* CITY OF BAINBRIDGE ISLAND SPECIAL CITY COUNCIL BUSINESS MEETING TUESDAY, FEBRUARY 27, 2018 MEETING MINUTES 1. CALLTO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE Mayor Medina called the meeting to order at 6:03 p.m. in Council Chambers. Mayor Medina, Deputy Mayor Blossom, and Councimembers Deets, Nassar, Peltier and Scott were 2. AGENDAAPPROVAL OR. MODIFICATION/CONFLICT OF INTEREST DISCLOSURE Councilmember Scott moved and Councilmember Deets seconded to approve the agenda, as presented. The motion carried unanimously, 7-0. Deputy Mayor Blossom recused herself from the moratorium present. Councimember Tirman participated remotely. discussion. 3. PUBLIC COMMENT There was no public comment at this time. 4. MAYOR'S REPORT - 6:07 PM Mayor Medina mentioned the Sound to Olympic Trail (STO). grand opening, upcoming Ward meetings, a petition from Grow Avenue and neighborhood meeting, andi the resolution ofa damage claim. 5. CITYMANAGERS REPORT oni the STO Trail grand opening. 6. UNFINISHED BUSINESS City Manager Schulze reported on the status of hiring a Communications Coordinator and provided details A. Ordinance No. 2018-04, Relating to the Duane Lane Road Vacation, AB 17-201 - Public Works 6:13 PM Public Works Director Loveless introduced the agenda item. 1 Public Comment ofa substitute ordinance. Steve Matthews spoke on behalf of the Nakata neighbors regarding access to Wallace Cottages and in favor Todd McKittrick spoke about the options he would consider for the road vacation. Steve Crampton spoke about Nakata neighbors' concems. Chris Van Dyke spoke in favor oft the substitute ordinance. amended by the Matthews substitute ordinance. Peltier/Blossom: The motion was withdrawn. MOTION: Imove to approve Ordinance No. 2018-04 relating toi the Duane Lane street vacation as Council adjourned for an Executive Session at 6:54 p.m. pursuant to RCW4 42.30.110(1)0.1 to discuss with legal counsel matters relating to litigation or potential litigation to which the city, the governing body, ora a member actingi in an official capacity is, ori is likely to! become, a party, when public knowledge regarding the discussion is likely to. result in an adverse legal ori financial consequence to the agency. Council returned Councimember Peltier noted that Deputy Mayor Blossom had an alternative approach to the substitute from Executive Session at 7:14 p.m., and Mayor Medina re-convened the meeting. ordinance. MOTION: Imove to amend proposed Ordinance 2018-041 to add the following: A new Section 51 titled "Conditions of Approval for Street Vacation" The vacation of Duane Lane is conditioned upon the grant ofar right-of-way consisting oft the south 15 feet of parcel number 272502-1-022-2006. Blossom/Peltier: The motion carried 5-2 with Mayor Medina and Councilmember Scott voting against. Public Works Director Loveless introduced the agenda item to purchase three new police vehicles. Chief MOTION: Imove that the City Council approve the Police Vehicle Procurement with the Washington B. 2018 Police Vehicle Procurement, AB 18-023 - Public' Works 7:31 PM Hamner addressed Council's questions. State Department of Enterprise Services Center to purchase three vehicles. Scott/Nassar: The motion carried unanimously, 7-0. C. Infrastructure Ballot Measure Task Force Update, AB 17-097 - Executive 7:36 PM City Manager Schulze introduced the agenda item. Infrastructure Ballot Measure Task Force member Demi Allen provided a presentation on1 the work of the task force in identifying non-motorized transportation improvements. Todd Tinker, chair of the finance subcommittee of the task force, and City Manager Schulze updated Council on the subcommittee's work on the town square concept. 2 Public Comment Patti Dusbabek spoke against the town square concept. Brandon Fouts spoke in favor of using previous studies. Joyce Grainger advocated for de-coupling the town square and multi-modal elements. D. Resolution No. 2018-05, Relating to Grant Acceptance for Fletcher Bay Road Core 40 Project, Sportsman Club/New Brooklyn Intersection Improvements, and Olympic Drive Non- Motorized Improvements, AB 18-028 - Public' Works 8:16 PM Public Works Director Loveless introduced the agenda item. MOTION:Imove to approve Resolution No. 2018-05. Nassar/Peltier: The motion carried unanimously, 7-0. E. Ordinance No. 2018-05, Amending and Restating Ordinance No. 2018-02, as Amended by Ordinance No. 2018-03, Imposing a Temporary Six-Month Moratorium on the Acceptance of Deputy Mayor Blossom left Council Chambers. Planning Director Christensen introduced the agenda item. MOTION: Councilmember Peltier moved to approve the motion related to educational facilities proposed by staff with a change to remove the words 'determined to be complete prior to the effective Certain Development Applications, AB 18-021 - Planning 8:19 PM date of the moratorium." Public Comment requirements. school construction. school construction. Peltier/Deets: The motion was withdrawn. Todd Osborne commented on the backlog for submitting building permits and native vegetation Mike Spence, Bainbridge Island School Board, expressed concerns about the impact oft the moratorium on Mev Hoburg, Bainbridge Island School Board, expressed concerns about the impact or the ordinance on MOTION: Imove to direct staff to come back with further analysis and recommendations to address concerns raised tonight. 8:36 p.m. Peltier/Nassar: The motion was withdrawn. MOTION: Imove that we modify the current moratorium, Section 5.B, by replacing the words private vocational training institutions, preschools, K-12, and higher education facilities" with the words "educational Tirman/Deets: The motion carried 4-2 with Councilmembers Peltier and Nassar voting against. facilities and preschools". 8:48 pm 3 MOTION: Imove to direct staff, in addition to the language regarding schools, to come back with proposed language that would exempt the Winslow Core from the moratorium with regards to Major Site Plan Reviews and Major Conditional Use Permits. Peltier/Scott: The motion carried unanimously, 6-0. 8:53 pm Deputy Mayor Blossom returned at 8:55 p.m. Planning Director Christensen presented a proposed workplan fort the moratorium. Public Comment Jon Quitslund spoke about the need to update the Code. Michelle Hecker spoke about the process of updating the Code. Mayor Medina adjourned the meeting for al break at 9:24 p.m. and re-convened the meeting at 9:33 p.m. F. Ordinance No. 2018-01 (Formerly Ordinance No. 2017-17) Relating to Critical Areas, Repealing Chapter 16.20 and Adopting a New Chapter 16.20 of the Bainbridge Island Municipal Code, AB 17-135- Planning 9:33 PM Mayor Medina invited comment from partner jurisdictions. Hank Teran, Bainbridge Island Fire Department, thanked Council for addressing their concerns. Peter Bang-Knudsen, Superintendent of Bainbridge Island School District, spoke about their concerns with Mike Spence, member oft the Bainbridge Island School Board, commented on their concerns. MevH Hoburg, member oft the Bainbridge Island School Board, described the major points in their letter sent Perry Barrett, Bainbridge Island Metropolitan Park & Recreation District, thanked Council for addressing their the ordinance. to Council. concerns. Senior Planner Carr provided a presentation on the ordinance. Public Comment Peter Brachvogel spoke against the ordinance. Randall Samstag asked about the scientific basis fori the Aquifer Recharge Protection Area. Patti Dusbabek spoke in favor of adding gardens to schools. Michelle Hecker spoke against the ordinance. Council discussed the ordinance. 4 MOTION: Imove to adopt Ordinance No. 2018-01 as amended in the February 27, 2018, Revised Public Peltier/Deets: Following discussion and action on1 the motions to amend the ordinance below, the motion Hearing Draft CAO. carried 4-3 with Councilmembers Scott, Deets and Tirman voting against. AMENDMENT TO MOTION: Imove to amend 16.20.100.E4.a. to read: a. Any structure or activity as long as the new structure or activity is shown to not negatively impact the amount of groundwater recharge on the site. Specifically, any structure or activity is allowed as long as the structure ora activity (including mitigation measures, ifany are needed) maintains 100 percent of the annual average groundwater recharge volume that existed on the site prior to the structure or activity as demonstrated by the 2012 Western Washington Hydrology Model (WWHM2012) recharge module, as amended-erethermeheelegactePlabetethe-cHy Engineer. Peltier/Nassar: The motion carried 5-2 with Councilmembers Scott and Tirman voting against. Senior Planner Carr asked Council to consider revisions to the applicability section of 16.20.100 relating to AMENDMENT TO MOTION: Imove to amend the ordinance in the manner proposed by staff. Peltier/Deets: The motion carried 5-2 with Councilmembers Scott and Tirman voting against. aquifer recharge areas. AMENDMENT TO MOTION: Imove to amend 16.20.100.E. to read: I. Any proposed development or activity requiring a site assessment review (SAR) pursuant to BIMC 15.19 and 15.20 located within the R-0.4, R-I or R-2, and Business Industrial zoning designations requires designation of an ARPA; except, designation ofa an ARPA is not required fort the following. Peltier/Nassar: The motion failed 2-5 with Counciimembers Peltier and Nassar voting in favon 7. NEW BUSINESS Works 10:44 PM A. Water and Wastewater Rate Study Professional Services Agreement, AB 18-031-Public Public Works Director Loveless introduced the agenda item. Study Professional Services Agreement with FCS Group. Blossom/Nassar: The motion carried unanimously, 7-0. MOTION: Imove to forward to the March 13,2018, Consent Agenda the' Water and Wastewater Rate B. Resolution No. 2018-06, Amending the Fee Schedule Relating to Exempt Wells, AB 18-034- Finance 10:46 PM Finance Director Schroer introduced the amendment to the Fee Schedule. 5 MOTION: Imove to forward tot the March 13,2018, Consent Agenda for approval Resolution No. 2018- 06, adopting an amendment to the 20181 fee schedule related to exempt wells. Nassar/Peltier: The motion carried unanimously, 7-0. Engineers, AB 15-072 - Public' Works 10:48 PM Public Works Director Loveless introduced the agenda item. C. City Dock Improvements Professional Services Agreement Amendment No. 4 with PND MOTION: Ir move to forward to the March 13, 2018, Consent Agenda for approval the City Dock Improvements Professional Services Agreement Amendment No. 4ini the amount of $40,800.00 with PND Engineers. Blossom/Peltier: The motion carried unanimously, 7-0. D. Ordinance No. 2018-06, Amending Bainbridge Island Municipal Code Chapter 2.37, Increasing Size of Climate Change Advisory Committee, AB 18-026- Executive 10:50 PM City Manager Schulze introduced the ordinance. MOTION: Imove that the City Council forward Ordinance 2018-06, increasing the size oft the Climate Change Advisory Committee from seven to nine members, to the March 13,2018, consent agenda. E. Climate Change Advisory Committee Appointments, Position Numbers, and Terms, Blossom/Nassar: The motion carried unanimously, 7-0. AB 18-040 - Mayor Medina 10:51 PM City Manager Schulze introduced the agenda item. MOTION I move that the City Council forward to the March 13, 2018, consent agenda, the removal, pursuant to BMC2.37.020, ofa all members oft the Climate Change Advisory Committee, with the removal tol have the same effective date as Ordinance 2018-06, increasing the size oft the Climate Change Advisory Committee from seven to nine members. Blossom/Deets: The motion carried unanimously, 7-0. MOTION:move to forward to the March 13, 2018, consent agenda, the City Council's confirmation of my appointment to the Climate Change Advisory Committee ofr nine members to the following positions and associated terms, with the confirmation to have the same effective date as Ordinance No. 2018-06, increasing the size oft the Climate Change Advisory Committee from seven to nine members: Position : Angela Adams, whose term will expire on June 30,2018 Position 2: Lara Hansen, whose term will expire on June 30, 2020 Position 3: Derik Broekhoff, whose term will expire on June 30, 2018 Position 4: Gary Lagerloef, whose term will expire on June 30, ,2018 Position 5: James Rufo-Hill, whose term will expire on. June 30,2019 Position 6: Jane Rein, whose term will expire on. June 30,2 2019 Position 7: Deborah Rudnick, whose term will expire on June 30, 2019 6 Position 8: David McCaughey, whose term will expire on June 30,2020 Position 9: Nora Ferm Nickum, whose term will expire on. June 30,2020 Medina/Peltier: The motion carried unanimously, 7-0. F. Appointment to Kitsap Transit Board Composition Review Committee, AB 18-032-1 Mayor Medina 10:56 PM Mayor Medina introduced the agenda item. MOTION:Imove to appoint Mayor Medina to the Kitsap Transit Board Composition Review Committee. Peltier/Blossom: The motion carried unanimously, 7-0. 8. CONSENT AGENDA - 10:57 PM A. Agenda Bill for Consent Agenda, AB 18-035 B. Accounts Payable and Payroll Payroll February 20, 2018: normal direct deposit check sequence 040943 - 041066 for $304,505.84; normal check run sequence 108432 - 108434 for $5,412.94; vendor run check sequence 108435 108446 for $124,048.34; Federal Tax Electronic Transfer for $11 18,650.21. Total disbursement $552,617.33. Accounts Payable: February 27,2018: last check number 343715 for 11.351 from previous run; manual check run check sequence 343716- 343728 for $86,216.60; regular check run sequence 343729 - 343819 for $179,257,00. Total disbursement $265,473.60. C. Special City Council Meeting Minutes, February 6, 2018 D. Study Session City Council Minutes, February 6, 2018 E. Special City Council Meeting Minutes, February I3, 2018 F. Regular City Council Business Meeting Minutes, February 13,2018 G. Special City Council Meeting Minutes, February 15, 2018 H. Environmental Technical Advisory Committee 2017 Annual Report and 2018 Workplan, Historic Preservation Commission 2017 Annual Report and 2018 Workplan, AB 18-030 AB 18-029 Affordable Housing Task Force Appointments Councimember Nassar asked to remove Item J. MOTION:Imove to approve the Consent Agenda, as modified.. Peltier/Blossom: The motion carried unanimously, 7-0. Councimember Nassar asked for additional information on the Affordable Housing Task Force appointments. MOTION: Imove that we approve the appointment of] Jonathan Davis and Corey Christopherson to the Scott/Blossom: The motion carried 4-3 with Council/members Nassar, Peltier, and Tirman voting against. Affordable Housing Task Force. 7 9. COMMITTEE REPORTS - 11:08 PM A. Marine Access Committee Regular Meeting Minutes, January 8, 2018- - Councilmember B. Climate Change Advisory Committee Regular Meeting. Minutes, January 22, 2018- C. Utility Advisory Committee Meeting Regular Meeting Minutes, January 24, 2018- D. Environmental Technical Advisory Committee Regular Meeting Minutes, January 25, 2018- E. Tree & Low Impact Development Ad Hoc Committee Special Meeting Notes, January 31, F.A Affordable Housing' Task Force Regular Meeting Minutes, January 24, 2018 - Deputy Mayor Peltier Councilmember Deets Councilmember Nassar Councilmember Nassar 2018 Blossom 10. REVIEW UPCOMING AGENDAS - 11:08 PM Mayor Medina reviewed the proposed Council calendan. 11. FOR THE GOOD OF THE ORDER-11:09 PM A. Council Calendar Mayor Medina commented on the Affordable Housing Task Force's comments on the moratorium. Mayor Medina asked Council ifthey were interested in a joint meeting with Councilmembers from Poulsbo and Suquamish, and Council concurred. 12. AD)OURNMENT Mayor Medina adjourned the meeting at I:I p.m. KL2hL Kol Medina, Mayor Christine Brown, Clerk bion City 8