 3rd Street stormwater system for treatment.
During construction, it was determined that a ramp, planned for construction on Valley Mall Parkway,
could be replaced under the 3rd Street Storm Retrofit contract so the sidewalk would not have to be
replaced twice. RH2 will assist the City with the following additional tasks:
Task 1 – Additional Services During Construction
Objective: Provide coordination and on-site observation for ramp construction.
Approach:
1.1 Coordinate with the contractor during the additional work of removing the existing ramp,
installing the new ramp, and associated restoration. Prepare a change order to document the
additional work.
1.2 Provide on-site observation during demolition of the existing ramp and construction of new
ramp. Coordinate with contractor during the restoration of grass and sprinklers behind the
ramp.
Assumptions: The City will provide coordination with the Washington State Department of Ecology. It is assumed an
RH2 inspector will be on-site for 12 hours over 2 days of construction.
RH2 Deliverables:
• Change Order
• Additional On-site observation
Project Schedule
On-site observation will be performed during the construction of the 3rd Street Stormwater Retrofit
portion of the project.
Page 56 of 172
EXHIBIT B - PreliminaryCity of East WenatcheeValley Mall Parkway and 3rd Street Stormwater Retrofit - Amendment No. 2Estimate of Time and ExpenseDescriptionProject ManagerStaff EngineerTotal HoursTotal LaborTotal ExpenseTotal CostClassificationProfessional V Professional IIITask 1Additional Services During Construction1.1 Prepare change order for ramp2 2 4 620$ 16$ 636$ 1.2Provide on-site ramp observation112131,916$ 49$ 1,965$ Subtotal314172,536$ 65$ 2,601$ PROJECT TOTAL314172,536$ 65$ 2,601$ J:\data\EW\213-077\A-PM\Supplement No 2\Amend_No. 2_FEE_VMP & 3rd St Storm Retrofit.xlsx5/20/2015 2:51 PMPage 57 of 172
Page 58 of 172
Ordinance(s)
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CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 15-05-08 AGENDA ITEM # 8
PRESENTER: Lori Barnett AGENDA DATE: May 26, 2015
TITLE Director DEPARTMENT: Community Development
TITLE:
An Ordinance of the City of East Wenatchee amending the East Wenatchee Municipal Code in Section
17.08.063, Section 17.66.050, and adding a new Chapter 17.60 adopting regulations on marijuana related
uses; permitting the production, processing and retailing of marijuana as regulated pursuant to Was hington
State Initiative No. 502 in certain commercial and industrial zoning districts; prohibiting medical cannabis
collective gardens in all zoning districts of the city; repealing Ordinance No. 2014 -01; entering legislative
findings; providing for severability; and establishing an effective date
BACKGROUND/HISTORY:
Initiative 502 was passed by the voters of Washington State on November 6, 2012 authorizing the
growing, manufacture, and sale of recreation marijuana f rom state licensed facilities. The City Council
adopted interim regulations on February 11, 2014 under Ordinance 2014-01. The proposed ordinance is
generally based upon and will replace the interim regulations. In summary, the amendments include:
The definition of “agricultural” is amended to clarify that growing or producing marijuana is
not an agricultural use.
Marijuana production, processing, and retail sales are not permitted as a Home
Occupation or within a structure that is a residence or contains a residence.
Marijuana production, processing, and retail sales are permitted in the General
Commercial Zoning District.
Marijuana retail sales are permitted in the Central Business District Zoning District.
Marijuana production and processing are permitted in the General Industrial Zoning
District.
Marijuana production, processing, and retail sales are prohibited in all residential zoning
districts, Neighborhood Commercial, Light Commercial, Mixed-Use, and Waterfront Mixed-Use.
Collective Gardens are prohibited.
Location criteria require a 1,000 foot buffer between a marijuana-related business and a
school, playground, recreation facility, child day care, public park, transit center, library or game
arcade.
All grow operations must be indoors.
EXHIBITS:
A. Ordinance 2015-14
B. Summary Minutes – May 19, 2015 planning commission public hearing
C. Staff Report packet for the May 19, 2015 planning commission public hearing
RECOMMENDED ACTION:
Staff respectfully request that the ordinance be elevated to second reading and approved.
FINANCIAL DATA:
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Expenditure Required Amount Budgeted Appropriation Required
$N/A $ N/A $ N/A
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Collings Councilmember Raab
Councilmember Johnson Councilmember Buckner
Councilmember McCourt Councilmember Detering
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
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City of East Wenatchee, Washington
Ordinance No. 2015-14
An Ordinance of the City of East Wenatchee amending the
East Wenatchee Municipal Code in Section 17.08.063,
Section 17.66.050, and adding a new Chapter 17.60 adopting
regulations on marijuana related uses; permitting the
production, processing and retailing of marijuana as regulated
pursuant to W ashington State Initiative No. 502 in certain
commercial and industrial zoning districts; prohibiting medical
cannabis collective gardens in all zoning districts of the city;
repealing Ordinance No. 2014-01; entering legislative
findings; providing for severability; and establishing an
effective date.
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. In 1998, the voters of the state of Washington passed Initiative 692
establishing provision for medical marijuana that were enacted as
Chapter 69.51A RCW. By amending Chapter 69.51A RCW, the
Washington State legislature expanded the scope of certain
activities involving the use of marijuana for medical purposes,
including the ability of "qualifying patients" to create and participate
in "collective gardens" for the purpose of producing, processing,
transporting, and delivering marijuana for medical use, subject to
certain conditions. The requirement to license collective gardens
and dispensaries was vetoed by the Governor.
1.3. In 2012, the voters of the state of Washington passed Initiative
502. I-502 authorizes the issuance of marijuana producer,
processor and retailer licenses, subject to the provison that retail
sale and certain acts of producing and processing marijuana in
accordance with 1-502 and implementing regulations shall not be a
criminal or civil offense under Washington state law, and subject to
the further proviso that no such license shall be issued shall not
issue a license for any premises within one thousand feet of the
perimeter of the grounds of any elementary or secondary school,
playground, recreation center or facility, child care center, public
park, public transit center, or library, or any game arcade
admission to which is not restricted to persons aged twenty-one
years or older.
1.4. I-502 requires the Washington State Liquor Control Board ("LCB")
to adopt rules establishing the procedures and criteria for the
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licensing and operation of marijuana producers, processors and
retailers.
1.5. The LCB re-filed its proposed rules regulating recreational
marijuana uses on September 4, 2013, and adopted the proposed
rules on October 16, 2013.
1.6. The LCB rule became effective on November 16, 2013 and the
deadline for license applications was December 20, 2013.
1.7. The LCB allocated 1 recreational marijuana retail license for the
City of East Wenatchee and there are no limits on the number or
recreational marijuana producer and processer licenses that may
be issued.
1.8. Marijuana is classified as a Schedule I controlled substance under
federal law and crimes related to marijuana remain subject to
prosecution under federal law
1.9. On August 29, 2013, the United States Department of Justice,
Office of the Attorney General, ("DOJ") released updated guidance
regarding marijuana enforcement. The guidance reiterates that
DOJ is committed to using its limited investigative and
prosecutorial resources to address the most significant threats to
public safety related to marijuana crimes in "the most effective,
consistent, and rational way." The guidance directs federal
prosecutors to review potential marijuana-related charges on a
case-by-case basis and weigh all information and evidence,
including whether the operation is demonstrably in compliance with
a strong and effective state regulatory system and if the conduct at
issue implicates one or more of the eight stated federal
enforcement priorities. The DOJ appears to not differentiate
application of the guidance between medical cannabis and
recreational marijuana.
1.10. The DOJ may change its August 29, 2013 guidance at any time
and without notice. Currently, federal law conflicts with state law
set forth in I-502. The DOJ has discretionary authority to enforce
federal law at any time.
1.11. On April 24, 2015, Governor Inslee signed into law, Second
Substitute Senate Bill 5054, substantially amending state law as it
pertains to marijuana production, processing, retailing and
possession.
1.12. The production, processing, and retailing of marijuana remains
in violation of the federal Controlled Substance Act (CSA), the City
Council wishes to acknowledge the will of the City and State voters
and the authority exercised by the state of Washington and the
State Liquor Control Board to license such facilities, leaving all
issues relating to the legality, licensing, siting and permitting of
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such facilities to be determined by the federal and state
governments in the exercise of their lawful authority, as finally
determined by a court of appropriate jurisdiction.
1.13. 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.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
ORDAIN AS FOLLOWS:
3. Amendment 2. The City Council amends 17.08.063 EWMC relating
to Definitions to read:
“Agriculture” means the tilling of the soil; the raising of crops; forestry;
horticulture; nonretail greenhouses, nurseries and gardening; and the
keeping or raising of livestock and poultry. Agriculture does not include
the growing or production of marijuana.
4. Amendment 3. The City Council amends 17.66.050 EWMC relating to
Home Occupations to read:
17.66.050 Prohibited uses.
The following uses are deemed to be prohibited:
A. Clinics or hospitals;
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
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for immediate use in or on the premises;
K. Marijuana production, marijuana processing, marijuana retailer,
and medical marijuana collective gardens; and
KL. 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.
5. Amendment 4. The City Council adds a new chapter 17.60 to the
East Wenatchee Municipal Code.
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.
17.60.010 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:
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1. Marijuana processor, marijuana producer, and marijuana retailer
businesses may be permitted to operate within the General
Commercial (G-C) Zoning District.
1.2. 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.
17.60.040 Definitions
The definitions established in RCW 69.50.101 and WAC 314-55-010 are
adopted by this reference. 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 garden" means the growing, production, processing,
transportation, and delivery of cannabis (i.e. marijuana), by qualifying
patients for medical use, as set forth in Chapter 69.51A 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
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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 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.
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Q. "Perimeter" means a property line that encloses an area.
R. "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. "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. "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. "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 organization, city, county, state, or federal
government.
V. “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. "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. "Useable marijuana" means dried marijuana flowers. The term
“useable marijuana" does not include either marijuana-infused
products or marijuana concentrates.
Y. "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;
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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 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. Sufficient measures and means of preventing smoke, odors, debris,
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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.
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.
6. Recitals Adopted as Findings of Fact. The City Council adopts the
above recitals as its findings of fact in support of this ordinance.
7. Findings of Fact. The City Council adopts the following findings of
fact and conclusions of law:
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
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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 May 1,
2015. 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 May 1, 2015. 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. On April 7, 2015 the proposed code amendments were transmitted
to East Wenatchee Water District, Douglas County Sewer District,
Douglas County Land Services Department, Douglas County Fire
District, City of Wenatchee, Chelan County, and Chelan-Douglas
Health District. The draft document was amended to address
comments received.
8. 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 April
7, 2015 initiating the state review and comment period and
requesting expedited review.
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9. Commerce acknowledged receipt of the proposed amendment on
April 8, 2015 and assigned the project Material ID#21174.
10. On April 22, 2015, Commerce transmitted an e-mail approving
expedited review.
11. On May 8, 2015, a Notice of Public Hearing was published in the
Wenatchee World.
12. On May 13, 2015, city staff presented the proposed text
amendments to the Douglas County Planning Commission at a
public workshop.
13. The planning staff file of records, including the staff report, noticing
documents, and SEPA review documents are admitted into the
record.
14. An open record public hearing was held by the East Wenatchee
Planning Commission on May 19, 2015.
15. Any Conclusion of Law that is more correctly a Finding of Fact is
hereby incorporated as such by this reference.
16. No one was in attendance at the May 19, 2015 Planning
Commission hearing to offer public testimony.
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.
8. 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.
9. 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.
10. Publication. The City Council directs the City Clerk to publish a
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summary of this Ordinance. The summary shall consist of the title of
this Ordinance.
11. Effective Date This Ordinance becomes effective five days after the
date its summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this __________ day of _____________________________,
2015.
CITY OF EAST W ENATCHEE, WASHINGTON
By _________________________________
Steven C. Lacy, Mayor
AUTHENTICATED BY:
_____________________________________
Dana Barnard, City Clerk
Approved as to form only:
_____________________________________
Devin Poulson, City Attorney
Filed with the City Clerk: 5/20/2015
Passed by the City Council: __________
Published: __________
Effective Date: __________
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Summary of Ordinance No. 2015-14
Of the City of East Wenatchee, Washington
On the __________ day of ____________________________________,
2015, the City Council of the City of East Wenatchee, Washington
approved Ordinance No. 2015-14, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the
East Wenatchee Municipal Code in Section 17.08.063,
Section 17.66.050, and adding a new Chapter 17.60 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; prohibiting medical
cannabis collective gardens in all zoning districts of the city;
repealing Ordinance No. 2014-01; 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 ________________________________,
2015.
_____________________________
Dana Barnard, 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) 886-6113
EAST WENATCHEE PLANNING COMMISSION
Chair: Norm Nelson, Vice Chair: Chaun Birks
Sally Brawley, Courtney Hill, Kyle Mott, Robert Everett, and Robert Hunter
Summary Minutes
May 19, 2015 - 5:30 PM
Location: East Wenatchee City Hall, Council Chambers
271 9th Street NE, East Wenatchee, WA
Purpose: Rescheduled public hearing
I. CALL TO ORDER
Vice-Chair Birks called the meeting to order at 5:35
Roll Call: Members present: Norm Nelson, Bob Everett, Courtney Hill, and Sally
Brawley. Kyle Mott and Chaun Birks were excused. Robert Hunter was absent.
Staff present: Lori Barnett and Marcia Martz
II. ADMINISTRATIVE PROCEDURES
A. Consideration of summary minutes from the March 17, 2015 planning
commission public meeting.
Motion by Commissioner Everett, seconded by Commissioner Brawley to
approve the minutes from March 17, 2015. The motion passed 4/0.
III. CONTINUATIONS AND/OR WITHDRAWALS
IV. NEW BUSINESS
V. OLD BUSINESS
A. ZTA 2013-02 A public hearing to consider proposed 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.
Planner Barnett reviewed the staff report. She indicated that she would like to
add a Finding to include the April 13th Douglas County Planning Commission
workshop where these changes were discussed.
The Commissioners discussed the Cooperatives that will replace colletive gardens
and the future Legislation regarding marijuana-related uses.
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Motion by Commissioner Brawley to recommend approval of the proposed
amendment to the East Wenatchee Municipal Code with the additional
finding suggested by staff. The motion was seconded by Commissioner
Everett and passed 4/0.
VI. OTHER BUSINESS
The planning commission will allocate the last 15 minutes of the meeting to allow for
public comments
VII. ADJOURNMENT 5:51
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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) 886-6113
LBarnett@east-wenatchee.com
STAFF REPORT
TO: East Wenatchee Planning Commission
FROM: East Wenatchee Community Development Department
DATE: May 11, 2015
SUBJECT: ZTA 2013-02 - Amendment to EWMC Title 17 – 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: 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.
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. The proposal will be applicable within the commercial and industrial
zoning districts in the City of East Wenatchee, WA and the unincorporated area
of Douglas County within the Greater East Wenatchee Urban Growth Area.
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. The first licenses were issued in the summer of 2014. Across the
state, licenses have been issued to 250 producers and processors and 63 retail
outlets. To-date, the City has taken the following actions relative to the regulation
of marijuana-related businesses:
Exhibit C
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• August 13, 2013, the City Council adopted Ordinance 2013-06 establishing a
moratorium prohibiting marijuana-related businesses.
• September 9, 2013, the City Planning Commission held a public workshop to
review the draft rules prepared by the LCB.
• October 8, 2013, the City Council held a public hearing regarding the
moratorium and reviewed the revised draft rules prepared by the LCB. Staff
presented information to the Council regarding the revised LCB regulations.
• January 7, 2014, the City Planning Commission held a public workshop to
review and consider a draft ordinance establishing interim regulations for
marijuana related businesses.
• February 11, 2014, the City Council adopted Ordinance 2014-01 establishing
interim regulations for recreational marijuana facilities and prohibiting medical
marijuana collective gardens.
• July 22, 2014, the City Council adopted Ordinance 2014-05 to extend the
interim regulations for an additional 6-month period until January 22, 2015.
• January 13, 2015, the City Council held a public hearing and adopted
Ordinance 2015-03 extending the existing interim regulations until July 22,
2015.
• January 20, 2015, the City Planning Commission held a public workshop to
review the interim regulations and provide direction to staff for preparation of
East Wenatchee Municipal Code Amendments to regulate marijuana-related
businesses.
• March 17, 2015, the East Wenatchee Planning Commission held a workshop to
review the draft code amendments regulating marijuana-related business.
On April 24, 2015, Governor Inslee signed into law, Second Substitute Senate
Bill 5054 (2SSB 5052) - the Cannabis Patient Protection Act - substantially
amending state law as it pertains to marijuana production, processing, retailing,
and possession. The Governor did veto several sections.
The intent of the legislation was to ensure that qualifying patients have a safe,
consistent, and adequate source of marijuana for their medical needs. The goal
was to provide a comprehensive approach to regulating the medical use of
marijuana in a manner that is similar to the regulations for recreational use.
Some of the provisions in this legislation were effective on April 24, 2015. Other
sections will be effective July 24, 2015 and other on July 1, 2016.
The Liquor Control Board was renamed Liquor and Cannabis Board.
Licensing for production, processing, and retail outlets will be opened
again. Additional licenses may be issued for to ensure adequate access to
medical marijuana. There will be a preference added for issuing permits.
Recreational marijuana retailers may sell medical marijuana if they have a
special endorsement issued by the LCB.
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The Department of Health (DOH) must adopt safe handling requirements
for all medical marijuana products.
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.
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.
The provision in RCW 69.51A.085 for Collective Gardens will be repealed
as of July 1, 2016.
Cooperatives will replace collective gardens. Up to 4 members of a
cooperative are permitted 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.
It should be noted that the state Legislature continues to work on legislation
regarding marijuana-related uses. E2SHB 2136 is an active bill that, as
proposed, will modify the tax structure, provide additional local taxes and
revenue, clarify where marijuana can be used, and many more changes.
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.
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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.
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.
The proposed 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 proposed Marijuana Code will be codified as Chapter 17.60 EWMC.
The following is a summary of the proposed amendments.
• The definition of “agricultural” is modified to clarify that growing or
producing marijuana is not an agricultural use.
• Marijuana production, processing, and retail sales are not permitted as a
Home Occupation.
• Marijuana production, processing, and retail sales are permitted in the
General Commercial Zoning District.
• Marijuana retail sales are permitted in the Central Business District Zoning
District.
• Marijuana production and processing are permitted in the General
Industrial Zoning District.
• Marijuana production, processing, and retail sales are prohibited in the
following zoning districts: all residential zoning districts, Neighborhood
Commercial, Light Commercial, Mixed-Use, and Waterfront Mixed-Use.
• Collective Gardens are prohibited.
• 17.60.050 includes location criteria requiring a 1,000 foot buffer between a
proposed marijuana-related business and a school, playground, recreation
facility, child day care, public park, public transit center, library or game
arcade.
• All grow operations must be indoors.
• No marijuana-related business may be within a structure that is a
residence or contains a residence.
A copy of the amended Marijuana Code text (Draft Date 5/8/2015) is attached to
this staff report as Exhibit A. The document shows the changes that have been
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made since the March 17 Planning Commission meeting. The text highlighted in
yellow was changed to address the new Light Commercial Zoning District that
was established in the amendments finalized by the City Council and County
Commissioners on March 24, 2015 and to clarify the uses that would be
permitted within the General Industrial Zoning District. Those two districts are
located in Douglas County within the East Wenatchee Urban Growth Area. The
previous draft did not address either of those districts. County staff also
commented on the parking requirements in 17.60.070 since outdoor grow
operations are not permitted.
Several additional definitions were added after the state adoption of 2SSB 5052.
Those changes in the document are shown in a different color than the main
body of the text for chapter 17.60.
C. Environmental Review: A completed Environmental Checklist, dated May 1,
2015, 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 May 1, 2015
with a 14 day comment period. (Attached as Exhibit B) 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 April 7, 2015. On April 22, 2015
Commerce approved expedited review. (Correspondence attached as Exhibit
C.)
E. Agency Review: On April 7, 2015, staff transmitted the proposed amendments
to the following agencies: East Wenatchee Water District, Douglas County Sewer
District, Douglas County Land Services Department, Douglas County Fire
District, City of Wenatchee, Chelan County, and Chelan-Douglas Health District.
The only comment received was from Douglas County Land Services
Department regarding parking for production businesses as noted earlier in this
staff report.
III. SUMMARY
Planning Staff Comments:
Staff recommends approval of the proposed amendments to the EWMC for marijuana-
related businesses 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.
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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 May 1, 2015. 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 May 1, 2015. 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. On April 7, 2015 the proposed code amendments were transmitted to East
Wenatchee Water District, Douglas County Sewer District, Douglas County Land
Services Department, Douglas County Fire District, City of W enatchee, Chelan
County, and Chelan-Douglas Health District. The draft document was amended
to address comments received.
8. 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 April 7, 2015 initiating the state review
and comment period and requesting expedited review.
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9. Commerce acknowledged receipt of the proposed amendment on April 8, 2015
and assigned the project Material ID#21174.
10. On April 22, 2015, Commerce transmitted an e-mail approving expedited review.
11. On May 8, 2015, a Notice of Public Hearing was published in the Wenatchee
World.
12. The planning staff file of records, including the staff report, noticing documents,
and SEPA review documents are admitted into the record.
13. An open record public hearing was held by the East Wenatchee Planning
Commission on May 19, 2015.
14. Any Conclusion of Law that is more correctly a Finding of Fact is hereby
incorporated as such by this reference.
15. 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 5/8/2015)
B. DNS & SEPA Checklist
C. Commerce Request of Expedited Review, Acknowledgement Letter and approval
of Expedited Review
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City of East Wenatchee, Washington
Ordinance No. 2015-__
An Ordinance of the City of East Wenatchee amending the
East Wenatchee Municipal Code in Section 17.08.063,
Section 17.66.050, and adding a new Chapter 17.60
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; prohibiting
medical cannabis collective gardens in all zoning districts of
the city; repealing Ordinance No. 2014-01; entering
legislative findings; providing for severability; and
establishing an effective date.
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. In 1998, the voters of the state of Washington passed Initiative 692
establishing provision for medical marijuana that were enacted as
Chapter 69.51A RCW. By amending Chapter 69.51A RCW, the
Washington State legislature expanded the scope of certain
activities involving the use of marijuana for medical purposes,
including the ability of "qualifying patients" to create and participate
in "collective gardens" for the purpose of producing, processing,
transporting, and delivering marijuana for medical use, subject to
certain conditions. The requirement to license collective gardens
and dispensaries was vetoed by the Governor.
1.3. In 2012, the voters of the state of Washington passed Initiative
502. I-502 authorizes the issuance of marijuana producer,
processor and retailer licenses, subject to the provison that retail
sale and certain acts of producing and processing marijuana in
accordance with 1-502 and implementing regulations shall not be a
criminal or civil offense under Washington state law, and subject to
the further proviso that no such license shall be issued shall not
issue a license for any premises within one thousand feet of the
perimeter of the grounds of any elementary or secondary school,
playground, recreation center or facility, child care center, public
park, public transit center, or library, or any game arcade
admission to which is not restricted to persons aged twenty-one
years or older.
1.4. I-502 requires the Washington State Liquor Control Board ("LCB")
to adopt rules establishing the procedures and criteria for the
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licensing and operation of marijuana producers, processors and
retailers.
1.5. The LCB re-filed its proposed rules regulating recreational
marijuana uses on September 4, 2013, and adopted the proposed
rules on October 16, 2013.
1.6. The LCB rule became effective on November 16, 2013 and the
deadline for license applications was December 20, 2013.
1.7. The LCB allocated 1 recreational marijuana retail license for the
City of East Wenatchee and there are no limits on the number or
recreational marijuana producer and processer licenses that may
be issued.
1.8. Marijuana is classified as a Schedule I controlled substance under
federal law and crimes related to marijuana remain subject to
prosecution under federal law
1.9. On August 29, 2013, the United States Department of Justice,
Office of the Attorney General, ("DOJ") released updated guidance
regarding marijuana enforcement. The guidance reiterates that
DOJ is committed to using its limited investigative and
prosecutorial resources to address the most significant threats to
public safety related to marijuana crimes in "the most effective,
consistent, and rational way." The guidance directs federal
prosecutors to review potential marijuana-related charges on a
case-by-case basis and weigh all information and evidence,
including whether the operation is demonstrably in compliance with
a strong and effective state regulatory system and if the conduct at
issue implicates one or more of the eight stated federal
enforcement priorities. The DOJ appears to not differentiate
application of the guidance between medical cannabis and
recreational marijuana.
1.10. The DOJ may change its August 29, 2013 guidance at any time
and without notice. Currently, federal law conflicts with state law
set forth in I-502. The DOJ has discretionary authority to enforce
federal law at any time.
1.11. On April 24, 2015, Governor Inslee signed into law, Second
Substitute Senate Bill 5054, substantially amending state law as it
pertains to marijuana production, processing, retailing and
possession.
1.11.1.12. The production, processing, and retailing of marijuana
remains in violation of the federal Controlled Substance Act (CSA),
the City Council wishes to acknowledge the will of the City and
State voters and the authority exercised by the state of
Washington and the State Liquor Control Board to license such
facilities, leaving all issues relating to the legality, licensing, siting
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and permitting of such facilities to be determined by the federal
and state governments in the exercise of their lawful authority, as
finally determined by a court of appropriate jurisdiction.
1.12.1.13. 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.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
ORDAIN AS FOLLOWS:
3. Amendment 2. The City Council amends 17.08.063 EWMC relating
to Definitions to read:
“Agriculture” means the tilling of the soil; the raising of crops; forestry;
horticulture; nonretail greenhouses, nurseries and gardening; and the
keeping or raising of livestock and poultry. Agriculture does not include
the growing or production of marijuana.
4. Amendment 3. The City Council amends 17.66.050 EWMC relating to
Home Occupations to read:
17.66.050 Prohibited uses.
The following uses are deemed to be prohibited:
A. Clinics or hospitals;
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
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for immediate use in or on the premises;
K. Marijuana production, marijuana processing, marijuana retailer,
and medical marijuana collective gardens; and
KL. 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.
5. Amendment 4. The City Council adds a new chapter 17.60 to the
East Wenatchee Municipal Code.
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.
17.60.010 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:
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1. Marijuana processor, marijuana producer, and marijuana retailer
businesses may be permitted to operate within the General
Commercial (G-C) Zoning District.
1.2. 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.
17.60.040 Definitions
The definitions established in RCW 69.50.101 and WAC 314-55-010 are
adopted by this reference. 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 garden" means the growing, production, processing,
transportation, and delivery of cannabis (i.e. marijuana), by qualifying
patients for medical use, as set forth in Chapter 69.51A 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
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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 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
control 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
controland 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 control
and cannabis board to sell marijuana concentrates, useable marijuana
and marijuana-infused products in a retail outlet.
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Q. "Perimeter" means a property line that encloses an area.
R. "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. "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. "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. "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 organization, city, county, state, or federal
government.
V. “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. "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. "Useable marijuana" means dried marijuana flowers. The term
“useable marijuana" does not include either marijuana-infused
products or marijuana concentrates.
Y. "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;
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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 hasis located and operating in accordancecompliance 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 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. Sufficient measures and means of preventing smoke, odors, debris,
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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.
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 sales area plus 1 space/each
1,000 s.f. of outdoor sales 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.
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17.60.110 Design standards and guidelines.
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 Control
and Cannabis Board for operation of any recreational 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.
6. Recitals Adopted as Findings of Fact. The City Council adopts the
above recitals as its findings of fact in support of this ordinance.
7. Findings of Fact. The City Council adopts the following findings of
fact and conclusions:
Reserved
8. 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.
9. Severability. If a court of competent jurisdiction declares any provision
in this Ordinance to be contrary to law, such declaration shall not affect
Page 96 of 172
the validity of the other provisions of this Ordinance.
10. 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.
11. Effective Date This Ordinance becomes effective five days after the
date its summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this __________ day of _____________________________,
2015.
CITY OF EAST W ENATCHEE, WASHINGTON
By _________________________________
Steven C. Lacy, Mayor
AUTHENTICATED BY:
_____________________________________
Dana Barnard, City Clerk
Approved as to form only:
_____________________________________
Devin Poulson, City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Published: __________
Effective Date: __________
Page 97 of 172
Summary of Ordinance No. 2015-__
Of the City of East Wenatchee, Washington
On the __________ day of ____________________________________,
2015, the City Council of the City of East Wenatchee, Washington
approved Ordinance No. 2015-__, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the
East Wenatchee Municipal Code in Section 17.08.063,
Section 17.66.050, and adding a new Chapter 17.60
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; prohibiting
medical cannabis collective gardens in all zoning districts of
the city; repealing Ordinance No. 2014-01; 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 ________________________________,
2015.
_____________________________
Dana Barnard, City Clerk
Page 98 of 172
Page 99 of 172
SEPA ENVIRONMENTAL CHECKLIST
UPDATED 2014 Purpose of checklist:
Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are
significant. This information is also helpful to determine if available avoidance, minimization or compensatory
mitigation measures will address the probable significant impacts or if an environmental impact statement will be
prepared to further analyze the proposal. Instructions for applicants: [help]
This environmental checklist asks you to describe some basic information about your proposal. Please answer each
question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist
or private consultant for some questions. You may use “not applicable” or "does not apply" only when you can
explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by
reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the
SEPA process as well as later in the decision-making process.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on
different parcels of land. Attach any additional information that will help describe your proposal or its environmental
effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional
information reasonably related to determining if there may be significant adverse impact.
Instructions for Lead Agencies:
Please adjust the format of this template as needed. Additional information may be necessary to evaluate the
existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is
considered the first but not necessarily the only source of information needed to make an adequate threshold
determination. Once a threshold determination is made, the lead agency is responsible for the completeness and
accuracy of the checklist and other supporting documents.
Use of checklist for nonproject proposals: [help]
For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of
sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all
questions that apply and note that the words "project," "applicant," and "property or site" should be read as
"proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-
projects) questions in Part B - Environmental Elements –that do not contribute meaningfully to the analysis of the
proposal.
A. background [help]
1. Name of proposed project, if applicable: [help]
East Wenatchee Zoning Text Amendment 2013-02 – Marijuana Related Uses
2. Name of applicant: [help]
City of East Wenatchee and Douglas County
3. Address and phone number of applicant and contact person: [help]
Lorraine C. Barnett, Director
East Wenatchee Community Development Department
271 9th St. NE
East Wenatchee, WA 98802
Phone 509.884.5396
Page 100 of 172
4. Date checklist prepared: [help]
May 1, 2015
5. Agency requesting checklist: [help]
City of East Wenatchee
6. Proposed timing or schedule (including phasing, if applicable): [help]
A public hearing before the East Wenatchee planning commissions is
scheduled for May 19, 2015. Final action by the East Wenatchee City Council
is anticipated by June 9, 2015. Action by Douglas County is anticipated by July
of 2015
7. Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain. [help]
No.
8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal. [help]
The Washington State Liquor Control Board issued a Determination of
Nonsignificance on July 12, 2013 and SEPA Checklist prior to state rule
adoption. They issued an addendum on September 26, 2013. BOTEC Analysis
Corporation prepared an Environmental Risks and Opportunities in Cannabis
Cultivation report on June 28, 2013 that was revised and finalized on
September 7, 2013.
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes, explain. [help]
No
10. List any government approvals or permits that will be needed for your proposal, if known.
[help]
Final action by the East Wenatchee City and Council Douglas County Board of
Commissions is required.
11. Give brief, complete description of your proposal, including the proposed uses and the size
of the project and site. There are several questions later in this checklist that ask you to
describe certain aspects of your proposal. You do not need to repeat those answers on this
page. (Lead agencies may modify this form to include additional specific information on project
description.) [help]
A joint city of East Wenatchee and Douglas County proposal to amend the East
Wenatchee Municipal Code to establish regulations pertaining to marijuana related
uses; permitting the production, processing and retailing of marijuana as regulated
pursuant to Washington State Initiative No. 502 in certain zoning districts; and
prohibiting medical cannabis collective gardens in all zoning districts. Douglas
County adopts city regulations for application within the urban growth area.
Page 101 of 172
12. Location of the proposal. Give sufficient information for a person to understand the precise
location of your proposed project, including a street address, if any, and section, township, and
range, if known. If a proposal would occur over a range of area, provide the range or
boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic
map, if reasonably available. While you should submit any plans required by the agency, you
are not required to duplicate maps or detailed plans submitted with any permit applications
related to this checklist. [help]
The proposal is a non-project action that covers properties located within the City
of East Wenatchee and unincorporated Douglas County within the East
Wenatchee urban growth area.
B. ENVIRONMENTAL ELEMENTS [help]
1. Earth
a. General description of the site [help]
(circle one): Flat, rolling, hilly, steep slopes, mountainous,
other:
The Greater East Wenatchee area is located on a series of benches overlooking
the Columbia River. The planning area includes flat areas, rolling hills, and areas
with steep slopes.
b. What is the steepest slope on the site (approximate percent slope)? [help]
Slopes vary from less than 5% to over 65%. The slope is predominantly from a
west (lowest point) to east (highest point) and from north (highest point) to
south (lowest point). Several canyons and drainage basins bisect the planning
area.
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
muck)? If you know the classification of agricultural soils, specify them and note any
agricultural land of long-term commercial significance and whether the proposal results in
removing any of these soils. [help]
This is an area-wide proposal. Soils in the community include sand, sandy and
gravelly loam. No soils will be removed as a result of this proposal. No
commercial agricultural land is included or affected by this proposal.
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so,
describe. [help]
There are geologically hazardous areas located mainly in the north and east of
the urban growth boundary, where the topography becomes steeper.
e. Describe the purpose, type, total area, and approximate quantities and total affected area of
any filling, excavation, and grading proposed. Indicate source of fill. [help]
Not applicable, this is a non-project action.
Page 102 of 172
f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
[help]
No, this is a non-project action. Any land development activities occurring as a
result of the proposed change of land use designations must comply with
development standards.
g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)? [help]
This is a non-project action. Any land development activities occurring as a result
of the proposed change must comply with development standards. The
development standards generally require 10 to 20% of the site to remain in
landscaping. The maximum impervious surface coverage for most projects
would range from 80 to 90%.
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: [help]
This is a non-project action. Any land development activities occurring as a result
of the proposed change must comply with development standards. East
Wenatchee and Douglas County are NPDES Phase II communities. Erosion
control measures are required for land development projects.
2. Air a. What types of emissions to the air would result from the proposal during construction,
operation, and maintenance when the project is completed? If any, generally describe and
give approximate quantities if known. [help]
This is a non-project action. Any land development activities occurring as a result
of the proposed change of land use designations must comply with development
standards.
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so,
generally describe. [help]
This is a non-project action that is area-wide in nature.
c. Proposed measures to reduce or control emissions or other impacts to air, if any: [help]
This is a non-project action. Any land development activities occurring as a result
of the proposed change must comply with development standards
3. Water
a. Surface Water: [help] 1) Is there any surface water body on or in the immediate vicinity of the site (including
year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe
type and provide names. If appropriate, state what stream or river it flows into. [help]
The Greater East Wenatchee area is bordered to the west by the Columbia
River. Sand Canyon Creek is an intermittent stream and major drainage
channel that drains a large area between 19th Street and 10th Street NE.
Page 103 of 172
Canyon A is a major drainage channel that bisect the area between 10th Street
NE and Grant Road. Canyon B is a major drainage channel located between
33rd Street and 27th Street NE. All of these drainage channels convey rural and
urban storm water drainage to the Columbia River.
2) Will the project require any work over, in, or adjacent to (within 200 feet) the described
waters? If yes, please describe and attach available plans. [help]
No, this is a non-project action. Any land development activities occurring as a
result of the proposed change must comply with development standards.
3) Estimate the amount of fill and dredge material that would be placed in or removed
from surface water or wetlands and indicate the area of the site that would be affected.
Indicate the source of fill material. [help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards.
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known. [help]
No
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
[help]
Yes, portions of the city and county are located in the 100-year floodplain
associated with Sand Canyon Creek, Canyon A, and Canyon B.
6) Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge. [help]
No
b. Ground Water:
1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so,
give a general description of the well, proposed uses and approximate quantities
withdrawn from the well. Will water be discharged to groundwater? Give general
description, purpose, and approximate quantities if known. [help]
No
2) Describe waste material that will be discharged into the ground from septic tanks or
other sources, if any (for example: Domestic sewage; industrial, containing the
following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the
number of such systems, the number of houses to be served (if applicable), or the
number of animals or humans the system(s) are expected to serve. [help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards.
Page 104 of 172
c. Water runoff (including stormwater):
1) Describe the source of runoff (including storm water) and method of collection
and disposal, if any (include quantities, if known). Where will this water flow?
Will this water flow into other waters? If so, describe. [help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards.
2) Could waste materials enter ground or surface waters? If so, generally describe. [help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards.
3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If
so, describe.
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards.
d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage
pattern impacts, if any:
This is a non-project action. Any land development activities occurring as a result
of the proposed change must comply with development standards. East
Wenatchee and Douglas County require on-site storm water management
facilities for most development proposals.
4. Plants [help] a. Check the types of vegetation found on the site: [help]
__x__deciduous tree: alder, maple, aspen, other
__ x __evergreen tree: fir, cedar, pine, other
__ x __shrubs
__ x __grass
__ x __pasture
____crop or grain
__ x __ Orchards, vineyards or other permanent crops.
____ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
____water plants: water lily, eelgrass, milfoil, other
____other types of vegetation
b. What kind and amount of vegetation will be removed or altered? [help]
None, this is a non-project action. Any land development activities occurring as a
result of the proposed change must comply with development standards.
Page 105 of 172
c. List threatened and endangered species known to be on or near the site. [help]
None known.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any: [help]
This is a non-project action. Any land development activities occurring as a result
of the proposed change must comply with development standards including
requirements for landscaping.
e. List all noxious weeds and invasive species known to be on or near the site.
Knap weed and Russian Thistle are known to be in the area.
5. Animals
a. List any birds and other animals which have been observed on or near the site or are known
to be on or near the site. Examples include: [help]
birds: hawk , heron , eagle , songbirds , other:
mammals: deer , bear, elk, beaver , other:
fish: bass, salmon , trout , herring, shellfish, other ________
b. List any threatened and endangered species known to be on or near the site. [help]
Upper Columbia River Spring Chinook Salmon and Summer Steelhead are
species found in the Columbia River and may use the lower portion of Sand
Canyon Creek. These species have been listed as endangered.
c. Is the site part of a migration route? If so, explain. [help]
No.
d. Proposed measures to preserve or enhance wildlife, if any: [help]
None, this is a non-project action. Any land development activities occurring as a
result of the proposed change must comply with development standards.
e. List any invasive animal species known to be on or near the site.
None known.
6. Energy and natural resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet
the completed project's energy needs? Describe whether it will be used for heating,
manufacturing, etc. [help]
Not applicable, this is a non-project action.
b. Would your project affect the potential use of solar energy by adjacent properties?
If so, generally describe. [help]
Not applicable, this is a non-project action.
Page 106 of 172
c. What kinds of energy conservation features are included in the plans of this proposal?
List other proposed measures to reduce or control energy impacts, if any: [help]
Not applicable, this is a non-project action. Any construction activities occurring
as a result of the proposed change of land use designations must comply with
state building code and energy code.
7. Environmental health
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk
of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal?
If so, describe. [help]
Not applicable, this is a non-project action.
1) Describe any known or possible contamination at the site from present or past uses.
Several properties within the planning area are, or have been used for
agriculture. Various contaminates including lead and arsenic are typically
found in soil that has been used for agricultural purposes.
2) Describe existing hazardous chemicals/conditions that might affect project development
and design. This includes underground hazardous liquid and gas transmission pipelines
located within the project area and in the vicinity.
Not applicable, this is a non-project action. Any land development
activities occurring as a result of the proposed change must comply with
development standards.
3) Describe any toxic or hazardous chemicals that might be stored, used, or produced
during the project's development or construction, or at any time during the operating
life of the project.
Not applicable, this is a non-project action. Any land development
activities occurring as a result of the proposed change must comply with
development standards.
4) Describe special emergency services that might be required.
Not applicable, this is a non-project action. Any land development
activities occurring as a result of the proposed change must comply with
development standards.
5) Proposed measures to reduce or control environmental health hazards, if any:
Not applicable, this is a non-project action. Any land development
activities occurring as a result of the proposed change must comply with
development standards.
Page 107 of 172
b. Noise
1) What types of noise exist in the area which may affect your project (for example:
traffic, equipment, operation, other)? [help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards.
2) What types and levels of noise would be created by or associated with the project on a
short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi-
cate what hours noise would come from the site. [help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards.
3) Proposed measures to reduce or control noise impacts, if any: [help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards.
8. Land and shoreline use
a. What is the current use of the site and adjacent properties? Will the proposal affect current
land uses on nearby or adjacent properties? If so, describe. [help]
Land uses in the planning area include varying levels of residential,
commercial, agricultural, recreational, and industrial activities as well as public
and quasi-public facilities and services.
b. Has the project site been used as working farmlands or working forest lands? If so, describe.
How much agricultural or forest land of long-term commercial significance will be converted to
other uses as a result of the proposal, if any? If resource lands have not been designated,
how many acres in farmland or forest land tax status will be converted to nonfarm or
nonforest use? [help]
This will be applicable to commercial and industrial land use and zoning
designations. Some of these properties are currently being used for agricultural
production. None of the properties that would be eligible for the proposed land
use are designated as commercial agricultural lands.
1) Will the proposal affect or be affected by surrounding working farm or forest land normal
business operations, such as oversize equipment access, the application of pesticides,
tilling, and harvesting? If so, how:
No.
c. Describe any structures on the site. [help]
The proposal includes a large geographic area which is developed with a
variety of structures for residential, commercial, agricultural, recreational, and
industrial activities as well as public and quasi-public facilities and services.
Page 108 of 172
d. Will any structures be demolished? If so, what? [help]
No, this is a non-project action.
e. What is the current zoning classification of the site? [help]
The proposal would permit marijuana related businesses in the following zoning
districts: general commercial, central business district, and general industrial .
f. What is the current comprehensive plan designation of the site? [help]
The proposal affects the following comprehensive plan land use designations:
general commercial, central business district, and general industrial.
g. If applicable, what is the current shoreline master program designation of the site? [help]
Natural and Urban Conservancy
h. Has any part of the site been classified as a critical area by the city or county? If so, specify.
[help]
The City of East Wenatchee and the Urban Growth Area (UGA) include a
number of designated critical areas. These critical areas include geologically
hazardous areas, frequently flooded areas, and fish and wildlife habitat
conservation areas.
The geologically hazardous areas are mainly located in the north and east part
of the urban growth boundary, where the topography becomes steeper.
Fish and wildlife habitat conservation areas northeast of the UGA include
habitat for mule deer. The Sand Canyon drainage and Columbia River include
fish and wildlife habitat conservation areas.
Sand Canyon, Canyon A, and Canyon B include designated floodplains.
i. Approximately how many people would reside or work in the completed project? [help]
Not applicable, this is a non-project action.
j. Approximately how many people would the completed project displace? [help]
Not applicable, this is a non-project action.
k. Proposed measures to avoid or reduce displacement impacts, if any: [help]
Not applicable, this is a non-project action.
L. Proposed measures to ensure the proposal is compatible with existing and projected land
uses and plans, if any: [help]
The proposed marijuana related businesses permited within each zoning
district is similar in character and level of intensity to other uses that are
permitted within those classifications. Retail sales of marijuana are proposed to
be allowed in the commercial districts that allow other retail land uses.
Marijuana production and processing are allowed in the general commercial
and general industrial classification since similar land uses are permitted in
those districts..
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m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest
lands of long-term commercial significance, if any:
The only properties proposed to allow this type of use near a commercial
agricultural designation would be in the Bakers Flat area industrial designation.
The state highway separates the industrial land uses to the east from the
agricultural uses to the west. Since all grow operations are required to be
conducted indoors, pests typically associated with growing cannibus should not
be a significant concern.
9. Housing
a. Approximately how many units would be provided, if any? Indicate whether high, mid-
dle, or low-income housing. [help]
Not applicable, this is a non-project action.
b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low-income housing. [help]
Not applicable, this is a non-project action.
c. Proposed measures to reduce or control housing impacts, if any: [help]
Any land development must comply with development standards.
10. Aesthetics
a. What is the tallest height of any proposed structure(s), not including antennas; what is
the principal exterior building material(s) proposed? [help]
Not applicable, this is a non-project action.
b. What views in the immediate vicinity would be altered or obstructed? [help]
Not applicable, this is a non-project action.
c. Proposed measures to reduce or control aesthetic impacts, if any: [help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards. Each zoning district includes a maximum building height.
11. Light and glare
a. What type of light or glare will the proposal produce? What time of day would it mainly
occur? [help]
Not applicable, this is a non-project action.
b. Could light or glare from the finished project be a safety hazard or interfere with views? [help]
Not applicable, this is a non-project action.
c. What existing off-site sources of light or glare may affect your proposal? [help]
Not applicable, this is a non-project action.
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d. Proposed measures to reduce or control light and glare impacts, if any: [help]
Any land development activities occurring as a result of the proposed change
must comply with development standards.
12. Recreation
a. What designated and informal recreational opportunities are in the immediate vicinity? [help]
The Apple Capital Loop Trail system is located adjacent to the Columbia River
providing walking, bicycling and skating recreational opportunities. The
Eastmont School District and the Eastmont Metropolitan Park District maintain
athletic fields, parks and other recreation facilities for formal and informal
recreation and sporting events. There is a private golf course within the city
and another one that is adjacent to and southeast of the proposed expanded
urban growth area.
b. Would the proposed project displace any existing recreational uses? If so, describe. [help]
No
c. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any: [help]
State regulations require a minimum buffer setback of 1,000 feet between
parks and primary and secondary schools and any proposed marijuana related
business.
13. Historic and cultural preservation
a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years
old listed in or eligible for listing in national, state, or local preservation registers located on or
near the site? If so, specifically describe. [help]
None that are known.
b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation?
This may include human burials or old cemeteries. Are there any material evidence, artifacts,
or areas of cultural importance on or near the site? Please list any professional studies
conducted at the site to identify such resources. [help]
It is likely that there are Native American sites in the vicinity.
c. Describe the methods used to assess the potential impacts to cultural and historic resources
on or near the project site. Examples include consultation with tribes and the department of
archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc.
[help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards which may include requirements for cultural surveys evaluate the
development site.
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d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance
to resources. Please include plans for the above and any permits that may be required.
Any land development activities occurring as a result of the proposed change
must comply with development standards and any mitigation measures identified
by affected tribes and the department of archeology and historic preservation.
14. Transportation
a. Identify public streets and highways serving the site or affected geographic area and
describe proposed access to the existing street system. Show on site plans, if any. [help]
This is an area-wide proposal including a large number of streets.
b. Is the site or affected geographic area currently served by public transit? If so, generally
describe. If not, what is the approximate distance to the nearest transit stop? [help]
Link Transit provides public bus service throughout the city of East Wenatchee
and much of the urban area.
c. How many additional parking spaces would the completed project or non-project proposal
have? How many would the project or proposal eliminate? [help]
Not applicable, this is a non-project action.
d. Will the proposal require any new or improvements to existing roads, streets, pedestrian,
bicycle or state transportation facilities, not including driveways? If so, generally describe
(indicate whether public or private). [help]
Not applicable, this is a non-project action. Any land development activities
occurring as a result of the proposed change must comply with development
standards which include requirements for the construction of roads.
e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe. [help]
Not applicable, this is a non-project action.
f. How many vehicular trips per day would be generated by the completed project or proposal?
If known, indicate when peak volumes would occur and what percentage of the volume would
be trucks (such as commercial and nonpassenger vehicles). What data or transportation
models were used to make these estimates? [help]
Not applicable, this is a non-project action.
g. Will the proposal interfere with, affect or be affected by the movement of agricultural and
forest products on roads or streets in the area? If so, generally describe.
Not applicable, this is a non-project action.
h. Proposed measures to reduce or control transportation impacts, if any: [help]
Not applicable, this is a non-project action.
15. Public services
Page 112 of 172
Page 113 of 172
1. How would the proposal be likely to increase discharge to water; emissions to air; production,
storage, or release of toxic or hazardous substances; or production of noise?
The proposed regulations require indoor cannabis cultivation. That type of
activity often employs pesticides and herbicides. Water quality impacts can be
associated with application of these agricultural chemicals. Hydroponic pollution
is also a concern for indoor cultivation. In addition to higher water demand,
hydroponic systems produce more nutrient pollution than other growing methods.
Lighting materials used in indoor cannabis cultivation have environmental risks if
not properly managed for disposal. Some of the bulbs used for grow operations
are not recyclable.
Cultivation of marijuana can also result in the discharge of odor. Marijuana
plants, particularly as they mature, produce a distinctive odor that is often
detectable far beyond property boundaries. This strong, distinctive odor can
interfere with neighboring owners' use and enjoyment of their property.
Proposed measures to avoid or reduce such increases are:
Existing standards, codes, and laws would be applied to mitigate impacts.
Increases in air emissions and noise, as a consequence of development at
any scale, will be analyzed during project review and mitigated as necessary
as part of the development review and approval process. The proposed code
amendments include requirements to mitigate odor emissions.
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Modification of the natural environment would likely occur as a consequence of
project development. As development occurs, it is anticipated that vegetation
removal would occur because of the change from low intensity land use to more
intense commercial and industrial land uses. Since all grow operations are
required to be conducted indoors, pests typically associated with growing
cannibus should not be a significant concern.
Proposed measures to protect or conserve plants, animals, fish, or marine life are:
Any land development activities occurring as a result of the proposed change
must comply with development standards. Both the city and the county have
landscape codes and other standards intended to protect habitats and preserve
the character and appearance of the community. Industrial and commercial
development must provide a certain specific amount of landscaping. Larger
developments are also required to provide on-site open space and recreation.
3. How would the proposal be likely to deplete energy or natural resources?
The proposed regulations permit only indoor cannabis grow operations. That
type of grow operation uses significantly more energy than an outdoor operation.
Proposed measures to protect or conserve energy and natural resources are:
Any construction activities occurring as a result of the proposed change of land
use to a grow operation must comply with building code regulations for energy
conservation and low use water facilities.
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or under study) for governmental protection; such as parks,
Page 114 of 172
wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime farmlands?
The law and proposed regulations restrict a marijuana business from locating
within a 1,000 feet of public parks. No marijuana related business are
permitted to operate on federal lands.
Proposed measures to protect such resources or to avoid or reduce impacts are:
Any land development activities occurring because of the proposed change of
land use to a marijuana related business must comply with development
standards that include regulations protecting resources and critical areas.
Identification of historic or cultural resources would require additional mitigation.
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
The proposal does not affect land or shoreline use.
Proposed measures to avoid or reduce shoreline and land use impacts are:
Not applicable, this is a non-project action. A facility opeating under the proposed
regulations must follow all local and state land use and shoreline laws and
regulations
6. How would the proposal be likely to increase demands on transportation or public
services and utilities?
The proposed regulations regulations would allow a land use category that is
currently not listed as a permitted use. These types of facilities include retail
trade, production or growing operations and processing or manufacturing. It is
unlikely there would be a significant increase in demand for transportation. It is
anticipated that there may be an increased demand for electrical utilities to
provide power for indoor grow operations and water for growing and processing.
Proposed measures to reduce or respond to such demand(s) are:
Increases in all of these, as a consequence of development at any scale, must
be analyzed and mitigated as necessary as development occurs. The utility
providers determine the extent of any infrastructure upgrades that would be
necessary to serve a proposed marijuana business. The upgrades are typically
the responsibility of the user.
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or
requirements for the protection of the environment.
The proposal under consideration is not in conflict with local, state or federal
regulations for the protection of the environment.
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Dear Ms. Barnett:
Community Development Director
City of East Wenatchee
271 - 9th Street Northeast
East Wenatchee, Washington 98802
Thank you for sending the Washington State Department of Commerce (Commerce) the following materials
as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this
procedural requirement.
April 8, 2015
Lorraine Barnett
City of East Wenatchee - Proposed ordinance amending the City Code; adopting regulations for
marijuana related uses; permitting the production, processing and retailing of marijuana in certain
commercial zoning districts; and prohibiting medical cannabis collective gardens in all zoning
districts of the city. This is a joint notice of intent and request for expedited review for the City and
Douglas County. These materials were received on April 07, 2015 and processed with the material ID
# 21174. Expedited Review is requested under RCW 36.70A.106(3)(b).
If this submitted material is an adopted amendment, then please keep this letter as documentation that you
have met the procedural requirement under RCW 36.70A.106.
If you have submitted this material as a draft amendment requesting expedited review, then we have
forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more
state agencies indicate that they will be commenting, then Commerce may deny expedited review and the
standard 60-day review period will end on June 06, 2015. Commerce will notify you by e-mail regarding of
approval or denial of your expedited review request. If approved for expedited review, then final adoption
may occur no earlier than April 21, 2015. Please remember to submit the final adopted amendment to
Commerce within ten (10) days of adoption.
If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov,
or call Dave Andersen (509) 434-4491.
Sincerely,
Review Team
Growth Management Services
Page 117 of 172
From:COM GMU Review Team
To:Lori Barnett
Cc:Andersen, Dave (COM)
Subject:21174, City of East Wenatchee, Expedited Review Granted, DevRegs
Date:Wednesday, April 22, 2015 7:07:24 AM
Dear Ms. Barnett:
The City of East Wenatchee has been granted expedited review for the: Proposed ordinance
amending the City Code, adopting regulations for marijuana related uses, permitting the
production, processing and retailing of marijuana in certain commercial zoning districts, and
prohibiting medical cannabis collective gardens in all zoning districts of the city. This is a
joint notice of intent and request for expedited review for the City and Douglas County. This
proposal was submitted for the required state agency review under RCW 36.70A.106.
As of receipt of this email, the City of East Wenatchee has met the Growth Management Act
notice to state agency requirements in RCW 36.70A.106 for this submittal. For the purpose
of documentation, please keep this email as confirmation.
If you have any questions, please contact reviewteam@commerce.wa.gov
Thank you.
Review Team, Growth Management Services
Department of Commerce
P.O. Box 42525
Olympia WA 98504-2525
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Resolution(s)
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Page 1 of 2
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 15-05-09 AGENDA ITEM # 9
PRESENTER: Lori Barnett AGENDA DATE: May 20, 2015
POSITION: Director DEPARTMENT: Community Development
TITLE:
A Resolution of the City of East Wenatchee, Washington, adopting Amendment #1 to the “City of East
Wenatchee 2014 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 .
BACKGROUND/HISTORY:
The 2014 Annual CDBG award was $110,141. In the 2014 Annual Action Plan, the City of East Wenatchee
obligated the funds to the following projects:
$85,141 to the French Avenue street improvement project.
$15,000 for administration and planning for the CDBG Program.
$10,000 to address issues included in t Impediment #1 of the City’s Analysis of Impediments to Fair
Housing Choice.
Additional funding is needed for two projects:
o the removal of material and architectural barriers which restrict the mobility and accessibility of
elderly and severely handicapped persons in the public sidewalk and parking facilities ; and
o a new 5-year community development and housing consolidated plan
The proposed amendment will reprogram funds from the French Avenue project to implement the following
changes in obligation of 2014 program year funds:
1. Removing barriers to accessibility at East Wenatchee City Hall to comply with ADA and Section 504
requirements – Obligate $41,922 to complete the project.
2. Administrative and planning funds for CDBG program – Increase the obligation by $7,028. Total
administrative funding, including previously awarded amounts will be $22,028.
3. French Avenue street improvements - De-obligate $48,950. Total project funding from 2014
Program Year will be reduced to $36,191.
EXHIBITS:
Resolution 2015-14 with Exhibit A
RECOMMENDED ACTION:
Staff respectfully requests approval of Resolution 2015-11 adopting Amendment #1 to the “City Of East
Wenatchee 2014 Annual Action Plan”
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A Amendments will be needed
between the individual line
items to implement the
change in expenditures
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Page 2 of 2
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Collings Councilmember Raab
Councilmember Johnson Councilmember Buckner
Councilmember McCourt Councilmember Detering
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
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RESOLUTION NO. 2015-11 A Resolution of the City of East Wenatchee, Washington, adopting Amendment #1 to the “City of East Wenatchee 2014 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. 1. Recitals
a. Preamble.
i. In 2009, the City of East Wenatchee (“City”) was notified by the U.S. Department of Housing and Urban Development (HUD) that it qualified as an entitlement community and was eligible to receive annual grants from the Community Development Block Grant Program (CDBG).
ii. The City Council of East Wenatchee (“City Council”) took action at their August 25, 2009 meeting to accept entitlement status to become a direct recipient of CDBG funds.
iii. The City Council adopted the 2010 - 2015 Community Development and Housing Consolidated Plan and 2010 Annual Action Plan with Resolution 2010-07 on August 10, 2010.
iv. The City Council adopted the 2014 Annual Action Plan with Resolution 2014-19 on August 12, 2014.
b. Authority.
i. The City of East Wenatchee is a non-charter code city duly incorporated and operating under the laws of the State of Washington.
ii. RCW 35A.74 authorizes the City to administer programs to assist low income individuals.
iii. The U.S. Department of Housing and Urban Development regulations at 24 CFR Part 91 require entitlement communities to adopt a consolidated plan and an annual action plan.
c. Background.
i. On August 1, 2013, the City was notified by HUD that City Hall facilities were out of compliance with HUD requirements for accessibility and accommodations for persons with disabilities. The specific issues inside City Hall related to the public drinking fountain and the public restrooms. Exterior issues related to the sidewalk adjacent to the parking lot connecting City Hall to the public sidewalk along 9th Street NE.
Page 123 of 172
ii. The City submitted a Voluntary Compliance Agreement in September 2013 establishing a schedule for completing the internal and external modifications to the City Hall facilities. The estimated costs for the improvements necessary to remove the architectural barriers to accessibility for the building interior was $1,775 and for the sidewalk $27,500 for a total of $29,275.
iii. On April 22, 2014, the City Council adopted Resolution 2014-06 amending the 2011 Annual Action Plan to provide $38,648 to provide funding for the improvements for accessibility.
iv. A professional engineer completed the design for the sidewalk project in September 2014. The engineer’s estimated cost for construction of the project was $55,367.
v. In November 2014, construction bids were solicited and ultimately rejected since they exceeded the engineer’s estimated by 44-71%.
vi. In December of 2014, the internal improvements were completed at a cost of $1,811.31.
vii. In January 2015, the City Council decided to continue accepting CDBG funds. A new 5-year Community Development and Housing Consolidated Plan must be completed in 2015. Additional administrative funding was necessary to complete that project. The proposed amendment provides the additional funding for that project.
viii. In February 2015, construction bids were solicited for the sidewalk project. The successful bid was for $57,403. Subsequently their bid was increased to $66,510 to reflect additional costs associated with federal reporting requirements. With the increase, they remained low bidder and Council approved the increase on May 12, 2015.
ix. Additional funding is needed to complete the sidewalk project. The proposed amendment provides the additional funding.
x. The City Hall sidewalk replacement project is necessary for compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. This deficiency was identified in the 2013 HUD Compliance Audit.
xi. 24 CFR §91.105 requires the City to provide citizens with a reasonable opportunity to comment on substantial amendments to a consolidated plan or an annual action plan.
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xii. The proposed amendment decreases the funding for the French Avenue project from $85,141 to $36,191; increased the funding for Administration from $15,000 to $22,028; and allocates $41,922 to the City Hall ADA barrier removal project.
xiii. On April 17, 2015, notice was published in the Wenatchee World the City’s official newspaper describing the proposed amendment and initiating a 30-day comment period terminating on May 18, 2015. The notice included a notice of public hearing announcing that the City Council public hearing on May 26, 2015 to obtain public comment regarding the proposed amendment.
xiv. A copy of the Draft Amendment #1 to the 2014 Annual Action Plan was posted on the City website on April 17, 2015.
xv. The City Council held a public hearing on April 22, 2014 to receive comments and consider adoption of the Draft Amendment #1 to the 2011 Annual Action Plan.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
Section 1: Action. The City Council hereby APPROVES the attached Amendment #1 to the 2014 Annual Action Plan, which is attached to this Resolution as Exhibit “A”.
Section 2: Effective Date. This resolution becomes effective on the date that it is passed by the City Council.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 26th day of May, 2015.
CITY OF EAST WENATCHEE, WASHINGTON By:
Steven C. Lacy, Mayor ATTEST: ___________________________ Dana Barnard, City Clerk FILED WITH THE CITY CLERK: 5/20/2015 PASSED BY THE CITY COUNCIL: RESOLUTION NO. 2015-11
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Page 126 of 172
City of East Wenatchee
Community Development Block Grant Program
Substantial Amendment to the
2014 Annual Action Plan
Amendment #1: Reallocation of Funds
Draft Date 5-20-2015
Community Development Department
271 9th Street NE
East Wenatchee, WA 98802
Phone (509) 884-5396
Fax (509) 886-6113
E-mail: LBarnett@east-wenatchee.com
Page 127 of 172
Background:
The City of East Wenatchee became an entitlement community under Title 1 of the
Housing and Community Development Act of 1974 in 2009. As such, the City receives
federal funds annually from the U.S. Department of Housing and Urban Development
(HUD) under the Community Development Block Grant (CDBG) Program. East
Wenatchee’s CDBG program fiscal year is from October 1 through September 30.
The 2010 – 2015 Community Development & Housing Consolidated Plan is the overall
strategic plan for the use of CDBG funds. The annual action plans describe the City’s
projects for a given year based upon the general goals and objectives in the
Consolidated Plan.
Minor amendments may be made to the Consolidated Plan or Annual Action Plan when
the need arises. The process for a substantial” amendment requires a public comment
period and a public hearing. A “substantial” amendment to the Consolidated Plan or
Annual Action Plan is defined as:
♦ Projects with budgets of $25,000 or more – An increase or decrease of more
than 25% of the budgeted amount (unless the decrease is caused by a
budget under-run).
♦ Projects with budgets of less than $25,000 – An increase or decrease of more
than 50% of the budgeted amount (unless the decrease is caused by a
budget under-run).
♦ A change in purpose, scope, general location, or intended beneficiaries or the
addition of a new project.
♦ A change in the use of funds from one activity to a new project.
The proposal amendment is considered a “substantial” amendment to the 2014 Annual
Action Plan.
Substantial Amendment #1
FY 2014 Annual Action Plan Amendment:
Summary of 2014 Annual Action Plan Projects:
The 2014 Annual CDBG allocation award was $110,141. In the 2014 Annual Action
Plan, the City of East Wenatchee obligated the funds to the following projects:
• $85,141 to the French Avenue street improvement project. The project would
construct curb, gutter, sidewalk, storm water system improvements, and
resurface the street. This is one of the oldest neighborhoods in East Wenatchee
and has a high concentration of low income and minorities.
• $15,000 for administration and planning for the CDBG Program.
• $10,000 to address issues included in the City’s Analysis of Impediments to Fair
Housing Choice. That document identified 8 impediments to fair housing choice.
The City intends to address the recommendations listed in Impediment #1 during
the 2014 program year.
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Description of Proposed 2014 Annual Action Plan Amendments:
1. Removal of barriers restricting mobility and accessibility. This project involves
rehabilitation and reconstruction of City Hall facilities to address issues raised in a
HUD Compliance Audit. The project will remove material and architectural barriers
which restrict the mobility and accessibility of elderly and severely handicapped
persons in the public restrooms; sidewalk and parking facilities; and other public
facilities noted in the HUD Compliance Audit. An amendment to the 2011 Annual
Action Plan reallocated $38,648 to the project. The project must be completed in
2015.
The building interior renovations have been completed. The original estimate for
those improvements was $1,775. The improvements were completed at a cost of
$1,811.31.
The sidewalk/parking lot improvements have been designed and the estimated cost
for construction was increased to $55,367. Bids were solicited at the end of 2014.
The bids that were submitted were 44% and 71% over the engineering cost
estimate. All bids were rejected.
The project was put out to bid in February 2015. The successful construction bid
was for $57,403. That bid was subsequently increase to $66,510 through a change
order approved by the City Council on May 12, 2015. The requested increase was to
address additional reporting requirements for federal projects. The increase did not
change their status as low-bidder. At the same meeting, the City Council approved a
supplement to the engineering services agreement to increase that contract by
$1,995. The total estimated cost of design and construction for the project is
$80,419. The expenditures to-date for advertisements and design engineering total
$10,102 leaving only $26,583 in 2011 Program Funds for construction and
engineering services during construction. Additional funds are needed for that
project. The proposed amendment would reprogram an additional $41,922
towards that project.
2. Administrative and planning functions. The 2014 Annual Action Plan allocated
$15,000 for administrative and planning activities. The City was considering
withdrawing from the CDBG program. The Council made a decision to stay in the
program and as such, a new 5-year consolidated plan must be prepared before the
end of the 2014 Program Year. Additional administrative funds will be needed for
that project. The City is able to use up to 20% of the annual grant amount for
administration - 20% of $110,141 is $22,028. The proposed amendment would
reprogram an additional $7,028 towards administration and planning.
3. French Avenue street improvement project. The City will reconstruct the street
and install sidewalks to provide better connectivity between residential and
commercial areas and to improve safety for pedestrians. This project is estimated to
cost a total of $425,000. The 2014 Annual Action Plan allocated $85,141 to the
project. CDBG funds of $15,000 from 2011 and $95,160 from 2013 have also been
allocated to this project. Additional funding for the French Avenue project comes
from: Douglas County Sales & Use Taxes, Greater East Wenatchee Area
Stormwater Utility, East Wenatchee Transportation Benefit District, and federal
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Transportation Alternatives Program funds. The proposed amendment would
reduce the 2014 allocation to $36,191.
In summary, the proposed amendment will reprogram funds to implement the following
changes in obligation of 2014 program year funds:
1. Removing barriers to accessibility at East Wenatchee City Hall to comply with
ADA and Section 504 requirements – Obligate $41,922 to complete the project.
2. Administrative and planning funds for CDBG program – Increase the obligation
by $7,028. Total administrative funding, including previously awarded amounts
will be $22,028.
3. French Avenue street improvements - De-obligate $48.950. Total project funding,
from 2014 Program Year will be reduced to $36,191.
Citizen Participation:
A public notice of the proposed amendment and notice of public hearing was published
in the Wenatchee World on April 17, 2015 providing 30 days for the public to comment
on the proposal. Comments were to be submitted to Lori Barnett, East Wenatchee
Community Development Department, 271 9th Street NE, East Wenatchee, WA 98802.
Faxed or e-mailed comments will be accepted: Fax 509.886.6113, E-
mail Lbarnett@east-wenatchee.com. The comment period ended on May 18, 2015. No
comments were received regarding the proposed amendment.
A copy of Amendment #1 to the 2014 Annual Action Plan was posted on the City web
site at www.east-wenatchee.com on April 17, 2015.
The East Wenatchee City Council held a public hearing at 6:30 PM on May 26, 2015 in
the East Wenatchee City Hall Council Chambers, at 271 9th St. NE, East Wenatchee,
Washington. Reserved for public comments and action taken.
Page 130 of 172
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction’s Name City of East Wenatchee
Priority Need
Project CDBG Program administration
Activity Administration and planning of CDBG program
__________________________________________________________________________________________
Description
CDBG funds are used to plan, administer, monitor, and deliver housing and community development programs
to ensure compliance with local, state, and federal rules and regulations.
Objective category: Suitable Living Environment Decent Housing Economic Opportunity
Outcome category: Availability/Accessibility Affordability Sustainability
Location/Target Area:
City-wide
(Street Address): 271 9th St. NE
(City, State, Zip Code): East Wenatchee, WA 98802
Specific Objective
Number
Project ID
HUD Matrix Code
21A
CDBG Citation
570.206
Type of Recipient
Entitlement City
CDBG National Objective
none
Start Date
(mm/dd/yyyy)
10/1/2014
Completion Date (mm/dd/yyyy)
9/30/2015
Performance Indicator
Annual Units
Local ID
Units Upon Completion
Funding Sources:
CDBG $22,028
ESG
HOME
HOPWA
Total Formula
Prior Year Funds
Assisted Housing
PHA
Other Funding
Total $22,028
The primary purpose of the project is to help: the Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs
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Table 3C
Consolidated Plan Listing of Projects
Jurisdiction’s Name City of East Wenatchee
Priority Need Public infrastructure improvements
Project Neighborhood revitalization
Activity Reconstruction of street including installation of curb, gutter, and sidewalks on French Avenue.
__________________________________________________________________________________________
Description
The City will reconstruct the street and install sidewalks to provide better connectivity between residential and
commercial areas and to improve safety for pedestrians.
Objective category: Suitable Living Environment Decent Housing Economic Opportunity
Outcome category: Availability/Accessibility Affordability Sustainability
Location/Target Area:
City of East Wenatchee neighborhoods within census tract 9505.3
(Street Address): 5 French Avenue.
(City, State, Zip Code): East Wenatchee, WA 98802
Specific Objective
Number
2A
Project ID
HUD Matrix Code
03K
CDBG Citation
570.201(c)
Type of Recipient
Entitlement City
CDBG National Objective
LMA
Start Date
(mm/dd/yyyy)
6/1/2014
Completion Date (mm/dd/yyyy)
6/30/2015
Performance Indicator
Project
Annual Units
1 project
Local ID
Units Upon Completion
1 project
Funding Sources:
CDBG $36,191
ESG
HOME
HOPWA
Total Formula
Prior Year Funds $110,160
Assisted Housing
PHA
Other Funding $278,649
Total $425,000
The primary purpose of the project is to help: the Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs
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Table 3C
Consolidated Plan Listing of Projects
Jurisdiction’s Name City of East Wenatchee
Priority Need Goal 3. Increase Individual and Community Self-Sufficiency
Project Removal of material and architectural barriers to accessibility
Activity CDBG funds will be used to rehabilitate and reconstruct City Hall facilities to address Section 504 and
ADA compliance issues.
__________________________________________________________________________________________
Description
The City will rehabilitate and reconstruct City Hall facilities to address issues raised in HUD Compliance Audit.
The project will remove material and architectural barriers which restrict the mobility and accessibility of
elderly and severely handicapped persons in the public restrooms; sidewalk and parking facilities; and other
public facilities noted in the HUD Compliance Audit.
Objective category: Suitable Living Environment Decent Housing Economic Opportunity
Outcome category: Availability/Accessibility Affordability Sustainability
Location/Target Area:
Census Block 9505.2
(Street Address): 271 9th Street NE
(City, State, Zip Code): East Wenatchee, WA 98802
Specific Objective
Number
2A
Project ID
HUD Matrix Code
3
CDBG Citation
570.207(a)(1)
Type of Recipient
Entitlement City
CDBG National Objective
LMC
Start Date
(mm/dd/yyyy)
5/15/2014
Completion Date (mm/dd/yyyy)
6/30/2015
Performance Indicator
Projects
Annual Units
0
Local ID
Units Upon Completion
Funding Sources:
CDBG $41,922
ESG
HOME
HOPWA
Total Formula
Prior Year Funds $38,497
Assisted Housing
PHA
Other Funding
Total $80,419
The primary purpose of the project is to help: the Homeless Persons with HIV/AIDS Persons with Disabilities Public Housing Needs
Page 133 of 172
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Page 1 of 1
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 15-05-10 AGENDA ITEM # 10
PRESENTER: Steven C. Lacy AGENDA DATE: May 26, 2015
POSITION: Mayor DEPARTMENT: Legislative
TITLE: Resolution 2015-10
A Resolution appointing a designated representative and an alternate to the Chelan-Douglas
Transportation Council.
BACKGROUND/HISTORY:
On July 8, 2014, the City Council adopted Resolution 2014-16, authorizing the Mayor to sign
an Interlocal Cooperation Agreement modifying the Wenatchee Valley Transportation
Council to serve as the Metropolitan Planning Organization and the Regional Transportation
Planning Organization for Chelan and Douglas Counties.
The Chelan-Douglas Transportation Council (CDTC) has been formed as a new agency, is
requesting each member agency to assign a designated representative and an alternate for
participation on the CDTC Board.
EXHIBITS:
Resolution 2015-10
Resolution 2014-16 Adopting the Interlocal Cooperation Agreement
RECOMMENDED ACTION:
Adopt the resolution appointing a representative and alternate to the CDTC.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
ACTION TAKEN:
Motion Made By: Second By:
Councilmember Collings Councilmember Raab
Councilmember Johnson Councilmember Buckner
Councilmember McCourt Councilmember Detering
Councilmember Barnhart
Passed: Failed: Mayor Lacy (in case of tie)
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Resolution 2015-10
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2015-10
A Resolution of the City of East Wenatchee, Washington designating a
voting representative and an alternate to the Chelan-Douglas
Transportation Council until further notice.
WHEREAS, Federal Transportation Legislation (Title 23 United States
Code 134 and Title 49 United States Code 5303) requires the
establishment, by agreement between the Governor of the State of
Washington and units of general purpose local government, of a
Metropolitan Planning Organization (MPO), which in cooperation with
the State of Washington is to develop transportation plans and
programs for urbanized areas of Washington State; and
WHEREAS, Regional Transportation Planning Organizations (RTPOs)
were authorized by the 1990 Legislature as part of the state’s Growth
Management Act, as detailed in Chapter 47.80 RCW, with funding
appropriations made as part of the Transportation Budget; and
WHEREAS, the Growth Management Act, Chapter 36.70A RCW,
requires local governments to adopt transportation plans that are
consistent with comprehensive land use plans and Regional
Transportation Planning Organization plans; and
WHEREAS, the Member Agencies acknowledge the need to engage in
cooperative planning and decision making on transportation issues and
the benefits to be derived there from; and
WHEREAS, Chelan-Douglas Transportation Council is the designated
MPO and RTPO, and The City of East Wenatchee desires to continue
active membership in the Chelan-Douglas Transportation Council;
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Resolution 2015-10
Page 2 of 2
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this _____ day of _______________, 2015.
CITY OF EAST WENATCHEE,
WASHINGTON
By ________________________
Steven C. Lacy, Mayor
ATTEST:
___________________________
Dana Barnard, City Clerk
Approved as to form only:
___________________________
Devin Poulson, City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Effective Date: __________
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