CITY COUNCIL REGULAR STUDY SESSION  SEPTEMBER 1,2015  ITEMS DISCUSSED  1, EXECUTIVE SESSION  A. REVIEW PERFORMANCE OF ANI EMPLOYEE, (RCW 42.30.110.1(G); COLLECTIVE BARGAINING NEGOTIATIONS, ISSUES, OR PROCEEDINGS (RCW 42.30.110(140); POTENTIALLITGATION (RCW  42.30.110(1)0) 2. CALLTOORDER/ROLL CALL 4. CITY MANAGER'S REPORT 5. STAFF INTENSIVE  3. ACCEPTANCE OR MODIFICATION OF AGENDA/CONPLICT OF INTEREST DISCLOSURE  A. RESOLUTION NO. 2015-05, AMENDING THEI PLANNING AND COMMUNITY DEVELOPMENT (PCD) B. ORDINANCE NO.2015-23 RELATING TO WIRELESS COMMUNICATION FACILITIES; ADDING NEW CHAPTERS 18.10 AND 18.11TOTHE BAINBRIDGE ISLAND! MUNICIPAL CODE, AB 15-159 D. ORDINANCE N0.2015.0L,ADOPING Al NEWI BIMC CHAPTER 15.30, TRANSPORTATION IMPACT FEES, E. RADIO FREQUENCY USE. AGREEMENT BETWEEN WASHINGTON STATE: PATROL AND' THE G. ORDINANCE NO. 2015-29, RELATING TOI ENGINEERING DESIGN AND CONSTRUCTION STANDARDS,  ADMINISTRATIVE MANUAL, AB 15-115  . FIRE SAFETY SERVICES INTERLOCAL AGREEMENT, AB 15-161 BAINBRIDGE ISLAND POLICE DEPARTMENT, AB 15-158 F. SEWER PRE-DESIGN STUDIES BUDGET AMENDMENT, AB 15-163 AMENDING ORDINANCE NO. 94-29, AB 15-160 6. COMMITTEB REPORTS 7. REVIEW UPCOMING COUNCIL MEETING AGENDAS A. UPCOMING MEETING CALENDAR 8. FOR THE GOOD OFTHE ORDER 9. ADJOURNMENT . EXECUTIVE SESSION 6:001 PM (RCW 42.30.110()8)  AB 15-048  A, POTENTIAL LITIGATION (RCW 42.30.110(1)0); COLLECTIVE BARGAINING NEGOTIATIONS, ISSUES OR PROCEEDINGS (RCW 42.30.140); REVIEW THE PERFORMANCE OF AN EMPLOYEE Deputy Mayor Scott adjourned the meeting to an executive session at 6:001 p.m. with Councilmembers Blossom, Bonkowski, Roth, Tollefson, Townsend and City Attorney Marshall to discuss Potential Litigation (RCW 42.30.110(1)0); Collective Bargaining Negotiations, Issues or Proceedings (RCW 42.30.140); and Review the Performance of an Employee (RCW 42.30.110(1)8). The recording system was turned offa and a notice was posted on the door ofthe Council Chamber, The Deputy Mayor Scott called the meeting to order at 7:01 p.m. with Councilmembers Blossom, Bonkowski, Roth, Tollefson and Townsend present. Mayor Blair was absent and excused. Records Management Coordinator Jahraus monitored the recording of 3. ACCEPTANCE ORI MODIFICATION OF AGENDA/CONFLICT OF INTEREST DISCLOSURE 7:021 PM  executive session adjourned at' 7:00 p.m. No action was taken. 2. CALL TO ORDERI /ROLL CALL7:01 PM ther meeting and prepared the minutes.  MOTION: I move we accept. the agenda as presented. BONKOSKIROTH: The motion carried 6-0.  4. CITY MANAGER'S REPORT 7:02PM City Manager Schulze reported two items,  BKAT is resurrecting its citizen advisory committee. The Public. Access Citizens Advisory Committee seeks volunteers to act as part of an advisory board to the City of Bremerton Council, thel Mayor of Bremerton and the Kitsap County Commissioners; and promote and develop optimal utilization oft the Public. Access Television The City ofBainbridge Island has received Outstanding Performance Award from thes state Department of Ecology  system.  for perfect performance in 2014.  1    CITY COUNCIL REGULAR STUDY SESSION SEPTEMBER 1,2015 5. STAFF INTENSIVE 7:041 PM  A. RESOLUTION NO. 2015-05, AMENDING THE PLANNING AND COMMUNITY DEVELOPMENT (PCD) Planning and Community Development Director Cook addressed council. The Administrative Manual oft thel Department of Planning and Community Development, adopted in November 2011 (the "Administrative Manual"), is designed to be a user-friendly manual that contains submittal requirements, land use applications, and supporting documents for land use permits all in one place. The Department has identified several updates and revisions to the Administrative Manual, originating from a variety of efforts such as the: Update to the Shoreline Master Program (see new Manual Section' T and new Appendices 5 and 6);  ADMINISTRATIVE MANUAL, AB 15-115  Work of the Tree Ordinance Ad Hoc Committee (see Sections B and D); and Work oft thel Design Review Board (see Sections B and C).  In addition, the department has identified several errors and/or omissions in the current Administrative Manual that are corrected byt this update, shown in trikethrough/underline format. This includes new Manual Section Q: Submittal Requirements  for Farm Management Plans. 7:09PM  MOTION: Imove the City Council forward. Resolution No. 2015-05, Amending the Planning and Community Development (PCD). Administrative Manual to the  September 8, 2015 Consent Agenda. BLOSSONBONAONSAA The motion carried 6-0.  B. ORDINANCE NO. 2015-23 RELATING TO WIRELESS COMMUNICATION FACILITIES; ADDING NEW CHAPTERS 18.10 AND 18.11 TOTHE BAINBRIDGE ISLAND MUNICIPALCODE, City Attorney Marshall introduced the agenda item and provided al PowerPoint. The City Manager had been tasked by the City Council to improve wireless and cellular coverage on Bainbridge Island in 2015. Poor wireless coverage on Bainbridge Island continues be aj primary complaint from citizens heard by the City Manager. The City's current regulations for the siting of new wireless facilities and for the modification of existing facilities is located in BIMC 18.09.030(F)(3). These regulations were adopted on May 1, 1997. Since then, wireless engineering and technology has changed dramatically and BIMC 18.09.030(F)(3) is noti in compliance with existing Federal law. Current regulations categorize wireless facilities into as  AB 15-159 7:10PM  follows:  Facility 1: Permitted in all zones but must be located on buildings, structures.  Height and area must not exceed 580 square inches, and facilities must be separated by 5001 linear Facility II: Permitted in R-.4m, Winslow Mixed Use Center, HSR 1 and 2, WD-1, on buildings and other Facility III: Permitted in R-.4, B/I, WD-1. Height limitation is 15 feet ifcolloçated, facility cannot extend beyond 15 feet of support structure. The height of a monopole is restricted to 60 feet if there is a single carrier and 120 feet ifthere is more than one carrier. Lattice towers are permitted only in the B/I zone.  feet;  structures. Height limitation of 12 feet including support structure;  These are use regulations and not subject to a variance.  The proposed ordinance accomplishes three regulatory tasks necessary to bring the City's wireless code into federal compliance and to improve coverage on the Island: (1) the ordinance repeals the existing wireless regulations in 18.04.030(F)(2). These regulations were written in 1997 and regulate WCFs based upon height, a somewhat meaningless factor given today's technology, The regulations also restrict facilities to a few zones on the Island and are not in compliance with the Section 6409 of the Spectrum Act. (2) The ordinance adds a new Chapter 18.10 which governs new WCFs and are therefore not governed by Section 6409 of the Spectrum Act. This Chapter opens up all zones to WCFs with the important restrictions that new WCFs must be prioritized andi located first in commercial zones, and lastly in residential zones, Chapter 18.10 also requires the employment of stealth and camouflage techniques to conceal WCFs. (3) The ordinance adds a  new Chapter 18.11 which governs EFMs and complies with the Section 6409 ofthe Spectrum Act.  MOTION: Imove to approve adding Chapters 18. 10 and 18.11 to the Municipal Code andj forwarding Ordinance No. 2015-23 to the consent agenda September 8, 2015.  ROTH/TOWNSEND: The motion carried 6-0.  2    CITY COUNCIL REGULAR STUDY SESSION After al briefd discussion, as second motion was made.  SEPTEMBER 1,2015  MOTION: To move Ordinance No. 2015-23 offt the consent agenda on September 81 to  the regular agenda forj further discussion and public comment. ROTH/TOLLEFSON: The motion carried 6-0.  C. - FIRE SAFETY SERVICES INTERLOCAL AGREEMENT, AB 15-161 7:441 PM  City Manager explained to Council that the current Interlocal Agreement between the City of Bainbridge Island and the Bainbridge Island Fire District expires on December 31, 2015, Terms ofa new ILAI have been discussed with thel Bainbridge Island Fire District. The purpose oft the Agreement is to establish the scope ofs services tol be provide by BIFD to the City and The most significant changes tot the Agreement are thei fee to be charged and thel BIFD rolei in emergency preparedness support. In2 2011, the City shifted emergency preparedness coordination and training to BIFD. Unfortunately, this shift resulted in emergency preparedness falling off the City's priorities. The City has emergency powers, authority andi responsibilities established by RCW3 38.52, which cannot be shifted to another entity. During the past two years, City staff have been working to improve the organizations emergency management capabilities. The new Interlocal Agreement re-establishes the City's emergency preparedness role and returns primary Emergency Operations façility responsibility to the City. The BIFD has also provided documentation to support a substantial fee increase. In particular, the fee increase is associated with increased permit and inspection activity. Since the effective date oft the current ILA, the number of annual plan reviews and inspections has doubled. The current annual fee isj just under $85,000 and the proposed new fee is $160,000. For ar reason that cannot be explained, the City has not been charging the fire permit and inspection fees, which are authorized in the current adopted fee schedule. New revenues generated by charging the authorized fees willl be sufficient to payt the entire fee  thei fee tol be paid by the City for said services.  to be charged by BIFD. Public Comment 7:49PM  Debbi Lester, Ericksen Avenue, reminded Council there is al back-up EOC at station 23.  MOTION:Imove. the City Council forward the Fire Sqfety Services Interlocal. Agreement to  the. September 8, 2015 consent agenda. TOLLEFSONROTH: The motion carried 6-0.  D. ORDINANCE NO. 2015-07, ADOPTING A NEW BIMC CHAPTER 15.30, TKANSPORTATION IMPACT Victor Salemann, P.E. ofConsultant Transportation Solutions, addressed Council and provided al PowerPoint. The 2004 Island-wide Transportation Plan identified traffic transportation impact fees as a Potential revenue source toj provide for transportation improvements to accommodate future growth. More recently, members of City Council expressed interest in At the March 10, 2015 City Council meeting, city staff and Consultant Transportation Solutions, Inc. (TSI) presented an update on the' Transportation Impact Fee Rate Analysis report prepared by TSI dated March 2015. See attached finalized report dated The ordinance is a result ofa combination of recommendations received from the 20041 Island-wide Transportation Plan and  FEES, AB 15-048 7:50PM  studying transportation impact fees; therefore, this item was added to the City's2014 Work Plan. August 2015 which was updated: following the deferment of the. July 21, 2015 City Council meeting.  comments received from the more recent March 10 City Council meeting. andi inçluded that Bainbridge should charge as much as Poulsbo.  Public Comment  Ross Hathaway, board president of Squeaky Wheels, urged Council to pass the ordinance; it might not be perfect but it's as start Dennis Reynolds addressed Council andj provided a document outlining proposed revisions to the ordinance. Debbie Lester, Ericksen Avenue, provided a slide show to illustrate other cities impact fee structure.  3    CITY COUNCIL REGULAR STUDY SESSION  SEPTEMBER 1,2015 8:46PM  MOTION:. Imove that the City Council forward Ordinance No. 2015-07, relating to Transportation Impact Fees and adding Chapter 15.30 ofthe Bainbridge Island Municipal Code to the September 8, 2015 meeting under unfinished business. ROTH/TOLLEFSON: The motion carried. 5-1. (Blossom)  E. RADIO FREQUENCY USE AGREEMENT BETWEEN WASHINGTON: STATE PATROL AND' THE Since September of2006, an agreement has existed between the Washington State Patrol (WSP) and the Bainbridge Island Police Department (BIPD) to share radio frequencies for the furtherance ofp public safety and interoperability. The agreement states that the frequencies (call signs KOH326 and KA5287) be used for mutual aid or emergency situation only, and that they be consistent with Federal Communications Commission (FCC) rules and regulations contained in CFR 47, Part 90. Thel BIPD is responsible for providing, maintaining, and operating, at its own expense, the mobile or portable transmitter/receiver units and incur all associated costs if damage to operating frequencies occurs. The original agreement ended on. June 30, 2011, and since that time the WSP has issued two amendments extending the termination date of the agreement. Amendment: 3 seeks to extend the terms ofthe agreement once more, until June 30, 2020 with no additional changes. This agreement does not affect the budget.  BAINBRIDGE ISLAND POLICE DEPARTMENT, AB 15-158 8:48 PM  8:49PM  MOTION: Imove the City Council approve. Amendment. 3 to the Radio Frequency Use Agreement. between Washington State Patrol and the Bainbridge Island Police Department  and authorize the City Manager to execute the agreement. TOMASENDROMAONSN: The motion carried 6-0.  F. SEWER PRE-DESIGN STUDIES BUDGET AMENDMENT, AB 15-1638 8:50F PM  The purpose oft the City's General Sewer Plan (GSP) was to develop aj policy and planning guide for the sewer utility over the next twenty years. Thel Plan presents an evaluation of the existing system and recommends improvements needed to correçt existing deficiencies and to accommodate projected growth. The Plan has been submitted to the Department of Ecology (DOE) for concurrence and review. Following completion of the SEPA process and DOE concurrence, the Plan willl be brought back to The GSP identified future sewer capacity issues related to the pump stations and associated force mains at Lynwood Center and North Town Woods and recommends that additional studies be conducted. Preliminary engineering studies conducted by Public Works, prompted by near-term proposed development activity, indicate that capacity issues are occurring much sooner than anticipated in the GSP. Iti is recommended that al RFQ bei issued for pre-design studies toi identify short and/or long term solutions. Iti is anticipated that the studies willl lead to the design of capital improvement projects tol be programmed in the Capital Improvement Plan (CIP) beginning in 2016. A20151 budget amendment willl be required tol begin the pre-design studies as soon  City Council for adoption.  as possible. 8:52PM  MOTION: Imove that the City Council forward a budget amendment in the amount of $40,000.00 from the Sewer Fundj for the Sewer Pre-design Studies increasing the spending authority for this project to the September 8, 2015 consent agenda. BONROWSKIROTE The motion carried 6-0.  G. ORDINANCE NO.: 2015-29, RELATING TO ENGINEERING DESIGN AND CONSTRUCTION STANDARDS, The City Council adopted Ordinance No. 94-29, Section 2, relating to the "Engineering Design and Development Standards Manual" at the. January 5, 1995 City Council meeting. In 1996, the City Council adopted Ordinance No. 96-47 amending Chapter 7. In 1997, Ordinance No. 96-47 was repealed, and Ordinance No. 97-23 amended Ordinance No. 94-29 adopting the Recent decisions issued by the City Hearing Examiner expressed his opinion that any changes to the City's Design & Construction Standards issued since the City Council adoption of Ordinance 97-23 lack regulatory authority.  AMENDING ORDINANCE NO. 94-29, AB 15-160 8:53 PM  "Engineering Design and Construction Standards" dated April 1997.  Ordinance No. 2015-29 adopts Exhibit A which includes changes made toi the "Engineering Design and Construction Standards"  Manual since adoption of Ordinance. No. 97-23.  4    CITY COUNCIL REGULAR STUDY SESSION  SEPTEMBER 1,2015 8:57PM  MOTION: Imove that the City Council, forward Ordinance No. 2015-29, relating to Engineering Design and Construction Standards, amending Ordinance No. 94-29 to the  September 8, 2015 consent agenda. BONKOMSKIROTH: The motion carried 6-0,  6. COMMITTEE REPORTS 8:57) PM  Councilmembers Bonkowski and Roth attended the KRCC meeting. Onl November 12, the KRCC will be hosting al legislative reception. They are in the process of forming a land use policy board and are seeking elected community members to participate,  7. REVIEW UPCOMING COUNCIL MEETING AGENDAS 9:03 PM  A. UPCOMING MEETING CALENDAR Bainbridge Island Municipal Code - Old Business  September 8  Executive Session (Review Performance of anl Employee, Review Qualification of an Applicant for City Employment) Ordinance No. 2015-23, Relating to Wireless Communication Facilities; Adding New Chapters 18.10 and 18.11tot the Ordinance No. 2015-04 (Formerly 2014-07), Landscaping and' Tree Ordinance Public Hearing (Consider Action)  Ordinance No. 2015-07, Transportation Impact Fees (Consider Action) Fire Safety Services Interlocal Agreement w/ BIFD (Consider. Action) Resolution No. 2015-05, Amending the PCD Administrative Manual (Consider Action) Radio Frequency Contract Extension w/Washington State Patrol (Consider Action) Sewer Pre-Design Studies Budget Amendment (Consider Approval) Work Session: Human Services Funding Goals Workshop 8. FOR' THE GOOD OF THE ORDER 9:10PM 9. ADJOURNMENT 9:11 PM Deputy Mayor Scott adjourned the meeting at 9:11 p.m,  Ordinance No. 2015-29, Ordinance No. 2015-29, Relating to Engineering Design and Construction Standards; Amending  Ordinance No. 94-29 (Consider. Action)  lawvPyBliv  Anne S. Blair, Mayor  - MMa  Kelly. Jahraus, Records Management Coordinator  5