HomeMy WebLinkAboutMinutes 10/03/2006
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CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PRESENTATIONS,
CEREMONIAL
MATTERS &
PROCLAMATIONS:
Proclamation Honoring
James Abernathy
ProclamatIOn Honoring
CIty Employee
Incentives CommIttee
Members
ProclamatIOn in
RecogmtIOn ofDisabIhty
Awareness Month
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Proclamation in
Recognition of
Communities m Motion
Day
5967
CITY COUNCIL MEETING
Port Angeles, Washington
October 3, 2006
Mayor Rogers called the regular meeting of the Port Angeles City Council to order at
6:02 p.m.
Members Present.
Mayor Rogers, Deputy Mayor WIlhams, Councilmembers
Braun, Headrick, Munro, Petersen, and Wharton [arrived at
6:05 p.m.]
Members Absent.
None.
Staff Present:
Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler,
D. McKeen, T. Riepe, Y. Ziomkowski, T. PIerce, S. Roberds,
N. West, B Coons, C. Dehkat, and M. Puntenney.
Public Present.
P. Ripley, E. Tuttle, M. Bower, P. Gagnon, O. Campbell, K.
Laidlaw, E. Hopfner, P. Lamoureux, M. Robuck, and S.
ZenovIc. All others present in the audIence failed to SIgn the
roster.
The Pledge of Allegiance to the Flag was led by Councilmember Munro.
1. ProclamatIOn Hononng James Abernathy
Mayor Rogers read and presented a proclamatIOn recogmzmg the contributions of former
City employee James (JIm) Abernathy m the estabhshment of the James Abernathy
Outstandmg Pubhc SerVIce Award. The proclamatIOn was accepted by Jim's widow,
Kathy, and daughter, JennIfer, both of whom were Jomed m the presentation by Human
Resources Manager Coons.
2 ProclamatIOn Honoring CIty of Port Angeles Employee Incentives CommIttee
Members.
Mayor Rogers read and presented to Human Resources Manager Coons a proclamation
hononng all past members of the Employee IncentIves CommIttee
3 ProclamatIOn in RecognItIOn of DIsabIlzty Awareness Month'
Mayor Rogers read and presented to Peter Ripley a proclamation declaring the month of
October, 2006, as DIsabihty Awareness Month
4 Proclamation In RecognItion of COmmUnItIes in MotIOn Day
Mayor Rogers read a proclamation declanng October 13, 2006, as "Communities in
Motion Dayl" The proclamatIOn was accepted by Mary Bower, Clerk of the Board,
Clallam Transit.
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5968
CITY COUNCIL MEETING
October 3, 2006
Presentation on Harbor
Management Plan
5 Presentation on Harbor Management Plan'
Manager Madsen reported that he and Pnnclpal Planner Nathan West had been
partlcipatmg m the reVieW of the Port Angeles Harbor Resource Management Plan.
Others present in the audIence who also partIcIpated were Martha Hurd, Department of
Natural Resources, John Miller, Executive Director of the Lower Elwha Tnbe; and
Orville Campbell, Port Angeles Business AssocIation. At thIS time, Orville Campbell,
on behalf of the Port Angeles Harbor Plan ReVIew Steering CommIttee, submitted a
report on the commIttee's deliberatlOns pertinent to the review ofthe 1989 Harbor Plan,
the need for a new plan, summary of ItS pubhc outreach workshop, and recommendations
for the next steps leading to the development of a new Port Angeles Harbor Resource
Management Plan
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Mr. Campbell informed the Council that the report bemg presented thIS evening IS
representative of a two-year effort, mvolving representatives of the City of Port Angeles,
Port of Port Angeles, Lower Elwha Tnbe, Washmgton State Department of Natural
Resources, Clallam County EconomIC Development Council, Port Angeles Business
AssocIation, and Clallam County. By the foresight ofthe various sponsoring entities, the
Steering Committee was formulated to reVIew the 1989 multI-agency report that descnbed
the Harbor Resource Management Plan, WhICh contained goals and objectives for twenty
years. Mr. Campbell indicated the 1989 plan IS outdated and obsolete; however, there
were many accomplishments and success stones, such as an expanded Waterfront Trail,
installatlOn of a sewer lme on Ediz Hook, renovation of the Coho dock, filling of the K-
Ply log pond, and creation of the Sml & Paddle Park on EdlZ Hook, just to name a few.
He noted some projects were not completed for vanous reasons, but It IS now time to
consider a new and updated Harbor Plan. To make sure all interests are represented,
representatives from the Lower Elwha Tribe and Penmsula College have been added to
the Steenng CommIttee.
Mr. Campbell descnbed m detail the dehberatlOns ofthe Steering Committee in terms of
research undertaken and a study of economic and envIronmental changes that have
Impacted the waterfront. He summarized the public outreach that resulted m strong
support for an upgraded plan. It was the unanimous declSlon of all partIcIpants to have
a new plan wntten in the mterest of creatmg future gUldance, clear goals and expectations,
ldentificatlOn of new harbor uses and development, and greater certainty for economIC
development He stressed the importance of creating commumty consensus for a future
VlSlOn for the harbor and waterfront. He lauded the aSSIstance of Bob Lawrence,
Penmsula College, who helped assemble the public outreach efforts The Steering
Committee is now m the midst of submitting ItS report to all of the entities with the hope
of gaining further mput and gUldance. Mr. Campbell felt it important to proceed WIth a
new plan in order to maxImize the potential of harbor resources whIle protecting cultural
and environmental health.
Martha Hurd, 1729 E 4th Street, Straits Dlstnct Manager for the Department of Natural
Resources, provIded the CounCIl WIth an in-depth reVIew of the plan document that was
distributed to the CounCIl thIS evening DiscusslOn followed, and Mayor Rogers shared
mformation relative to the involvement ofthe Association of Washington CIties in water
issues. Ms. Hurd reviewed recent and future presentations that WIll be made to the
participating entitles, after WhICh dlscusslOn centered around who WIll take the lead m the
formulatlOn of a new plan, the financial impact to all agencies involved, the possibility
of a leadershIp caucus to dISCUSS the future plan, changes seen in the waterfront over the
years, and what potential dIrection the new plan mIght take. Manager Madsen added that
some ground rules were established in that thIS group had no authonty nor was it tasked
with the assignment of determining what the future plan would look like. One ofthe key ...
elements m the beglnnmg is for representatives ofthe decislOn-making bodies to appomt .,
people with authonty to detenrune the next steps, who WIll do the work, and provide
dIrection on future uses of the harbor.
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PRESENTATIONS,
CEREMONIAL
MATTERS &
PROCLAMATIONS:
(Cont'd)
PresentatIOn on Harbor
Management Plan
(Cont'd)
WORK SESSION:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS &
PUBLIC COMMENT:
CITY COUNCIL
COMMITTEE
REPORTS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS:
OTHER
CONSIDERATIONS:
Break
PUBLIC HEARINGS -
QUASI-JUDICIAL:
Belle Aire Subdivision -
Final
Ordinance No. 3257
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CITY COUNCIL MEETING
October 3,2006
5969
John MIller, 2832 Mt. Pleasant Road, Executive Director ofthe Lower Elwha Tribe, was
pleased when thIS process began, and he expressed appreciation that the Tnbe was invited
to partiCIpate. He felt that agreements SIgned this past August WIll provIde for the cultural
aspects of the new plan.
Mayor Rogers then addressed the need to estabhsh a time frame for the Council to
provIde mput and dIrectIOn for a new Harbor Management Plan. She suggested that the
first Council meetmg m November be targeted for a letter of endorsement, to WhICh all
agreed by consensus
None.
Manager Madsen added the Laurel Street SIdewalk Project as Agenda Item K.l
Ken LaIdlaw, a County resIdent residing at 222 LIljedahl Road, was present to encourage
the CIty CouncIl to adopt a skateboard helmet ordinance and to consider funding for a
full-time attendant at the Skate Park. He has observed the use of bIcycles m the Skate
Park and, smce hIS grandson's aCCIdent, he has noticed a mIxed use of helmets. Mr
Laidlaw was dlsappomted that the matter wasn't on thIS evenmg's agenda. Mayor Rogers
explamed that two committees are presently reviewmg these issues, and Police Chief
Riepe reported on the deliberations with the Law Enforcement Advisory Board andjomt
discussIOns with the Parks, Recreation & BeautificatIOn Commission. He stressed the
CIty'S commItment to safety.
Paul Lamoureux, 602 WhIdby, sought clarification concemmg an agenda item, and he
expressed opimons relative to the cost ofthe 8th Street Bridges and antiCIpated results of
the bid process.
None.
None.
None.
None
Mayor Rogers recessed the meetmg for a break at 7.02 p.m. The meetmg reconvened at
7:14p.m.
1
Belle Azre SubdIVISIOn - FInal.
Plannmg Manager Roberds reviewed the 16-10t subdIVISIOn located at the intersection of
Milwaukee Drive and 10th Street in the RS-9 Residential Single Family Zone. She noted
that all improvements have been made, to include the completion of Milwaukee Drive
WIth curb, SIdewalks, and a bicycle lane. There are no outstanding condItions, and the
applicants were present to answer any questions that may arise.
Mayor Rogers opened the public hearing at 7:16 p.m., at WhICh time she remmded the
CounCIl thIS IS a quaSI-JudICIal matter that IS subject to all apphcable rules. Deputy
Mayor WIlliams mdlcated he has been workmg WIth a chent on the west SIde of town and
has likely shown this partIcular property. To avoid any appearance offaImess issues, he
chose to recuse himself from the consideration of the final plat.
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5970
CITY COUNCIL MEETING
October 3, 2006
PUBLIC HEARINGS -
QUASI-JUDICIAL:
(Cont'd)
Belle Aire SubdlVlsion -
Final
Ordinance No. 3257
(Cont'd)
Cathleen Estates
SubdivislOn - Final
PUBLIC HEARINGS -
OTHER:
Hopfner Street VacatlOn
PetitlOn
Ordinance No. 3258
Steve Zenovic, with a home address of767 Black Diamond Road and a bUSllless address
ono 1 E. 6th Street, advised the Council that the subdivision has been completed for final
plat; he was available to answer questions.
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Discussion was generated about the width of the sidewalks, the street, and the bicycle
path, especially as they relate to the proposed route for the Discovery Trail. Mr. Zenovic
and Planning Manager Roberds clanfied the sidewalk with a curb is 6 feet Wide, the
asphalt is 43 feet Wide, and the bicycle lane in the street is 8 feet wide. The trail could
cross over to the north Side, and parklllg could occur on the street; however, a final
decision has not been reached as to the route for the Trail. Director Cutler reported that
the City is working on a project with an lAC Grant, looking at the possibility of the Trail
going up Dry Creek and down to the Elwha River. DiscusslOn also focused on safety
needs for the bike trail, as well as the fact that the proXimity to the airport Will be noted
on the face of the plat.
Mary Robuck, 2508 W. loth Street, was not concerned with Milwaukee, but she asked
about sidewalks, curbs, and gutters along loth Street. She indicated she is directly across
the street from the project, and she now has a ditch right in front of her property for
drainage. Planning Manager Roberds responded that the east Side has a walklllg path, and
the west Side has a dralllage ditch as reqUired by the Suburban Low Impact Development
Standards. She added there won't be any further development and, unless Mrs. Robuck
develops her property, the ditch will remain Should Mrs. Robuck proceed to
development, then the Low Impact Development Standards would apply to that
development as well.
There being no further testimony, Mayor Rogers closed the public heanng at 7:32 p m.
Councilmember Munro moved to waive the second reading of the Ordinance.
Councilmember Headrick seconded the motion, which carried 6 - 0, with Deputy
Mayor Williams having recused himself. Mayor Rogers read the Ordlllance by title,
entitled
ORDINANCE NO. 3257
AN ORDINANCE of the City of Port Angeles, Washington, approving
the Belle Aire Estates Subdivision.
Councilmember Braun moved to adopt the Ordinance as read by title, to include
Condition 1, Findings 1 - 15, and Conclusions A-B. The motion was seconded by
Councilmember Wharton and carried 6 - 0, with Deputy Mayor Williams having
recused himself.
2
Cathleen Estates SubdiVISIOn - Fznal'
Planning Manager Roberds lllformed the Council that the applicant failed to fulfill certain
requirements, and she asked that the matter be continued to the next City CounCil
meeting. Councilmember Headrick moved to continue the matter of the Cathleen
Estates Subdivision to October 17, 2006. Councilmember Petersen seconded the
motion, which carried unanimously.
1.
Hopfner Street Vacation Petition - STV 06-06'
Plannlllg Manager Roberds presented informatlOn relative to a petition for the vacatlOn
of a small portion of platted "Old" Liberty Street Situated west ofthe currently deSignated
Liberty Street. USlllg a PowerPolllt slide to show the area under consideratlOn, she
llldicated the abutting property is totally owned by Dr and Mrs. Edward Hopfner. The e
property is 10' x, 80' and is of no use to the City. The Plannlllg Commission
recommended approval of the vacation, as did the Real Estate Committee. Mayor Rogers
opened the public heanng at 7:38 p.m.
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PUBLIC HEARINGS -
OTHER:
(Cont'd)
Hopfner Street VacatlOn
PetltlOn
Ordinance No. 3Z58
(Cont'd)
FINANCE:
Laurel Street SIdewalk
Project
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CITY COUNCIL MEETING
October 3, 2006
5971
Edward Hopfner, 1234 E. 6th Street, mformed the Council he was present to answer any
questions they may have. He expressed his willingness to purchase the property and put
It on the tax roll.
There being no further testimony, Mayor Rogers closed the public hearing at 7:41 p.m
Deputy Mayor Williams moved to waive the second reading of the Ordinance.
Councilmember Petersen seconded the motion, which carried unanimously. Mayor
Rogers read the Ordinance by title, entitled
ORDINANCE NO. 3258
AN ORDINANCE of the CIty of Port Angeles, Washmgton, vacating
a portlOn of the 6/7 alley nght-of-way abutting Lot 9, Block 212,
Townsite of Port Angeles, Clallam County, Washington.
Councilmember Wharton moved to adopt the Ordinance as read by title, citing
Condition 1, Findings 1 - 11, and Conclusions A - C, as set forth in Exhibit "A",
which is attached to and becomes a part ofthese minutes. The motion was seconded
by Councilmember Braun and carried unanimously.
1.
Laurel Street Szdewalk Project:
Public Works & UtilIties Director Cutler presented information relative to deSIgn work
on the Downtown Phase III Water Mam Replacement Project, specIfically related to the
need for further dIrection on the deSIgn features ofthe sidewalk on the west SIde of Laurel
Street between Front Street and First Street. It was previously determined that a portlOn
of the Port Angeles Underground would be preserved DIrector Cutler showed a
PowerPomt slIde of the area under conSIderation, reviewmg the dIfferent optlOns and
financial conSIderations before the Council He felt the challenge is to identify financing
for the Laurel Street sidewalks. He expressed hope that a decision could be reached
qUIckly m order to finish the design and begm construction m 2007.
The cost of the sidewalk portion of the project, Railroad to FIrSt Street, would be
$775,000, WIth a 15% match of $116,250, and an annual payment of $34,522. ThIS
includes the portion of the structural SIdewalk from Front to First Street at a cost of
$400,000, which would preserve the underground. DIrector Cutler met with the members
of the Lodgmg Tax AdVISOry Committee, seeking fundmg for the structural sidewalk in
VIew of the fact the underground would be a tounst attraction. He asked for $41,250 in
lodgmg taxes for a one-time match; however, the committee felt the CIty should be
responsible for sidewalks and matching funds Therefore, the Lodging Tax Advisory
Committee approved an amount that was subtracted from what would have been the
City's match If the money had been placed m a traditlOnal sidewalk. The lodging tax
funds approved were $17,880 annually for the next 20 years, so the City would need to
fund the one-time match and annual payments of $16,704 for the next 20 years.
ClarificatlOn was proVIded by the Mayor that these funds would come from the General
Fund. She noted, too, that the Council could consider optlOns other than those
recommended by the Lodgmg Tax Advisory Committee. Lengthy dIscusslOn ensued,
after WhICh Deputy Mayor Williams moved to proceed with the structural sidewalk
plans, to fund the $41,250 match, and the $16,704 for the annual shortfall, from the
General Fund. For purposes of dIscusslOn, Councilmember Munro seconded the
motion.
Lengthy discussion and debate followed, with staff provIdmg clanficatlOn on such matters
as the addItional costs for the structural SIdewalks, as well as the importance of
proceedmg WIth the project and achwvmg completlOn by the end of May. Manager
Madsen indIcated the questlOn IS how much should be taken from reserves. DISCUSSlOn
also mvolved a descnption of what IS part of the underground at this time.
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5972
CITY COUNCIL MEETING
October 3, 2006
FINANCE:
(Cont'd)
Laurel Street Sidewalk
Project (Cont'd)
CONSENT AGENDA:
INFORMATION:
Break
EXECUTIVE
SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
Kevin Thompson, a downtown merchant, felt that thIS portion of the underground is all
that IS left, as the remainder was filled in during a previous project. He encouraged the
CounCIl to take actlOn to save the underground, noting there are presently two tours per _
day through hIS store. He encouraged everyone to envision the potential, feeling that the _
use oflodgmg taxes for thIS purpose would fit very well as a tounsm-related project.
Further dIscussion ensued, and it was suggested that staff should proceed with the deSIgn,
but a decision on the funding should be addressed later. Another opinion expressed was
that the lodgmg tax funds should underwrIte a larger portlOn ofthe project because of ItS
relahonship to tounsm. Finance DIrector Ziomkowski recommended that the match and
annual payment be taken from the 2007 CIP and the Real Estate Excise Tax Fund. It was
reIterated that $17,880 is a firm commitment for 20 years from the Lodgmg Tax Advisory
Committee Clerk Upton repeated Deputy Mayor Wilhams' motion, after which a vote
was taken on the motion. Mayor Rogers and Deputy Mayor Williams voted in favor
of the motion, and Councilmembers Braun, Headrick, Munro, Wharton, and
Petersen voted in opposition. The motion, therefore, failed.
Councilmember Munro moved to have staff proceed with a design of the
underground on the west side of Laurel between Front and First Streets and
further, that staff prepare a funding recommendation for the Council meeting of
October 17, 2006. The motion was seconded by Councilmember Headrick and
carried unanimously.
Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City
CounCIl Minutes dated September 27,2006,2.) City Councll Minutes dated September
22,2006; 3) CIty Council Minutes dated September 19,2006; 4.) Approval of Public
DIsplay of FIreworks Permit; 5.) Appointment of Alternate to North Olympic Penmsula
Resource Conservation & Development Council; and 6.) ExpendIture Approval LISt:
9/9/06 - 9/22/06 - $1,083,283.10. The motion was seconded by Councilmember
Munro and carried unanimously.
Manager Madsen directed attention to the report from Jim Haguewood, Director of the
Clallam Business Incubator. The complete report is in the CIty Manager's office for the
CounCIl's reVIew. Mr. Haguewood will be submitting a formal report to the CounCIl at
a future meetmg.
DIrector Cutler reported the City IS at Stage II m the Water Response Plan because of the
current drought. He summanzed the City's cooperahve efforts with the Elwha Tribe and
the Parks Service. Brief discusslOn followed.
Mayor Rogers recessed the meetmg for a break at 8:47 p.m The meeting reconvened at
8:53 p.m
Based on mput from Attorney Bloor, Mayor Rogers announced the need for an Executive
Session under the authority of RCW 42.30 110(1 )(1), to discuss potentiallitigahon for
approximately 15 minutes WIth no action to follow. The Executive SesslOn convened at
8:53 pm and, at 9:09 p.m, the Executive Session was extended to 9:30 p.m. by
announcement of the Mayor.
The Executive Session concluded at 9:30 p.m., and the Council convened m regular open
session. No action was taken.
B~~~a:.!~^--- .
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5973
CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION
PETITION STY 06-06 - HOPFNER:
Condition:
1. Property owned by the petitioner and acquired through the subject vacation shall be
combined into one building site per Zoning Lot Covenant prior to the issuance of a quit claim
deed for the right-of-way.
Findings:
1. A petition requesting the vacation of that portion of the 6/7 Alley situated west of Liberty
Street abutting Lot 9, Block 212 Townsite of Port Angeles was submitted on July 28,2006,
by abutting property owners Dr. and Mrs. Ed Hopfner.
2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid
when the vacation of right-of-way is proposed. The subject petition is signed by 100% of
the abutting property owners.
3. The subject area is zoned RS-7 Residential Single Family and is developed with single
family structures. The RS-7 zone allows the basic single family development uses including
accessory structures with lot coverage up to 30% on minimum 7,000 square foot lots.
4. Abutting properties to the east, north, south, and southeast were replatted into what is
commonly known as the Cresthaven Subdivision in 1975. During the subdivision
development process, previously platted alleys and streets in the subject area were vacated
and the area was replatted. The south one-half of the 6/7 alley abutting the applicant's
property was vacated along with that portion of the alley east of the site leaving the subject
right-of-way as the only unvacated portion of alley in the block. The remaining one-half
alley width of right-of-way serves no utility or access purpose. Surrounding properties are
served access from other rights-of-way.
5. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the
proposed vacation of right-of-way. Land Use Element, Map Goals, Policies, and Objective
Element Goal A is relevant to the proposal.
6. The Port Angeles City Council's Real Estate Committee met on September 18, 2006, and
established a value for the unopened right-of-way at $2.06 per square foot based on the value
of surrounding property assessments. The subject area is approximately 10' x 50' for a total
of 800 square feet in area.
7. The vacating of a street is categorically exempt from a State Environmental Policy Act
(SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code.
8. The site was posted regarding the proposed land use action on September 14, 2006, with
required publication notification appearing in the Peninsula Dailv News on September 17,
2006.
5974
9. Consolidation of the right-of-way (approximately 500 square feet) following vacation can
be accomplished by the filing of a Zoning Lot Covenant which would combine the vacated
property with the abutting lot owned by the applicants into one building site.
10. At its September 19, 2006, regular meeting, the Port Angeles City Council established a
public hearing date by resolution for action on the street vacation petition as October 3,2006.
11. The Port Angeles Planning Commission held a public hearing on the proposed street
vacation on September 27, 2006, and forwarded a recommendation to the City Council for
consideration.
Conclusions:
A. The unopened right-of-way serves no purpose to the current or long range transportation
needs of the City. The vacation will place unused, unneeded property on the City's tax roles
and is therefore in the public interest.
B. Consolidation of the petitioners' property ownership with the vacated right-of-way is in
accordance with expected land management and development policies and is consistent with
development standards of the RS-7 Section 17.10 ( RS- 7 Zone) of the Port Angeles
Municipal Code. The site consolidation will appropriately designate the vacated right-of-
way as part of an acceptable building site.
C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan
specifically Land Use Map Goal, Policies and Objective Element Goal A.
Adopted by the Port Angeles City Council at its meeting of October 3, 2006.
&~~J~Q^
Becky J. U n, ty Cle