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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 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 1 of 2 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 Page 2 of 172 Consent Calendar Page 3 of 172 This page intentionally left blank Page 4 of 172 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. Page 5 of 172 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. Page 6 of 172 CITY OF EAST WENATCHEE COUNCIL MINUTES May 12, 2015 3 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. Page 7 of 172 CITY OF EAST WENATCHEE COUNCIL MINUTES May 12, 2015 4 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) Page 8 of 172 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. Page 9 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:39:16 PM Page 1 of 1 East Wenatchee - Fund Transaction Summary Page 12 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 21 second(s)Page 1 of 24 East Wenatchee - Voucher Directory Page 13 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 21 second(s)Page 2 of 24 East Wenatchee - Voucher Directory Page 14 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 21 second(s)Page 3 of 24 East Wenatchee - Voucher Directory Page 15 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 21 second(s)Page 4 of 24 East Wenatchee - Voucher Directory Page 16 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 21 second(s)Page 5 of 24 East Wenatchee - Voucher Directory Page 17 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 21 second(s)Page 6 of 24 East Wenatchee - Voucher Directory 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 21 second(s)Page 7 of 24 East Wenatchee - Voucher Directory 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 21 second(s)Page 8 of 24 East Wenatchee - Voucher Directory 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 21 second(s)Page 9 of 24 East Wenatchee - Voucher Directory 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 10 of 24 East Wenatchee - Voucher Directory 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 11 of 24 East Wenatchee - Voucher Directory Page 23 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 12 of 24 East Wenatchee - Voucher Directory 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 13 of 24 East Wenatchee - Voucher Directory 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 14 of 24 East Wenatchee - Voucher Directory 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 15 of 24 East Wenatchee - Voucher Directory Page 27 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 16 of 24 East Wenatchee - Voucher Directory Page 28 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 17 of 24 East Wenatchee - Voucher Directory Page 29 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 18 of 24 East Wenatchee - Voucher Directory Page 30 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 19 of 24 East Wenatchee - Voucher Directory Page 31 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 20 of 24 East Wenatchee - Voucher Directory Page 32 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 21 of 24 East Wenatchee - Voucher Directory Page 33 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 22 of 24 East Wenatchee - Voucher Directory Page 34 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 23 of 24 East Wenatchee - Voucher Directory Page 35 of 172 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 Printed by EASTWENATCHEE\tallen on 5/20/2015 2:36:46 PMExecution Time: 1 minute(s), 22 second(s)Page 24 of 24 East Wenatchee - Voucher Directory Page 36 of 172 Page 37 of 172 Page 38 of 172 Public Hearing(s) Page 39 of 172 This page intentionally left blank Page 40 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 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 This page intentionally left blank Page 48 of 172 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) Page 59 of 172 This page intentionally left blank Page 60 of 172 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: Page 61 of 172 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) Page 62 of 172 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 Page 63 of 172 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 Page 64 of 172 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 Page 65 of 172 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: Page 66 of 172 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 Page 67 of 172 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. Page 68 of 172 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; Page 69 of 172 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, Page 70 of 172 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. Page 71 of 172 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 Page 72 of 172 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. Page 73 of 172 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 Page 74 of 172 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: __________ Page 75 of 172 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 Page 76 of 172 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. Page 77 of 172 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 Page 78 of 172 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 Page 79 of 172 • 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. Page 80 of 172  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. Page 81 of 172 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 Page 82 of 172 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. Page 83 of 172 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. Page 84 of 172 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 Page 85 of 172 This page intentionally left blank. Page 86 of 172 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 Page 87 of 172 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 Page 88 of 172 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 Page 89 of 172 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: Page 90 of 172 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 Page 91 of 172 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. Page 92 of 172 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; Page 93 of 172 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, Page 94 of 172 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. Page 95 of 172 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.. Page 109 of 172 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. Page 110 of 172 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. Page 111 of 172 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. Page 115 of 172 This page intentionally left blank. Page 116 of 172 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 Page 118 of 172 Resolution(s) Page 119 of 172 This page intentionally left blank Page 120 of 172 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 Page 121 of 172 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) Page 122 of 172 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. Page 124 of 172 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 Page 125 of 172 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. Page 128 of 172 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 Page 129 of 172 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 Page 131 of 172 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 Page 132 of 172 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 Page 134 of 172 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) Page 135 of 172 Page 136 of 172 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; Page 137 of 172 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: __________ Page 138 of 172 Page 139 of 172 Page 140 of 172 Page 141 of 172 Page 142 of 172 Page 143 of 172 Page 144 of 172 Page 145 of 172 Page 146 of 172 Page 147 of 172 Page 148 of 172 Page 149 of 172 Page 150 of 172 Page 151 of 172 Page 152 of 172 Page 153 of 172 Page 154 of 172 Page 155 of 172 Page 156 of 172 Page 157 of 172 Page 158 of 172 Page 159 of 172 Page 160 of 172 Page 161 of 172 Page 162 of 172 Page 163 of 172 Page 164 of 172 Page 165 of 172 Page 166 of 172 Page 167 of 172 Page 168 of 172 Page 169 of 172 Page 170 of 172 Page 171 of 172 Page 172 of 172