ALTERNATIVES: 1. Approve the City Council Meeting Minutes of April 7, 2015, as presented.

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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 April7, 2015 Date: 05/05/2015 ISSUE: Shall the City Council approve the Meeting Minutes April 7, 2015? RECOMMENDATION: To approve the Meeting Minutes of April?, 2015 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 April 7, 2015, as presented. 2. Approve the City Council Meeting Minutes of April 7, 2015, 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 7, 2015, AS PRESENTED. Attachment: A- Regular meeting minutes for April 7, ~ ].'

2 ATIACHMENTA City of Woodinville, Washington CITY COUNCIL REGULAR MEETING MINUTES OF APRIL 7, 2015 Woodinville City Hall City Council Chambers, rd Avenue NE, Woodinville, WA CALL TO ORDER The regular meeting of the Woodinville City Council was called to order at 7:00p.m. by Mayor Talmas. ROLLCALL City Council Present: Mayor Talmas, Deputy Mayor Evans, Rubstello, Councilmember Stecker, and Absent: Councilmember Boundy-Sanders. City Staff Present: Richard Leahy, City Manager, Greg Rubstello, City Attorney, Tom Hansen, Public Works Director, David Kuhl, Development Services Director, Blaine Fritts, Finance Director, Alexandra Sheeks, Assist. to the City Manager, Zach Schmitz, Management Analyst, Jennifer Kuhn, City Clerk, and Eduard Zanidache, Cable TV Operator. MAIN MOTION: to excuse Councilmember Boundy-Sanders. (00:02:26) Motion by: Deputy Mayor Evans Second by: Councilmember Stecker Action for the Main Motion: PASSED 6-0 (00:02:37) FLAG SALUTE Mayor Talmas led the flag salute. APPROVAL OF AGENDA The following changes were requested in order and content of the ORDER AND CONTENT agenda: -Move Consent Calendar Item 8 to Business Items - Addition of a New Item: Discussion of an Annexation Application - Noting two Executive Sessions for tonight's meeting MAIN MOTION: to approve the revised agenda in order and content. (00:03 :20) Motion by: Deputy Mayor Evans Second by: Councilmember Stecker Action for the Main Motion: PASS ED 6-0 (00:04:07) 2

3 APPROVAL OF AGENDA Vote: Ayes: Mayor Talmas, Deputy Mayor ORDER AND CONTENT (continued) Evans, Councilmember Waters, Councilmember Rubstello, Councilmember Stecker, and SPECIAL PRESENTATION Nayes: Abstain: None. None. * WRIA 8 (Water Resource Jason Mulvilhill-Kuntz, Watershed Coordinator, WRIA 8, provided an Inventory Areas) update on 10 years of implementing the Salmon Recovery Plan, advising Presentation, Jason the 10-year Interlocal Agreement is reaching an end. Woodinville is one Mulvilhill-Kuntz, Watershed of28 members ofwria 8. He provided a map of the Lake Coordinator Washington/Cedar Sammamish Watershed (WRIA 8) and identified priority habitat areas and Chinook populations in the watershed. Mr. Mulvhill-Kuntz reviewed the road to recovery, leadership and integrating efforts, annual cost share, what the ILA funds, tasks in the WRIA 8 Plan, what has been accomplished since 2005, Little Bear Creek and Sammam.ish River Restoration and Stewardship, ho"v salmon are doing, ongoing recovery, and next steps. He responded to Council questions. PUBLIC COMMENTS Doug Reiss, Woodin Creek Village Associates, emphasized the urgency of renaming the streets in the downtown core (Agenda Item 13) as their first building is anticipated to be complete in June. He provided a map of suggested names and described the rationale for the names. He responded to Council questions regarding how names were chosen and building occupancy. Public Comment Sheet CONSENT CALENDAR MAIN MOTION: to approve Consent Calendar Items 1, 2, 3, 4, 5, 6, 7, 9, and 10. (00:28:21) Motion by: Deputy Mayor Evans Second by: Councilmember Waters Action for the Main Motion: PASSED 6-0 (00:28:27) Approve February 24,2015 City 1. Approve February 24, 2015 City Council Minutes Council Minutes r City Council approved the February 24, 2015 City Council minutes, as presented. 3

4 Approve Claims Dated April 7, 2. A1212rove Claims Dated A,l2ril 7, 2015: Check Nos through 2015: Check Nos through in the amount of$277, in the amount of $277, Approve Payroll DatedApri/7, 3. A1212rove Payroll Dated A,l2ril 7, 2015: Checks , : Checks , , and for 20031, and for $124, $124, Receive and File Development 4. Receive and File Develo12ment Services Re12ort for Februru:y 2015 Services Report for February 2015 City Council received the February 2015 Development Services Department Report. Receive and File Treasurer 5. Receive and File Treasurer Re12ort for Februmy 2015 Report for February 2015 City Council received the February 2015 the Treasurer Report. Approve Addendum 4 with 6. Am~rove Addendum 4 with Heartland for Old Woodinville School Heartland for Old Woodinville Rehab Alternatives for $15,000 School Rehab Alternatives for $15,000 City Council: 1. Approved the fourth addendum to the professional services agreement with Heartland LLC in the amount of$15,000, for a total contract amount of $95,000, substantially in the form presented, and authorized the City Manager to take any steps necessary to execute such addendum; and 2. Appropriated $22,000 in the budget for the Old Woodinville Schoolhouse Project. Second Reading and Adopt Ordinance No. 601: Revising Limitations on adevelopment Agreement 7. Second Reading and Ado12t Ordinance No. 601: Revising Limitations on a Develo12ment Agreement City Council passed second reading and adopted Ordinance No. 601, as presented, to allow extensions within the 10 year limitation for development agreements. Annual Report.from YMCA 9. Annual Re12ort from YMCA City Council received the 2014 annual report for operation of the Carol Edwards Center from the Northshore YMCA. Acceptance of2014 Pavement 10. Acce12tance of2014 Pavement Overlay Project with Northshore Overlay Project with Northshore Paving for $210, Pavingfor $210, City Council accepted the construction contract with Northshore Paving, Inc. in the amount of $210, for the 2014 pavement overlay project and begin the 60-day lien period, and authorized the City Manager to take any steps necessary to implement this decision. 4

5 ~,c,;::;;=;c=;;c~-;;;::~:-:::-::::-::;-cc;"?~:::-----~~::-:cccg;::;;:::;;_ - :;-;;:-::;:;; ::-~ ---~ = _ " - :--;--_;;;;::-:::-::::-:::::;=~::;:-; ~ -;;-; -;:;~ r~ BUSINESS ITEMS NEW ITEM: Discussion of Annexation Application Approve Addendum 1 with Otak for On-Call Civil Engineering Consultant Services for $930,373 Continued Public Hearing: Ordinance No. 602: First Reading: Underground Utilities Requirements EXECUTIVE SESSION City Manager Rich Leahy responded to Council questions about a preapplication to examine potential properties to annex for future development. He anticipated this may be, 1) the Zante family who has expressed interest in annexation or, 2) a builder who is seeking developable property on the City's boundaries. 8. Approve Addendum 1 with Otak for On-Call Civil Engineering Consultant Services for $930,373 Mr. Leahy described the selection ofotak via a competitive process. He responded to Council questions regarding concerns with OTAK's recent work on Woodinville-Duvall Road, the cost of the contract, whether staff could do any of the work, staff managing/overseeing the consultant's work, and staffs role in outstanding issues on the Woodinville-Duvall Road project. MAIN'' MOTION: that the City Council approve the first addendum to the professional services agreement with OT AK Inc. in the amount of $930,373, for a total contract amount of $1,406,373 essentially in the form as presented, and authorize the City Manager to take any steps necessary to execute such addendum. (00:36:45) Motion by: Councilmember Stecker Second by: Deputy Mayor Evans Action for the Main PASSED 6-0 (00:37:56) Motion: 11. Continued Public Hearing: Ordinance No. 602: First Reading: Underground Utilities Requirements Mayor Talmas declared the public hearing on Ordinance No. 602 reopened and opened the public testimony portion of the public hearing. Pursuant to RCW (1)(i), the City Council will conduct an executive session to discuss with legal counsel potentia/litigation and legal risks of Ordinance No At 7:39p.m. Mayor Talmas recessed the Council to an Executive session that is not expected to exceed 15 minutes with no formal action expected to be taken regarding the item listed. 5

6 EXECUTIVE SESSION (continued) City Attorney Greg Rubstello and City Manager Richard Leahy were present during the Executive Session. The meeting was reconvened at 7:50p.m. Continued Public Hearing: Ordinance No. 602: First Reading: Underground Utilities Reguirements Development Services Director Dave Kuhl reviewed essentials of Ordinance 602 and described differences between staff's and the Planning Commission's recommendations. Mr. Kuhl responded to Council questions regarding interpretation of the code with regard to fire hydrants, visibility of transformers from the street, location of transformers, screening of transformers at the time of development, maintaining access to transformers, versions of the ordinance, addition of"anticipated" in l.b, and the utilities' concern with setbacks. City Attorney Greg Rubstello described differences in the options with regard to vesting. Public Testimony David Nemura, Local Government and Community Mfairs Manager, PSE, emphasized the need for first responders to see facilities and access them safely during an outage. PSE supports Option 1. He cited the importance of early coordination and encouraged flexibility to allow utilities to meet the public's needs. Dennis Martin, Electric First Response Supervisor, PSE, said access and safe operation ofpse's electric facilities are key factors in PSE's ability to deliver safe, dependable and efficient electric service. He cited the need for clear access and working space and said response time in emergencies will increase if crews are unable to locate facilities. Jim Parks, Gas First Response Supervisor, PSE, agreed with the need for safe access to equipment. PSE avoids placing meters in the rear of houses for worker safety and prefers easy and safe access. David Hoffman, Master Builders Associations of King and Snohomish Counties, asked whether there was a new staff version of the ordinance, noting there are significant differences in the table presented to the Planning Commission versus the Council. He read a letter from the MBA, relaying their support for Option 1. Kathy Orni, DR Horton, said Ordinance 517 was in regard to undergrounding utility lines and was being amended because the code currently conflicts with serving utilities' requirements and other adopted codes. She relayed PSE's concern with undergrounding transformers. Ms. Orni responded to a Council questions regarding the Vinterra project. Jennifer Reiner, DR Horton, corrected information provided in Mr. Hansen's memo to the Planning Commission dated March 18, She provided background information regarding the Vinterra plat and utilities. She implored the Council to adopt the opt-in language included in Option 1. 6

7 --~-~-~ - ~"-""""""""""""-""""-"" -= ~~-" ~~- ~-"-"""" - ~~m. <c-cc u c =~.u c <-~- ~"""-~ == uu~u?~u~~~ Continued Public Hearing: Ordinance No. 602: First Reading: Underground Utilities Requirements (continued) Approve ILA with King Countv for Woodinville Duvall Road Intelligent Kyle Lublin, DR Horton, expressed support for Option 1 and identified issues in Option 2 with regard to undergrounding utilities and setbacks. He directed attention to Planning Commission Exhibit 5 regarding access. Trisna Tanus, legal representative for MBA and DR Horton, said the intent of the ordinance was to address problems created by existing regulations. She expressed support for including opt-in language in Option 1 for submitted and permitted applications and said the Council has the authority to do that. Mr. Leahy and Mr. Rubstello responded to Council questions regarding how long Option 2 had been available to the public, when the Vinterra plat was submitted, legal opinion regarding opt-in language, variance provisions, changes to the ordinance language during the process, speakers' concern that Vinterra was being singled out, compliance with undergrounding provisions, safety and access of utilities, why the wording was changed in 2010 to require undergrounding, undergrounding lines versus infrastructure, deviation process, opt-in versus deviation language, staff versus Planning Commission recommended setback, screening within the setback, utility databases that identify the location of equipment, and staffs willingness to work with utilities on a method to mark facility locations. Council asked staff to provide a list of projects that have complied with the requirement to underground utilities. MAIN MOTION: to continue the public hearing to April21. (02:04:44) Motion by: Councilmember Stecker Second by: Deputy Mayor Evans A brief discussion followed regarding continuing the public hearing to May 5 so that Councilmember Aspen could be present. Action for the Main Motion: PASSED 5-0 (02:08:40) Rubstello, and Councilmember Stecker. Abstain: 12. Approve ILA with King County for Woodinville-Duvall Road Intelligent Transportation System (ITS) for $11,710 Transportation System OTS) Public Works Director Tom Hansen provided background on this item for $11,710 and described revisions to the lla to address Council concerns. He corrected the City's cost from $23,000 to $11,700. He advised this ILA would allow the City to make real time adjustments to signal timing. that the City Council approve the Interlocal Agreement with King County for the construction of an Intelligent Transportation System on Woodinviller" MAIN MOTION: 7

8 Approve ILA with King Duvall Road substantially in the form presented; and County for Woodinville- authorize the City Manager to take other actions Duvall Road Intelligent necessary to implement the agreement. (02: 12:32) Transportation System ats) Motion by: Deputy Mayor Evans for $11,710 (continued) Second by: Councilmember Aspen Discussion followed regarding support for the ILA, opposition to the ILA due to fear King County is pushing traffic through Woodinville Duvall Road, other traffic corridor options such as Avondale, interest in the City retaining control of its own signals, support for synchronized signals to improve traffic flow, concern the process is lengthy and costly if there is disagreement, cost to install fiber optics to replicate this system, how ITS works, benefits of synchronized signals, control the City has under the ILA, current process to change signal timing, traffic caused by development outside the City and fear King County will widen Woodinville-Duvall to 5 lanes in the future. Discussion of Renaming Downtown Streets Action for the Main Motion: FAILED 3-3 Vote: Ayes: Deputy Mayor Evans, Councilmember Rubstello, and Nayes: Mayor Talmas, Councilmember Waters, and Councilmember Stecker. 13. Discussion of Renaming Downtown Streets Mr. Leahy identified new roads constructed/extended as part of the Woodin Creek Village project. Staffbelieves this is an opportune time to discuss naming/renaming those and other streets in the CBD. He reviewed the procedure for assigning street names and identified potential new street names: NE 175th Street: Main Street or City Center Drive 133rd Ave NE: Vintage Way, Woodin Way, Heritage Place NE 173rd St: Woodland Drive, Gateway Drive, Canterbury Place 172nd Ave NE (new): Village Square Drive, Canterbury Place NE 171st St: Creekside Drive, Valley View Parkway 135th Ave NE: Woodin Creek Way, Canterbury Way Staff recommends surveying the affected property owners and businesses, allowing the public to participate via an online survey and for staff to report back to Council with recommended street names in May/June. Discussion followed regarding Woodin Creek Village's occupancy date, boundaries ofne 175th Street, inviting the Heritage Society to comment on historically significant street names, extending the name ofne 175th Street to the fish sculpture, and Woodin Creek Village's ability to name small internal lanes/alleyways. Comprehensive Plan and Code Update Workshop 14. Comprehensive Plan Includes Staff Report, Powerpoint Presentation, Exhibits

9 Comprehensive Plan and Code Update Workshop (continued) 14. Comprehensive Plan Exhibits Comprehensive Plan Exhibits Lisa Grueter, BERK, identified the documents the Council received in November 2014: Binder 1: Comprehensive Plan November 2014, Municipal Code update, Best Available Science Review, draft EIS, and Existing Conditions Report Binder 2: Planning Commission Exhibits She identified documents in Binder 3 that was distributed tonight: Exhibit 77: Summary of Planning Commission recommendation and comparison between current Comprehensive Plan and revised policies Exhibit 78: Ordinance 591, Comprehensive Plan and PRO Plan Exhibit 79: Ordinance 605, Critical Areas Ordinance Exhibit 80: Ordinance 606, Planned Action for CBD She provided time lines for completing the Comprehensive Plan update, PROS Plan, and Planned Action. REPORTS OF COUNCILMEMBERS Councilmember Aspen advised she will be out of town for the April 21 meeting. She reported on the Chamber auction that raised funds for the Northshore School District Scholarship Fund. She referred to the City's purchase of the property previously owned by Sundquist Homes, advising she has been approached by a mountain bike group and an electric dirt bike group regarding use of the property. She suggested consideration be given to how the property could be used. Mayor Talmas reported at the Northend Mayors meeting Congresswoman DelBene said although there is bipartisan support for several measures, committee chairs are holding up legislation. EXECUTIVE SESSION The City Council will conduct an Executive Session to discuss the following with legal counsel: I) pursuant to RCW (1)(i) current litigation with New Cingular Wireless; 2) pursuant to RCW (1)(b), to discuss property acquisition related to the Woodinville Duvall Road Widening Project; and 3) pursuant to RCW (1)(g), to conduct a Review of the Oty Manager's performance. At 9:53 p.m. Mayor Talmas recessed the Council to an Executive session that is not expected to exceed 30 minutes with formal action expected to be taken regarding one of the items listed. City Attorney Greg Rubstello and City Manager Richard Leahy were present during the Executive Session. MAIN MOTION: to extend the meeting past 10:00 p.m. (02:53:23) Motion by: Deputy Mayor Evans Second by: Councilmember Stecker 9

10 EXECUTIVE SESSION (continued) Action for the Main Motion: PAS SED 6-0 (02:53 :26) The meeting was reconvened at 10:00 p.m. ADJOURNMENT MAIN MOTION: to accept the settlement with Cingular Wireless and authorize the City Manager to execute any necessary agreements. (03:02:30) Motion by: Councilmember Stecker Second by: Deputy Mayor Evans Action for the Main Motion: PASS ED 6-0 (03 :02:42) MAIN MOTION: to adjourn. (03:02:52) Motion by: Councilmember Stecker Second by: Deputy Mayor Evans Action for the Main Motion: PASSED 6-0 (03:02:56) The meeting was adjourned at 10:00 p.m. Jennifer Kuhn City Clerk/CMC 10