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

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1 CITY OF WOODINVILLE, WA REPORT TO THE CITY COUNCIL rd Avenue NE, Woodinville, WA To: Honorable City Council Date: 10/05/2010 From: Richard A. Leahy, City Manager By: Jennifer Kuhn, City Clerk Subject: Approval of Minutes for September 14, 2010 ISSUE: Shall the City Council approve the Meeting Minutes of September 14, RECOMMENDATION: To approve the Meeting Minutes of September 14, 2010, 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 September 14, 2010, as presented. 2. Approve the City Council Meeting Minutes of September 14, 2010, 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 SEPTEMBER 14, 2010, AS PRESENTED. Attachment: A- Regular meeting minutes of September 14,

2 CITY OF WOODINVILLE CITY COUNCIL Regular Meeting / 7 Attachment A Tuesday September 14, :00 p.m. Council Chambers CALL TO ORDER The regular meeting for the Woodinville City Council was called to order at 7:00 p.m. by Mayor Price. ROLL CALL PRESENT: Mayor Price, Deputy Mayor Talmas, Councilmember Glickman, Councilmember Bauman, Councilmember Hageman, Councilmember Boundy-Sanders, and Councilmember Aspen. Also present were: Richard A. Leahy, City Manager; Jim Katica, Finance Director; Hal Hart, Planning & Development Services Director; Tom Hansen, Public Works Director; Alexandra Miller, Assist. to the City Manager; Jennifer Kuhn, City Clerk; Zach Schmitz, Management Analyst;.Eduard Zanidache, Cable TV Operator; Greg Rubstello, City Attorney; and Kristen Eick, Associate Attorney for OMW. FLAG SALUTE Mayor Price led the flag salute. APPROVAL OF AGENDA ORDER AND CONTENT The following change was requested in the order and content of the agenda: - move Consent Calendar Items 6, 7, 8 and '10 to Study Session Items It was suggested a resolution in support of rails and trails be added to a future agenda. Deputy Mayor Talmas moved to approve the agenda in order and content as amended, noting the Executive Session. Councilmember Bauman seconded the motion. SPECIAL PRESENTATIONS * Proclamation: Declaring September 17-23, 2010 Constitution Week Mayor Price read a proclamation declaring the week of September 17-23, 2010 as Constitution Week. * Proclamation: Tobacco-free Teens Back to School Week Mayor Price read a proclamation declaring the week of September 17-23, 2010 as Tobacco-free Teens Back to School Week. * Brightwater Presentation 2

3 Attachment A Gunars Screibers, Brightwater Project Manager, provided a project and construction overview of the Brightwater Treatment Plant and conveyance system. He reviewed the history of the plant, size of the plant and site, treatment process, conveyance system, reclaimed water system, and project schedule. He provided an aerial photograph of the plant, advising construction of the plant is 90% complete and construction of the conveyance system is 84% complete. Stan Hummel, Design and Startup Manager, reviewed elements of the design of the treatment plan including the membrane bioreactor (MBR) treatment, seismic design, odor control and prevention, and emergency response procedures. Michael Popiwny, Mitigation Manager, reviewed the history of the site, use of sustainable practices, salmon habitat and reforestation area, and the environmental education and community center. During and following their presentations, Mr. Screibers, Mr. Hummel and Mr. Popiwny responded to Council questions regarding sealed stormwater detention ponds, the definition of stringent seismic design, code requirements for seismic design, fault lines in the area earthquakes that other facilities and conveyance lines have withstood, maximum magnitude earthquake the plant can withstand, percentage of stormwater inflow treated at the facility, chemical separation, odor monitoring, response to odor complaints, concern with manually operated pond gates, engineering done with regard to shaking but not rupture, hydrogen sulfide gas discharge, redirecting flows in an emergency, emergency response, representation on the Air Advisory Panel (Odor Board), funds in King County's budget to address future odor problems, emergency response exercises, and odor detection equipment. Several Councilmembers thanked the representatives for answering questions when they toured Brightwater. PUBLIC COMMENTS Steven Sanders, Bothell, a Wrangler parent, described the importance of the Wrangler program to the families and urged the Council to maintain the program. City Manager Rich Leahy provided a brief update regarding possible options for privatizing the Wrangler program. Thomas Payne, Tacoma, Chairman and COO, GNP Railway, provided an update regarding the railroad spur and their application to the U.S. Surface Transportation Board for excursion and commercial service. Several municipalities have written the Board opposing the operation of the railway. He requested a resolution of support from the City. The Council asked staff to provide information regarding possible impacts to traffic. The Council requested a resolution of support of GNP Railway excursion and freight service and rail/trail from Woodinville to Redmond be scheduled on next week's agenda. Lila Chapman, Woodinville (outside city limits), commented on the history of Woodinville and the Sammamish Valley and urged the Council not to allow big box stores in the City. She supported agriculture as a way to attract tourists. Dave Witt, Woodinville Chamber of Commerce, referred to the Chamber's offer to partner with the City to keep the CEC open, explaining the Chamber would relocate their offices to the CEC even if it were operated by another entity and pay market rental rater He cited the importance of the CEC to the business community. Karen Jessen, Woodinville (inside city limits), suggested consideration be given to budget cuts for all depaitinents due to the expected length of the recession. She recommended retaining a small piece of the recreation program in the CEC to facilitate its reopening in the future. She recommended the opinions of all Councilmembers be heard. CONSENT CALENDAR Deputy Mayor Talmas moved to approve Items 1, 2, 3, 4, 5 and 9. Councilmember Bauman seconded the motion. VOTE: All voted in favor of the motion, with the exception of Councilmember Aspen, and the motion carried (6-1). 3

4 Attachment A Councilmember Aspen advised she was specifically opposed to Item Approval of July 20, August 3 and August 10, 2010 City Council Minutes City Council approved the City Council meeting minutes of July 20, August 3, and August 10, 2010, as presented. 2. Approval of September 14, 2010 Claims: Checks through in the amount of $801, Approval of September 14, 2010 Payroll: Checks , , and for $199, Approval of September 14, 2010 Claims: Checks through in the amount of $1,168, Approval of September 14, 2010 Payroll: Checks , , and for $156, Approval of Resolution No 392: Amending 2010 Park & Recreation Field Rental Fees City Council adopted Resolution No. 392, establishing a revised fee schedule for field use beginning January 1, STUDY SESSION ITEMS FOR DISCUSSION OR REVIEW 6. Receive and File Treasurer Report for July 2010 Finance Director Jim Katica reviewed revenues and expenditures year-to-date, advising revenues are expected to slightly exceed expenditures at yearend. He described the revenue impact of initiatives on the November ballot and briefly commented on the recently approved King County labor contract. The Council was provided a revised page 9 of the staff report. The Council received and filed the July Treasury Report. 7. Approval of Award of Contract with Best Parking Lot Cleaning, Inc. for Catch Basin Cleaning Project in the Amount of $58, Public Works Director Tom Hansen responded to questions regarding the catch basin map and schedule for cleaning. Councilmember Glickman moved that the City Council award the contract for the 2010 Catch Basin Cleaning with Best Parking Lot Cleaning, Inc., of Sumner, Washington in the amount of $58,466.00; authorize a project contingency of $11,910.00; and authorize the City Manager to take other actions necessary to implement this action. Deputy Mayor Talmas seconded the motion. 8. Approval of Project Acceptance for BNRP SE Leg with West Coast Construction in the amount of $3,321, City Manager Rich Leahy responded to Council questions regarding cost increases. Councilmember Glickman moved that the Council accept the construction contract with West Coast Construction, Inc. in the amount of $3,321, for the SR 202 BNRP Southeast Leg Improvement Project and authorize the City Manager to take actions necessary to implement this decision. Councilmember Bauman seconded the motion. 4

5 Attachment A Mayor Price declared a brief recess. 10. Approval of Skony Woodinville, LLC: Dedication of Right-of-Way Associated with Construction of a Sidewalk at th Ave NE Council expressed concern with setbacks and tree removal on the site. Mr. Leahy explained dedication of right-ofway and construction of a sidewalk was a condition of development. He commented on staff decisions with regard to tree removal and replacement. Discussion followed regarding concern with decisions made on this project, the need for more stringent design guidelines, and right-of-dedication to construct a 6-foot sidewalk. Councilmember Glickman requested evidence including a surveyor's report to prove this was a legal action for the Council to take. He also inquired about complaints regarding this project. Councilmember Aspen moved that the City council approve and accept the right-of-way dedication from Skony Resources on 140th Avenue and to authorize the City Manager and the City Attorney to take other actions necessary to implement the direction regarding this matter. Councilmember Hageman seconded the motion. VOTE: All voted in favor of the motion, with the exception of Councilmernber Glickman, and Councilmember Bauman, and the motion carried (5-2). 11. Establishing City Position for Suburban Cities Association Policy Issues Deputy Mayor Talmas, the City's representative to Suburban Cities Association, solicited Council input on the three policy issues before the SCA: 1) Regional Transit Task Force Recommendations, 2) Countywide Planning Policies, 3) Impact of King County Budget Decisions on City Government Budgets. Following discussion, it was the consensus of the Council to support the three issues in the staff report. 12. Continued Public Hearing: and First Reading of Ordinance No. 489: 2009 Annual Docket Downtown Zoning Code / City Map Amendment Councilmember Glickman moved to open the continued public hearing on Downtown Zoning Code and Map Amendments, Ordinance No Deputy Mayor Talmas seconded the motion. Councilmember Glickman moved to reopen the public testimony portion of the public hearing on Ordinance No Deputy Mayor Talmas seconded the motion. Development Services Director Hal Hart reviewed a summary of actions to date (scorecard) with regard to building height limits, design districts, building height incentives/prescription, building/store/business size, Northwest Woodland design, residential uses, and other. Discussion followed regarding Issue le (allow building heights in East Frame up to 60 feet) that exceeds the Comprehensive Plan and Master Plan, Council direction not to allow cinderblock in Issue 5e, and returning the Northwest Woodland design issues to the Planning Commission for the creation of development standards. Mr. Hart provided residential capacity analyses for several development scenarios. Jens Molbak, represent Molbak's, encouraged the City to provide accurate information to the public. He commented 5

6 Attachment A on the benefits of FAR and recommended a 2.0 FAR for residential and commercial uses and incentives that encourage development. Dave Witt, Woodinville Chamber of Commerce, relayed the Chamber's support of the proposed ordinance and encouraged the Council to continue working towards its passage. He urged the Council to include enough flexibility to retain existing businesses and to attract new development and new businesses. Andrew Max, Woodinville business owner, concurred with Mr. Molbak's comments. With regard to FAR, he emphasized developers build to accommodate the market. He commented on development occurring in surrounding cities. Seth Gary, Ilahie Holdings, Woodinville Towne Center, thanked the Council for approving the interim ordinance which allows 75,000 square foot buildings in the Transition District. He urged the Council to include that building size in Ordinance 489. Jens Molbak, represent Molbak's, suggested the Council pass the Planning Commission's recommendation with the amendments made in the interim ordinance. Councilmember Glickman moved to close the public testimony portion, of the public hearing on Ordinance No Councilmember Aspen seconded the motion. Councilmember Aspen moved that the City Council pass first reading of Ordinance No. 489 as presented in Exhibit 3, implementing the 2009 Annual Docket Downtown Zoning Code and Map Amendments, incorporating Ordinance No. 505, and place it on the next available agenda for second reading and adoption. Councilmember Hageman seconded the motion. Discussion followed regarding information that was missing when the Planning Commission reviewed the amendment, additional issues the Council needed to address before passing the ordinance, and concern the proposed amendment significantly exceeded existing growth targets. VOTE: Upon roll call, motion failed (3-4), Mayor Price and Councilmem hers Aspen and Hageman in favor; and Deputy Mayor Talmas and Councilmembers Bauman, Glickman and Boundy-Sanders opposed. Councilmember Glickman moved that the City Council close the public hearing for Ordinance No. 489, implementing the 2009 Annual Docket proposed Downtown Zoning Code and Map Amendments and continue the public hearing on Ordinance No 489 to September 21, 2010 in the Woodinville City Hall Council Chambers at 7 PM or as soon thereafter as may be heard. Deputy Mayor Talmas seconded the motion. VOTE: Upon roll call, motion failed (3-4), Councilmember Glickman, Deputy Mayor Talmas and Mayor Price in favor; and Councilmembers Bauman, Hageman, Boundy-Sanders and Aspen opposed. Deputy Mayor Talmas moved that the City Council close the public hearing for Ordinance No. 489, implementing the 2009 Annual Docket proposed Downtown Zoning Code and Map Amendments. Councilmember Glickman seconded the motion. The Council continued their review of issues on the scorecard. 6

7 Attachment A Councilmember Boundy-Sanders moved that Scorecard items 4f and 4g, exceptional design criteria and design standards, be referred to the Planning Commission for consideration. Councilmember Glickman seconded the motion. Councilmember Boundy-Sanders moved to keep the residential zoning downtown as it exists today rather than converting to FAR as proposed in Ordinance No Deputy Mayor Talmas seconded the motion. Discussion followed regarding existing growth targets and capacity under the dwelling units per acre density calculation, negatives associated with exceeding growth targets, and flexibility provided by FAR. City Attorney Rubstello cautioned the Growth Management Hearings Board has found limiting the number of residential units to growth projections is not compliant with the GMA as projections are intended as minimums. The City can restrict growth based on other factors such as the Transportation Plan. VOTE: Upon roll call, motion failed (3-4), Deputy Mayor Talmas and Councilmembers Glickman and Boundy-Sanders in favor; and Mayor Price and Councilmembers Bauman, Hageman, and Aspen opposed. Councilmember Glickman moved to retain the existing building height limit of a 35 foot base height and 45 feet with incentives in all design districts. Councilmember Boundy-Sanders seconded the motion. Discussion continued regarding building heights necessary to accommodate growth targets, building heights necessary to facilitate mixed use development and`to make structured parking feasible, a preference to require items offered as incentives for additional height, protecting the character of Woodinville via lower building heights, market forces, offering increased height to leverage incentives, encouraging development via flexibility, and development standards' influence on design. VOTE: Upon roll call, motion failed (3-4), Councilmember Glickman and Boundy-Sanders and Deputy Mayor Talmas in favor; and Counciltnembers Bauman, Aspen, and Hageman and Mayor Price opposed. Deputy Mayor Talmas moved that the City Council continue the public hearing on Ordinance No. 489 to September 21, 2010 in the Woodinville City Hall Council Chambers at 7 PM or as soon thereafter as may be heard. Councilmember Boundy-Sanders seconded the motion. VOTE: All voted in favor of the motion, with the exception of Councilmember Bauman, and the motion carried (4-1-2). Councilmember Hageman abstained. Councilmember Aspen abstained. PUBLIC COMMENTS Clem Himmelspach, Woodinville (inside city limits), expressed support for the Planning Commission's recommendation on the Downtown Zoning Code and Map Amendments. He urged the Council to pass the ordinance quickly. Jens Molbak, representing Molbak's, cited examples of unpopular and failed buildings that were the result of the City's existing zoning. He pointed out the existing 45-foot height limit has not resulted in redevelopment. He encouraged the Council to adopt amendments that encouraged businesses and increased the City's vitality. REPORTS OF CITY MANAGER Mr. Leahy reported the resurfacing of 156th should be completed tomorrow. 7

8 REPORTS OF COUNCILMEMBERS Attachment A Councilmember Glickman reported the quality of the resurfacing was very good. Residents on his street were not notified when the resurfacing would begin and the delays were longer than posted. He reported discussion at the recent Northend Mayors meeting focused on the proposed incremental sales tax for law enforcement. Councilmember Bauman reported the Economic Development Committee met tonight. She also reported on the recent Fire Commission meeting and the upcoming joint Council/Fire Commission meeting. In response to Councilmember Hageman's inquiry, Mr. Leahy reported the solar powered speed monitors on 156th will be replaced with hardwired monitors by the end of the month. The solar powered speed monitors will be reused elsewhere. Councilmember Hageman suggested they be installed on Woodinville-Duvall Road. Councilmember Boundy-Sanders relayed King County Metro's report at the Eastside Transportation Partnership that Woodinville will be provided additional bus service/routes beginning spring At a recent salmon tour at the Ballard Locks, it was reported that a $5.5 million investment resulted in a 99% decrease in salmon mortality. She advised tours are available of salmon runs on Cottage Lake Creek. EXECUTIVE SESSION Pursuant to RCW (1)(b) to consider the selection of a site or acquisition of real estate by lease or purchase. Pursuant to RCW (1)(i) to discuss 1) current litigation commonly referred to as Tent City, 2) potential litigation with PSE, 3) current litigation commonly referred to as Phoenix Development, and 4) current litigation with Hollywood Vineyards regarding the Roundabout condemnation. Pursuant to RCW (4)(b), to discuss collective bargaining regarding labor, negotiations. At 11:39 p.m. Mayor Price recessed the Council to an approximately 30 minute Executive Session with no formal action to be taken regarding the items listed. City Attorney Greg Rubstello and City Manager Rich Leahy were present during the Executive Session. At 12:05 a.m. Mayor Price extended the Executive Session for 15 minutes. The meeting was reconvened at 12:21 a.m. ADJOURNMENT Councilmember Glickman moved to adjourn the meeting. Deputy Mayor Talmas seconded the motion. The meeting was adjourned at 12:22 a.m. Jennifer Kuhn City Clerk/CMC 8