CITY OF WOODINVILLE, WA REPORT TO THE CITY COUNCIL rd Avenue NE, Woodinville, WA ~\L-

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1 To: From: By: Subject: CITY OF WOODINVILLE, WA REPORT TO THE CITY COUNCIL rd Avenue NE, Woodinville, WA Honorable City Council 0 A Richard A. Leahy, City ManagerfKV Jennifer Kuhn, City Clerk ~\L- Approval of Minutes for April 9 and Apri116, 2013 Date: 05/14/2013 ISSUE: Shall the City Council approve the Meeting Minutes of April9 and Apri116, 2013? RECOMMENDATION: To approve the Meeting Minutes of April 9 and April 16, 2013, as presented. POLICY DECISIONS: Pursuant to RCW 35A and our rules of procedure, it is necessary to keep true and accurate records of the proceedings of the Woodinville City Council Meetings. The attached draft Meeting Minutes were prepared by the City Clerk to describe the discussions and decisions made by the City Council at the above meeting. Prior to entering the Meeting Minutes into the permanent record, the City Council is required to review the Minutes, make any necessary corrections, and to approve the Minutes. ALTERNATIVES: 1. Approve the City Council Meeting Minutes of April9 and April16, 2013, as presented. 2. Approve the City Council Meeting Minutes of April 9 and April 16, 2013, as amended. 3. Abstain from voting for those meeting(s) a Councilmember was absent. RECOMMENDED MOTION: I MOVE THAT THE CITY COUNCIL APPROVE THE CITY COUNCIL MEETING MINUTES OF APRIL 9 AND APRIL 16, 2013, AS PRESENTED. Attachment: A- Regular meeting minutes for April9, 2013 B- Regular meeting minutes for April16, 2013

2 Attachment A CALL TO ORDER ROLLCALL City ofwoodinville, Washington CITY COUNCIL REGULAR MEETING MINUTES OF APRIL 9, 2013 Woodinville Hall Council rdAvenue W WA The regular meeting for the Woodinville City Council was called to order at 7:00p.m. by Mayor Talmas. City Council Present: Mayor Talmas, Councilmember Pregler, '-'vuu.. uu..,.uu.., Bauman, Councilmember Hageman, Sanders. Aspen, Councilmember,...,,uu..,u u'-' Boundy- FLAG SALUTE the agenda in order and content, as (00:04:55) Councilmember Boundy-Sanders PASSED 7-0 (00:05:12) Mayor Talmas, Deputy Mayor Aspen, Councilmember Pregler, Councilmember Rubstello, Councilmember Bauman, Councilmember Hageman, and Councilmember Boundy-Sanders. Nayes: None. Abstain: None. Special Guest: King County Sheriff John Urquhart King County Sheriff John Urquhart described his career and the King County Sheriff's partnership with contract cities. He responded to Councilmembers' questions regarding the delay adding an officer in Woodinville, the City paying for the officer while he/she is in training, and advantages of contracting with King County versus a standalone police department. 2 City Council Meeting April9, 2013

3 Attachment A STUDY SESSION ITEMS FOR DISCUSSION OR REVIEW Second Reading and Adoption of Ordinance No. 564: Amending the Official Street Map and Transportation Infrastructure Standards and Specifications Councilmember Boundy-Sanders asked for clarification regarding the of the street that are on public right-of-way and on private lnr."np rnr. Mr. Leahy responded bike lanes be in the public right-of- ' sidewalks, curbs, gutters and parking. on private property. MAIN MOTION: to pass second Ordinance Official adoption of,...,.. ""'-"' modifying the street widths within the Motion by: Second by: Bauman, and Councilmember Mayor Talmas declared the public hearing for Resolution No. 434 open and opened the public testimony portion of the public hearing. Leahy described the process for the hearing. City Attorney Greg stella explained State law is ambiguous regarding whether this lor OCE~edl r t!l is entirely legislative or has some quasi-judicial aspects. Therefore, he recommended Councilmembers disclose whether they had any ex-parte contact with the proponents or opponents of the development agreement. Councilmember Pregler advised he had had no contact with proponents or City Council Meeting April 9,

4 Attachment A Public Hearing and Approval of Resolution No. 434: Approving the Woodin Creek Village Development Agreement (continued) Councilmember Rubstello advised he had a discussion with Jens Molbak following last week's meeting regarding the information he provided at Council meeting about Ordinance No. 564 and the Woodin Creek illage project. Mayor Aspen reported her contact was limited to discussions with Molbak, primarily regarding the roads and Ordinance 564 and how project affected that but not specifics of the project. Talmas reported he had a meeting with the realtor representing Canterbury and Mr. Reiss before this Councilmember Bauman advised she or opponents. Councilmember Hageman or opponents. with proponents member of the audience felt in the review of the reviewed authority for development and State law. She reviewed the process for Creek Village development agreement and «u uu 6 Commission's unanimous recommendation for provided an overview of the project to redevelop the Mobile Home Park, application made by Woodin Creek Associates, LLC. She reviewed the total site area, stream/buffer public right-of-way/easement, and developable area. She also conceptual numbers for residential units, retaivcommercial space, and office space which she explained were subject to conformance with Code requirements. She reviewed infrastructure improvements and Woodin Creek buffer enhancement and trail. Martindale displayed the conceptual site plan and described development that would occur during Phases I-V. Public Works Director Hansen described street improvements the development agreement during Phases I-V. Ms. Martindale reviewed details ofthe agreement related to building height, residential density and parking.. Hansen reviewed street sections for 133rd, 135th and 138th Avenues and options for NE 173rd Street. He reviewed details in the agreement City Council Meeting April 9,

5 Attachment A Public Hearing and Approval of Resolution No. 434: Approving the Woodin Creek Village Development Agreement (continued) related to stormwater, concurrency approval for traffic. Ms. Martindale reviewed details of the agreement related to stream buffer reduction, elements that vest, making modifications to the agreement and what is not included in the development agreement. Mr. Leahy reviewed decision criteria in WMC with regard to consistency with the Comprehensive Plan, consistent with WMC and development regulations, and in the City's best interest. Doug Reiss introduced himself, explaining owner of Weidner Apartment Homes, Associates, the proposed developers proponent of the development for the project that included a professional consultants to development regarding the road alignments. Mr. Reiss like apartment community CollinsWoerman Architects, author of the "'t'lf'u!f~(l key points of the development yy Ju,na.Lv and tax benefits of the project. He enhancements and construction of 13 8th 173 rd Street. ~ejlloj(~[al1lrrer!1f'brduc;ed Carl Hadley, stream consultant; Jim Olsen, civil Design; and Tod McBryan, Traffic Engineer, Heffron Inc.. Reiss described coordination with adjacent property owners and their commitment to reaching a solution with Jens Molbak. He summarized if the Council approves the development agreement they are prepared to invest $200 million to build, manage and hold Woodin Creek Village and become a partner in Woodinville's vibrant future. He urged the Council to approve the development agreement. Staff and the applicant's representatives responded to Council questions regarding development on the northern portion of the site, Woodin Creek berm, storm water discharge, structured parking, level of service at SR 202 and NE 175th Street, curb cuts, development by design district, start of construction, timing of phases, goal to complete in 7 years, completion of the first retail section, vesting incentive, road diet and roundabouts, Woodin Creek recreational trail, building design, parking and pedestrian City Council Meeting April 9,

6 Attachment A Public Hearing and Approval of Resolution No. 434: Approving the Woodin Creek Village Development Agreement (continued) '-'"''-'H''ts entries, portion of 133rd Avenue NEon private property, during phases, appearance of property during phases, stream enhancement, configuration of 138th, use of different architects in the ect to create design diversity, construction and alignment ofne 173rd Street, phase-by-phase lenders, parking for commercial uses, traffic impacts, stormwater treatment prior to discharge, parking, amenities, and apartment styles and rents. Talmas declared a brief recess. i===.r-c~"'-=""--""-==""' Canterbury area will look like with the passage development of Woodin Creek V" Canterbury now, many of the lots encouraged the Council to out the City will benefit I vlijijlllvjlll agreement and photographs of in disrepair. She a!'.'"..,.u,..,,.., pointing the '~"""'""h' '"h'''"" ""'"J'I.J"'H'' commented on llte:tm1~ and benefits of living in of Canterbury, he relayed their Their proposal is a good match """'""..., residents. ""'''"'u...,u they own two homes in Canterbury. She described her financial difficulties and ~~~~~~~~~' Canterbury property owner, provided a letter from another property owner currently living in Enterprise, Utah. She thanked the Council, staff and applicant for their work on the development agreement. She described benefits project and relayed her concern with the safety of the remaining owners during the transition due to the number of vacant and deteriorating homes. City Council Meeting April 9,

7 Attachment A Public Hearing and Approval of Resolution No. 434: Approving the Woodin Creek Village Development Agreement (continued) Kevin Connelly, Ballard, representing his mother who is a Canterbury property owner, explained he has served as the HOA President since He commented on the personal hardship for his parents and other residents. On behalf of his mother and other residents, he urged the Council to approve the development agreement. Mark Carlson, representing Molbak's, described Molbak's history in Woodinville, and stressed the importance of making grid roads a priority. Molbak's supports the WCV A development but belieyes the current draft development does not provide enough public benefit. He expressed their willingness to dedicate right-of-way to the get two-thirds of 138th constructed in Phase III and provided regarding the configuration of 138th, 173rd, and 17 lso recommended: -Roads should be built as ~... U.VLHJH... side. -Roads should be built in one -City resources should be before enhancing NE 17 MAIN MOTION: uty Mayor Aspen, tcum~:~m ~er Pregler, Councilmember Councilmember Bauman,...,,.. """' Hageman, and Coundlmember Rubstello reported on the Eastside TRailways Alliance from Snohomish County attended the meeting reported they are in negotiations with the Port to purchase the trail "v.nv u from Snohomish to Brightwater and are seeking funds for the upgrades. Cascadia and Snohomish County believe the Sound Transit should operate the rail. Deputy Mayor Aspen reported her excitement at discovering all the restaurants in Woodinville full last Friday night. She reported on the well attended presentation at Kenmore City Hall regarding the Sammamish Slough boat races. They hope to make this an annual event. Councilmember Hageman thanked the public for their comments tonight and was hopeful the development would come to fruition. Talmas thanked the public and the applicant and their representatives for attending tonight's meeting. City Council Meeting April9,

8 Attachment A ADJOURNMENT MAIN MOTION: to adjourn the meeting. (03:01:49) Motion by: Deputy Mayor Aspen Second by: Councilmember Bauman Action for the Main Motion: PASSED 7-0 (03:01:51) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Councilmember Pregler, Councilmember Rubstello, Councilmember Bauman, Councilmember Hageman, and Councilmember Boundy-Sanders. Nayes: None. Abstain: None. The meeting was adjourned at 9:58 Jennifer Kuhn City Clerk/CMC City Council Meeting April 9,

9 ATTACHMENTS CALL TO ORDER City ofwoodinville, Washington CITY COUNCIL REGULAR MEETING MINUTES OF APRIL 16, 2013 Woodinville Hall Council rdAvenue WA The regular meeting for the Woodinville City Council was called to order at 7:00p.m. by Mayor Talmas. ROLLCALL Aspen, Councilmember -.uuv uu v Boundy- Absent: None. FLAG SALUTE Session for tonight's meeting. the agenda in order and content. Main Motion: PASSED 7-0 (00:04:37) Mayor Talmas, Deputy Mayor Aspen, Councilmember Pregler, Councilmember Rubstello, Councilmember Bauman, Councilmember Hageman, and Councilmember Boundy-Sanders. Nayes: None. Abstain: None. * Arbor Day Proclamation Mayor Talmas read the Arbor Day Proclamation and announced Earth/ Arbor Day events. CONSENT CALENDAR MAIN MOTION: to approve Consent Calendar Items 1, 2, 3, 4, 5, and 6. (00:07:26) Motion by: Deputy Mayor Aspen Second by: Councilmember Bauman City Council Meeting April16,

10 CONSENT CALENDAR (continued) Approval of March 12, 2013 Regular and March 19, 2013 Special City Council Meeting Minutes Action for the Main Motion: PASSED 7-0 (00:07:33) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Councilmember Pregler, Councilmember Rubstello, Councilmember Bauman, Coundlmember Hageman, and Councilmember Boundy-Sanders. Nayes: None. Abstain: None. Approval ofclaims Dated April 16,2013: CheckNos through in the amount of $171, Approval of April16, 2013 Payroll: Checks , , and for $191, Approval of Addendum I with EKW Law Group for $100, Regarding Wellington Project Approval of Addendum 5 Otakfor Woodinville Widening Project in the Amount of$18,761 Council approved the fifth addendum to the professional services agreement with Otak, Inc. in the amount of $18,7 61, for a total contract amount of$1,186,032 essentially in the form as presented, and authorized City Manager to take any steps necessary to execute such addendum. BUSINESS ITEMS City Council Meeting Apri116,

11 Continued Public Hearing Resolution No. 434: Approving the Woodin Creek Village Development Agreement Mayor Talmas declared the public Approving the Woodin Creek opened public testimony. Public Works Director T that will be Woodin Creek Village site, and Phase 5 if 13 8th A venue NE is of public ROW and public Avenue NE, NE 173rd Street, 135th Avenue. He responded to Council questions regarding rem1ent:s, road improvements completed within ROW acquisition for NE 171st Street roundabouts. I"--"'"""-'===---'-'---"-"'=~=' representing Molbak's, expressed his support for Woodin Creek Village. He offered to dedicate ROW on 138th to allow construction of two full travel lanes and recommended removing driveway option. He requested, 1) a wider driveway apron, 2) assurance regarding future truck access from 173rd, and 3) ability to City Council Meeting April16,

12 Continued Public Hearing Resolution No. 434: Approving the Woodin Creek Village Development Agreement (continued) move storm water pond. He disagreed with the road diet option for 171 st in the short term and preferred the focus be on grid roads. He 173rd and Garden Way be completed as part of Phase 3. ~~~~~~c!!~~~~, representing Molbak's, disagreed with Ms. s comments and said Molbak's has plans. He was interested in 173rd for truck access and as a benefit to the City as well as his business. He offer to dedicate ROW and interest in a higher quality City Attorney Greg Rubstello outside the scope of the Manager Rich Leahy how Mr. Molbak's impact fee and 138th. for Resolution No. for Woodin Creek in the Woodinville City at 7 PM or as soon be heard. (00:46:59) Talmas, Deputy Mayor Aspen, un cilxnejtnber Pregler, Councilmember Rubstello, Councilmember Bauman, Councilmember Hageman, and Councilmember Boundy-Sanders. None. None. Director Jim Katica provided the history of business registration and current registrants. He described benefits of regulatory licensing, pros and cons of revenue generating license fees, and potential licensing He reviewed business license fees and the fee calculation method in Bothell, Kirkland and Redmond. He provided the au>uu"' ofwoodinville businesses and employees. In determining the fee, he suggested the Council consider the intent of the City Council Meeting Apri116,

13 Discussion of Business License Approaches (continued) fee: -Capture information for all businesses operating in Woodinville? -Pay for the costs of executing a Business License program? - Provide additional revenue for City services/infrastructure/programs? Discussion followed regarding the number of businesses that are currently registered, benefits of registration, concern with the amount of the late fee, using revenue for economic development, a lower fee for businesses that generates sales tax, using the funds to hire an Economic Development Director, a flat fee plus fee per FTE, funds from business license fee that Kirkland and Redmond CIP, whether Redmond has an Economic Economic Development Director a disincentive to hiring, basing the progressive fee based on capital a portion of funds generated the business license fee in Woodinville's per only, and COStS a;:,o>vvl o' their General Fund and Director, tasks an concern a head tax is tax. PUBLIC COMMEN rer>re:genjmg Molbak's, assured they want to Woodin Creek Village; in order to reach an helpful if the City would assist by agreeing the stormwater pond and truck access to his a list of future Council agendas. He reminded of with Kenmore, Bothell and the Northshore School 9 at Kenmore City Hall. Councilmember Rubstello, Mr. Leahy explained the Council's action the Consent Calendar referred Brightwater's Emergency Plan to the ~41~Smen:?;ertcy Preparedness Committee. Councilmember Boundy-Sanders relayed the landslide hazard areas in Ordinance 565 are not on the City's critical areas map or the geological sensitive areas map. The Adopt A Stream Foundation is writing a grant application to remove the 134th Avenue NE culvert. With regard to Old Woodinville School bond measure, she relayed King County's levy will be on the August ballot and King County's EMS levy will on the November ballot. She asked the date of the other bond measures Talmas mentioned at the last meeting. She suggested ing new lamps for City Council dais as the current lamps are on the audience's eyes. City Council Meeting April16,

14 EXECUTIVE SESSION ur.~ u,,.,,,. if![)! RCW JO(l)(i), the City Council will conduct an executive :;;eg:sion to discuss current or potential litigation regarding 1) commonly iteferred to as Woodinville Village project/trip Funding r:n~enzent; 2) commonly referred to as the appeal of Ordinance No. 532 to the Growth Hearings Board; 3) commonly referred to as the Wellington Hills Park Project in Snohomish County; 4) commonly referred if((}! azs the Woodridge Single-Family Plat Settlement Agreement; and pursi:'!i((jj!laa to RCW (1)(c) to discuss: 5) property acquisition associate{jj wilith the Sammamish Bridge Project. At 8:43p.m. Mayor Talmas recessed the not to exceed 45 minutes with formal. to an Executive Session to be taken. Mayor TeJma,s declared a brief Session. City Attorney Greg.._.._......,,,._..,_ during the Executive m{l~jngjl1wran~r settlement agreement the neighborhood versus a regional site, limited intersection, no mitigation for the 156th intersection or roads east of the park on rural land that is out of scale for the an appeal with the GMHB, previous Council an appeal with the Snohomish County Hearing Examiner mitigating impacts to Woodinville citizens and this action will kill the project, concern with some connections to the Wellington community, concern taking this action without due process, regional consequences of the ect, and concern the park will not provide any mitigation. ADJOURNMENT Action fo1c {dbte Main Motion: PASSED 5-2 (02:47:28) Vote: Mayor Talmas, Councilmember Pregler, Councilmember Bauman, Councilmember Hageman, and Councilmember Boundy~Sanders. Nayes: Deputy Mayor Aspen, and Councilmember Rubstello. Al~staiu: None. MAIN MOTION: to adjourn the meeting. (02:48:12) Motion by: Deputy Mayor Aspen Second by: Councilmember Bauman City Council Meeting April 16,

15 ADJOURNMENT (continued) Action for the Main Motion: PASSED 7-0 (02:48: 13) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Councilmember Pregler, Councilmember Rubstello, Coundlmember Bauman, Councilmember Hageman, and Councilmember Boundy-Sanders. Nayes: None. Abstain: None. meeting was adjourned at 9:45 p.m. Jennifer Kuhn City Clerk/CMC City Council Meeting Aprill6,

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