MILL CREEK. A narrow vote by the Mill Creek City Council has advanced plans for the municipality to assume control of the Penny Creek Natural Area, a move that could be finalized in 2027.
In a 4-3 decision during Tuesday's session, council members authorized staff to proceed with drafting an agreement regarding the property's current owner. Mayor Stephanie Vignal, Mayor Pro Tem Melissa Duque, and council members Tannis Golebiewski and Sean Paddock voted in favor of the measure. Opposing the motion were council members John Steckler, Vince Cavaleri, and Connie Allison.
The subject of the debate is a 60-acre wetland located off 35th Avenue Southeast. For the past year, a community group has advocated for the city to acquire the land, which is currently owned by the apartment complex known as The Farm by Vintage.
The property was acquired by the apartment complex in 2019 as part of a development agreement that granted a reduced wetland buffer in exchange for the owner maintaining the site as open public space. The terms stipulated that the city could take ownership without cost five years after project approvals were finalized. However, the agreement also granted the owner the right to restrict public access if the city did not take title after that five-year period.
The council previously voted 4-3 in April to direct staff to execute an agreement for the transfer. While a final contract was expected during the summer, staff returned to the council on Tuesday with new financial data and a request to reaffirm the directive to continue contract development.
With the council moving forward, a vote on the agreement is scheduled for October, with a potential official transfer of ownership in January.
Financial estimates for the city's initial involvement have shifted since April. Startup costs were previously projected at approximately $50,000. Tuesday's revised estimates place the initial costs at about $33,500, covering signage, a small boat and trailer, and vegetation management for the first year. Ongoing vegetation management is estimated at $18,000 annually.
City staff justified the purchase of a boat as necessary for municipal maintenance operations, a point questioned by community members who have managed the site voluntarily for years.
City Manager Martin Yamamoto emphasized the importance of municipal oversight regarding the location. "We have to be careful, we have to make sure that we own it, we take responsibility for everything, and the timing of everything that happens with that area," Yamamoto said.
Additional potential improvement costs were discussed, totaling approximately $68,000. The majority of these funds would be allocated to parking lot upgrades. While some residents questioned the necessity of paving in a natural setting, council members and staff argued that improved parking would facilitate access for emergency vehicles and buses.
Yamamoto noted that such improvements are optional and subject to future decisions. "Do we need all these things? No. These are the options, and its just something that council needs to decide down the road if they want to improve it to address certain needs that the community wants," Yamamoto said.
Council approval for improvement costs would be handled separately from the ownership agreement.
Yamamoto also indicated that the city would see a reduction in revenue, losing approximately $30,000 annually in property and stormwater taxes.
Concerns regarding potential liability exposure were raised by several members of the city council during the discussion. Staff members addressed these worries by citing guidance from the Washington Cities Insurance Authority, which indicated that coverage would not be required for the Penny Creek site. This determination was based on the classification of the land as a passive recreation zone lacking built structures.
Future maintenance financials were also outlined for the council. The city is projected to replace two bridges within the next five to seven years, with each replacement estimated at $25,000. Additionally, a fish culvert located at the entrance of the area requires replacement at an estimated cost of $1 million. Although the city is ultimately responsible for this infrastructure because it sits within the municipal right-of-way, staff noted that increased vehicular traffic could accelerate the schedule for this replacement.
Council members who voted against advancing the agreement cited a need for further data. They requested details on expenses related to potential homelessness, vandalism, and ongoing maintenance. One member sought clarification on the costs for additional amenities, including lighting, benches, and a playground. That official noted that once the city officially assumes ownership, residents would likely develop expectations for further enhancements.
Another council member stated her intention to support only essential improvements. She emphasized that the site is a mitigation area and a natural environment, rather than a traditional park. She opposed funding for extra features like lighting, preferring the area remain a natural space for residents to enjoy.
Community members attended the Tuesday session to voice their support for Mill Creek taking ownership of the site. A local resident shared that she discovered the area approximately 18 months ago. She described the location as a source of relief for herself and her spouse, both of whom have faced recent health issues. She explained that their current health circumstances limit their ability to travel, making the nearby walk a significant daily highlight.
Another Mill Creek resident, accompanied by her three daughters, expressed the value the family places on the natural area. She observed the site’s evolution from a lesser-known local spot into a hub for community connection and relationship building. She argued that failing to make a decision now risks losing the opportunity for this type of community development in the future.