MINUTES. City Council Meeting. 7:00 p.m. Mountlake Terrace, WA

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1 MINUTES City Council Meeting April 7, 2014 Mountlake Terrace City Hall 7:00 p.m. Mountlake Terrace, WA COUNCILMEMBERS PRESENT: Councilmember McCardle Councilmember Matsumoto Wright Councilmember Richards Councilmember Ryan Mayor Smith COUNCILMEMBER ABSENT: Mayor Pro Tem Sonmore (excused) STAFF MEMBERS PRESENT: Arlene Fisher, City Manager Scott Hugill, Assistant City Manager Gregory G. Schrag, City Attorney Traci Brumbaugh, Acting City Clerk Ken Courtmanch, Parks and Property Management Superintendent Bill Trimm, Interim Community and Economic Development Director Edith Duttlinger, Senior Planner CALL TO ORDER, FLAG SALUTE, ROLL CALL Mayor Smith called the meeting to order at 7:00 p.m. Councilmember Matsumoto Wright Move to excuse Mayor Pro Tem Sonmore. Recognition of Eagle Scout Aaron Cox Parks and Property Management Superintendent Ken Courtmanch presented a Certificate of Appreciation to Eagle Scout candidate Aaron Cox. He stated that Aaron s Eagle Scout project enhanced Matt Hirvela\Bicentennial Park with a newly constructed and installed wooden monument and bench for a memorial to Matt Hirvela, among other beautification additions to the park.

2 City Council Regular Meeting 2 April 7, 2014 CONSENT CALENDAR Councilmember McCardle Move to approve items a-e of the Consent Calendar. The Consent Calendar was approved as follows: a) Approval of payment of claims totaling $466, for 2014 budget. Additionally, payroll check numbers and direct deposits totaling $471, b) Approval of Minutes of March 13 Work/Study Session and March 17 City Council Meeting. c) Adoption of Resolution of Intent to Participate in Hazard Mitigation Planning d) Appoint 2014 Lodging Tax Advisory Committee. e) Approval of Interlocal Agreement with Participating Agencies and US Department of Agriculture for the 2014 Waterfowl Management Program. The following members were appointed to the 2014 Lodging Tax Advisory Committee: Ayesha Sheikh (Studio 6 Hotel General Manager), Laura Peckinpaugh (Studio 6 Hotel Operations Manager), Carol Brickel (Member of Tour de Terrace Organization), Carol McMahan (Member of Friends of the Arts) and Mayor Pro Tem Laura Sonmore (Chair). Council Liaison Reports Councilmember McCardle said he attended the Community Policing Advisory Board meeting, the Mountlake Terrace Community Senior Center open house and the City Council work/study session. Councilmember Ryan reported on the Arts Advisory Commission meeting, the Library Board meeting, and the Snohomish County Cities (SCC) Executive Board meeting. He stated that he also attended the High School Boys Division All Stars Basketball game, Will Van Ry s retirement reception, the Mountlake Terrace Community Senior Center open house, City Council work/study session, and the monthly City Manager meeting. said that he attended the Puget Sound Regional Council Executive (PSRC) Board meeting, the Mountlake Terrace Community Senior Center open house, the Business Launch Lab meeting, and the City Council work/study session. Councilmember Richards reported on the local fundraising effort for the Oso mudslide victims, the Mountlake Terrace Community Senior Center open house, and Will Van Ry s retirement reception. He noted that the Mountlake Terrace Easter Egg Hunt will be held on April 19. Councilmember Matsumoto Wright stated that she attended the Snohomish County Cities (SCC) meeting, the Grand Peré Bakery grand opening event, and the Snohomish County Tomorrow - Alliance for Housing Affordability (AHA) Board meeting. She reported on the Mountlake

3 City Council Regular Meeting 3 April 7, 2014 Terrace Community Senior Center open house, Will Van Ry s retirement reception and the SeaShore Transportation Forum meeting Mayor Smith stated that he attended the Snohomish County Emergency Radio System Board (SERS) meeting, Community Transit Board of Directors meeting, and the City Council work/study session. City Manager Report City Manager Arlene Fisher reported on Will Van Ry s retirement reception and former Community and Economic Development Director Shane Hope s farewell luncheon. Ms. Fisher stated that she attended the Grand Peré Bakery and the Mountlake Terrace Community Senior Center grand opening events. Ms. Fisher provided a brief construction and traffic update on the 228 th and 44 th Avenue W/Cedar Way Overlay project. She informed the City Council on upcoming events including April Pool s Day, the Michael Wewer photo exhibit at the library, and Coffee with the City. Ms. Fisher stated that the city was in the beginning stages of recruitment for a Community and Economic Development Department Director. She updated the City Council on responses to current citizen concerns. Ms. Fisher answered questions regarding upcoming events. Public Comments Charles Tupper of Mountlake Terrace expressed concerns over the amount of ivy growing along the hillside at the end 238 th Street SW and how it may affect the ground stability of the area. Mr. Tupper asked for assistance to find volunteers to help remove ivy from his neighbor s yard. Stephens Barnes of Mountlake Terrace announced that he was pleased with the information shared at the City Council work/study session regarding the 2013 Fourth Quarter Financial Report and Performance Measures. Public Hearing and Adoption of F/T Zoning Code Ordinance Interim Community and Economic Development Director Bill Trimm provided an overview of the proposed ordinance to increase building height in the Freeway/Tourist (F/T) zoning district. He reported that the existing code allows for up to four stories, however the height can be increased up to 20 stories with credits from the Transfer and Development Rights (TDR) program. Mr. Trimm stated that the TDR market was low and the proposed zoning code ordinance was developed to increase building heights to a more marketable level for the F/T area. He added that these proposed building height changes would come with provisions of public benefit and be mindful of the surrounding area residents. Mr. Trimm informed the City Council about a typo in the current code (adopted in 2010) that was corrected in the proposed ordinance on page 5, MTMC Chapter N. He stated that the letter B was corrected and changed to letter C as reflected in another section of the code. Mr. Trimm explained that a public hearing was held by the Planning Commission on March 24. He stated that the Planning Commission recommended City Council s approval of the proposed ordinance.

4 City Council Regular Meeting 4 April 7, 2014 Mr. Trimm introduced Senior Planner Edith Duttlinger. Ms. Duttlinger provided a map of the Freeway/Tourist zoning area. She said before 2010, there were no height limits for development, no streets required to be built for new development, and there was no requirement for tree buffers on F/T zoned properties. Ms. Duttlinger explained that the current F/T District Code (MTMC 19.60) was comprehensively updated in 2010 to include height limits, F/T design standards, TDRs were adopted, an Environmental Impact Statement (EIS) was issued for regulations and a Planned Action Ordinance (PAO) was adopted. Ms. Duttlinger provided a map showing the six F/T subdistricts. She said that Building Districts C and D are the subject of the public hearing. She identified Building District D as the former elementary school site and she stated that Building District C has highly visible I-5 highway frontage and includes a vacant lot, and the Cinnebarre and Sterling Bank developments. Ms. Duttlinger explained that the current F/T zoning code established subdistricts based on land characteristics, height limit for each sub-district, new commercial road connection for development in the northern part of district, and a tree buffer to separate the F/T properties from the single family zone and includes design standards. Ms. Duttlinger stated that existing code features for Building Districts C and D include a maximum of four stories (up to 60 feet) without a TDR and a maximum of 20 stories (up to 285 feet) under a TDR in Building District C. She explained that a maximum of four stories (50 feet) without a TDR and a maximum of 12 stories (up to 180 feet) under a TDR are allowed in Building District D. Ms. Duttlinger said when the TDR provision for this zoning area was considered, it was noted that the program was complex and relatively new and if TDR credits did not prove to be a viable option, an alternative way to achieve extra building stories would be proposed as a code update in the future. Ms. Duttlinger reported that market demand for TDR s outside of metropolitan areas is currently low. Ms. Duttlinger stated that the proposed zoning ordinance updates were to provide an alternative for additional building stories. She said this could be achieved through special conditions that create public benefit beyond what otherwise would be required. She reviewed the four special condition options including a LEED gold-rated building, an extra low-impact stormwater management technique, a provision of 100 or more housing units of which 30% are dedicated for 12 years to households that earn less than Area Median Income (AMI), and a public plaza. She added that if one of the special condition was met, a development could have up to 8 stories and if two of the special conditions were met, a development could reach up to 12 stories in height. Ms. Duttlinger explained that F/T Building Districts C and D are adjacent to I-5 and close to the Transit Center. She stated that one-story buildings in this area would not take advantage of this unique location. She stated the zoning code amendment would establish a three-story minimum

5 City Council Regular Meeting 5 April 7, 2014 building height for future development in F/T Building Districts C and D. Ms. Duttlinger also showed an elevation map and a cross section of those districts. Ms. Duttlinger said that proposed housekeeping changes to the code includes adding a purpose statement about mixed-use and transit orientation, require sidewalks have a broom finish instead of a float finish, and clarify that solar panels do not need to be screened among other clarifications. Ms. Duttlinger spoke about public outreach efforts and stated that a public hearing before the Planning Commission was held on March 24. She noted that the Planning Commission recommended approval of the ordinance and updated design standards. Ms. Duttlinger reviewed the zoning code amendments criteria including: 1) The proposal conforms with the goals and objectives of the Comprehensive Plan; 2) The proposal must promotes health, welfare and safety of the general public; and 3) The proposal will not create excessive additional requirements at public cost for public facilities and services. She said the proposal meets or will meet each of the criteria. Ms. Duttlinger recommended that City Council adopt the proposed ordinance and updated design standards. Mr. Trimm and Ms. Duttlinger answered questions about the definition, statistical model, financial median number and legal requirements to use or not use the Area Median Income (AMI). They responded to questions and comments regarding clarification of the elevation map, using the regional AMI versus a local AMI, affordable housing versus low-income housing, potential property tax exemptions, a natural fit between the zoning development and the nearby transit areas, building height provides the community more housing units, no limit to building height and zoning buffers prior to 2010, upcoming Alliance for Housing Affordability (AHA) report on city housing profiles and local median income, housing choices near transit for all levels of income, height of the existing building in Building District C, and land characteristics and building heights allowed in the proposed ordinance. City Manager Arlene Fisher said based upon the discussion, the City Council needed additional clarification and information about schematics on building heights, complete definitions of affordable housing versus low income housing, and availability of affordable housing for this area. She suggested City Council open the public hearing and then continue the public hearing to the April 21 City Council meeting. She stated this will allow sufficient time to bring back more information for City Council consideration of the ordinance. Councilmember Richards Move to open public hearing.

6 City Council Regular Meeting 6 April 7, 2014 Charles Tupper of Mountlake Terrace expressed concerns about the density of old growth trees in the 60-foot tree buffer. He stated that he was worried that any buildings over 90 feet would impede his view and privacy. Mr. Tupper felt that the public was not given enough time to respond to the Planning Commission public hearing meeting notice on the F/T Zoning District topic. Stephens Barnes of Mountlake Terrace said he testified at the Planning Commission s public hearing and the City Council work/study session. Mr. Barnes said he was in favor of a threestory minimum in the F/T zoning area as well as building higher in Building District C. He suggested, however, the Council may want to consider lowering the maximum height allowed under a TDR program. Mr. Barnes stated that the City Council should consider using a local salary median versus the AMI as part of the formula for affordable housing in the city to bring it down to a more affordable level for this community. Mr. Barnes said he is fine with the proposal for Building District C, however he believes the maximum height in Building District D ought to be eight stories. The City Council had additional questions, so the City Attorney recommended keeping the public hearing open if the Council decided not to take action at this meeting. Councilmember Ryan Councilmember Richards Move to continue the public hearing to April 21 at 7:00 p.m. or as soon thereafter as orderly process allows. Councilmember Ryan Move to postpone action on agenda item #7 until Councilmember Richards April 21. New Business There was none. ADJOURNMENT Mayor Smith adjourned the meeting at 8:28 p.m. These minutes are subject to approval at the April 21, 2014 City Council meeting.