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CC MIN 091614M 49 10 City Council Regular Meeting Minutes Tuesday, September 16, 2014 6:00 PM Call to Order /Pledge of Allegiance Mayor Freed called the meeting to order at 6:00 PM and let the Pledge of Allegiance. 1. Roll Call Councilmembers Agnew, Evans, Lamb, Rheaume, Samberg and Mayor Freed present. Mayor Freed stated Deputy Mayor Spivey would arrive shortly. 2. Meeting Agenda Approval Councilmember Samberg requested an addition 15 minutes to AB 14 -143. Mayor Freed announced that due to the amount of people in the audience for AB 14- 142, the Public Hearing on the Bothell Connector /Fitzgerald /35 Subarea item, he would move that item up on the agenda to be heard after the consent agenda. 3. Review Projected Agenda Councilmember Samberg requested the Study Session on the 2015 Legislative Agenda be scheduled for October or November. 4. Special Presentation Proclamation: Northshore Schools Foundation Month Mayor Freed read the Proclamation into the record, proclaiming September 2014 as Northshore Schools Foundation Month and presented it to Michelle Morris and Carmin Eziel of the Northshore Schools Foundation. Deputy Mayor Spivey arrived at 6:11 PM. 5. Vi Bill Moritz - spoke regarding the upcoming ballot measure. Jim Jamison - spoke regarding code changes needed to allow brewery production. 169 City Council Regular Meeting Minutes September 16, 2014 Page 2 of 7 Paul Strisower - spoke regarding code changes needed to allow brewery production. 6. Consent Agenda a. Consider Approval of the September 2, 2014 Regular Meeting Minutes RECOMMENDED ACTION: Approve the City Council Meeting Minutes of September 2, 2014. b. AB #14 -133 -Consider Approval of July and August 2014 Vouchers RECOMMENDED ACTION: Approve checks 122788 - 123257 ($3,877,396.09) for July 2014 and checks 123258 - 123725 (2,402,273.83) for August 2014 that were approved and paid by the City Auditor. c. AB #14 -134 - Consider Approval of Addendum No. 1 to the Interlocal Agreement that established the Watershed Resources Inventory Area 8 Salmon Recovery Council to allow the Town of Woodway to become a member RECOMMENDED ACTION: Authorize the City Manager to approve Addendum No. 1 to the Interlocal Agreement with the Water Resource Inventory Area 8 Salmon Recovery Council, and in substantially the same form as presented. d. AB #14 -135 - Consider Approval of Interlocal Purchasing Agreement with Region VIII Education Service Center RECOMMENDED ACTION: Approve Interlocal Purchasing Agreement with Region VIII Education Service Center. e. AB #14 -136 - Consider Approval of Construction Contract with Sprinturf for Replacement of Synthetic Turf on North Creek Sportsfield #1 RECOMMENDED ACTION: Authorize the City Manager to sign a purchase and installation agreement with Sprinturf in the amount of $464,445.00. f. AB #14 -137 - Consider Approval of an Easement to Anderson School Properties, LLC RECOMMENDED ACTION: Authorize the City Manager to approve the necessary easement to Anderson School Properties LLC, in substantially the same form as presented. g. PULLED - AB #14 -138 - Consider Granting a Facility Charge Credit to Camwest /Toll Brothers in Exchange for Piper's Glen Potable Water System Improvements RECOMMENDED ACTION: Approve crediting water facility charges for Piper's Glen Development against the cost of water system improvements. 170 City Council Regular Meeting Minutes September 16, 2014 Page 3 of 7 MOTION: Councilmember Lamb pulled Consent Item AB #14 -138 and moved approval of the balance of consent items a -f. Councilmember Agnew second. The motion carried 7 -0. AB - #14 -138 - Councilmember Lamb asked clarifying questions of staff. Discussion ensued. MOTION: Councilmember Evans moved approval crediting water facility charges for Piper's Glen Development against the cost of water system improvements with a not to exceed amount of $193,000. Councilmember Lamb second. The motion carried 7 -0. 10a. Public Meetings Public Hearings, Closed Record Reviews (moved up on the ag enda ) a. AB #14 -142 - Public Hearing to Consider Potential Plan and Code Amendments Concerning 1) the Bothell Connector Alignment between 228th and 240th Streets SE and 2) Plan Designations and Development Regulations for Portions of the Fitzgerald /35th SE and Canyon Creek /39th SE Subareas RECOMMENDED ACTION: After taking testimony, deliberating and providing direction to Staff, continue the Public Hearing to October 21, 2014, for consideration of proposed Findings and a proposed Ordinance. Senior Planner Bruce Blackburn presented this item stating that as part of the 2014 Docket, the City Council initiated consideration of Plan and Code amendments to address property owner concerns regarding development potential subject to LID overlay regulations. Mayor Freed opened the Public Hearing at 6:33 PM and invited public comment. Public testimony was received from the following: Gene Grieve - submitted his comments with attachments for the record. Martha Clatterbaugh Virginia Young Dave Spalding Carol Erickson Tina Williams Tom Berry Ann Aagaard - submitted her comments for the record. Bob Vick Mark Maynard Anthony Powter 171 City Council Regular Meeting Minutes September 16, 2014 Page 4 of 7 Wendy Kalume Mark Renn Council discussion and questions ensued. MOTION: Councilmember Lamb moved approval of recommended action. Councilmember Agnew second. Council recessed at 8:01 PM and reconvened at 8:17 PM. Councilmember Lamb withdrew his motion to approve the recommended action. Councilmember Agnew concurred. Mayor Freed stated that staff asked for clear direction from Council before moving to continue the Public Hearing to October 21, 2014. Mr. Blackburn specifically asked for Council direction on the following three items: 1: Bothell Connector: Consensus to remove this project. 2: Forest Coverage: Council consensus to not allow it to drop below 40 %. 3: Council gave staff direction to work to integrate site and building design standards within the LID overlay regulations. MOTION: Councilmember Lamb moved to continue the public hearing to October 21, 2014. Councilmember Agnew second. The motion carried 7 -0. 7. Contracts and Agreements a. AB #14 -139 - Consider Approval of Professional Services Agreement with Perteet, Inc. for Final Design Services for Multiway Boulevard Phase 2 RECOMMENDED ACTION: Authorize the City Manager to execute the professional services agreement with Perteet, Inc., in the amount of $538,051 and in substantially the same form as presented, for final design services for Multiway Boulevard Phase 2. Public Works Supervising Engineer Ryan Roberts presented this item and entertained Council questions. MOTION: Councilmember Lamb moved approval as presented. Councilmember Agnew second. The motion passed 5 -2; Samberg and Rheaume dissenting. 172 City Council Regular Meeting Minutes September 16, 2014 Page 5 of 7 8. Boards and Commissions a. AB #14 -140 - Consider Partial -term Appointment to Position No. 5 on the Planning Commission Expiring March 31, 2015 RECOMMENDED ACTION: Appoint an applicant to fill the partial -term vacancy for Position No. 5 on the Planning Commission, expiring March 31, 2015. MOTION: Councilmember Lamb moved to re- advertise the vacancy and delay decision for 2 weeks in order to potentially get a larger candidate pool. Councilmember Evans second. VOTE: The motion failed 4 -3: Mayor Freed, Councilmember Lamb and Councilmember Evans for; Councilmembers Samberg, Rheaume, Agnew and Deputy Mayor Spivey against. Council cast written ballots for the appointment on the Planning Commission. The written ballot was 6 -1 to appoint David Vliet to fill the partial term appointment for Position No. 5 on the Planning Commission. Councilmembers Samberg, Agnew, Evans, Lamb, Deputy Mayor Spivey and Mayor Freed cast votes for Mr. Vliet. Councilmember Rheaume cast a vote for William Moritz. MOTION: Councilmember Lamb moved to extend the meeting to 9:20 PM. Mayor Freed second. The motion carried 7 -0. 9. New Business a. AB #14 -141 - Consider Approval of Exchange of Property with Bothell Way Apartments /Weidner for the Right -of -way and Easements for Horse Creek /98th Avenue NE Improvements RECOMMENDED ACTION: Consider approval of property exchange with Bothell Way Apartments /Weidner, and authorize the City Manager to execute the Purchase and Sale Agreement, in substantially the same form as presented for Horse Creek /98th Ave NE Improvements. Senior Civil Engineer Ronnie Bennett presented and entertained Council questions. MOTION: Councilmember Lamb moved approval of the recommended action to consider approval of property exchange with Bothell Way Apartments /Weidner, and authorize the City Manager to execute the Purchase and Sale Agreement, in substantially the same form as presented for Horse Creek /98th Ave NE Improvements. Councilmember Evans second. The motion carried 7 -0. 173 City Council Regular Meeting Minutes September 16, 2014 Page 6 of 7 10. Public Meetings Public Hearings, Closed Record Reviews b. AB #14 -143 - Public Hearing to Consider Adoption of Resolution Approving the 2015 -2021 Capital Facilities Plan (CFP) Recommended Action: Adopt the proposed resolution approving the 2015- 2021 Capital Facilities Plan as presented along with the inclusion of Lift Station 3 Improvements (CFP Project S11). City Manager Bob Stowe presented and reviewed the changes incorporated into the CFP from the September 9, 2014 Study Session to include Lift Station 3 Improvements. Mayor Freed opened the Public Hearing at 9:01 PM. No public comment was received. MOTION: Councilmember Lamb moved to close the public hearing. Deputy Mayor Spivey second. The motion carried 7 -0. Mayor Freed closed at the Public Hearing at 9:02 PM. Staff entertained Council questions. MOTION: Councilmember Lamb moved to extend the meeting to 9:30 PM. Councilmember Samberg second. The motion passed 6 -1; Councilmember Agnew dissenting. MOTION: Councilmember Lamb moved approval of the recommended action to adopt the resolution approving the 2015 -2021 Capital Facilities Plan as presented along with the inclusion of Lift Station 3 Improvements (CFP Project S -11). Mayor Freed second. AMENDMENT: Councilmember Samberg moved return to previous practice of providing maps for each section of the CFP: Parks, Transportation and Utilities. Councilmember Rheaume second. Councilmember Samberg spoke to her motion. Vote on Amendment: The Amendment failed 5 -2: Councilmembers Samberg and Rheaume for; Councilmembers Agnew, Evans, Lamb, Deputy Mayor Spivey and Mayor Freed dissenting. AMENDMENT: Councilmember Samberg moved to include the staff report language for the 63/20 method of financing in the CFP. Councilmember Rheaume second, Vote on Amendment: The Amendment passed 6 -1; Deputy Mayor Spivey dissenting. 174 City Council Regular Meeting Minutes September 16, 2014 Page 7 of 7 AMENDMENT: Councilmember Samberg moved to revise language regarding the Main Street Enhancement Project. There was no second and the amendment failed. Councilmember Samberg spoke to the underlying motion. MOTION: Councilmember Rheaume moved to extend the meeting to 9:40 PM. Councilmember Lamb second. The motion passed 5 -2; Councilmember Agnew and Mayor Freed dissenting. Vote on the underlying motion as amended: The underlying motion as amended Passed 6 -1; Councilmember Samberg dissenting. Repo Councilmember Lamb announced that he has been appointed to the University of Washington Bothell Chancellors Advisory Board. Councilmember Evans asked staff to verify that the Existing Conditions report for the Regional Fire Authority (RFA) is posted on the city's website. Adjournment Mayor Freed adjourned the meeting at 9:37 PM. Submitted for approval on 10/7/14 '01 t Approved as presented 10/7/14