I'll call the uh city council regular meeting for Tuesday, February the 21st, 2017 to order and ask those who would like to join the council and me and the pledge of allegiance to please stand. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Our first item under special business this evening is agenda bill 7311, the mayor's state of the city address. My fellow citizens, community members, business leaders, city employees, and Isiqua City Council members, I'm pleased to appear before you tonight to present my state of the city address. During my past three years as Isakqua's mayor, many of you have visited my office at city hall. Inside you will find my favorite tool a whiteboard. Along with quotes that inspire me and occasional notes from my grandchildren, my whiteboard consistently features Isiqua's strengths weaknesses opportunities and threats. Mapping out our city's SWAT analysis helps all of us at city hall to see the larger picture, set priorities, and continually focus on what is next. Alongside my whiteboard, however, you'll find two other tools, an eraser and plenty of dry erase markers. Thanks to consistent feedback from citizens, community leaders, city staff, business owners, and regional partners, this SWAT analysis is a fluid, everchanging snapshot of this roadmap for reaching our ultimate vision where we are the best place uh to invest in your future. In a way, this evolving whiteboard represents what makes Isiqua so special. By listening to each other, considering all perspectives, and setting common goals, we are a stronger community. It all comes down to partnerships. Whether through citizen engagement or relationships formed at the regional level, Isiqua's partnerships are essential to our future success. Our history proves this. From the creation of the Isqua Highlands to the recently voter approval of Sound Transit 3. You may ask, what's on your whiteboard today? First and foremost, the state of the city is strong, but challenges remain. Tonight, you'll hear about some of these strengths, weaknesses, opportunities, and threats. And together using partnerships on an individual, group and agency level, we will achieve our common goals. Our number one focus as a community is clear. Tackling traffic. Both a threat and an opportunity. Traffic must be addressed at a regional level. Congestion doesn't stop at our city boundaries. Last November, during a regional transportation summit hosted by Isiqua, we heard a common theme from state, county, and local leaders. We are not alone. Cities surrounding Isiqua and throughout the Pacific Northwest are battling with regional pass through traffic on a daily basis. If you weren't able to attend the summit, here's the Cliff's Note version. Regional problems mandate regional solutions. No single city in our area is isolated and unaffected by any other city. People today and in the future will continue to move between communities to access jobs, schools, entertainment housing recreation and more. As a region, we must work together to ensure our transportation system reflects the reality of our interconnectedness. I'm thankful we have dedicated partners committed to working together on this regional issue. In the first quarter of 2017 this year, technical staff from each city in King County plan to meet, share existing data, and develop a regional arterial network which will help the group identify long-term funding solutions. As part of that effort, I plan to create a regional partnership focused solely on how to relieve congestion along Isiqua Hobart Road. This partnership will include state and county representatives along with several local cities. Our corridor study of that uh uh that road which is currently underway thanks to uh King County's partnership is just one step needed to tackle this consistent headache. You'll hear a common theme tonight. Partnerships turn ideas into action. A great example is the success of Sound Transit 3, which will someday bring light rail to Isiqua. Long-term transportation solutions don't happen overnight. Voters strong support of ST3, however, proved that our vision for planning for mobility at a regional level is on the right track. Light rail, however, won't fix today's traffic congestion. Next month, we will celebrate the groundbreaking of an exciting project which will build a new road connecting East Lake Samameish Parkway to Costco's international headquarters. This significant capital project won't wouldn't be possible without Costco's funding assistance and partnership. This is a great example of how we're working together with local employers to grow Isiqua's economy while also investing in infrastructure. Creating more good paying jobs within our community and reducing the amount of time we all spend in our cars is a win-win. To expand transit service options for residents and employees in two pockets of our community, Squawk Mountain and Talis, Isiqua will partner with King County Metro and local stakeholders this year to develop an alternative services pilot program. Last fall, after significant public input, Isiqua placed a 50 million traffic improvement bond on the ballot. While a majority of Isiqua's voters supported it, the measure didn't reach the required 60% yes threshold needed for approval. It's clear, however, that a majority of Isiqua voters are supportive of making local investments to reduce congestion, enhance safety, and improve our local streets. As a next step, we will be conducting some research to answer everyone's question, what's next? How do we as a community invest in needed infrastructure improvements? As we begin a new year, I always like to reflect on the past. Isiqua has a strong history of implementing smart growth philosophies and our most current chapter reflects that tradition. In 2012, to protect Isiqua's existing neighborhoods and natural environment, the city adopted the central Isiqua plan to guide the long-term evolution of our existing commercial core into an urban center. While this long range plan sets an important vision, it also requires periodic tweaks to incorporate changing conditions. Using a moratorum this year, we pushed the pause button to address several issues before more development proceeds, including architectural fit within the community and availability of affordable housing. The city is continuing its work to develop a housing strategy through analysis and feedback from residents employers service organizations, and builders. The housing strategy will inform ways in which the city can help shape the affordability and types of housing in Isiqua. Our goals is to enhance the city's character and environment while providing a diversity of choices to meet the needs of people who choose to live, work, and play in Isiqua. As we all know, more people will choose the Pacific Northwest as their home in the coming years and decades. We are fortunate to live in a very desirable region, one that attracted more than 86,000 new residents in the past two years alone. Throughout our community, from Facebook to local coffee shops, many community conversations are taking place about growth. Understanding our residents views is essential as we focus on future planning efforts. Speaking of growth, the city is also closely partnering with the Isiqua School District as it plans its future facilities within Isiqua to meet current and future population demands. Now turning back to my whiteboard, a key focus for 2017 is service delivery. The city of Isiqua is after all in business in the business of service. Each of us is dedicated to serving our residents, businesses, and larger community no matter their background. Several planned capital projects on the horizon will target traffic congestion, enhance our parks, and improve our public assets. As we work to deliver these amenities, the city is approaching each project with a focus on continuous improvement and partnership. Now's the time to revisit our capital improvement plan process, which will help better inform decision making as we develop future city budgets. Meanwhile, a focus on crossf functional teams will also enhance our internal project management. Here in Isiqua, we have plenty to celebrate. From our breathtaking natural beauty to Isiqua's inspiring community members, it's no wonder our city is a desirable place to raise a family, build a business, or enjoy retirement. And in 2017, we have another reason, 125th anniversary. In the coming months, look for a variety of opportunities to celebrate our history. From community events to partnerships with local businesses and nonprofits, as we honor our past, we are also focusing on the future. Along with delivering important capital projects in 2017, Isiqua is moving full steam ahead on long range planning efforts that require significant partnerships within the community. We're shaping the vision for our parks, assessing your needs through a healthy community strategy, and reflecting on our shared vision for Oldtown. Each of these efforts will require significant public engagement. From neighborhood meetings to new online engagement tools, further strengthening customer connections ensures we as public servants are providing exceptional customer service. As we recognized earlier this month, our community is preparing to say goodbye to the Isiqua Press, the oldest newspaper on the east side, which will cease operations later this month. The press has told our community stories for the past 117 years. Now more than ever, it is essential that we foster engagement opportunities ensure citizens remain informed about important community decisions that will affect their everyday lives. In conclusion, tonight has personal significance for me. This will be my last State of the City address. After much consideration, I will not be running for reelection as your mayor. While 2018 will be a year of change for Isiqua's leadership, I'm confident our community strong partnerships will ensure a smooth transition. We have an exciting and challenging year ahead and I intend to be fully engaged as we continue our mission to provide quality services that support a sustainable, safe, and welcoming community that is inclusive for everyone. As you will hear throughout our birthday celebrations this year, history happens every day. I'm excited to see what Isiqua's next chapter holds. Thank you very much. [Applause] Next uh we uh we move to audience comments. Citizen comments are an important part of the public process. We take them seriously and factor them into the decisions that we make. Anyone from the public who wishes to comment will have the opportunity to do so. Please direct comments to the whole council, not individuals. While this is not a question and answer session, we will contact you to follow up if needed. If you did not have an opportunity include to include your email address on the signup sheet, you may leave that information on the clipboard at the front table in front of me after speaking. When recognized, please move to the lectern. Speak into the microphone. State your name, address, and any relationship to the city. Limit your comments to five minutes, and submit any written comments to the city clerk. As an aside, we have two scheduled public hearings this evening. uh uh one uh on agenda bill 7215 ninth major amendment to the Isqua Highlands two-party development agreement and the other uh uh agenda bill 7291 to consider additional extension to the temporary moratorum related to certain permit applications. So, uh, those two public, uh, hearings will provide an opportunity if you would like to speak to those two issues. A visual timer has been placed on the lectern. It turns yellow. Uh, when you are within the last minute of your comment period. If you use the full five minutes, the timer will sound to indicate the end of your allotted comment time. Personal attacks, obscene language, derogatory remarks, and disruptive behavior will not be permitted. Uh again, citizen comments, written and verbal, are an important aspect of the public process. The city takes them seriously, and we thank members for the public for taking the time to address us this evening. And with that, I would ask uh the clerk, has anyone signed up to speak this evening? Yes, Lindseay Walsh. Just um my name is Lindseay Walsh. I'm in the Highlands at 176928th Avenue Northeast. Um and just looking further down the consent calendar, I am really pleased to see AB 7331 about the public engagement toolkit. I read it over. I'm really pleased that our community is going in that direction. Um, and I like so many of the elements of that and I just wanted to say thank you for considering it and I hope it moves forward and gets active engagement in the community. Thank you. Thank you. Steve Pereira. Hi, my name is Steve Pereira. Uh, Mayor Butler, I'm sorry it'll see be your last year on the council. you've been actively engaged and involved. So, thank you publicly. Um, so I'm here to talk about two things in part of the general comment section. The first this start of the year I've been kind of thinking about democracy uh not in the sense of democrat or republic and but in the sense of democracy is the engagement of people in the public process. Um, and kind of that light I've been thinking about uh indeed the demise of this the Isqua press. Uh, one of the things I really liked about there was a section that listed all the things that were going on in the city each week and as a way of being engaged and involved. I didn't know if at this hour there's any way for the city to take more advertisement in the paper to expand that section to say things like carry parts of the agenda or the topics as a way of kind of a lifeline to the city of Isqua and the city of Isqua press as a way of staying engaged in that process. If there's any way for that to happen, I think that should be followed up as part of that engagement process. Uh, barring that, I'd like to see if the city could I know the city has you can sign up for different activities and events on in Isqua, whether it's rivers and streams or uh various activities, send out links to active links to uh things like city council meetings and agenda meetings and active links to engage people in the process and not have to make us go to the website and find and look for the things, make it more apparent and transparent. uh of course and I'm sure all of you up in the das are aware of this the announcement or the appointments of various city councils will be various city committees we made later this year anybody in sound of the my voice or my presence might be seeing this please take this opportunity to be engaged and uh participate in the process uh the second activity I wanted to talk about is uh item G in the consent calendar which is uh docket of comprehensive plan amendments And uh in that the policy planning commission has been looking at eight of the 17 activities with the remaining nine seven nine of 17 activities being deferred until next year. Uh which to me is a shame. This is really kind of the blueprint and of who we want to become as a city and we're not even looking at the first half. Uh I think a lot of those things that we're not even talking about this year have direct bearing on things like the zoning or not zoning but on the u developmental moratorium that we need to look at like the transportation and the uh we talked about the green necklace or uh tree canopy. I think that should if anything be expanded to talk about wildlife zones. Uh I'm not trying to talk about those things here. I'm just referencing as another example, let's say the Bergsma property where we talk about the city talks about wanting to retain a 50% tree canopy. We're going to be losing an awful lot of trees uh or tree canopy with that and that seems to be in not in compliance with where we're wanting to go as a city and maintaining. Um so I would look at more whatever needs to be more staffing more time to develop that uh comprehens not comprehensive plan the uh comprehensive plan amendments before we do things like lifting the moratorum because we're not putting those things in the correct order for them to happen develop the plan and then developed in accord to that plan. So please go back and uh review that. Other than that, I'll reserve any other comments for the moratorium until a little bit later. Thank you all. Thank you. Julie Adam, my name is Julie Adameck and I live at 1667 24th Place Northeast up in the Highlands. And I'm um simply just here to say how thrilled I am that you are considering more affordable housing. I would be the first person on that list. Um I work for the school district and um I have lived up in the Highlands for many years and um I'm just here to say I'm watched the last two videos the meetings that you had online but wasn't able to make it. I was actually kind of surprised there weren't more people in attendance in support of that. But I just want to make sure I came and let you know that I was really happy to see that that it's being considered. Um whether was it tracked D or the other one down by the um bus bus bus station I really have no preference but um I'm mainly wondering what I'm wondering about that I guess would be for Polygon what the price is if there's any kind of price point what affordability means um at this point if that's even um known. So anyway thank you. Thank you. No one else has signed up to speak. Is there anyone desiring to speak who has not uh signed up? Anyone desiring to speak? Yes, sir. Uh good evening. I thought I had signed in, but perhaps there is a uh Sorry. Did you sign in for the uh one of the two public hearings? Yes, I did. Okay. Well, where that comes later in the agenda? I'm jumping the gun then. I will withhold my comments until that time. Yes, sir. Thank you. Uh is there anyone uh else desiring to speak who has not signed up? Third and final call. Anyone else? Seeing none, then audience comments are closed and we'll now move to committee and regional reports. Uh beginning with council member Batis. Thank you, Mr. Mayor. Uh on February 15th, I attended uh my first King Conservation District uh committee uh both the caucus and the committee meeting. And of note uh in a very long sort of overview and introduction program um was the member jurisdiction grant program. Um, and we got a chance to view the the new online application portal and the dedicated pages to the member uh organizations and they've really done a lot of work to make that whole process much easier and I just want to make sure that we are all aware of that. So, I'll I'll definitely be wrapping around uh with some um staff members to talk a little bit more about that. The next meeting uh is March 15th in Reon. I also attended the uh economic development uh council uh board meeting. Well, first was an orientation so all of the new members could meet each other and then we'll have our first board meeting on February 28th. And that concludes my report. Thank you. Thank you, Council Member Ramos. Thank you, Mr. Mayor. on um February 8th, I attended the emergency management uh advisory council and I have no report from there. Uh on the 9th, just to say I went to my first east side fire and rescue meeting. I'm an alternative alternate member this year. Uh so I'll let someone else report that, but I just want to say I'm going there now. Um on the 10th of February, I was the East Side Transportation Partnership and a couple things happened there of note. Uh one of which, uh you may remember I'm on the legislative committee there. Uh I also now got drafted on the planning committee there. So I'll be helping set the agenda for the year for that. Uh but they had a presentation there I want to let everybody know about. Um there was a council member from Maple Valley uh who is proposing a transportation benefit district for southeast King County. And all the details get very very detailed, shall I say, but I'll give you a quick little overview. The area would start at Isiziqua's southern border and go south from there and bounce down to Reton. So that southeast corner, King County is what they're looking at. This is and I say just just a proposal. Maple Valley has taken the lead on it and they are uh trying to com uh include three other cities, Coington, Black Diamond, and Enimclaw as well as all the uh King County area in between. Um, and their proposal is to put together $250 million and and to do that by having a $30 uh license tab fee and that would raise 20% of the funds and to get the other 80% from other grant sources. And they the proposal is to spend those $250 million on four projects. 180 million of that would be on Highway 169, which is a major one in and out of there, of course, 46 million on Highway 516, 20 million on Highway 410, and interestingly enough, 4 million on the Isqua Hobart Road, a couple roundabouts. So, they are just starting that process. They're going kind of taking it around, letting folks know what they're doing. They have a lot of work to do to get something like that put together. Um, but let you know that that's that's what I know at this point in time. It'll be interesting. Um then on uh let's see coming up on the 22nd tomorrow uh will be the uh infrastructure committee meeting and I'm starting as a new chair on that uh this year and on the agenda on that is uh four major topics. Uh first one is uh complete streets and we'll be looking at what projects are going to be done completed this year in the complete streets program of the money that's already in the budget. So we'll be deciding that. Second one is uh agenda bill 7308 and that's uh starting the to look at improvements on Gilman Boulevard. It'd be just a start of doing the survey work to start getting the the base information so we long term we can make a plan for that boulevard but now it's just starting to gather the information. Um both those are coming back to the infrastructure committee. Um a new one that is starting uh is the uh question uh and it's just up for discussion. The question on the uh traffic coming in Oldtown East Sunset area. So that's discussion will be starting um there. No decisions on that. Uh the last one is also coming back to infrastructure. It's the AB 7249. It's discussion of of the creation of a transport transportation mobility board and that's coming back with some further discussion and see where that goes. Uh again, not planned for a final decision on that either. Um and then project updates. Another thing we'll also discuss is the March meeting is going to be moved because of conflict with that dates. That'll be decided tomorrow night as well. I'll let you all know that. So, but that will be moved in March as well as this one tomorrow. It has been moved from last week. And um then also on the 23rd, I'll be attending the uh regional transportation uh regional transit committee. Um two major things on that agenda. Uh again stepping into the program of work. They're looking at how to guides to develop their service and capital decisions and looking at the main problem of how can they expand their system when right now cap infrastructure and capital is one of their limiting factors such as they don't they need another bus base if they want to add more buses. They're at capacity. Those types of things and those are major decisions and how to how to make those and and move on down the road with those. Uh, so that's what we're going to be working on a lot this year. And, uh, that concludes my report. Thank you, Council Member Winterside. Thank you, Mr. Mayor. The, um, the only committee I'm going to report on is next Thursday. There will be a meeting of the Puget Sound Regional Council's Growth Management Policy Board. The agenda for that has not yet been published. However, I do know that we will be talking about the new regional centers framework report that was released last week. Uh, and I've been kind of um letting you guys know kind of the process of that that becoming available. We're going to have some discussions about this. The uh that um regional cent's framework update um will likely have an impact on Isiqua and uh the the policy board is aiming for um the July time frame to make a recommendation to the executive committee. So, we have a couple months but um to to decide as a council and as a city uh you know what direction we'd like to see any changes take. Uh and I was encouraged I I liked what I just heard about the TBD down south and Mr. Mayor you talked about the the the new committee to regional traffic requires regional solutions. That type of partnership I think is in the spirit of I think that type of changes uh I think we're going to be discussing in this city when it comes to uh regional centers framework. That concludes my report. Thank you, uh, Council Member Mars. Thank you, Mr. Mayor. Uh, the Council Services and Safety Committee met on, uh, February 8th here in City Hall. Uh, I'm sorry. Sound Cities I get my two committees mixed up. Sun Cities Association Public Issues Committee met on February 8th in Reton City Hall. And there were no action items other than housekeeping related uh, items. There was a discussion uh of no uh we noted the uh GMPB's uh evolving uh uh interest in perhaps changing the way urban center uh urban centers are designated and uh u eager to see how that how that might potentially affect Isiqua. Uh and then the sound city the services and safety committee met on February 14th. Agenda bill 7282 was the arch 2017 proposed work program and budget. Uh that was uh recommended action 3 to 0 in favor of moving forward to the March 6th consent agenda. Agenda bill 7283 was an arch related uh trust fund bill and that was also moved 3 to 0. Uh we had an opioid use report which was very informative. Uh and if anyone's interested now that we have committee uh meetings televised, I would encourage folks at home to take a look at that report that David Fujimoto uh presented. Uh additionally, SCA is planning on having I believe for the May I believe it's the May pick um we're going to have the prep meeting on opioid use and its relationship with property crime. And then we also had a senior center update and the transition thus far has been uh very smooth. Jeff Watling uh told us about uh uh the programs uh that are in place and that uh initial reports back have been very positive moving forward. Uh both folks who uh had been involved and folks uh who had recently returned to the senior center. This concludes my report. Thank you. Uh Council Member Barber. No report this evening. Council member Paulie. Thank you, Mr. Mayor. I attended the Cascade Water Alliance Resource Committee meeting on February 9th at their offices in Belleview. They reviewed a few contract bid offerings um for recommendation for board approval. The board meeting is this week. They also had a discussion of the water quality management work plan that has been developed for uh Lake Taps. Um there was a new policy uh proposal that will also be going to the board on how Cascade will uh deal with property acquisitions going forward and notifying the board at various stages through those processes. There was a the probably the most interesting issue um for Isiqua was that there is a draft policy that is going to come forward regarding how reclaimed water is used within the Cascade Water Alliance Service District. This is uh an issue that I'll probably be able to provide more information on in the following months. Uh the EHER board meeting was on February 9th at Ephera headquarters. Uh the first item up was an introduction and recognition for the staff of the finance and human resources department. Uh they completed a year of installing their new financial software and now are down to their new platform only. We had a new formalized warrant review process that the board approved and then the fire chief reported out on a uh benefit summary of healthc care benefits and an update on the POS property. uh POS impacts to the headquarters property. Uh potential bidding opportunity to the Snowquami Fire Department to get the equipment maintenance contract and also provided some information about the firefighters benevolent fund program to provide life jackets at var three lakes in the area lakeish, Pine Lake, and Rattlesnake Lake. That's my report. Thank you, Council President Goodman. Thank you, Mr. Mayor. The land and shore committee meets on March 2nd at 6:30 here in council chambers. Um and uh as uh council member Marcus noted the committees are televised. So I encourage people to watch. On the agenda for that meeting um we have a standing item moratorum update. Uh just a few minutes to discuss any um updates that there might be. Agenda bill 7317 vertical mixeduse analysis uh for discussion only. um which uh will be getting some feedback and then it will be going on to the work session uh planning policy um uh commission back to Landon Shore back to city council. So it's just one of the public touch points. Agenda Bill 7270 uh the 2016 uh comprehensive comprehensive plan amendments. We are continuing to work on those. hope to uh get that back to the full council with a recommendation after Landon Shore agenda bill 7330 which is 2017 docket of comprehensive plan amendments. We will be discussing the list of items that will be um moving through the um amendment process this year. And the last item for discussion only is a sustainable building action strategy. Uh this was a council goal. Uh we last discussed this at our November work session and we'll get an update and then it will be going to a work session and then uh back to city council in May. That's my report. Thank you. Uh there will be an executive session held this evening for the purpose of discussing property acquisition per RCW42.30.110 pernb and collective bargaining per RCW42.30.140 30.140 per N4. These items are expected to take approximately 70 minutes. Action is anticipated to follow in open session. I'm pleased to announce that the city of Isiqua was recently recognized as a storm ready community by the National Weather Service. This recognition uh uh is uh thanks to the hard work of our emergency management staff uh who help our community prepare for emergencies and disasters. For more information on how to prepare, go to isuawa.govm. Following recent events on the national stage, I want to reassure our community that nothing has changed here in Isiqua. Our community as always is welcome welcoming of all people. As your city government, we welcome all people and ideas with the belief that we are smarter and stronger when we join together. Similar to several sanctuary cities throughout our region and nation, Isiqua uh has always provided services and enforced the law equally, fairly, and without discrimination towards any individual or group, regardless of immigration status. Importantly, our Isiqua Police Department is committed to providing law enforcement services to the community without regard to racial, cultural, or other differences. As your local government, we are ensuring that all staff have clear direction not to inquire about immigration status when interacting with our community. We want all members of the community to feel safe. Uh uh uh yes and secure uh when interacting with our officers, accessing city services, and engaging with us. If you or your family feel unsafe or need assistance, or if you see harassment or hate crimes in our community, call 911 immediately. We will always be a community that embraces diversity and welcomes all viewpoints. Thank you for your support in keeping Isiqua a safe community for everyone. And that uh concludes the mayor's report. Uh sorry for that stumble on the last topic. Uh we'll now move to the consent calendar and I would ask if the accounts payable and payroll uh dated 21 February have been reviewed. Yes. Yes. Uh with that I would ask the clerk to read into the record the consent calendar. The consent calendar was distributed to council in advance for study if authorized. Council action will occur by single motion regarding the following items. Item A seeks approval of the accounts payables and payroll of February 21st. Items B and C seeks approval of the minutes of the city council regular meeting and special meeting of February 8th. Item D, AB7276, King County Conservation Futures Tax Levy 2018 grant seeks to authorize submittal. Item E, AB7292, Northwest Dogwood Bridge replacement seeks to accept project and release retainage. Item F AB7324 lodging tax advisory committee annual appointments seeks to confirm. Item G AB7330 2017 docket of comprehensive plan amendments seeks referral to council land and shore committee. Item H AB7331 public engagement toolkit seeks referral to council services and safety committee. This concludes the reading. Uh thank you. Does any council member desire to move uh any item on the consent calendar to regular business for separate consideration? Seeing none, then council president Goodman, I would move to adopt the consent calendar as presented. Second. It's moved and seconded. Uh all in favor signify by saying I. I. Those opposed. That carries unanimously. Moving now to uh uh item eight on our agenda, agenda, public hearing. Uh the first agenda bill 7215, the ninth major amendment to the Isiqua Highlands two-party development agreement. Uh-holy Northwest requesting major modification for transfer of development rights. Uh the the comments that I offered uh earlier uh for uh audience comments uh uh uh are still in effect. Uh we appreciate those coming to uh uh to speak uh at this public hearing. When recognized uh again come to the lectan, state your name, address, and any relationship to the city and you have five minutes uh to speak. The yellow light comes on when you are with uh within a minute and uh uh uh if you have written comments uh you can submit those to the city clerk. Uh with that uh I will open the public hearing at uh 7:47 and uh we'll kick things off with a a brief uh let me see a a short presentation by Keith Nan, our director of development services. Thank you Mr. Mayor, city council. Um Keith Nan, director of economic development and development services. So uh this evening is a continuation of the public hearing um for the ninth major amendment to the Zqua Highlands development agreement. Um and I'm just going to quickly go through a summary to get everybody back up to speed because it's uh it's been a month um since we talked about this last. So, the proposal is to add 100 transfer of development rights to Isiqua Highlands and specifically uh it's to property that's owned by the applicant Polygon Northwest. And to give you all, um some orientation on this map, you can see the Safeway. Here's the Highlands um drive and 9th Avenue coming down the hill. Swedish sits down here. Um, this is Discovery uh Drive which leads out to West Highlands Park and Polygon owns property north of Discovery and south of High Street. Um, want to kind of go through this really quickly. get some numbers and and I don't want to spend too much time here, but I think part of what's important here is to talk about kind of the history of the entitlement in Isiqua Highlands um and where we are today versus where we started back in 1995. So, the original development agreement had 3250 residential units, 2.95 million square feet of commercial, and 425,000 square feet of retail space. Um the first amendment included um some preserved uh property called Mitchell Hill. This was transfer of development rights from King County into the city and it included 500,000 square feet and it could be either used as retail or commercial space. Um the second uh thing that that changed the original numbers was the development agreement had a provision which allowed the master developer to increase the number of residential units by up to 700. And what that meant was that the commercial square footage went down by 1,200 square feet per one residential unit which was the conversion which equals 840,000 square feet for those of you who want to know the math. Um then there was an additional 500 residential units that were added as part of the washd development agreement. Um so before this proposal tonight the numbers currently as they sit are 4450 residential units uh 2.11 million square ft of commercial space and approximately 925,000 square feet of retail. And that's assuming that all of this 500,000, which could have gone either as retail or commercial, is likely going to pan out as retail space. It's not built yet. The owner could go either way, but it's most likely going to be retail because it's owned by Regency Centers and um Shelter Holdings. Um so then what we have here is uh this line in the chart which is 100 residential units which would then bring the totals to 4550 2.11 and 925. So this chart down below is important as well because with the washd development agreement we actually added property and additional entitlement to what most people consider to be isqua highlands. So, track D, and you heard some discussion about that earlier tonight. Um, that is a piece of property owned by the city, and it's slated for 50 affordable housing units. It may not get that many, uh, but that's, uh, what it could, um, uh, be entitled for. Belleview College has 372,000 square feet of institutional use. Um, our hope is someday we'll get a some sort of branch campus out there. Um, Ichi Joe purchased 60 uh units. They only built 35. Um, and then Bernsteads purchased 40 units. So, this is without Swedish. Swedish is a separate thing, but here is basically the entire entitlement of the Highlands um with um the wash out development agreement. So, in summary, oh, I left it. Sorry about that. Um, so the 100 TDRs were left over from the city preserving Park Point um as permanent open space and I left out an IMC reference. My apologies. City's TDR code identifies Isiqua Highlands as a receiving site. Um, that's done by a map. Um, the TDRs may only be used if their traffic impact is fully mitigated and that's uh from the SEPA DNS decision 17-1. The applicant and the administration have discussed 30% of the TDRs being affordable. Um, and the proposal was reviewed by the Urban Village Development Commission and the UBDC recommended approval with conditions on the 6th of December. And then we received three letters recently um, and I want to make sure that they were part of the record. I believe you all got them. There was a letter from Forterra. There was a letter from the master builders. And then there was a letter from um the attorney representing the applicant. So that concludes my brief presentation. I'll leave it there. Thank you. Lack of better choice. Keith, uh we will reserve discussion and questions after those desiring to uh uh speak at the at the public hearing. And with that, has anyone signed up to speak? Yes, Nicholas Bratton. Welcome back. Thank you. Uh my name is Nicholas Bratton. I represent Fortra. Address is 901 Fifth Avenue, Seattle, Washington. Uh thank you very much for the opportunity to speak tonight, mayor and council chair and members of the city council. As a quick introduction, Fora is a regional sustainability organization created uh or dedicated to the protection of the great landscapes around our region and creating great communities for our people to live in. Um having had a role in designing the city's transfer of development rights program, uh we want to see it used as intended. Uh from our perspective, it's encouraging to see that there is an applicant that that and that there is demand for the use of this tool. At the same time, we appreciate that this single decision is a small piece of a much larger issue. How does the city want to look and feel and function moving into the future? We also appreciate that the priorities of Isiqua today may not reflect those that the city had 10 or 15 years ago and that the city is a different place and continues to change. So my question is, is there a way to make TDR transfer of development rights work that strikes a balance between the current needs and desires around growth and programs and regulations created in a different environment? I've seen firsthand the consequences of local government creating exemptions for transfer of development rights at the moment when it's poised to work. um the the result has been major setbacks for for growth management and for certainty or rather creating uncertainty in the regulatory environment. I don't have time to get into it here but there is a potential opportunity for the city to explore around infrastructure financing. Um this is a the topic of infrastructure has come up in in many of the comments this evening and there is a tool that is available for the city to pursue um that would create access to new sources of financing for infrastructure and public improvements as a financial incentive for the city to use transfer of development rights to a greater extent. Be happy to discuss that on an individual basis or at a future time. Um but one option might be for the city to consider is allowing the use of transfer of development rights in this particular instance and then modifying or updating its transfer of development rights program in such a way as to incentivize growth in places where there is greater need and desire for it such as the central plan area. So, as you weigh this single decision in the broader context of the city's growth, uh we urge you to support the integrity of the transfer of development rights program. Thank you. Thank you. Jennifer Anderson. Good evening, Mayor Butler, City Council. My name is Jennifer Anderson. I'm with the Master Builders Association. Our office is located in Belleview, um Washington. I'm here to testify today on the city's transfer de development rights program as it pertains to the two party development agreement up for consideration this evening. There's been a lot of um time and effort put into this development of the TDR program both locally and regionally. And by not identif by not honoring the identified receiving areas, you're undermining the concept of the program and the viability of its future. I think it's important to note that the master builders association is here tonight and um as well as for terra where we're often on two separate sides of issues we've come together because it's important this program is very important regionally um the public benefit of pre permanently preserving the 140 acres of forested land in and around the city has already been realized. This massive conservation effort could not have been achieved without the TDR program. So, I encourage you tonight to adopt the amendment and show the city's commitment to the TDR program and permit promote its use and viability in the future. Thank you. Thank you, David Kappler. Uh, good evening. Thank you. Um, just one clarification on the um homepage of the uh city today, there's the agenda bill. There's a link to the to the original agenda bill, but not the agenda bill that was updated. So, people that are saw that um wouldn't see the whole story about the three uh uh reasons the council committee recommended denial or the actual proposed motion by the committee. Um but going on from there, um I'm concerned about um what we're talking about tonight. Are we just talking aboutund 100 units with 70 and then 10 10 and 10 for three different levels of uh affordability? Are we talking about 130 units? So, I'm hopefully I'm here to support the hundred in in the area of the um Northwest Ridge area east of N west of 9th Avenue. Um, I worked for I'm sure it's been over 30 years on park getting a park point acquired and the transfer of development rights issue with that was critical and it's going to be critical for some other things that are potentially happening on East Cougar Mountain and other areas. some of which are outside of the city but are included in the city's agreement with the county about transfer of development rights. Um, if we're going to the 130, I think the math is incorrect. If there's going to be 130 dwelling units, then 39 of them should be in fit into the affordable and 13 and 13 in the three different uh deals. Also, I disagree with the um calling a group home equal to five dwelling units. I don't think if that now if we're just that doesn't all apply if we're not talking about the um the parcel to the east, but if we're just talking about on West Ridge 100 units 70 10 and 10, I support that. Thank you. Thank you, Steve Pereira. Hi, Steve Brerrera. I don't think last time I said 170 Northeastwood Street here in Isqua for nine years. Uh, I also am one of those going by outdated. I didn't have the current information that David Kappler referenced, so my apologies for that. Uh, I very much like the idea of affordable housing and want to say very much I support the TDR uh of this. I just don't know that I'm still seeing the proposed site as the best site for single family homes for affordable housing. I'd like to see some other place for those 30 houses not on that lot. I I just wonder if there's some way to tweak that proposal that would still allow the TDR to happen but just not in its current location. I don't know if there's some kibbits in between the city and uh the builder. I very much like the 140 acres park point that got preserved. I want to honor that TDR. I just want some more another opportunity or another way of doing that before saying yes. Thank you. Thank you, Rose Finnegan. Good evening. I'm Rose Finnegan. I live at 24601 Southeast 165th Street, Isiqua. I'm a founding member and board member of Lifeen Enrichment Options. I'm here tonight to support Polygon Northwest in their request for building additional homes in the West Ridge area. To me, it's kind of a deja vu experience. I was here 15 years ago when Polygon Northwest maybe a few different players built our home not far from here. And this home really became a ray of hope for parents in Isiqua as well as in many other communities. We have provided information to many parent groups throughout the state and some have been able to follow the example and build adult family homes in their communities. Our organization is proactive in providing young adults the opportunity to live as independently as possible before a family crisis or happens. Today, 76% of people with intellectual or developmental challenges live with their parents. Many are in families with older parents. In King County, there are 800 individuals ages 30 to 50 who have challenges and are living with aging parents. And soon we'll need access to secure supportive housing. In our community, we have a list of 20 interested applicants for our next adult family home. And each year, the high school transition program graduates 20 people with special needs. Granted, all of them may not want to live in an adult family home, but a significant number will need this type of care. The need for housing in the community is being driven not only by the extended lifespan of these people, but by the fact that the state is downsizing the institutions and closing them. When that happens, there will be no safety net for those whose families can no longer care for them. Where will they go? Will they be homeless? The problem is not in the future. It is now. There is a shortage of housing now. Well, we can't solve the state's problem. But if each community could take care of their own, it would sure help. Isiqua is a model for many other communities in how a responsive and caring community addresses the needs of people with intellectual and developmental disabilities. And I thank you from the bottom of my heart. Without you, we would not today be operating three adult family homes, each full, with five residents. and some of their parents and residents are here tonight to show their support. We are very excited that the new development in the Highlands will provide the opportunity for the possible inclusion of a new adult family home. Thank you very much. Thank you uh very very much. Rose, no one further has signed up to speak. Is there Yes, please. I'll be pleased to start this segment of the comments off. My name is Dwana Koskova. I am the attorney for Polygon Northwest and I uh previously submitted uh written materials to you uh earlier this week as well as prior to your uh hearing in January. Written materials at that time as well. I would like to clarify uh one very important consideration uh to the council which is that these are not proposed TDR uh TDRs that the council is looking at. The city has issued a TDR certificate for use of these TDRs at this site under the existing TDR program. Polygon submitted its application for amending the development agreement in order to ensure that this council has the opportunity to address the specifics of TDRs under the development agreement provisions and to ensure complete transparency to the public as to what Polygon is proposing for this particular site. This application, however, is not a legal or appropriate venue for the council to reconsider the TDR program policies or as a referendum for on the already legislative legislatively adopted receiving sites which include the rest west property. The council made its policy determinations under the TDR program years ago and the council respectfully is legally committed to acting in a manner consistent with that program. The public benefit that this city has derived from the TDR program is unquestionable and you've already heard about it tonight. The city used this very program to pres preserve the 101 acre Parkpoint property in perpetuity. And that significant conservation effort relies on the social contract that this city engaged in with the purchasers of the TDRs and to that provided for the relocation of the density from the Parkpoint property in a manner consistent with the adopted program. As a result, again, this development agreement process is not a forum to reconsider receiving sites or the TDR program policies. Beyond the council's legal obligations, we urge the council to consider the ramifications were the council to take away Polygon's rights to use the TDRs on the West Ridge property and the reality that doing so will seriously jeopardize the critical regional nature of the TDR program itself. In the future, if this TDR program is not supported, potential TDR users will have no choice but to question the reliability of this program by looking at the track record of the city related to how it has administered the program here today. Conversely, owners of potential future sending sites would equally have to be questioning the viability of this program. The significant public benefit of this program is reflected to you tonight in hearing from organizations which s with such diverse missions as both Masterbuilders Association and Forra. It is rare to see these organizations come together in such a clear consensus. Recognizing again that significant public benefit of the program as a whole. You heard tonight extensive conversation by uh the mayor in his state of the city urging partnership and that's exactly what we ask from this council. Polygon fully committed to the TDR program from day one. We ask this council to as well partner and provide that same commitment to a program that the growth management act terms a critical innovative tool essential for the city's long-term planning. We urge you to please approve the amendment to the development agreement. Thank you. Thank you. Yes, sir. That's good. Good evening. Uh, good evening, Nick Abnor, Polygon Northwest. Uh, I've been before you uh several times. Thanks for your time again this evening, mayor and counsel. Um, I'm not going to get into the weeds. I'm not going to reiterate what everyone said. Um, but I think what's at the heart of the matter here for Polygon and for the program is what is fair and equitable. Um, we clearly just want to be treated fairly and equitably. Um, you know, I look back at the recommendation of approval and denials that have been drafted for this evening. And, uh, it's rare to see several approvals from the administration and committee um, in a denial recommendation. Um, what I do want to do say is I I keep falling back to the city's website. Um, under the fourth paragraph, I mean, this was a city initiated uh development agreement. This wasn't a private sector, private citizen. This was at the time the governing body providing policy and wanted to achieve something great and in this term once in a lifetime. Um, we happen to own the last 100 TDRs that created this and we're just asking for you to realize what was agreed upon and for us to utilize them in what is currently a receiving site. I sympathize greatly with the new council members um and also a re-election coming this fall and that there are different concerns in today's environment than were 20 years ago when the development agreement was drafted, let alone in 2011 when this development agreement was drafted. Um so definitely appreciate the concerns from the public. Um but this program doesn't get utilized and if in this case you choose not to allow it to work um it does have ramifications uh beyond the city of Estquanda King and Snow Mission to Pierce County. Um so with that being said, community benefit timing, evaluation location um if the agenda bill before you, um which includes affordable housing is something that the council is not comfortable with. What I would ask you to do is to delineate the 100 TDRs tonight and to ask the administration and staff and Polygon to revisit the affordable housing proposal before you. To me, that's as equitable as it can get, allowing the 100 TDRs to be received, to be utilized in the form and fashion they were always intended for. And if the land and shore committee uh and or council would like to see a different proposal um whether it be on city land or not on city land, I think that's something that needs to be discussed. U but denying the use of the 100 TDRs is a cause for great concern and at the end of the night, we're just asking for fair and equitable treatment by the city council. Thank you. Thank you. Is Yes. up to you. Thank you. Uh Lindseay Walsh. I live in the Highlands. My address is previously. Um this is a difficult subject. You know, it it's something where yeah, if we had been able to make that designation of a receiving site many, many years ago, I'm sure we would have done it. Maybe this needs to be something where we say, "Hey, when we're looking at receiving sites in the future, let's make sure that they're in the areas um where we want that building to happen." Um when it comes down to it, being able to have another Leo house, being able to have more affordable housing is beneficial. And gosh darn, if there's a way that we can get that down by the um park and ride, it's absolutely beneficial. But to not be able to do that and say no to the TDRs, I would say would be a shame for us. And it's a difficult situation, but hopefully we can at least get more of the things even if they're not in the place where we would like them to be. Thank you. Thank you. Is there anyone else desiring to speak? David, are you uh leaning forward? Nope. Anyone else desiring to speak? Third and final call. Anyone desiring to speak? Seeing no one, then uh we will now move to a discussion and uh questions. Close. Uh I don't want to close it unless if there's if it's so sure they only get one. went by that itself. Time for questions. Time for questions. Keith is here to answer questions. Keith is moving to the microphone. Keith's going to do his best to answer questions. A question. Go ahead, Stacy. Keith, can you put up the numbers that you showed again please? Um, so we talked in Landon Shore about the numbers and um, I'm not sure that I see that it up there, but when you're talking about the specifics of the wash entitle DA entitlement usage, um, the understanding that we had from Landon Shore is that um out of the uh what's left is 23 u 23 units. Is that right? So the units um the units that are left are basically um so if you if you do the math here there's 25 but then polygon actually took one of these and built it on a piece of parcel three um which I didn't even represent here because it was one unit. So, so there's I believe there's 24, but 23 whether it's 24 or 23. Okay. Um somewhere in that vicinity is the number of entitlement that to date. Now, I want to I want to make sure everybody's tracking on that detail. So, there's sold entitlement now that's not built. Um there's a hotel site up there. Sumitomo owns a piece of property. Shelter Holdings owns a piece of property. Um, Polygon owns a piece of property. They all have entitlement that's not built out yet. Um, so of the properties that are built out right now there's 24 or 25 units that were not realized. Okay. So, when you're talking about maximum density under the Isqua Highlands development agreement and you take into account original entitlement under the DA, um, Mitchell Hill conversions, wash. DOA um the what's what's left over before we get to max buildout I'll say under the original plus the add-ons anything we've changed is 23 right so the delta between what's currently either built or owned by a property owner and what's been approved through the entitlement process is 23 24 residential units and I bring that up because the um because we didn't have that number up there I wanted the council members and the folks who are watching and here and and here today to understand uh where those um where the where the remaining number is for residential units. Yes, welcome. Thank you, Mr. Mayor. Um so the transfer of development right program, this maybe is more of a general question. I mean that we're actually that's not what we're voting on tonight. We're voting on a development agreement. Yes or no? A change to a development agreement? Yes or no? But the Isqua Highlands is a slightly different animal than other parts of the city in that it doesn't really have a zoning layer right now. It has entitlements and there were supposed to be a certain mix of things um up there. And if I'm understanding it correctly, build out was 24 more homes. And that that leaves over whatever the remaining parties that are entitled to build some homes. What was left over without upzoning or densifying was just 24 but the ask in the development agreement is to go beyond that. Um, so yes, but what I would the way I would describe it is so there's zoning capacity and there's what's currently built and those are at different levels. The the property and what's in the development agreement in terms of maximum buildout includes things like eightstory buildings and you know 80 units per acre. uh nothing is built to that level of density within the development agreement. But in terms of the entitlement that's been approved by either this council or previous councils and what's out there or currently owned, the delta's like 24 units. Okay. Yeah, makes sense. Keith, is that tw you explain that one more time to me? is there were 24 units after after this is all completed if this project goes forward and there will only be 24 additional units residential units. So, so if so if if if all the property owners that currently haven't built yet build out their maximum entitlement, so what they bought from the master developer, the only thing that's left are is the is 24 units left over from this one particular property. So, they bought 60 and then um they ended up doing a design for their property and they they wanted to actually only build 35 because they felt like that better fit the market. So, that's the only and that's why it's included here. That's the importance of this particular line in the chart is that's the only kind of unused residential units up in the Highlands. But some of the other do the the other um units available have not simply been built on. They've been committed for but not built on. Okay. Yes. And then when this is completed there will be 24 or whatever it is left to be built on. Yes. Thank you. No. Well, there's 24 plus whatever might be left over from those other built building projects which could be zero or it could be some. We don't know. Right. So, if we were going to build out residential units, how many how and what's unaccounted for now? How many? So, right now there's um there's three residential units that shelter holding zones on land. That's That's right here. Um and then there's I believe somewhere in the ballpark of 230 units. No, not not built yet. What's left to be accounted for? So none. 23 or 24. 23 or 24. Right. Everything else has been sold. Right. So So just to make it clear, what this what Polygon would like to do is to have a hundred and there's 23 left. Right. So if the proposal was was approved, then we would be over by 77 for what was envisioned and included in conversions and whatnot for the school islands. Does that make sense? Okay. Okay. Questions. So let me let me ask a question. Uh I hear certified and uh how many have been certified? How many how many TDRs have been certified? Um, so all of the ones from ParkPoint and one Hey, so in other words, um, besides if you took ParkPoint off the table, our TDR program has actualized one TDR, um, and it was within the rally development. Okay. And so the difference between certified and uh uh and others. Jim, do you want to comment on that? Mayor, are you asking about TDRs that have been certified as being taken off of a property or are you asking about TDRs and where they are supposed to go? Where they're supposed to go? I mean, my understanding of the city's TDR program is that the TDR certificate says that a um that a particular property has a certain excuse me that TDRs have been taken off of a property. I'm not sure that they specifically provide that they are going to a specific site, but I heard Ms. Koshkova say during her testimony that this particular TDR certificate somehow allocates these TDRs to this specific site. And that's the first time I have heard that. So if if you do have that, thank you for the opportunity for clarification. Um, the TDR certificate was approved by the city and a deed recorded uh on title to both the sending and receiving property which was um recorded and returned to the city that indicates both that the TDRs were taken from the sending site and have been legally recorded on title of the receiving site, the Westridge. And that is recording number 20148 05 000941. And again that's that's been returned to the city of Isiqua. Um, I would also note for the record that the isqua uh title, excuse me, chapter 1810 provides that um TDR units are uh expressly intended to be in addition to the density allowed under any development agreement. Thank you. Thank you. Does that uh answer your question, Jim? It does to the extent that uh certainly Miss Klushka has testified concerning that. I haven't reviewed the document so I can't I can't speak to the document itself and what it says. Uh Keith, I see you moving back to the microphone. Yes, I am. Um, so I'd like to follow up um the code um in addition to stating that the TDRs um specifically states transfer of TDRs into a urban village project subject to a development agreement shall be subject to the following. Um and it was just previously stated that the TDR shall be in addition to and not as a substitute for the development rights as specified in the development agreement. Um but the next subsection says the TDRs shall not cause any of the existing or planned infrastructure to fall below the infrastructures capacity to handle the maximum density as set forth in the development agreement. Um and I think that certainly makes sense when you think about it. Um and the reason that makes sense is because when you have a development agreement that has been um very carefully negotiated to make sure that the infrastructure um is balanced in such a way that the infrastructure meets the needs of the um the specific density um in that urban village. I think it makes sense that if it's going to be additive that the TDRs not cause um you know overstress of the infrastructure that's there. So my question is what um what what do we have or I haven't seen anything. Yeah. How has that been been demonstrated because I haven't seen that's been demonstrated. So so that evaluation um dealing with the infrastructure impacts was part of the SEIPA review that was done. So, um, the DNS that was issued, um, and the file is SCP17-00001. Um, the checklist and the evaluation for that considered the impacts on infrastructure. Um the only issue that's worth noting is that uh the traffic uh study that was provided with the SEPA checklist was deemed um inadequate by the city and the city and the applicant discussed um that that current traffic volumes needed to be incorporated into the model that was being run for these 100 units. um so the existing background numbers and so there's a note and it's note number five on the uh DNS the determination of non-significance that set a performance standard uh for um what the applicant needed to be able to meet to be able to use these 100 TDR units on the property that they want to use them for. If that makes sense. Sorry for that was a lot. And so um what would be the process then? What's the public process for that for when is that does that come back to the council? Is that daylighted or is that if this is approved? Um how is that demonstrated to us that um the standards are met in that code section? Um so that's um I can't be explicit about that answer because I don't know what the solution is going to be. If the solution includes some sort of council action, then that would need to come back to the council as a separate ask um or as part of this proceeding or some version of it. Um if if though that solution that caused traffic to work um did not require additional council action, then that would simply be something that would be incorporated into the preliminary plat to utilize those 100 units. Question for Jim. Um Jim, the information tonight about um specifically recording the the TDRs with the site that I may have a bad memory. That's new to me. So if that's already there, why do we even have to do this amendment? How does that if you looking at the development agreement language, if it's already registered on title, why do we have to do anything? Well, that's a good question. I because the development agreement does not provide or currently provides a a certain number of units and this takes you beyond that then yes I think you need to amend the development agreement. The question and again this argument is new to me tonight that the certificate itself has already approved those TDRs. I don't know until I look at that document exactly what how that that factors in here. But the development agreement amendment is required because the development agreement provides only for a certain number of units that have been previously approved. So, Anyone else have a question before I go back to Stacy? Stacy. Um so um based on the based on the um discussion that we had at uh Landon Shore and there was a lot of discussion about affordable housing and there was also some discussion tonight about confusion about affordable housing and also in um reading the code that was referenced both by the applicant and by um me tonight. Um I I'm going to make a motion and we'll see where we go from there. I move to continue the public hearing to um no later than 60 days from now. And in the meantime that we remand Agenda Bill 7215 back to land and shore committee to uh number one specify how the proposal complies with IMC 18 10 2030 C4 which requires that the TDRs not cause any existing or planned infrastructure to have insufficient capacity to handle the increased density and second to provide further information on refinement of the affordable housing proposal. addressing the concerns of the land and shore committee and the public and council members. Second. It's moved and seconded. Uh, additional discussion. Mary Lou, I'm still really confused about what we heard tonight about registering it on the title and I maybe it's not part of the motion, but somehow there's some missing information here that we never saw and we never discussed and that needs to come back to landing shore. So maybe that's not part of the motion. And so uh that's easy for the administration to provide that uh uh uh that information and uh a uh an opinion on really what that means what it means. Thank you Stacy. Thank you. So um I made the motion because um in looking at the so it's um been suggested that um we are sort of have to um accept the TDRs. This is not um as Mary Lou said earlier sort of a referendum on the TDR program. I support the TDR program. I support the purposes and the goals. It's a it's a very good thing. Um uh I think the um the concern is about you know what the standard is. Um, and the standard seems to be in the in the statute making sure that the infrastructure can handle it. Um, and an additional 77 may not sound like a lot, but but we don't know. Like I said, we have a development agreement and the infrastructure is uh supposed to be carefully matched to the density. And um uh the the code um the TDR code identifies not only what the standard is and it als but it also identifies that there needs to be a that modification needs to be um part of the uh it is identified in each uh development agreement and the Isiqua Highlands urban development urb the Isiqua Highlands development agreement requires that a major modification be approved by the council and um I think it's the I certainly feel that it's my responsibility to make sure that the proposal complies with the with the specific provision of the TDR code um is Squa Municipal Code that makes sure that we watch out for the infrastructure needs in the urban village. Um but it's not about not agreeing with the TDR program. Paul, thank you Stacy for those uh comments. I thought they were um well spoken and and I I agree. Um the um the packet in front of us today has a proposed um both accept the uh agreement or decline. We have language for both in those and I know that the committee had recommended to uh deny um uh the the um amendment to the development agreement. Um and um I think we've heard uh this evening um a number of issues um that we need clarification on. So, I fully agree that and it is clear within our code and the TDR statute. Uh, as Stacy said and I and I think this is very important that um to that um the additional TDR units, you know, we understand and that they that they um either the infrastructure supports them or um some um whether it be mitigated or not that the the infrastructure has to support them. So, I think we it's a very important gate. Let's let I think I think this council is at a place where it needs to know what that's going to be. Um and and so we're we're creating some more time uh to get that information. I would also add that that the um um I know the committee had conversations uh about uh the affordable housing piece and yes, that is a piece that is in flux uh here within the city. uh and and um and yet um I think this proposal um is um that that and I my interpretation is that it would um add 30 uh units at different levels of affordability. Um that certainly is is a benefit uh to the city. Uh and I and so um I'm very interested in seeing if you if uh a way to bring that benefit to the city if we can do it, if we can absorb that. But finally, just about the TDR program. Um, uh, I appreciate the comments we heard tonight. Um, whereas, uh, I I'm I'm sympathetic to every existing Isiqua resident who thinks, you know, we've got congestion, we've got build out, please don't add anymore. I'm very sympathetic to that. uh and and at another level um uh grow um this idea that we have are adjacent to open space and that we want to preserve that and that preservation of open space um is valuable to us. I'm glad that we've got that into the conversation. I think that was missing before. there is so and and it might be hard for an existing resident of the Highlands to say okay that park point land is now preserved as open space and that's a benefit that I value um I I understand if you're struggling with that but at a high level policy level for Isiziqua for growth management in general um that idea preserving open space and taking that those development rights and and including that in the urban areas like Isiziqua for greater density um that's a core tenant and there was even a I appreciate the refer reference tonight uh uh about how um the growth management act recognizes uh TDRs as an essential tool for achieving these objectives. And so um I would ask that my fellow residents who who are realizing now that we're going to re reconsider this question to also keep in mind the benefit of the preservation of open spa open space. It's a benefit to not only us, to all of us, and to future generations. And and and that's a very important element that I'm going to consider as we go forward with this issue. Thank you, Mariah. Thank you. Uh, I wanted to uh basically to say that I support uh the amendment and that I wanted to echo uh some of what my fellow council members have talked about that um um this is a complicated issue. It involves a a lot of different things, but we're we're talking about a major modification to the development agreement. And as we start to talk this through um even more that we than we have on land and shore, uh there are a number of issues that I I really do think we need more information about. Um um is there this sufficient infrastructure? Um and as we start to talk a little bit more um maybe more work that needs to be done in terms of the affordable housing element. Uh I'm very much in support of the TDR program and and uh of course of affordable housing and any sort of efforts in those areas. Uh but I think that we need to uh take a step back and uh get some more information regarding some of those issues. You anyone else? Hola. So I I mean I think you're hearing a consensus uh around the deis that this is not a uh this is not any sort of a nimi reaction but really a uh wanting clarity on some areas that are very important. I'm struck by the fact that um in the mayor's state of the city address he said the most important issue we have in front of us is traffic. And so I feel that that's absolutely uh correct and that it it leads us to wanting to uh measure twice and cut once. And so I am eager to see a little bit more clarity around that and and some of the other issues that have been addressed here this evening before uh being confident about uh being able to support this. I I mean I'll be supporting the amendment here this evening but uh supporting the the the larger issue. Thank you. Um I too very much appreciate the TDR program. It's done great things uh in the area and and we want to continue to work on that. I do think that we we have some more information that we need to to have uh before we make this decision. So uh particularly as council member um stated that was on the impacts that we need to know what those are not guess what they are but know have some more facts on those. Uh the affordable housing piece needs more definition right now. It's kind of a side plate issue. We need to have that wrapped up and and and know what that is as well. and and work through this. And I think it's reasonable to say we need a little more information in 60 days to get that is uh I think reasonable and we supporting this. Anyone else? Then the motion is to uh remand agenda bill 7215. Oh, just this. Motion is to continue this public hearing to April 17th, which is the closest meeting to 60 days out. And in the meantime that we send agenda bill 7215 back to the land and shore committee uh to uh evaluate uh uh uh a how the proposal complies with the Isqua Municipal Code 18.10.20. 2030 point C.4 point B which requires that the TDRs not cause and any existing or planned infrastructure to have insufficient capacity to handle the increased density and to provide further information and refinement of the affordable housing proposal addressing the concerns of the land and shore committee and the public. That was moved by council president uh Goodman and seconded by uh council member Winterstein. All those in favor of the motion signify by saying I. I. Those opposed. That carries unanimously. Keith, you thought you were going to sit down, but I believe our next agenda uh item this evening under regular under the public Hey, look, it's me again. And I guess uh we'll close where we'll continue the public hearing to April the 17th. Uh uh with that agenda bill 7291 consider additional extension to temporary moratorum related to certain permit applica. This is uh a public hearing and we will begin with a brief uh uh staff report on the progress on the moratorum. And uh Keith Nibbon, I guess you're still the director of development services, so if you would please and economic development. Economic development. So um thank you, Mr. Mayor. City Council still here. Um sec second uh second topic of the night. So um just to again similar to the last agenda bill um wanted to um kind of give some context and some history uh so that we can all kind of get back up to speed. So the mortorium was initiated on the 6th of September 2016 by ordinance. It was an emergency moratorum. Um it was amended on the 16th of November uh by ordinance 2784 and that amendment added an exclusion uh for small projects consisting of four or fewer residential units or non-residential development including existing and new not to exceed 3,000 square ft of total building area. Um in addition um that uh ordinance 2784 set the six-month hearing uh to lift, extend or amend the moratorum on February 21st and that's tonight. So the moratorum there were uh six uh work items that were identified architectural guidelines, urban design, vertical mixuse, affordable housing, parking and uh reooking at the district visions. There are 10 within central Isiqua. Um so here I thought I would quickly kind of go through um kind of where we are with each of these. So architectural fit and urban design. I actually married those two up as one work item. They just the more I thought about it, the more it seemed like um they wanted to be handled by the same kind of work effort. And so we issued an RFP um on that. And those were actually due today at close of business. Um so when I left the office um I had four um from architectural firms, planning and landscape architecture firms from Seattle and Portland. Actually I think there were two from Portland and two from Seattle. Um uh we are uh scheduled for consultant interviews on Monday. Um and then from March to June, we're going to go through an outreach program, uh which includes a lot of touches with the development commission. Um and then this particular project we expect will be done by August. Vertical mixuse. Um to remind you, um Eco Northwest, uh provided an analysis of where we were, uh or where we currently are in terms of having the market bring, uh vertical mixuse to us without any kind of additional regulations or incentives. And if you remember, there were a bunch of slanting lines and the conclusion was we're about 5 to 10 years away from the market actually supporting vertical mixuse. So what's been happening since then? um and that was in September of last year is staff have been working um both with our consultant and having conversations with the economic vitality commission. Um and then we're going to go to uh Landon Shore. There was an agenda bill on tonight's consent agenda to go to Landon Shore in March and that's really to walk through basically three alternatives that we've um that we've put together and and go through the logic behind those. Um and then we'll bring that back to full council at a work session in April and then we expect this item to be done by September. Affordable housing. Um coincidentally we used Eco Northwest to provide an inventory of our existing housing stock. And that was really just to paint a picture of what we had and what the trends look like we were going to get over the next 20 years if everything stayed the same to help us really identify what are we missing. Um we then started um discussions. We put our economic vitality commission, our planning policy commission, and our human services commissions together as a super commission, and they've met three times to talk about um housing and affordable housing um because they represent different perspectives, and I think it's really been a rich conversation. Um we're going to start um an online survey um and then do outreach um from basically March to May with a completion of this work item by September. Parking is our quickest one. And actually parking um it makes it's actually fortuitous that it is the quickest one uh because it could potentially influence some of the other items like vertical mixuse um and architecture fit and urban design. So, parking, uh, there was an RFQ sent out, um, and those are due, uh, the 28th, so next week. Um, and then we go from to consultant interviews and basically have them develop a report. And that report is really looking at two things. One, are we right parked? In other words, are we underparked or overparked in central Isiqua? And the second is is should we be mandating any percentage of structured parking as part of any redevelopment project. So those are really two very clear questions I think we're looking to have answered with parking. And then last, as I mentioned earlier, the district visions or the neighborhood visions. There's 10 neighborhoods in central Isiqua. We've started um by having focus group conversations within each neighborhood um with property owners and businesses. And we're we're um we don't have a date yet, but we're planning to get the centraliz plan task force back together um to talk about uh the district visions and what we've seen uh over the past four years. Um and that's really going to happen between February and April uh with public meetings then going moving into April and then kind of continuing in through May to August. So, so because this one is mostly about hearing what the community thinks about these sub areas within central Isiqua, it's a lot of public outreach. It's a lot of talking to the community and the community has so many different voices. There's there's the property owners, the businesses, the residents, and then the bigger community and what they think these areas are. So, it's a lot of outreach. And this is why this one um is, even though this arrow is shorter than some others, this one's actually the longest one. And we don't expect to be done with this one till November. So this is where we are. Um uh and that's the end of my brief presentation. Oh well. So what does it mean that only two of the five would be done by the time that this next six months is up? [Laughter] Well, um, it means that you guys have a hard decision if you want to lift the moratorum at that point. I mean, so that's what I thought it might mean. So, so um, so part of so there's we're running in these kind of six-month kind of cycles, right? And so um you know there some of these will be done and some of them will be pretty well baked um but maybe not fully baked. Um the question is for you guys I think I think it's a pretty easy question tonight. My guess is you're probably not inclined to lift the mortorium. Um but in six months um when we have some of these done and some of them almost done there might be a different conversation. So, I'm going to go ahead and uh take public testimony now. Uh the public hearing is opened at uh 8:52. Has anyone uh signed up to speak? Yes, Todd Baxter. I'm Todd Baxter with Windmir Real Estate out of Isiqua and I have a client who I represent who has a property in Isiqua now and he due to a medical condition was not able to be here. So he wrote a letter that um he wanted asked me to come in and read. Um dear Isakiqua City Council, my name is Dr. David Hildrth. I'm writing a request that you do not extend the current building moratorum. I owned the property located at 2300 Newport Way Northwest. I operated Lake Seamish Veterinary Hospital there for over three decades. I really enjoyed caring for all the animals in Isiqua community. My daughter and her husband and children currently live at this address. Before the current moratorium was in place, I'd been actively trying to sell this property. I have a buyer under contract, but everything had to be put on hold due to the moratorum. My health is precarious and I would like to complete the sale of this property for the sake of my family. We are surrounded by the gate gateway project on all sides. Allowing my property to be developed will add safety for pedestrians such as sidewalks and decrease traffic delays. The development of my property fits in with the existing city plan and will allow this area of the city to be completed for the community. I am requesting an exemption for any properties that either had a pre-application media meeting prior to the moratorum or were already under contract at the time of the moratorum or replace the current moratorum with a new plan once it is ready with no surprises to the city residents. Sincerely, David Hilddrth. Thank you. Thank you. Is there anyone who has not signed up desiring to speak? Anyone desiring to speak? Third and Oh, wait. Do you have someone else? I do. I'm sorry. Steve Carrera. Steve you're back. Wow. Indeed. Uh, so Steve, everything else is still the same. Uh, so a couple things struck me. one again I referenced earlier policy planning commission is only dealing at this point with eight of 17 uh planning items that are think are part of who we want to be as IUA as is and those aren't even going to be looked at until next year. In addition the um I guess six initial but five listed here items aren't even going to be completed until November. uh it seems a no-brainer that we should continue the mortorium pause at least for another six months and I would propose even beyond then but I'm sure that will receive more discussion so in brief again yes please continue the moratorum thank you has anyone else signed up to speak uh yes Lindsay Walsh still the same um I'm concerned with the idea of setting a six-month timeline on this when as we have stated the the work that needs to be done in order to figure out what decisions need to be made at the end of that obviously won't be completed and I I really just don't feel like there is a clear sense of what those decisions need to be. Um the summary statement says prior to 6 months expiring the city council must consider whether the moratorum should be expired, extended or lifted. It it does not clearly I believe delineate the decision makers in any of those and whether or not those there is a requirement that any of those are completed. I just feel like there should be more clarity there in looking at that six-month timeline in expecting to start at this point considering we've already had that um period previously. Thank you. Thank you. Anyone else desiring to speak who's not signed up? Anyone else? Third and final call. Anyone else? Seeing none, then the public hearing is closed at uh 856. Uh Keith, you're back. Just to see if there's any questions, questions or discussion. Stacy, thanks. Um we just get some clarity um just because we've had a question and just to make sure we um council understands. So the um what are the options? Um and this is probably a question for Jim. What are the options tonight is can uh could the council so the question has been raised about six months. Could the council for example extend for shorter for longer? Um the council can extend for shorter. It cannot extend for longer than six months. Um, under the state law, a moratorum, if you're doing a moratorum initially, you can make it for one year as long as you have a work plan. In this case, the moratorum was adopted for six months because we didn't have a work plan at the time you initially adopted it. After the initial adoption, you can then extend it in six-month increments, but no longer than six months. and you have to hold an additional public hearing prior to extending it once again. And in a followup, um, if we get to the toward the end of the six months, can it can you could the council adopt a shorter than six-month period if it wanted to extend? Absolutely. Um the ordinance that you have in front of you says 6 months or until you amend um adopt permanent regulations whatever you want to do. Other questions or discussion Stacy? I would move to adopt ordinance number sorry it's 2793 adopting findings and extending the moratorum established by ordinance number 2778 as amended by ordinance number 2784 for an addition additional 6 months commencing March 6, 2017 and ending September 6, 2017 providing for severability declaring an emergency and establish lishing an effective date. Second. Moved and seconded. Additional discussion or questions. Stacy. Um I just want to um acknowledge and commend um the work that the staff done is already that the staff has done already to come up with a work plan. Um that looks like a very simple chart that has had a lot of work go into it. um and we've since seen um that the background information in very various iterations and it has not been a small task and I want to thank you for all the work that you've done so far. Thank you. Other questions or discussion? All those one comment um it's actually more about the other comment that we received this evening and um I know that there are some exception uh in the moratorum especially for the uh subplatting small um units and I'm wondering if um I just would ask that someone could follow up with the gentleman who spoke to see if indeed their property may qualify already for an existing exemption. We will follow up. I'll just read it again. There's a lot of work here and there's been a lot done and a lot to do and uh really appreciate that and and getting to it. Also recognizing the fact that there are a number of people that are having a hardship due to this and uh appreciate we're getting to it as fast as we can and I think we're doing that but at the same time we have to do it right. That's why we did this. So thank you. Thank you. Additional questions? Seeing none, then all those in favor of adopting ordinance number 2793 as outlined in the agenda bill. You signify by saying I. Signify by saying I. Please signify by saying I. I. Those opposed. Thank you, Stacy. Welcome. I uh suggest that uh we uh we take a short 10-minute uh break before we uh move to agenda bill 7219. So, please be back in your seats at 11 minutes after 9. Thank you. You're welcome. Fell asleep there for a minute. Okay. We are back in regular session. Uh our next item under regular business is agenda bill 7219 Gilman Lofts three trails development agreement. And uh uh Keith again will you kick it off with a short presentation? This one's very short. So, we've been talking about this. If y'all remember, um the applicant um came forward to the city council and asked for um the city to allow this project to move forward during the moratorum and um ultimately resulted in a proposal for a development agreement which then has been discussed at land and shore for a number of months. So all we're doing this evening is um is I'm going to kind of go through my one slide uh which is what the proposal is and what I think the action is for this evening. So the proposal is a partnering agreement for the construction of a signalized intersection of Gilman Boulevard at the Juniper intersection. Um it's also to enter into a development agreement with the applicant that would allow the project to move forward in advance of lifting the moratorum. And there's reasons why that's important to the applicant and economically makes um number one under the proposal make sense. So the action for this evening I think simply is to schedule the public hearing for the 6th of March um and then to consider the proposed development agreement which is attached to the agenda bill. Uh thank you council president Goodman. I would move to direct the administration to prepare resolution approving the proposed development agreement. Hold on one second. Y second. Is there anything else you'd like to offer at this time, Keith? Some words of silence. No, I think I'm good. I'm flipping open the um the agenda bill. So, if I can be of assistance on the screen, is the is the hearing to be on the 6th or the 20th? Uh I believe the hearing could be should be on the 6th and then back to the council. Can I interject that we may have missed our opportunity for noticing on the 6th as it's Tuesday night and for our publication requirements they would have needed documentation of the hearing today. So I believe that's why the agenda bill references the 20th. Right. I would direct the administration to prepare a resolution approving the proposed development agreement and schedule the related public hearing for the March 20, 2017 city council meeting. Second. Moved and seconded. Questions or discussion? Mary Lou. Just a comment. Um I can't remember Keith. Did you include in the update what what the vote was out of landed shore because it wasn't unanimous. Um, two to one. It's in the agenda bill. Okay. Thanks. Hola. I want to make sure I understand what we would we wouldn't be actually moving forward with anything tonight except the next step towards potentially doing this because I'll have lots of questions before the council actually has to decide here. Nay. I think all we're doing is scheduling the public hearing and I'm still a little bit um remiss about the date um that we talked about some alternatives. All right. Thank you. Other questions or discussion? All those in favor of uh directing the administration to prepare a resolution approving the proposed development agreement and schedule the related public hearing for the March 20th, 2017 city council meeting. Signify by saying I. I. Those opposed? That carries unanimously. Moving now to good of the order. Uh anyone have anything for good of the order this evening? Seeing none, then uh we will now move into executive session for the purpose of discussing property acquisition for RCW42.30.110 pernb and collective bargaining per RCW42.30.140 PN4. These items are expected to take approximately 70 minutes. Action is anticipated to follow in open session. We are back in uh regular session at uh 10:27. Council member Martz. Mr. Mayor, I move that we authorize the mayor to execute a revision to the purchase and sale agreement for the King County roads property in order to reduce the purchase price by $100,000 and to authorize proceeding with the low bid for remediation on the roads property in an amount not to exceed $100,000. Second. Moved and seconded. Any questions or discussion? Yes question. So, I was googling around a little and I'm not a lawyer, but there is some stuff on the AG site that talks about um properties of sale between governments and it talks specifically specifically about selling properties for full value and let me find it. Making governments fully accountable for their property. ensuring that the resources allocated by law to one government are not used to subsidize the activities of a different government. Still have concerns that we haven't examined that avenue of law carefully enough and that that's my concern with this ask tonight. You may be able to Yes, that statute I am familiar with. That's the state accountancy act. It basically says that one government agency cannot subsidize another government agency. The theory being that taxpayers of one jurisdiction should not be subsidizing the activities of another jurisdiction. But that I think if if if King County wanted to assert a larger purchase price for the roads property on that basis, you know, they should have done so. But that doesn't prohibit the city from purchasing the property for the county for what the county has offered it to the city for. And uh if the city decides at some future point to sell a portion of the property for receiving the full value which the city would be required to receive. County can do something wrong. Interesting. Other questions or discussion? All those in favor of uh authorizing the mayor to execute a revision to the purchase and sales agreement for the King County Roads property in order to reduce the purchase price by $100,000 and to authorize proceeding with the low bid for reiation on the roads property in an amount not to exceed $100,000. signify by saying I I those opposed that that uh that passes by a vote of six two five to two with uh council member Paulie and Barbara Goodman and Goodman declining. Okay. Council Pine Goodman. I would author I would make a motion to authorize the acquisition of land and temporary construction easement for an amount of $47,100 for the purpose of building the Southeast 62nd Street Road and Bridge. Second. Got a motion that has been made and seconded. Any discussion on the motion? Seeing none, then all those in favor of authorizing the acquisition of land and temporary construction easement for amount of 47,100 for the purpose of building the Southeast 62nd Street Road and Bridge project, signify by saying I. I. Those opposed. That carries unanimously. There being no further business uh uh this evening, we are adjourned. You should have taken