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 C (-/ Approval of Minutes for October 8, 2013 Date: 11/12/2013 ISSUE: Shall the City Council approve the Meeting Minutes of October 8, 2013? RECOMMENDATION: To approve the Meeting Minutes of October 8, 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 October 8, 2013, as presented. 2. Approve the City Council Meeting Minutes of October 8, 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 OCTOBER 8, 2013, AS PRESENTED. Attachment: A- Regular meeting minutes for October 8,

2 Attachment A City of Woodinville, Washington CITY COUNCIL REGULAR MEETING MINUTES OF OCTOBER 8, 2013 Woodinville City Hal 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 City Council Present: Mayor Talmas, Deptity Mayor Aspen, Councilmember Bauman, Councilmembei. Hageman, and Councilmember Boundy-Sanders., Absent: Councilmember Rubstello, Councilmember Pregler. City Staff Present: Richard Leahy, City Manager, Greg lt,ubstello, City Attorney, Jim Katica,FiUarice Direcfer, Tom Hansen, Public. \/orks Director, David Kuhl, Development Services Director, Alexandra Sheeks, Assist. to the City Manager, Zach Sehmitz, Managemenf Analyst, Jennifer Kuhn, City Clerk, Eduard Zanidache, Cable TV Operator, and Erin Martindale, Cr. Planner. MAIN MOTIOiN; w e*cuse Councilmembers Rubstello and Pregler. (00:1)3:40) Motion by Deputy Mayor Aspen Sectind by: Councilmemper Bauman ActiOn for the Main Motion: PASSED 5-0 (00:03:48) Vote: Ayes: Ma.:),:c Talmas, Deputy Mayor Aspen, Naves: None. FLAG SALUTE Mayor Talmas led the flag salute. APPROVAL OF AGENDA ORDER AND CONTENT - Noting the addition of two Executive Sessions for tonight's meeting. MAIN MOTION: to approve the agenda order and content. (00:04:20) Action for the Main Motion: PASSED 5-0 (00:04:37) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Nayes: None. 2

3 CONSENT CALENDAR MAIN MOTION: to approve Consent Calendar Items 1, 2, 3, 4, 5, 6, and 7. (00:05:11) Approval of Claims Dated October 8, 2013: Check Nos in the amount of $381, Action for the Main Motion: PASSED 5-0 (00:05:17) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Nayes: None. 1.Approval of Claims Dated October 8, 2013: Check Nos in the amount of $381, Approval of Payroll Dated October 8, 2013: Check Nos , , and for $132, Approval of Payroll Dated October 8, 2013: Check Nos , , and for $ Receive and File Treasurer Report for August 2013 Receive and File Police Department Crime and Traffic Report for August Receive and File Treasurer Repo -t for August 2013 City Council received the August 2013 Treastity Report. 4. Receive and File Poke Department Crime and Traffic Report for August 2013 City Council received the August 2013 Police Depai (went Crime and Traffic Report. Receive and File Development Services Department Report for August Receive and FileDevelopment Services Department Report for August City Council received the Development Services Department report for August Second Reading and Adoption of Ordinance No. 574: Amending Gambling Tax Procedures First Reading of Ordinance No. 576: Amending Accounting Requirements for Utility Tax 6. Second Reading and Adoption of Ordinance No. 574: Amending Gambling Tax Procedures City Council passed second reading and adopted Ordinance No. 574 to amend WMC to extend the remittance date for gambling taxes to 45 days and to adjust late payment penalty dates. 7. First Reading of Ordinance No. 576: Amending Accounting Requirements for Utility Tax City Council passed first reading of Ordinance No. 576 to amend WMC relating to the accounting and receipting of utility tax revenues. City CouncdMeeting October 8, 2W3 3

4 BUSINESS ITEMS PUBLIC HEARING: First Reading of Ordinance No. 572: Design Review Process Requirements 8. PUBLIC HEARING: First Reading of Ordinance No. 572: Design Review Process Requirements Mayor Talmas declared the public hearing for Ordinance No. 572 open and opened public testimony. Senior Planner Erin Martindale provided background on this item and the process. She reviewed the three major changes to the current code and other proposed changes. She summarized the changes proposed are procedural for commercial, industrial and multi-family design standards. No changes are proposed to the substantive design review standards. Discussion followed regarding the 4T,ourist District Overlay versus the Tourist Business District, cost of design review for inall projects, and the effect of deleting Council consensus to Make the following changes: - Revise (a) to read, "If 50 percent or more of a building elevation of a or structure subject..." - Revise (b) to read, "If less than 50 percent of a building elevation of a or structure subject..." - Replace "elevaii, i I II qv,- out the document with the above language. - Delete "as determined by the Planning Director" in Section A, AppliCability. Public Testimony Steve:Yabroff, Woodinville (inside city limits), Planning Commission Chair and Design Review Committee Member, explained the Committee suggested expediting the process for very small changes. MAIN MOTION: to close the public hearing on Ordinance No (00:20:49) Action for the Main Motion: PASSED 5-0 (00:20:56) Vote: Ayes: Nayes: Abstain: Mayor Talmas, Deputy Mayor Aspen, None. None. MAIN MOTION: to pass first reading of Ordinance No. 572, to amend the design review procedural requirements, as amended. (00:21:07) 4

5 PUBLIC HEARING: First Reading of Ordinance No. 572: Design Review Process Requirements (continued) Discussion followed regarding the importance of streamlining and making the process more collaborative, applying design review standards, the importance of clarifying the code, and the City being open to additional changes in the future. Action for the Main Motion: PASSED 5-0 (00:26:28) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Nayes: None. Discussion of Recreational Marijuana Sales Authorized by I Discussion of Recreational Marijuana.Sales Authorized by Development Services Director David Kuhl *bribed options for implementing (do nothing, moratoria, permanent ban, interim regulations, or permanent regulations). He reviewed actions being taken by the Liquor Control Board, state law regarding buffers and number of retail operations, the federal government's response, alternatives, Woodinville's current regulations, and research that could be done during a moratorium. City Attorney Greg RubstellO provided comment on state versus federal law and the City's current code. Discussion followed regarding state law in violation of federal law, allocation. of licenses by city and at-large, grandfathering facilities, ability of a city to ban, takes and revenues, moratorium parameters, enforcement of a ban, medicinal versus recreational use, Woodinville's current regulations regarding dispensaries and collective gardens, ability to maintain current prohibitions and ban recreational cultivation, and dispensing during a moratorium, other cities' actions with regard to theinallocations, marijuana tourism, sales tax revenue, Woodinville precincts' support of 1-502, benefits of legal marijuana sales, concern with language in the current ordinance regarding medicinal marijuana, dangers of children having access to marijuana, and what Would be studied during a moratorium. MAIN MOTION: to write language to the existing policy of not allowing medicinal marijuana to extend to recreational marijuana within the city limits. (01:05:05) Discussion followed regarding long term effects of marijuana, marijuana consumption within city limits, preference for a moratorium to see the outcome, marijuana facilities in nearby cities, and this being a land use decision rather than a criminal law decision. AMENDMENT TO THE MAIN MOTION: Motion by: Second by: to also add language for a possible moratorium so two options are available to the Council. (01:14:02) Councilmember Bauman Councilmember Hageman City Council:Meeting October 8,

6 Discussion of Recreational Marijuana Sales Authorized by (continued) EXECUTIVE SESSION Mr. Rubstello clarified staff would prepare a draft ordinance to institute a ban and a moratorium to allow time for the Planning Commission to consider the ban. Action to the amendment: PASSED 5-0 (01:21:05) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Nayes: None. Action to the MAIN PASSED 3-2 (01:21:27) MOTION as amended: Vote: Ayes: Deputy Mayor Aspen, Councilmember Bauman, and Counefl,;1,mber Hageman. Nayes: Mayor Taint:1s; and Councilmember Boundy- Sanders..=, Pursuant to RCW (1)(i), the City Council wilbconduct an executive session to discuss the following with legal counsel: I) potential litigation on proposed Ordinance No At 8:22 p.m. Ma) or Talmas recessed the Council to an Executive Session to last not more than 15 minutes. City Attorney Greg Rubstello and City Manager Rich Leahy were present during the Executive Session. The meeting was reconvened at 8:32 p.m. Reconsideration - Ordinance 10' Reconsideration - Ordinance 573: Amending CIP and 573: Amending Capital Facilities Element of Comp Plan CIP and Capital Facilities Element. of Comp Plan AssisL,mt to the City Manager Alexandra Sheeks provided background on this item. < She described the proposed change to add Project PA3 to identify the rail corridor as a possible property acquisition. She identified the section of the corridor on a map and provided a photograph of the section. MAIN MOTION: to pass first reading of Ordinance No. 573, as presented, amending the Capital Improvement Plan and amending Chapter 10 Capital and Public Facilities element of the Comprehensive Plan. (01:38:44) Discussion followed regarding opportunities on the corridor and current and future benefits of this project. 6

7 Reconsideration - Ordinance 573: Amending CIP and Capital Facilities Element of Comp Plan (continued) Action for the Main Motion: PASSED 5-0 (01:41:55) Vote: Ayes: Mayor Talmas, Deputy Mayor Aspen, Nayes: None. MAIN MOTION: to refer to the Planning Commission a discussion of land banking options for critical areas, stormwater management areas, wildlife corridors and wind buffers. (01:42:14) Motion by: Councilmember Bourtdy-Sanders Second by: Mayor Talmas A brief discussion followed regarding citizens interest in land banking for purposes other than parks. Review of Park Facility Uses and Regulations Discussion of Neighborhood Parks to Home Owners' Associations Action for the Main Motion: PASSED 4-1 (01:44:44) Vote: Ayes: Mayor Talmas, Councilmember Councilmembet Hageman, and Cpuncilmember Boundy-Sanders. Naves: Deputy Mayor Aspen. Abstain::.. None. 11. Review of Park'Facility Uses and Regulations Ms. Sheeks provided background on this item, explaining this arose as a result of requests td..use City parklf fer special events. She described the City's current policy with regard to use of parks for non-city events, potential benefits/drawbacks, and policy issues. She relayed staffs recommendation to refer review of park facility uses and regulations to the Parks and Recreation Commission for review and recommendations. MAIN MOTION: to refer the review of Park Facility Uses and Regulations to the Parks and Recreation Commission for review and recommendations. (01:51:33). Action for the Main Motion: PASSED 5-0 (01:51:45) Vote: Ayes: Nayes: Abstain: Mayor Talmas, Deputy Mayor Aspen, None. None. 12. Discussion of Neighborhood Parks to Home Owners' Associations Ms. Sheeks provided background on the City's five neighborhood pocket parks and identified their locations on an aerial map. She reviewed opportunities/challenges related to the neighborhood parks, staffs contact with two homeowner associations (Quail Ridge and Greenbrier), and 7

8 Discussion of Nei hborhood Parks to Home Owners' Associations (continued) REPORTS OF CITY MANAGER REPORTS OF COUNCILMEMBERS the results of surveys sent to three neighborhoods without HOA (Woodinville Heights, Tanglin Ridge and Stonehill Meadows). Discussion followed regarding amenities in neighborhood parks, Stonehill Meadows return of the neighborhood park to the City, staff time to maintain neighborhood parks, potential for work parties, concern with residents providing ongoing maintenance, neighborhoods without an HOAs, referring this to the Parks Commission for recommendation on each park, and privately owned open space/parks. Mr. Leahy reported construction is occurring on 140th tonight. --, Deputy Mayor Aspen reported Ms Sheeks presented a Wilmot Gateway Park project to the Parks & Recreation Commission. The project, expected to be completed by June 2014, will include a stage, electrical, lighting, restroom upgrade's and W ayfinding signs. Mr. Leahy assured the project will also include.repairing the tiles near the pergola. Councilmember Bauman relayed a concern with inconsistency in regulations related to insulation in distillery warehouses, tasting rooms, andretail sale areas. Mr. Leahy responded this has been addressed via application of the State Energy Code. Councilmember Hag,eman suggested sweeping the shoulders of Woodinville-Duvall Road. Public WorIN Director Tom Hansen reported Frontier and PSE have until November 1 to relocate wires cables on Woodinville-Duvall Road. Councilmember Hageman reported the Rotary auction, a fundraiser for the Northshore School District scholarship program. is coming up. Councilmember Boundy-Sanders reported the following: - congratulations to new Planning Commission Chair Steve Yabroff - thank you to Paula Waters for service as Planning Commission Chair for the past three years - suggestion for a "limited sight distance 15 mph" on the hill in WoodinVille Heights - suggestion for pavement marking identifying lanes on NE 180th Street -.suggestion for an agenda item: letter requesting commuter rail in Woodinville be included in Sound Transit 3 - the policy regarding the use of Council Chambers by non-city groups Mayor Talmas reported Sound Transit plans to make a presentation to the Council regarding ST 3. EXECUTIVE SESSION Pursuant to RCW (1)0, the City Council will conduct an executive session to discuss current or potential litigation with legal counsel regarding: 1) a proposed reorganization plan and a potential claim for damages, 2) litigation commonly referred to as the Woodinville Village Project/TRIP funding Agreement; and 3) pursuant 8

9 EXECUTIVE SESSION (continued) to RCW (1)(c) property acquisition associated with the Sammamish Bridge Project. At 9:20 p.m. Mayor Talmas recessed the Council to an Executive Session to last not more than 40 minutes with no formal action expected to be taken. City Attorney Greg Rubstello and City Manager Rich Leahy were present during the Executive Session. The meeting was reconvened at 9:42 p.m. ADJOURNMENT The meeting was adjourned at 9:43 p.m. Jennifer Kuhn City Clerk/CMC 9

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