REPORT TO THE CITY COUNCIL rd Avenue NE, Woodinville, WA

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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 Richard A. Leahy, City Manager Jennifer Kuhn, City Clerk Approval of Minutes for May 14, 2013 Date: 06/18/2013 ISSUE: Shall the City Council approve the Meeting Minutes of May 14, 2013? RECOMMENDATION: To approve the Meeting Minutes of May 14, 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 May 14, 2013, as presented. 2. Approve the City Council Meeting Minutes of May 14, 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 MAY 14, 2013, AS PRESENTED. Attachment: A- Regular meeting minutes for May 14,

2 City of Woodinville, Washington CITY COUNCIL REGULAR MEETING MINUTES OF MAY 14, 2013 Woodinville City Hall City Council Chambers, rd Avenue NE, Woodinville, WA CALL TO ORDER The regular meeting for the Woodinville City Council was called to order at 7:00 p.m. by Mayor Talmas. ROLL CALL FLAG SALUTE _ City Council Present: Mayor Talmas, De. -.' air Aspen, Councilmember Pregler, Councilmeme,-..._ -h,,_ bstello, Councilmember Bauman, Councilmember Hageman cilmember Boundy- Sanders Absent: City Staff Present Ri ' Leahy ity Manager, Gr stello, City Attorney, Jim Katica, Fin -- irec avid Kuhl, DevWpment Services Director, Tom Hans- - a 4lc W?)rks Director, rennifer Kuhn, City Clerk, Alexandra Sheeks, - t to the City Manager, Zach Schmitz, MV.orment Analyst, Ern rthrtindale, Sr. Planner, and Edi Zanidache, CEttill.; $;', Qperator.._- Woodinville Boy cout t twatio -flag salute. - p APPROVAL OF AGEN -. - owing chan was requesd in order and content of the revised ORDER AND CONTE, '' agen-w- ---,,--- _-_, _,--,_ - otiwthe addition of -Tow* item: Continued Public Hearing for r ' mum:.0,, 560 Re: rmitted uses in the CBD and GB Zones in ----m fr(-;4 t an Executive Session for tonight's meeting -----,.."--;.7--:-,-- ; a I-9 4 OTtON: to approve the agenda in order and content. -,..-..,w (00:06:13) _.,- otion : Deputy Mayor Aspen cond by: Councilmember Bauman.w.---- ±E-- MIVIENDMENT TO THE MAIN to approve the discussion of TION: property acquisition as an agenda - item to the Executive Session. (00:09:24) Motion by: Councilmember Boundy-Sanders Second by: Mayor Talmas Discussion followed regarding a Councilmember's request to add property acquisition to the Executive Session, purpose of this agenda item, staff preparation of the issue, distribution of information, protocol for property acquisition to be added to the agenda, discussion of an item without a decision, and a realtor contacting Councilmembers. 2

3 APPROVAL OF AGENDA ORDER AND CONTENT (continued) Action to the amendment: FAILED 3-4 (00:24:35) Vote: Ayes: Mayor Talmas, Councilmember Pregler, and Councilmember Boundy-Sanders. Nayes: Deputy Mayor Aspen, Councilmember Rubstello, Councilmember Bauman, and Councilmember Hageman. Abstain: Action for the Main Motion: PASSED 7-0 (00:24:58) Vote: Ayes: Mayor Talmas, Deputy) for Aspen, Councilmember Pre cilmember Rubstello, Council er Bauman, Councilmember and Councilmember Boundy-Sand PUBLIC COMMENTSPeter Storaasli Wood a;-ti - (outsid ity limits), the ra contacted Councilme be behalf is client, the Halseys, apologized if that erect procedure. described the property, background on the sar benefitting igg...ublic. He respon the Halseys' interest in the property,council questions regarding the timeline. Gene Halse e city li ), described their purchase of the property in 1 rty, and their development of 7.iglin Ridge. Hell. '-ed the Co to purchase the property and e it as open s ce. -MOTION: t PI rove Consent Calendar Item 1. (00:34:26) uty Mayor Aspen by: ---,,,icouncilmember Bauman r the Main Motion: PASSED 7-0 (00:34:36) Nayes: Abstain: Mayor Talmas, Deputy Mayor Aspen, Councilmember Pregler, Councilmember Rubstello, Councilmember Bauman, Councilmember Hageman, and Councilmember Boundy-Sanders. Approval of April 9 and Arri116, 1. Approval of April 9 and April 16, 2013 City Council Minutes 2013 City Council Minutes City Council approved the City Council meeting minutes of April 9 and April 16, 2013, as presented. STUDY SESSION ITEMS FOR DISCUSSION OR REVIEW 3

4 NEW ITEM: Continued Public Hearing for Ordinance No. 560: Re: Permitted Uses in the CBD and GB 2. NEW ITEM: Continued Public Hearing for Ordinance No. 560: Re: Permitted Uses in the CBD and GB Mayor Talmas declared the public hearing for Ordinance No. 560 open and opened public testimony. Senior Planner Erin Martindale provided two additional handouts and advised additional information is contained in the May 7, 2013 packet. She provided background on this item and the process. She provided additional information to address the following issues raised at the May 7 public hearing: - Marine facilities and electric motorcraft - Software development businesses - Gasoline service stations - Conference centers Discussion followed regard sari% proposal for' me service station design, reasons for limit software manufacturing, ealerships as a retail activity, require amend e Comprehensiv o allow expansion of non-conform ses, nce between a.01notive service and automotive rept - me to take action to avoid extending the moratorium, and M. Irrices between the Planning Commissioned staffs recomma (inns Public Testim Dan Goalwin, At, rep the requirement fkwo e structure. Jackso explained their concern with nr tcanopies is its use on the ceiling stioned th dscaping requirement to soften but nof-- cure and stre the need Tor brand identity. John ( han, Redmond, -,-adinville property owner, expressed concern sal to eh hate construction and trade as a permitted use in GMA, Comprehensive Plan, DTLBCC Master Kg 6-Ye d WMC expressly allow construction and trade. He questioned was and cited the lack of proof supporting the proposed ṯpe owners' support for retaining the current uses. Smi Woodinville (inside city limits), property owner on LBC rridor, recalled the work the City in to zone the area. With ise proposed changes, if a tenant vacates a property, the property owner will be unable to rent it for a similar use. He expressed concern with the unsightly appearance of the railroad right-of-way. Kay Cogan, Redmond, Woodinville property owner, expressed concern with the elimination of construction and trade as a permitted use in the GB Zone. If property owners are unable to rent property to a conforming use, the land may become vacant. Setbacks already reduce the usable space. Mayor Talmas closed the public testimony portion of the hearing. Discussion followed regarding the City's inability to regulate the railroad right-of-way, non-conforming status remaining with a property following 4

5 NEW ITEM: Continued Public Hearing for Ordinance No. 560: Re: Permitted Uses in the CBD and GB (continued) Public Hearing and First, Second Reading and Adoption of Ordinance No. 565: Jr/Sr High Schools in the Industrial Zone (ZCA13001) a tenant/ownership change, and rationale for the Planning Commission's recommendations. MAIN MOTION: to continue the public hearing until June 4, (01:12:25) Motion by: Councilmember Rubstello Second by: Deputy Mayor Aspen Action for the Main Motion: PASSED 7-0 (01:12:34) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Councilmember Pregler ouncilmember Rubstello, Councilme cab Aauman, Councilmember H man, and Councilmember Boundy-Sander Nayes: Abstain: 3. Public Hearin and F. Second Reading and tion of Ordinance No. 565: Jr/ gh Schools in the Industry- (ZCA13001) 3. Public Hearing and First, -and Adoption of Ordinance 565: Jr/Sr High - 'Rk4,1s in the Industrial Zone (ZCA13001 its 1-7 Mayor Talmas*cl t5 _ blic hearni r Ordinance No 565 open and opened pubtatestim = -.., , %- ---,-a.-7-. pment Services 'rector DP -id Kuhl reviewed the decision prdeftand providedackground information on the amendment initiated by K..M. Fogle, Chryais School, to locate a junior high/secondary -::-.---::-L-,-_ schota 1 the South Ind.1,,... area to the former Woodinville Lumber , <.-A* --ment e_xistirg regulations and the proposed Zoning Code chools in the Industrial Zone. He described the Pla Commission's review and recommendation and staffs scussi4 followed regarding differences between the Planning mmission's and staffs recommendations, differences in permitting cesses and fees, pros and cons of permitting schools with conditions ersus a CUP, schools permitted in the Industrial Zone with a CUP, including language regarding grades 7-12 in the ordinance, Chrysalis' staggered schedule, and the location of existing Chrysalis schools. Public Testimony Brendon Fogle, Woodinville (inside city limits), a teacher at Chrysalis and parent of Chrysalis students, described the unique environment Chrysalis provides and the importance of the school to the community. Karen Fogle, Woodinville (inside city limits), owner, Chrysalis School, provided their original application which specifies a private, specialized school for grades 7-12 in an existing building. She described the urgency 5

6 Public Hearing and First, Second Reading and Adotion of Ordinance No. 565: Jr/Sr High Schools in the Industrial Zone (ZCA13001) (continued) of this decision as they must move the school in six weeks and expressed concern with the additional time required for a CUP process. Bob Fadden, Woodinville (outside city limits), Lance Mueller Architects, representing the property owner of a site proposed for use by the Chrysalis School, described the building's compatibility with use as a school. He responded to Council questions. Dorothy Fulbright, Bellevue, explained she drove from Bellevue to Woodinville so her son could attend Chrysalis and she now works at Chrysalis. She commented on the value oft' ucation Chrysalis provides. Mary Kate Meyer, Edmonds, a teac alis for 9 years, urged the Council to approve the proposed c ge, ex ng Chrysalis is a devoted, loving, caring comm they w stay in Woodinville. Walter Fo le Woodinvi inside city limits), cited coming deadline and encoura Counci made a decisiotr salis can move and open the schoo e fall Jon Wartes Woodinville (outsict limits), math teacher and school counselor a salis, provided ex es of the personal attention students recei salis. t Chrylis for 23 years, in support of un a11; -proved the proposed ordinance. -- llins Sammtroish, explained she has worked at Chrysalis for 10 year has 3 childr4who graduated from Chrysalis. She described the procenthat began withibity in January, commenting there was a CUP ocess. Jayn i Lndwick, Seattle, teacher at Chrysalis for 10 years, expressed supp to -- 'cthe school and the Fogles. She urged the Council to approve orditta47. Atanda Metcalf Duvall, explained she has worked for Chrysalis for 18 rs and had 3 children graduate from Chrysalis. She spoke in support of lowing Chrysalis as a permitted use because they need the building and 'do not have time to wait for a CUP. Jay Deutsch, Redmond, CEO of BDA and owner of the property, spoke in support of Chrysalis School locating in the building. Mayor Talmas closed the public testimony portion of the hearing. Discussion followed regarding time and cost of a CUP process, SEPA checklist, difference between a permitted use with conditions and a CUP, expediting the process via having second reading tonight, and addressing operational issues via the CUP process. 6

7 Public Hearing and First, Second Reading and Adoption of Ordinance No. 565: Jr/Sr High Schools in the Industrial Zone (ZCA13001) (continued) MAIN MOTION: to waive the requirement for second reading at a separate meeting, and pass first and second reading of Ordinance 565 to allow grade 7 through 12 schools in the Industrial Zone. Motion by: Second by: Action for the Vote: Ayes: Nayes: Abstain: (02:21:10) Deputy Mayor Aspen Councilmember Bauman Main Motion: PASSED 7-0 (02:22:45) Mayor Talmas, Deputy Mayor Aspen, Councilmember Pregle Councilmember Rubstello, Councilm.z: uiikbauman, Councilmember frman, and Councilmember Boundy-Sande Mr. Leahy advised staff ti contract Chrysalis tomo the process and dead'. with regard to Review of City Boards and Commissions Survey Finance Committee Recommendations Re: Criteria for Annual Op Grant Funding REPORTS e -T1-- MANAGE' A 4. Review of City Boards and13}- lbit issions Survey Time did no to it 5. Finance Comaee t Funding discussion of thisgteip. Council requested it be moved Re: Criteria for Annual Open Timald not allow diteussion of this item. Council requested it be moved to meeting. eahy r 6 0 kr's ' will be meeting with the Eastside Rail Regional Committee, the owners group, tomorrow. He plans to add the 11 the Sammamish bridge and build/widen the trestle to the REPORTS CY COUNCILMElki.RS uncilmember Rubstello reminded of the Eastside TRailways Alliance eting on June 1. He reported on a new business in the City, Collective Tap, that converted a daycare to a brewery in 4 months. He suggested the public not be allowed to call out staff by name. Deputy Mayor Aspen reported on the joint meeting with Kenmore, Bothell and the Northshore School District. She reminded of the Old Woodinville School open house on May 16 to discuss options and gather input from the public. She reported a planned power outage on Woodinville-Duvall Road will be rescheduled and residents will be notified. She reported flaggers on the Woodinville-Duvall Road project are concerned with motorists' speeds. Councilmember Bauman reported the joint meeting with Kenmore, Bothell and the Northshore School District was very positive and 7

8 REPORTS OFproductive and she suggested meeting on an annual basis. She reported on COUNCILMEMBERSdebris on Woodinville-Duvall Road shoulders following the wind storm (continued) as well as overgrown vegetation that affects drivers during lane diversions. She reported on an accident tonight at the Tourist District roundabout and suggested staff investigate damage to the light pole and brick retaining wall. She expressed discomfort with realtors contacting Councilmembers about property acquisition and suggested staff provide a refresher on the appropriate way to handle property acquisitions. Councilmember Hageman relayed Redhook's appreciation for staffs assistance with their remodel. He echoed Co lmember Bauman's suggestion to trim vegetation on Woodinv' - )uvall Road. Mayor Talmas reported a meeting o.07e.% of the subarea transportation boards included dis ion ret=3,=o ig a new interlocal agreement between the transp oards g County. He spoke with County Executive sta --fhlrineeting who ed there is currently insufficient sta F work with Woodinville tudy of the Sammamish Valley. EXECUTIVE SESSIONPursuant to RCW e City Council will conduct an executive s "on to discuss currra potential litigation 1) commonly referred to oodinville Villagoject/TRIP Funding Agreement. MAIN MOTIO to e e g to 10:30 p.m. (02:37:33) _ ion by: uty Ma - Aspen by: ouncilme er Bauman Actifor the Main otion: PASSED 7-0 (02:37:36) Vote Ayes: May z, almas, Deputy Mayor Aspen, Coilmember Pregler, Councilmember rsteno, Councilmember Bauman, ouncilmember Hageman, and Councilmember 9:37 p.m. Mayor Talmas recessed the Council to an Executive ession not to exceed 10:30 p.m. with formal action expected to be taken regarding the item listed. City Manager Richard Leahy and City Attorney Greg Rubstello were present during the Executive Session. The meeting was reconvened at 10:28 p.m. MAIN MOTION: to adjourn. (03:30:50) Motion by: Mayor Talmas Second by: Deputy Mayor Aspen Action for the Main Motion: PASSED 7-0 (03:30:52) 8

9 ADJOURNMENT (continued) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Councilmember Pregler, Councilmember Rubstello, Councilmember Bauman, Councilmember Hageman, and Councilmember Boundy-Sanders. Nayes: Abstain: The meeting was adjourned at 10:29 p.m. Jennifer Kuhn City Clerk/CMC 9

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