CITY COUNCIL BUSINESS MEETING TUESDAY, FEBRUARY 16, 2016  ITEMSI DISCUSSED  1. EXECUTIVE SESSION: POTENTIALLITIGATION/RCW: 42.30.110(1)0) 2. CALL TOORDER/ROLL CALL/PLEDGE OF ALLEGIANCE  3. ACCEPTANCE ORI MODIFICATION OF AGENDA/CONFLICT OF INTEREST DISCLOSURE  4. PUBLIC COMMENT 5. CITY MANAGER'S REPORT 6. PUBLICHEARING 7. PRESENTATION  A. COMPREHENSIVE PLAN/NAVIGATE. BAINBRIDGE UPDATE  A. CAVE AVENUE WATERMAIN LATECOMER: EXTENSION AGREEMENT, AB 16-015 A. FOCUSED TRAFFIC STUDY, AB 16-028- MIKEI HENDRIX, PE WITH. PERTEET, INC. B. COUNCIL ACCEPTANCE OF 25TH ANNIVERSARY DONATION PLAQUE, AB 16-030 INTEREST FORI HERI REPRESENTATION OF HOUSING KITSAP, AB 16-031  8. NEW BUSINESS (PUBLIC COMMENT INVITED ON EACHITEM)  A. NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE RECOMMENDATIONS: STANDARDIZED C.R RATIFICATION OF KITSAP COUNTY PROSECUTING ATTORNEY'S REQUEST FOR WAIVER OF CONFLICTOF  SPEEDLIMITS, AB 16-029  D. ANNUAL PROCLAMATIONS, AB 16-032  E. ADDED: PROPOSED ECOLOGICAL: SURVEY OF THE SUZUKI PROPERTY (RON PELTIER)  F. ADDED: MILLER RD. CORE 40 PROJECT (KOL MEDINA)  9. UNFINISHED BUSINESS 10.CONSENT. AGENDA  A. WYCKOFF-EAGLE HARBOR SUPERFUND SITE PREMISES POLLUTION LIABILITY INSURANCE, AB 16-014  A. CONSENT AGENDA COVERSHEET B.A ACCOUNTS PAYABLE VOUCHER. APPROVAL  C.R REGULAR CITY COUNCIL STUDY SESSION, JANUARY 26, 2016 D. REGULAR CITY COUNCIL BUSINESS MEETING MINUTES, FEBRUARY 2,2016 E. REGULAR CITY COUNCIL STUDY SESSION, FEBRUARY 9,2016 F.2 20161 POLICE VEHICLES PROCUREMENT CONTRACT, AB 16-021 - PUBLIC WORKS G. WATER: SYSTEM PLAN, PROFESSIONAL SERVICES AGREEMENT, AMENDMENT #1, AB 13-002 A. ASSOCIATION OF WASHINGTON CITIES "CITY ACTION DAYS" CONFERENCE, JANUARY27-28, 2016 B. NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE LIAISON NOTES, FEBRUARY3,2016 FENVIRONMENTALM TECHNICAL ADVISORY COMMITTEE LIAISON NOTES, FEBRUARY 10, 2016  11. COMMITTEE REPORTS  C. HISTORIC PRESERVATION COMMITTEB LIAISON NOTES, FEBRUARY 4, 2016 D. PUBLIC WATER ACCESS COMMITTEE LIAISON NOTES, FEBRUARY 8, 2016 E. UTILITY ADVISORY COMMITTEE LIAISON NOTES, FEBRUARY 8, 2016 G. PLANNING COMMISSION LIAISON NOTES, FEBRUARY 11,2016 12. REVIEW UPCOMING COUNCIL MEETING AGENDAS A. UPCOMING MEETING CALENDAR 13. FOR THE GOOD OF THE ORDER 14. ADJOURNMENT  1. EXECUTIVE SESSION: POTENTIAL LITIGATION (RCW 42.30.110(1)0) 6:00 PM  Mayor Tollefson called an Executive Session to order at 6:00 p.m. with Councilmembers Blossom, Medina, Peltier, Roth, Scott and Townsend (participating remotely) and City Attorney Marshall to discuss Potential Litigation (RCW 42.30.11001)0) in the Planning Conference Room. The recording system was turned offand a notice was posted on the door to the Council Chamber. The executive Mayor Tollefson called the business meeting to order at 7:00 p.m. with Councilmembers Blossom, Medina, Peltier, Roth, Scott and Townsend (participating remotely) present. Records Management Coordinator Jahraus monitored the recording oft the meeting and 3. ACCEPTANCE OR MODIFICATION OF AGENDA /CONFLICT OF INTEREST DISCLOSURE 7:00PM Items E (Proposed Ecological Survey oft the Suzuki Property) and] F (Miller Road CORE 40 Project) added tol New Business.  session adjourned at 7:00 p.m. No action was taken.  2. CALLTOORDER. /ROLL CALL/P PLEDGE OF ALLEGIANCE 6:591 PM  prepared the minutes.  7:01PM  MOTION: Imove we accept the agenda as modified. ROTH/PELTIER: The motion carried? 7-0.    CITY COUNCIL BUSINESS MEETING TUESDAY, FEBRUARY 16, 2016 4. PUBLIC COMMENT 7:02 PM 5. CITY MANAGER'S REPORT 7:06] PM Proposed methanol plant in Tacoma Meeting with agencies on SR 305 Coffeel hour with City Manager 6. PUBLIC HEARING 7:55 PM  Steve. Johnsen, Lytle Road. Mr. Johnsen offered comment regarding public power and shared a document on utility comparisons.  Electric Municipilization Task Force meeting to finalize draft RFP  A. CAVE AVENUE WATERMAIN LATECOMER EXTENSION AGREEMENT, AB 16-015 Public Works Director Loveless addressed Council and explained latecomer agreements, also referred to as recovery contracts or reimbursement agreements. They allow aj property owner whol has installed utility or street improvements to recover aj portion oft the costs of those improvements from other property owners who later develop property and use the improvements. The Tawreseys entered into a city standard Developer Extension Agreement to install an upsized 8-inch water main along portions of Cave Avenue for the Cave Landing project. Subsequently, the Tawreseys have requested a city standard Latecomer. Agreement (LCA) tol provide ai mechanism to partially recover: some oft the capital costs from future new connections to the Cave. Avenue upgraded water The City notified properties within the delayed benefit charge area oft thel Latecomers. Agreement in accordance with BIMC 13.32.170 and received a request for a public hearing. Resolution No. 2016-02 set a public! hearing date ofl February 16, 20161 from the. January 19, There are three undeveloped properties abutting the new improvements that are considered within the delayed benefit charge area. The Latecomer. Agreement is for 15-years following Agreement effective date. Seei thel Latecomer Agreement included in the agenda packet  main.  20161 meeting. for further details.  Mayor Tollefson opened thej public hearing at 7:56 p.m.  Marcia Wicktom, one oft the owners oft the parcel on Cave. Avenue, declared they wanted: more information because ofconcerns on how the agreement was set up. The Wicktom' 's hired ai new attorney, Billl Broughton. Mr. Broughton communicated with Public Works Attorney Dave Weibel spoke on behalf oft the developers stating there has been ample opportunity to settle this agreement and does not  Director Loveless the desire tol keep the public hearing open until the March 8 business meeting.  know what will be accomplished with a continuance.  Mayor Tollefson declared thej public hearing opened and continued to the March 81 business meeting.  7. PRESENTATION  A. FOCUSEDTRAFFIC STUDY, AB 16-028- MIKE HENDRIX, PE WITH PERTEET, INC. 7:101 PM Mike Hendrix with Perteet addressed Council and provided al PowerPoint. Staffr receives numerous requests each year to evaluate speed limits and other traffic related issues on the Island. In addition to regularly conducting traffic evaluations inl house, the City commissions focused traffic studies to address more complex issues. Inl November of2015, the City contracted with Perteet Inc. to prepare ai focused traffic evaluation for signage and safety of thel High School Road corridor and for roadway speed limits in areas with  cut through traffic and/or non-motorized use. See studied locations and recommendations below:  High School Road from! Ferncliff to Grow - Prohibit parking in close proximity to roundabout, reconfigure on-street parking  tol back in, provide a warning light (RRFB) at the crosswalk near Hildebrand. Eagle Harbor Drive from McDonaldi to Taylor - Reduce speed limit from 35mph to 30mph. Lafayette Avenue from Euclid to Sunrise - Reduce speed limit from 35mph to 30mph. Manzanita Drive from Day tol Hidden Cove - Reduce speed limit from 35mph to: 30mph. Phelps Road from Madison to Hidden Cove- - Reduce speed limit form 40mph to 30mph. Intersection of Phelps and Euclid- - Install "cross traffic does not stop" warning signs. Sunrise Drive from Valley tol Day - Reduce speed limit from 35mph to 30mph. Sunrise Drive from! Day to Lafayette - Reduce speed limit from 35mph to 30mph.  Valley Road Maintain speed limit at 35mph.  2    CITY COUNCIL BUSINESS MEETING TUESDAY, FEBRUARY 16, 2016  Next Steps: recommendations. 7:49PM  Move forward with scheduling a speed limit reduction resolution via consent agenda and include the High School Road Safety Improvement work in the updated CIP for consideration in 20161 budget process. Work orders willl be processed toi implement signage  MOTION: Imove toj forward this item tot the March 8 business meeting under unfinished business  forj further discussion.  ROTH/PELTIER: The motion carried7-0.  8. NEW BUSINESS (PUBLIC COMMENT INVITED ON EACHITEM) STANDARDIZED SPEED LIMITS, AB 16-029 8:01 PM  A. NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE RECOMMENDATIONS: Thel Non-Motorized Transportation Advisory Committee (NMTAC) has proposed that the City adopt maximum speed limits Island-wide. In the urban zoned areas, the maximum speed limit would be 25-mph andi ini thes suburban zoned areas, the Speed is a risk factor in traffic accidents and thel likelihood and severity ofi injuries are greater when higher speeds are involved. This proposal is intended to enhance safety and reduce stress levels for non-motorized modes. The map included in the agenda  maximum speed limit would be 35-mph.  Packet shows roads that would be reduced from current 40-mph speed limits.  Next Steps:  Draft a resolution toi implement island-wide maximum speed limits, ifs supported by City Council.  MOTION: Imove that the City Council recommend City Staff movej forward with a resolution to implement  an island-wide maximum. speed limit. SCOTT/PELTIER: The motion carried 7-0.  Public Comment need  Andy Maron, urged Council to speak cautiously about this subject. It will require behavior change, more police. Suggested that we  to enforce the limits, notj just change them. Please add and improve bike lanes.  Lisa Macchio, Old Milll Road. Thanked the Non-Motorized Committee for bringing this forward. Demi Allen commented on the 85th percentile; too narrowly focused to have cars set the speed limit.  Ned Swenson asked about lane widths on Bainbridge widening from 10 feet to 11 feet. Are our present standards being maintained? Elisel Nelson, thanked Council for taking up this matter. Wei need tol look at traffic calming. Can we: make considerations for roads like Pamela Williams, Curtis Loop. Spoke to the speed limits from High School Road to Winslow Way. Speed limits need to be enforced. Ross Hathaway, Blakely Avenue and member of Squeaky Wheels. The 85th percentile is not human nature, iti is a learned behavior.  Battle Point? Marlene  hopes the study will include time of day speed limits.  We cannot just throw up: speed limit signs and expect it to come out smoothly. Thomas Alpaugh, stated the stats do not back up that there is aj problem. Jason Nelson, Sportsman Club] Road. Wel have to take the speed limits seriously.  B. COUNCIL ACCEPTANCE OF: 25TH ANNIVERSARY DONATION PLAQUE, AB 16-030 8:381 PM Citizen Charles Schmid and former member ofThel Home Rule Committee has offered to donate al bronze plaquel known as the 25th Anniversary Plaque commemorating the 25th anniversary of the creation of an All-Island government on Bainbridge Island. The wording shall read: "In Commemoration of the 25th Anniversary oft the creation ofa an All-Island Government on the 1st day of March, 1991 when the City of Winslow annexed and the unincorporated; part of] Bainbridge Island. Thei name ofthe City was later changed to "Bainbridge Island". Dedicated this 1st day ofN March, 20161 by members ofThe! Home Rule Committee (1988-1990) and  City Council (2016.)  3    CITY COUNCIL BUSINESS MEETING TUESDAY, FEBRUARY 16, 2016  The 8" x1 16" bronze plaque is tol be placed on the concrete wall outside the south entrance of City Hall. It willl bet the City's responsibility for thej placement and maintenance ofthe plaque and thet terms ofthe Agreement shall be five years.  MOTION:. I move that the City Council accept the 25th Anniversary. Plaque Donation. Agreement from Donor Charles Schmid in commemoration of the 25th Anniversary oft the creation ofo an All-Island  Government on the Ist day of March 1991. BLOSSOMIPELTIER: The motion carried 7-0.  RATIFICATION OF KITSAP COUNTY PROSECUTING ATTORNEY'S REQUEST FOR WAIVER OF CONFLICT OF INTEREST FORI HER: REPRESENTATION OF HOUSING KITSAP, AB 16-031 8:401 PM Inj previous years, Housing Kitsap (HK) has utilized private law firms to represent the organization. Thel Kitsap County Prosecuting Attorney's Office (KCPAO) has been asked to represent HK, as HK is a creation ofKitsap County. Becausel HK is comprised of member cities and) Kitsap County, thel HK attorney, as legal counsel for Kitsap County, may have a conflict ofinterest ifs she is asked to render legal advice to both HK and the County at the same time, and/or in the event HK's interests and the County's interests are not aligned. An example ofap possible conflict is the negotiation ofa contract by parties including member cities, Kitsap County, and HK. In such a case, the HK attorney would be replaced with another attorney for that issue so that thel KCPAO could provide The Rules ofl Professional Conduct (RPCs) allow clients to waive conflicts ofi interest when al lawyer reasonably believes the lawyer will be able toj provide competent representation to each affected client and each affected client provides written consent. The attached conflict ofi interest waiver constitutes such ai request for written consent. Because the KCPAO asked for written consent to be provided by February 8, 2016, the City Attorney requested that at least four oft the Council: members provide written consent to authorize the Mayor to execute the attached conflict waiver. Such written consent was duly provided, andi now the City Council is asked to ratify the  representation tot the County.  Mayor's execution ofthe waiver.  MOTION: Imove to ratify the Mayor's execution oft the Kitsap County Prosecuting Attorney's Office request for written consent and waiver ofi possible conflicts ofinterest to enable the KCPAO to provide legal  representation of Housing Kitsap. SCOTT/ROTH: The motion carried7-0.  D. ANNUAL PROCLAMATIONS, AB 16-032 8:421 PM Mayor to signt the following proclamations annually: Martin Luther King, Jr. Traumatic Brain Injury Awareness Day Meals on Wheels Kitsap Week Heritage Tree Month Volunteer Week Earth Day Arbor Day /Tree City Award Puget Sound Starts Here National Police Week Building Safety Month Public Works Week LGBT Pride Month Domestic Violence Awareness Month National Night Out Pancreatic Cancer Awareness Month  In an effort to streamline requests for annual proclamations, Mayor Tollefson has suggested City Council make ai motion to authorize the  When proclamations are received from outside agencies and/or citizens, they willl be presented during a regular business meeting.  8:441 PM  MOTION: Imove the City Council authorize the Mayor to sign! proclamations listedi ini the agenda bill  annually.  SCOTT/BLOSSOM: The motion carried 7-0.  4    CITY COUNCIL BUSINESS MEETING TUESDAY, FEBRUARY 16, 2016  E. PROPOSED ECOLOGICALSURVEY OF THE: SUZUKI PROPERTY [ADDED] 8:441 PM  8:44PM  MOTION:Imove toj forward this itemj for further discussion at the March 8 business meeting, forj further  discussion carried7-0.  PELTIERMEDINA: The motion carried 7-0.  F. MILLER RD. CORE 401 PROJECT |ADDED] 8:55PM  8:59PM  MOTION:Imove. to adopt Resolution. No. 2016-07, accepting ai Federal Highway. Administration Grant) for  the Miller. Road Core 401 Non-Motorized: Transportation Program Project.  ROTH/PELTIER: The motion carried? 7-0.  9. UNFINISHED BUSINESS! 9:001 PM  A. WYCKOFF-EAGLE HARBOR SUPERFUND SITE PREMISES POLLUTION. LIABILITY INSURANCE, AB: 16-014 In 2005, the City obtained a ten-year premises pollution liability (PPL) insurance policy on the City-owned property known as the Wyckoff/Eagle Harbor Superfund Site (hereafter "Wyckoff Site" or "Site"). The policy is scheduled to expire on February 27, 2016. The memorandum provided in the agenda packet includes an overview oft the purpose ofthe PPL policy and discusses the advisability of  procuring a subsequent 10-year PPLI policy.  9:041 PM  MOTION: I move to authorize the City Manager to execute the Beazley policy provided  hereinj for PPL insurance on the WyckaffSuperfund. Site. BLOSSOMROTH: The motion carried 7-0.  10.CONSENT AGENDA 9:05 PM A. CONSENT AGENDA COVERSHEET B. ACCOUNTS PAYABLE VOUCHER APPROVAL  Accounts Payable Manual Check Numbers 340521-340528, Regular Run Check Numbers 340529-340639 fora at total of$384,285.73. Retainage Release Check Numbers 143-144 fora at total of$20,724.48. Payroll Direct Deposit Check Numbers 035116-035227, Regular Run Check Numbers 107470-107475, Vendor Check Numbers 107476-107490, Miscellaneous Checkl Numbers 107491-107493, Vendor Check Number 10794 and Federal Tax Electronic Transfer for at total ofS632,757.03. C.R REGULAR CITY COUNCILSTUDY SESSION, JANUARY: 26, 2016 D. REGULAR CITY COUNCIL BUSINESS MEETING MINUTES, FEBRUARY2,2016 E. REGULAR CITY COUNCIL STUDY SESSION, FEBRUARY 9, 2016 F. 20161 POLICE VEHICLES PROCUREMENT CONTRACT, AB 16-021 the remaining budget for $78,667.36 to be used to upfit the new vehicles. Water Fund increasing the spending authority for this project.  Purchase ofthree Police patrol vehiçles and one parking enforcement vehicle in the combined amount of$141,332.64 from the Washington State! Department of Enterprise Services Center and approval of G. WATER SYSTEM PLAN, PROFESSIONAL SERVICES. AGREEMENT, AMENDMENT #1, AB 13-002 Approve the Professional Services Agreement Amendment No. 1 with Carollo Engineers, Inc. for $10,370.00 for the Water System Plan and approve al budget amendment for $10,700.00 from the  MOTION: Imove we accept the consent agenda items as presented.  SCOTT/ROTH: The motion carried7-0.  11. COMMITTEE REPORTS  A. ASSOCIATION OF WASHINGTON CITIES "CITY ACTION DAYS" CONFERENCE, JANUARY 27-28, 2016 B. NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE LIAISON NOTES, FEBRUARY 3, 2016 F.E ENVIRONMENTALTECHNICAL ADVISORY COMMITTEE LIAISON NOTES, FEBRUARY 10, 2015  C.HISTORICI PRESERVATION COMMITTEE LIAISON NOTES, FEBRUARY 4,2016 D. PUBLIC WATER ACCESS COMMITTEE LIAISON! NOTES, FEBRUARY 8, 2016 E.UTILITY. ADVISORY COMMITTEE LIAISON NOTES, FEBRUARY 8,2016 G. PLANNING COMMISSION LIAISON NOTES, FEBRUARY 11,2016  5    CITY COUNCIL BUSINESS MEETING TUESDAY, FEBRUARY 16, 2016  12. REVIEW UPCOMING COUNCIL, MEETING AGENDAS! 9:12P PM  A. UPCOMING MEETING CALENDAR 5:30-6:30-25th Anniversary Celebration Comprehensive Plan Update-Review and Status Review Financial Policies RFP for Feasibility ofMunicipal Electric Utility Proposed Ecological Survey oft the Suzuki Property  March1  March 8 3/22)  Discuss Next Steps for Suzuki Property (Info.) - Council Discussion Resolution Approving Ashbury (Wyatt Hills) Final Subdivision (Consider Action) Waterfront Park Construction Scheduling (Discussion) Ordinance Amending BIMC 1.26 Related to Code Enforcement (Info.) Interlocal Agreement with Kitsap County for City Surplus Vehicle (Info.) Interlocal Agreement with Clallam County for Emergency Vehicle Upfit (Info.)  Ordinance No. 2016-01, Tree & Landscaping Regulations Outside of thel MUTC, Ist reading (Consider scheduling public hearing  Proclamation Declaring March 2016 Traumatic Brain Injury Awareness Day (Consider Action) Presentation Cave Avenue Watermain Latecomer Extension Agreement, AB 16-015 Public Hearing still open from 2-16-16  Focused Traffic Study, AB 16-028 (Old Business) 13. FOR' THE GOOD OF THE ORDER 9:181 PM  None offered.  14. ADJOURNMENT 9:181 PM The meeting adjourned at 9:18 p.m.  Mayor  Ja  Kelly. Jahraus, Records Management Coordinator  4Opnar  6