CITY COUNCIL REGULAR MEETING TUESDAY-JANUARY5,2016  ITEMS DISCUSSED  1. EXECUTIVE SESSION: POTENTIAL LITIGATION (RCW4 42.30.110(1)0D)  2. CALLTO ORDER/ROLL CALL 3. FAREWELL AND OATH OF OFFICE CEREMONY 4. ELECTION OF MAYOR. ANDI DEPUTY MAYOR 6. PUBLIC COMMENT 8. UNFINISHED BUSINESS 9. NEWI BUSINESS  5. ACCEPTANCE OR MODIFICATION OF AGENDA/CONFLICT OF INTEREST DISCLOSURE 7. CITY MANAGER'S REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE B. DISCUSS THEI REVIEW AND SELECTION PROCESS FOR SUZUKI PROPERTY, AB 14-119 A. RESOLUTION NO. 2016-01, DECLARING SUPPORT FOR MUSLIM COMMUNITIES, AB 16-011 B. REQUESTTO PURCHASELIGHT DUTY WATERCRAFT WITHTRAILER, AB 16-008 - POLICE  A. CONSIDER FINAL DESIGN FOR CITY LOGO, AB 15-216  C. ORDINANCE NO. 2016-04, LOT COVERAGE LIMITATIONS ONI INSTITUTIONAL USES IN RESIDENTIAL ZONES, D. WYATT WAYI RECONSTRUCTION PHASE 1 MADISON-LOVELL) PROFESSIONAL SERVICES AGREEMENT, E. WINSLOW WAY RAVINE OUTFALL PROFESSIONAL SERVICES AGREEMENT, AB 16-006 F.CONSIDERATION OF CODE. AND: POLICY OPTIONS RELATING TO CITY PURCHASING AND CONTRACTING, G.ORDINANCEI NO. 2016-03, AMENDING BAINBRIDGE ISLAND MUNICIPAL CODE CHAPTER 9.07 REGARDING CONTROLLED SUBSTANCES, PARAPHERNALIA, AND TOXICI FUMES, TOI REFLECT CHANGES TOS STATE LAW, H. PROFESSIONAL SERVICES AGREEMENT WITH JOSEPH W.TOVAR, INTERIM PLANNING DIRECTOR, ORDINANCE NO. 2016-05, AMENDING BAINBRIDGE ISLAND MUNICIPAL CODE CHAPTER 2.24.070 J. MEMORANDUM: OF UNDERSTANDING BETWEEN THEI BAINBRIDGE ISLAND LAND TRUST AND THE BAINBRIDGE ISLAND METROPOLITAN PARKS ANDI RECREATION DISTRICT FOR MEIG'S PROPERTY,AB K.PROCLAMATION DECLARING JANUARY 18, 2016. ASI MARTIN LUTHER KING, JR. DAY, AB 16-012  AB 16-004 AB 14-114 AB 16-002 AB 16-003 AB 16-005  REGARDING COMPENSATION OF RESERVE OFFICERS, AB 16-009  16-010  L.I MORATORIUM ON DEVELOPMENT (ADDED) 11. REVIEW UPCOMING COUNCIL MEETING AGENDAS A. UPCOMING MEETING CALENDAR 12. FORTHE GOOD OFTHE ORDER 13. ADJOURNMENT  10. COMMITTEE REPORTS  A.UTILITY. ADVISORY COMMITTEE NOTES, DECEMBER 7AND 14,2015  1. EXECUTIVE: SESSION: POTENTIAL, LITIGATION (RCW 42.30.110(1)0)  Mayor Pro Tem Tollefson called an Executive Session to order at 6:30 p.m. with Councilmembers Blossom, Medina, Peltier, Roth, Scott and Townsend and City Attorney Marshali to discuss Potential Litigation (RCW 42.30.110()0)in the Planning Conference Room. The reçording system was turned offa and a notice was posted on the door to the Council Chamber. The executive session Mayor Pro Tem Tollefson called the meeting to order at 7:00 p.m. with Councilmembers Blossom, Medina, Peltier, Roth, Scott and Municipal Court. Judge Saral McCulloch issued the Oath ofOffice to newly elected Councilmembers Peltier and Medina and re-elected  adjourned at 7:00 p.m. No action was taken. 2. CALLTOORDER/ROLL CALL7:021 PM  Townsend present.  3. FAREWELL. AND OATH OF OFFICE CEREMONY 7:03PM 4. ELECTION OF MAYOR. AND DEPUTY MAYOR 8:03 PM Councilmember Blossom Deputy Mayor for the first six months of2016 carried 7-0.  Councilmembers Blossom and Scott.  The motion to elect Councilmember Tollefson for at two-year term ending December 2017 carried 7-0; a motion to elect    CITY COUNCIL REGULAR MEETING TUESDAY . JANUARY 5,2016  5. ACCEPTANCE OR MODIFICATION OF AGENDA/CONFLICT OF INTEREST DISCLOSURE 8:081 PM Councilmember Townsend requested to add Item) LI under New Business, Discussion of Moratorium on Development.  MOTION:. Imove to accept the agenda as modified. TOWNSENDSCOTE The motion carried7-0.  6. PUBLIC COMMENT 8:10 PM 01 (Declaring Support for Muslim Communities.)  Community members Lily Kodama, Marsha Cutting, Susan Wilmot and Clarence Moriwaki all spoke in support of Resolution 2016- 7. CITY MANAGER'S! REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE: 8:10P PM City Manager Schulze reported that at the recommendation ofthe Comprehensive Plan Steering Committee, City staff would be notifying the State of Washington Department of Commerce of the need to extend the Comprehensive Plan deadline from June 30, 2016 tol December 31, 2016. Key reasons why the extension is needed is that although thel Planning Commission is making great progress, adjusting the project schedule will allow more time necessary for public participation and Planning Commission  deliberation.  8. UNFINISHED BUSINESS  A. CONSIDER FINALDESIGN FOR CITY LOGO, AB 15-2168:16PM  Community Engagement Specialist Stickney addressed Council. At the City Council meeting on Tuesday, December 8, City staff revealed two new features of the community identity project efforts: 1) the final design for the community logo for Bainbridge Island, and 2) two versions ofa City corporate logo. During the meeting, the Council requested further time to review the options for the City The proposed artwork and comments received from the public as of December 30, 2015 are included ini the agenda packet. Martin Stever, Commodore Lane, stated that ar red/black or blue/green combination should not be used because people who are color  corporate logo, and gather feedback from the public.  Public Comment: blind cannot see the colors.  Dave Henry doesn't favor any of the designs and asked what's the rush?  Tami Meter agreed with Dave Henry. any possible designs.  Paul Fried, stated that there are probably many. graphic designers on thei island that would be willing toi form a focus group to review  MOTION: I move that the City Council adopt the City logo. B as discussed. ROGER/KOL: The motion carried 4-2 Blossom/TOllefson: Roth abstained.)  B. DISCUSS THE REVIEW AND SELECTION PROCESS FOR SUZUKI PROPERTY, AB 14-1198:32: PM City Manager Schulze introduced the agenda item. On September 1,2 2015, the City issued an RFP seeking proposals from interested parties for the development of the City-owned Suzuki property, located on thes southeast corner ofNE1 New Brooklyn Road and Sportsman Club Road. The City's goal for the site is a project that is compatible with the surrounding residential uses and will The deadline for responses to thel RFP was November 30, 2015. Thei following four submissions were received:  enhance and benefit the neighborhood and community.  1. - Bainbridge Island Metro Park and Recreation District 2. Blue. Architecture + Interiors 3. Housing Resources Bainbridge/Housing Kitsap 4. Olympic Property Group/Davis Studio Architecture +1 Design  The City now must decide on a review and selection process that involves community input andj participation. Staffi is proposing the  following:  2    CITY COUNCIL REGULAR MEETING TUESDAY- -JANUARY5,2016  Community Open House and Workshop: Tentatively scheduled for Wednesday, January 27, the event would begin with al half-hour open house. A "station" would be set upf for each: submittal, at which community members would have the opportunity to meet the applicants to discuss their proposals and view displays. After the open house, each applicant would present his or her proposal, followed by a Q&A session with the community, moderated by the City's Public Engagement Specialist. Public outreach for the Open The Open House/Workshop would be followed with a City Council review session in February, with formal presentations ofe each proposal and an opportunity for the Council to ask questions. This session could be aj part ofar regular Council meeting, or scheduled Staffis seeking direction from the Council regarding the timing and format oft the meetings described above, as well as next steps in  House/Workshop would be as broad as possible, to solicit the maximum public participation.  asas special study session of the Council. the decision-making process. Public Comment podium.  Jonathan Davis, one oft the proposers, supports al large-scale presentation.  Martin Stever, stated that there has to be a time when the public can talk to the candidates. He says there is bias coming from the  Marshall Tappen suggested the addition ofaf fifth table for community concerns.  Susan Riley asked that reasonable efforts be made toi not schedule any oft these meetings during the mid-winter break.  Andre Lorenz thanked Council for notl havingi information "crammed down his throat." Does not want the property rezoned; build itt to  R2.  MOTION: I move to hold three meetings:  1.Astudy session ofthe City Councilj for half hour, presentations by each of the four developers and approximately 15 minutes of questions by Councilmembers, which would be a. 3-hour study 2. The second meeting would be a community open house and workshop with. shortened. 15 minutes presentations by each oft thej four proposers and then tables) for each of thej four. 3. Third meeting would be a study session oft the City Council to hear public comment on thej four Reasonable efforts will be made to avoid scheduling any oft these meetings during the mid-winter  session. proposals. break.  SCOTT/ROTH: The motion carried 7-0.  9. NEW BUSINESS  A.F RESOLUTION NO. 2016-01, DECLARING SUPPORT FOR MUSLIM COMMUNITIES, AB 16-011 9:01 PM Mayor Tollefson introduced the resolution. Terrorist incidents in the United States and elsewhere in the world have resulted in inflammatory anti-Muslim rhetoric in the national press and elsewhere. In several instances, the treatment of. Japanese- Americans who were forced from their West Coast homes into concentration camps in 1942 has been pointed to as ai model to justify exclusion of! Muslims seeking refuge in our Country. In early December, a group ofIslanders seized on the unique history of] Bainbridge Island in the. Japanese American exclusion and crafted an eloquent petition making clear that our Country should not allow itselfto repeat that sad mistake. The City Council was asked to consider incorporating the language oft that private petition into ai formal resolution oft the City. Ati its December 81 meeting, the Council informally agreed that it would Since December 8, the City of Seattle City Council and Mayor adopted a similar Resolution. Also, on December 14 a large group ofl Islanders gathered at the Bainbridge Island. Japanese American Exclusion Memorial in a vigil inspired by their petition, and their wish to show support for our Muslim friends and neighbors. A proposed Resolution is included in the Agenda packet.  consider such al Resolution.  Public Comment  Paul Fried, Capstone, suggested a mosque be built on Bainbridge Island.  Sue Wilmot supports this resolution.  Marcia Cutting offered that 720 people have signed a petition supporting this resolution.  3    CITY COUNCIL REGULAR MEETING TUESDAY-JANUARY5,2016  Anita Rockefeller said iti is critical to support this message to the larger world. Clarence Moriwaki, very grateful that council is proposing this resolution.  Lily Kodama was seven years old and was part of the first group removed from the island in 1942.  MOTION: I move the City Council approve Resolution. No. 2016-01.  ROTH/SCOTT: The motion carried7-0.  B. REQUESTTO PURCHASE LIGHT DUTY WATERCRAFT WITHTRAILER, AB 16-008 9:14PM The Bainbridge Island Police Department's current and only marine vessel, a 33' Safeboat powered by three Mercury Verado 250hp engines, is excellent for its intended purpose ofsearch and water rescue, patrolling, homeland security exercises, and] large-scale events and operations. The boat is well maintained, very, powerful, and an integral part of our ability to police the island, but operating the vessel requires a significant amount of work force and fuel. The department wishes toi invest in a second watercraft; a smaller, more nimble vessel with a single outboard motor in order toj perform certain operations that are better suited for this type of craft. The smaller vessel can be manned by one person, utilizes ai fraction oft the fuel, is able to navigate much shallower inland waterways, and is better suited for day to day overwater operations such as enforcing boating rules andi regulations, investigating vessel theft and title fraud, conducting boating safety campaigns, andi investigating boating accidents. Additionally, the Harbormaster will be able to use this vessel toi identify and remove derelict vessels, perform buoy inspections, and assist with emergency pump out The department was recently made aware ofa vessel available through Klickitat County, which is very well suited for our purposes. The vessel is a 1994 18' aluminum Silver Streak with at two-stroke engine and comes with ai trailer. Klickitat County is looking for $6,000 fort the boat, engine and trailer. Because two-stroke engines are nearly obsolete, the department requests authorization for an additional $10,0001 to replace the engine with a new four-stroke, likelya Suzuki 115 horse, in 2016. That engine retails for about $8,000 and the additional funds would be usedt to clean, service, and upfit the equipment for our use. Ini total, we respectfully request  operations.  the amount of$16,000 for this unplanned expense. Paul Fried, Capstone, fully supports this motion.  Public Comment  Dave Henry questioned the whereabouts of the boat that was: stored behind the fire station on Bucklin Hill.  MOTION: I move that the City Councilj forward the requested expenditure in the amount of  $16,000 to the. January 19, 2015 Consent. Agenda. TOWNSEND/BLOSSOM: The motion carried7-0.  C.ORDINANCE NO. 2016-04, LOT COVERAGE LIMITATIONS ON INSTITUTIONAL USES IN RESIDENTIAL Thel Bainbridge Island Fire Department willl be constructing two new: fire stations at the current locations of Station 21 (Madison Ave.) and Station 22 (Bucklin Hill Rd.) Under the current schedule, construction of Station 21 would begin in fall of2016 and be completed Both of the sites are located in residential zones. The Bainbridge Island Municipal Code (BIMC Section 18.09.020, Use Table) requires a Conditional Use Permit for institutional uses (educational facilities, governmental facilities, health care facilities, cultural and religious facilities) that are sited ini residential zones. Zoning definitions can be found in BIMC: Section 18.36.030. Examples of  ZONES, AB 16-004 9:22F PM  ina approximately 12 months. Construction of Station 22 would begin once Station 21 is completed.  such institutional uses are:  Educational: Public or private school, educational or training school or institution. Governmental!: Federal, state, local government or special purpose district institutions.  Health Care: Hospital, assisted living or doctors' office.  Cultural: Museums and galleries, community or cultural centers (e.g. Filipino-American Hall), libraries, convention center or Thel Municipal Code further requires that the lot coverage fors such uses be limited to 50% of the underlying lot coverage provided for the residential zone (BIMC Section 2.16.110.E.7)." "Lot Coverage" means the portion oft the total lot area that is covered by buildings. This additional requirement means that ifthe lot coverage in a residential zone is 20%, an institutional use would be limited to 10%1 lot coverage. The one exception provided by thel BIMC is that public schools may achieve the full allowable lot coverage.  meditation facilities.  4    CITY COUNCIL REGULAR MEETING TUESDAY-JANUARY5,2016  During thei initial review process oft the Fire Department's proposed new stations, it was determined that restricting the lot coverage as described above would make iti impossible to complete the projects as planned, and that redesigning the facilities to meet the reduced The City Council discussed this issue at thel December 8, 2015 meeting, and added review oft this section of code to thel Planning Section BIMC2.16.110.E. has seven additional criteria that apply to these four types ofinstitutional uses ini residential zones. Subsection E.7, the reduced lot coverage provision, does not apply to public schools. DRAFT Ordinance 2016-04 is currently written broadly and eliminates subsection E.7 entirely. This would mean that all types ofi institutional uses in residential zones would be able to achieve the full allowable lot coverage. Alternatively, depending on the policy direction provided by the City Council, the ordinance could be written narrowly to respond to the Fire Departments' concern by adding a second exception to subsection E.71 for  lot coverage would unacceptably reduce the functionality of the stations.  Department's January 2016 work plan. Ordinance 2016-04  "governmental facilities" or "emergency response facilities". Straw poll yes everyone like the: fire dept.  Public Comment  Russ Hamlin, is on thel board at Hyla and has an interest in IslandWood and Island School; wants all education facilities exempt,  Charles Schmid, stated this should have gone through the Planning Commission.  Luke Carpenter, BIFD, said the fire department is beginning the development phase in their design.  MOTION:. Imove that City Council forward Ordinance No. 2016-04 to the. January 19, 2016 consent agenda with the modification to exempt government) facilities from the lot  coverage reduction.  BLOSSOMPELTIER: The motion carried7-0.  D.WYATT WAY RECONSTRUCTION PHASE 1( MADISON-LOVELD: PROFESSIONALSERVICES Public Works Director Loveless introduced the agenda item. The Wyatt Way Reconstruction Phase 1 project consists ofr roadway resurfacing, intersection capacity improvements at Wyatt and Madison, and sidewalks and bike lanes on each side ofther roadway The City solicited statements of qualifications for the Wyatt Way Reconstruction Phase 1 design by advertising in thel local newspapers. Nine consultants responded to the advertisement andl MIG/SVR Design Company was selected as the most qualified consultant to design the project in the amount of$ TBD. See attached agreement and scope of work for further details. Note: The agenda bill and professional services agreement to be finalized at the. January 19,2 20161 Business Meeting.  AGREEMENT, AB 14-114 9:481 PM  between Madison and Lovell.  MOTION: I move that the City Council forward the Professional. Services. Agreement with MIG/SVR Design Company in the amount of STBD for the Wyatt Way Reconstruction Phase 1 (Madison-Lovel!), project design to the. January 19, 2016  unfinished. business agenda. SCOTT/ROTH: The motion carried 7-0.  E.WINSLOW WAY RAVINE OUTFALL PROFESSIONAL SERVICES AGREEMENT, AB 16-006 9:51 PM Public Works Director Loveless introduced the agenda item. The existing 18-inch outfall located west of Highway 305/Winslow Way discharges into Ravine Creek on the south side of Winslow Way. A recent hydraulic analysis of the outfall determined that the outfall pipe requires capacity improvements to accommodate future increased flows from the planned Sound to Olympic Trail project. Thej proposed improvements will provide as secondary overflow pipe or an upsized pipe that discharges at the base oft the slope, sized The City solicited statements of qualifications from the Consultant Roster and Saez Consulting Engineering, Inc. was selected as the most qualified consultant to design the project. The agreement and scope of work can be found int the agenda packet.  to accommodate existing and future development within the basin.  MOTION: Imove that the City Council forward the design Professional Services Agreement with Saez Consulting Engineering, Inc. in the amount of854,271.00 for the Winslow Way. Ravine Outfall project toi the. January 19, 2016 consent agenda.  ROTH/SCOTT: The motion carried 7-0.  5    CITY COUNCIL REGULAR MEETING TUESDAY-JANUARY5,2016  .CONSIDERATION OF CODE. AND POLICY OPTIONS RELATINGTO CITY PURCHASING AND City Attorney Marshall introduced the agenda item to consider repealing BIMC Chapter 3.70, Contracts for Services other than Public Works, and: 3.72, Purchasing and Public Works Procedures, and adopting in their place a comprehensive procurement policy. Staffi is bringing forward an item relating to purchasing and contracting. BIMC Chapter 3.70, relating to contracts for services other than public works, and BIMC Chapter 3.72, relating to purchasing and public works procedures, set forth the City's purchasing and Int the past several years, Council members have expressed interest in having fewer contracts, particularly for spending that is within approved budget authority, come before them for approval. Public Works staff have also requested updates to thel Bainbridge Island Municipal Code toj provide clarity and improve efficiency. Issues that staff would like to address in an update include:  CONTRACTING, AB 16-002 9:551 PM  contracting procedures.  City Manager's contract authority Surplus authority  Purchasing authority for supplies, materials and equipment ($10,0001 limit currently) Clarification of change order approval process (public works contracts only)  Administrative approval of contract amendments that simply extend the term (could apply to any contract) Guidance to staff on procedures to use for projects which are less than the dollar amount oft thei required competitive bidding The City Manager's contract authority is currently $30,000. Raising the City Manager's contract authority to $35,000 would match the amount set forth in state law for limited public works contracts. Further increasing the contract authority to $50,000 would streamline the Council's agenda. In: 2014 and 2015, increasing the contract authority to $50,000 would have reduced the number of agenda items by 12 and two, respectively. Granting the City Manager surplus authority andi increasing the purchasing authority to  limits  match the contract authority would further reduce thei items requiring Council approval.  There are several options to achieve this aim:  Option One: amend the City'sr municipal code (code), and retain the guidelines within the code. The existing code could be updated to clarify purchasing and contracting policies and address the issues listed above. A section would be added tot the code relating to the City Manager's authority, and the section pertaining to change orders, which staff! have found difficult toi interpret, would bei re- With this option, staff would bring to Council an ordinance to amend the existing code language and the guidelines would remain in Option Two: repeal Chapter 3.70 and Chapter 3.72 andi implement aj purchasing policy. Currently, Chapters 3.70 and: 3.72 repeat provisions that are almost entirely set forth in state law. There is no need toi repeat the requirements in our code, ands summarizing key provisions relating to bidding and contracts in a policy would provide staff with guidance that is more user friendly. With this option, staff would bring to Council an ordinance to repeal two current chapters of the code. As a separate but concurrent item, staff would develop and bring to Council aj purchasing and contracting policy for consideration. Option Three: amend the City's code and implement aj purchasing policy for staff. Thej purchasing and contract provisions would remain in the Code with updates approved by Council, and aj purchasing policy would provide guidance to staffi in interpreting the Staff recommendation: Staffrecommends that Council repeal Chapters 3.70 and 3.72 of thel Bainbridge Island Municipal Code and adopt in their place a comprehensive procurement policy that would cover all aspects of purchasing and contracting. Staff recommends this option because the existing BIMC Chapters 3.70 and 3.72 repeat some, but not all, of state law; the piecemeal incorporation ofsegments of state law is neither necessary nor efficient. Procurement policies established outside the BIMC will  written. the code.  provisions.  serve as a guide for personnel and the community and may easily be amended or revised. IfCouncil concurs, staff willl bring forward aj proposed policy for discussion in February 2016.  6    CITY COUNCIL REGULAR MEETING IUESDAY-JANUARY: 5,2016  MOTION: Imove the City Council direct siaff to prepare legislation to repeal Chapter 3.70 and Chapter 3.72 (Option. 2) oft the Bainbridge Island Municipal Code andt to  develop aj purchasing policy for Council consideration. MEDINA/SCOTT: The motion carried7-0.  G.ORDINANCE NO. 2016-03, AMENDING BAINBRIDGE ISLAND MUNICIPAL CODE CHAPTER 9.07 REGARDING CONTROLLED SUBSTANCES, PARAPHERNALIA, AND' TOXIC: FUMES, TO REFLECT City Attorney Marshall addressed Council. In 2014, the State of Washington passed I-502 legalizing marijuana. In 2015 (Laws of 2015, 2nd Spec. Sess., Ch. 4, Section 1602), the State Legislature repealed RCW 69.50.425 establishing mandatory minimum penalties for possession of marijuana andj possession of drug paraphernalia. This change became effective July 1,2015. Following the repeal of RCW 69.50.425, possession of marijuana and use of drug paraphernalia are now simple misdemeanors, with maximum penalties of90 days in custody and a $1,000 fine. There are no longer any mandatory minimum penalties for these offenses. The attached Ordinance 2016-03 revises BIMC 9.07 tob bringi iti into compliance with the repeal ofRCW 69.50.425. The ordinance also adopts RCW 69.50.4014, not) previously adopted by thel BIMC, which makes possession ofu up to 40 grams of marijuana (1.41 ounces) a misdemeanor. Note that under RCW 69.50.360(3)iti is not illegal to possess (a) One ounce of useable marijuana; (b): Sixteen ounces of maryuana-infused product in solid form; (c) Seventy-two ounces of marijuana-infused product in Should the City wish to adopt mandatory minimum penalties such as those repealed by RCW 60.50.425, it may do: sO. However, the DRAFT Ordinance 2016-03 does not establish mandatory minimum penalties to remain consistent with the State Legislature's most  CHANGESTOSTATE LAW, AB 16-003 10:04) PM  liquid form; or (d) Seven grams ofmarijuana concentrate.  recent enactment in HB 2136.  MOTION: I move the City Council forward Ordinance. No. 2016-03 to the January 19, 2016  consent agenda.  SCOTT/ROTH: The motion carried 7-0.  H. PROFESSIONALSERVICES AGREEMENT WITH JOSEPH W. TOVAR, INTERIM PLANNING DIRECTOR, City Manager Schulze introduced the agenda item. The City desires tol hire. Joseph W. Tovar for consulting services on an interim basis to perform the duties of thel Director of Planning and Community Development during the time generally between mid-January Mr. Tovar has the expertise and experience to provide said services and is willing to do soi in accordance with the terms and conditions  AB 16-005 10:09 PM and mid-March of2016. ofthe proposed Agreement.  MOTION: Imove the City Council approve the professional. services agreement with. Joseph W.  Tovar and authorize the City Manager to execute the agreement. BLOSSOMIPELTIER: The motion carried7-0.  ORDINANCE NO. 2016-05, AMENDING BAINBRIDGE ISLAND MUNICIPAL CODE CHAPTER 2.24.070 City Attorney Marshall addressed Council. The City of] Bainbridge Island utilizes reserve police officers pursuant tot the requirements ofBIMC Chapter 2.24. Reserve officers are volunteers, they are compensated only under certain circumstances, and they are not The City's Municipal Court Security Officer (a detention officer) also serves as a security officer for City Council: meetings. The U.S. Department ofLabor has determined that, under the FLSA, a detention officer may not volunteer as a security or safety officer for the same public agency in which he is employed as a detention officer. In order to remain compliant with the FLSA, revisions tol BIMC 2.24.070 are necessary to establish that a detention officer performing volunteer safety or security functions for the City must be paid  REGARDING COMPENSATION OF RESERVE OFFICERS, AB 16-009 10:14PM  governed by the Civil Service Commission, BIMC2.28.  for the reserve duties.  MOTION: Imove the City Council forward Ordinance No. 2016-05 to the. January 19, 2016  consent agenda.  BLOSSOMASCOTT: The motion carried7-0.  7    CITY COUNCIL REGULAR MEETING TUESDAY-JANUARY5,2016  J. MEMORANDUM OF UNDERSTANDING BETWEEN THE BAINBRIDGE ISLAND LAND' TRUST. ANDTHE BAINBRIDGE ISLAND METROPOLITAN PARKS AND RECREATION DISTRICT. FOR MEIG'S PROPERTY, City Attorney Marshall addressed Council. The City Council has directed that the City-owned portion Meigs Park- also known by and hereafter referred to as Meigs Farm" be transferred to the Bainbridge Island Metropolitan Park and Recreation District (BIMPRD). The! BIMPRD currently owns parcels adjacent to Meigs Farm that are used for park purposes and public access. See The Bainbridge Island Land Trust (BILT) is the Grantee ofaj perpetual conservation easement dated August 27, 1992 on Meigs Park and Meigs Farm. The conservation easement preserves and protects the conservation values on thej property and enumerates permitted uses. On October 5, 2009 thel BILT and thel BIMPRD entered into al Memorandum of Understanding (the "2009 MOU") which articulatedi thej parties' understanding that (1) thel BIMPRD-owned Meigs Park is currently being used for park purposes and that the conservation easement: requires revision to reflect such uses; and (2) the City contemplates the transfer of Meigs Farm to the BIMPRD at a date in the future and the conservation easement requires revision to reflect the agreed-upon uses ofl Meigs Farm. The Int the process of drafting the documents necessary to transfer Meigs Farm to thel BIMPRD, the City recognized the need to reserve easements on Meigs Farm for (1) access to and protection ofa well located on Meigs Farm and (2) the future Sound to Olympic Trail parallel to SR-305. See Exhibits Ca and D attached hereto, The BILT requested the City's execution oft the attached DRAFTMOUin order to formalize the understanding among the BILT, thel BIMPRD, and the City that the conservation easement will require revision to reflect the retention oft these easements. The City does not anticipate the expenditure of staff resources in amending the conservation easement, but expects that the BILT and thel BIMPRD will work jointly on this effort without the City'si involvement, as The motion is phrased to authorize the City Manager to execute thel MOU in 'substantially the same form" as included in the packet; while the parties do not expect substantive changes to the MOU, iti is currently in DRAFT: form and may be subject to non-  AB 16-010 10:15PM  Map of Meigs Park and Farm, Exhibit A.  City was not aj party to the 20091 MOU. The 20091 MOU is included ini the agenda packet as Exhibit B.  thel BIMPRD will soon be owner ofa all the property affected by the conservation easement.  substantive edits.  MOTION: Imove the City Council authorize the City Manager to execute al Memorandum of Understanding in substantially the samej form as ini the attached. DRAFTMOU.  BLOSSOMIPELTIER: The motion carried7-0.  K.PROCLAMATION DECLARING JANUARY 18, 2016 ASI MARTIN LUTHER KING, JR. DAY, AB 16-012 10:221 PM  MOTION: Imove to approve the proclamation declaring. January 18, 2016 as Martin. Luther  King. Jr. Day.  SCOTT/PELTIER: The motion carried 7-0.  L.M MORATORIUM ON DEVELOPMENT (ADDED)  Because of the lateness of the hour, public comment was accepted; the agenda item willl be discussed at the next Council meeting on  January 19. Public Comment  Jeff Thornburgh, wants to make sure this well vetted because ofa ripple effect for many people.  Kelly McDonald, Crystal Springs, this moratorium needs to be given a lot of consideration. Even talking about iti is ascary  proposition. It has broad ramifications. 10. COMMITTEE REPORTS 10:31 PM  A. UTILITY ADVISORY COMMITTEE NOTES, DECEMBER 74 AND 14, 2015 11.1 REVIEW UPCOMING COUNCIL MEETING AGENDAS 10:31 PM A. UPCOMING MEETING CALENDAR Moratorium on Development Public Records Act/Open Public Meetings Act" Training Wyckoff Site Pollution Premises Insurance (Info.) Fire Operational Permits (Info.) moved from 1/5  Wyatt Way Reconstruction Phase 11 Professional Services Agreement Award (Consider Action) Unfinished Business  8    CITY COUNCIL REGULAR MEETING UBSDAY-ANUARYS206  New Brooklyn and Lynwood Center Sewer Basin Study Professional Services Agreement #2 (Consider. Action) moved from 1/5 Resolution No. 2016-02, Setting al Public Hearing Date for Cave. Avenue Watermain Latecomer. Agreement - Added Ordinance No. 2016-03, Amending Bainbridge Island Municipal Code Chapter 9.07 Regarding Controlled Substançes,  Tentative  HSF/LTAC Professional Services Agreements (Consider. Action)  Paraphernalia, and' Toxic Fumes, tol Reflect Changes to State Law (Consider. Action) Winslow Way Ravine Outfall Professional Services Agreement (Consider Action) Bucklin Hill Phase II Core 401 Professional Services Agreement (Consider Action)  City Manager's Evaluation (Consider Action) 12. FOR' THE GOOD OF THE ORDER 10:35 PM  Councilmember Roth announced that both the Public Water Access Committee and ETAC are without Council liaisons. Att the  Council advance on January 21, further discussion willt take place to determine liaisons.  13. ADJOURNMENT 10:371 PM Mayor Tollefson adjourned the meeting at 10:37p p.m.  Mayor  1A624  olyn  Kelly Jahraus, Records Management Coordinator  GAba  9