I CITYOF BAINBRIDGE ISLAND REGUIARCITY COUNCIL BUSINESS MEETING TUESDAY, MARCH 13, 2018 MEETING MINUTES 1. CALLTO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE Mayor Medina called the meeting to order at 7:02 p.m. in Council Chambers. Mayor Medina, Deputy Mayor Blossom, and Councilmembers Deets, Nassar, Peltier, Scott and 2. AGENDAAPPROVAL OR MODIFICATION/CONFLICT OF INTEREST Tirman were present. DISCLOSURE-7.03 PM Councilmember Peltier requested the addition ofthe Duane Lane Street Vacation as agenda item 8(G). Councimember Peltier moved and Councilmember Deets seconded to approve the agenda, as amended. The motion carried unanimously, 7-0. Deputy Mayor Blossom recused herself from the moratorium discussion. 3. PUBLIC COMMENT- - 7:06 PM Fritz Feiten spoke regardinga a property on NE Beachcrest Drive. 4. MAYOR'S REPORT- 7:11 PM Mayor Medina reported on the North Ward meeting and noted the upcoming meetings for1 the Central and South Wards. He provided information on posting the Council priorities ini the Council Chambers, Miller Road bike lanes, and a discussion oft the Sound to Olympics bridge and trail at the April 3 meeting. 5. CITY MANAGER'S REPORT-7:16 PM City Manager Schulze reported on the shared bicycle program, permit and police activity year-to- date, and a conditional offer being made to a candidate fori the communications coordinator position. 6. PRESENTATIONIS) A. Proclamation Declaring the Month of March 2018 as "Brain Injury Awareness Month," AB 18-042- Mayor Medina 7:20 PM Mayor Medina read the proclamation and presented it to Suzanne Grifin, who provided additional information on the topic. 7. UNFINISHED BUSINESS A. Ordinance No. 2018-07 Establishing a Gender Inclusive Bathroom Requirement as Part of New Title 7, Human Rights, of the Bainbridge Island Municipal Code, AB 18-027- Mayor Medina introduced the ordinance and options for Council review. Councimember Tirman MOTION: Mayor Medina took the following suggestion as a motion: Councilmember Scott asked the City Attorney to propose revisions that would clarify the definitions to make sure that there is no ambiguity regarding the definition ofa public restroom and also to clarify a method of enforcement to be consistent with our existing enforcement mechanisms for code violations. Councilmembers Tirman and Scott 7:25 PM spoke about the ordinance. Medina/Tirman: The motion carried unanimously, 7-0. Public Comment 7:31 PM Eve Paulay, Kitsap Pride board member, spoke in favor oft the ordinance. Erin Thackray, a member oft the Sexuality and Gender Alliance Club at Bainbridge High School, stated the club's support for the ordinance. Andrew White sought clarification on details in the ordinance, Debbie Hall offered full support for the ordinance. B. Ordinance No. 2018-09, Amending Ordinance No. 2018-05, Imposing a Temporary Six-Month Moratorium on the Acceptance of Certain Development Applications, AB 18- Deputy Mayor Blossom left Council Chambers. Planning Director Christensen provided background 021 - Planning 7:48 PM on the ordinance. MOTION:1move to adopt Ordinance 2018-09. Tirman/Peltier: The motion carried unanimously, 6-0. MOTION: I move that section 3.B. as it appears in draft Ordinance 2018-09 be further amended by adding the phrase, provided that all such permits and approvals are in compliance with newiy adopted Critical Areas Ordinance No. 2018-01, at the end, sO that it reads: Section 3. (related to exclusions to the moratorium): B. Permits and approvals for govemment facilities and structures; educational facilities and preschools; wireless communication facilities; and emergençy medical and disaster relief facilities provided that all such permits and approvals are in compliance with newly adopted Critical Peltier/Nassar: Following discussion, the motion failed 3-3 with Councilimembers Peltier, Nassar Areds Ordinance No. 2018-0L and Medina voting in favor. 2 MOTION: Imove to amend section 3.B.(iv) of Ordinance 2018-05, pertaining to whati is prohibited by the moratorium, by adding the phrase, SO long as those resultant site work approvals are consistent with newly adopted Critical Areas Ordinance No. 2018-01, sO that it reads: (v) Provided further, that this Section B does not apply to complete land use applications (see BIMC Table 2.16.010-1) that were submitted prior to the effective date oft the moratorium, andi tot the resultant site work and associated approvals related to such complete land use applications so long ast those resultant site work approvals are consistent Peltier/Nassar: The motion failed 3-3 with Councilmembers Peltier, Nassar and Medina voting in C.P Police/Municipal Court Facility Site Selection, AB 14-008 - Executive 8:11 PM City Manager Schulze introduced thei topic and provided information on the Harrison site. Judge McCulloch provided background on the need for a new court facility. Doug Rauh commented on the project and the proposed sites. withnewlya adopted Critical Areas Ordinance No. 2018-01. favor. Public Comment- - 8:20 PM Brandon Fouts commented on the project. answered questions posed by Council. Additional Public Comment Council and staff discussed both the Harrison and Yaquina sites. Bob Cross of CHI Franciscan Michael Holland spoke about a property on New Brooklyn and the project. MOTION: Imove that we: schedule an executive session to discuss the various property options as permitted by state lawi in executive session, including the recently raised New Brooklyn site, and that we schedule further discussion ofs site selection after thet two remaining ward meetings and after that executive session, on a date to be determined by our City Manager working with our Scott/Peltier: The motion carried 4-3, with Mayor Medina, Deputy Mayor Blossom, and Mayor and Deputy Mayor. Councilmember Deets voting against. 8. NEW BUSINESS A. Village Pump Station Replacement Project, AB 18-039 - Public Works 9:19 PM MOTION:Imove to forward to the Council's March 27, 2018, Unfinished Business agenda consideration ofthe Village Pump Station Replacement Project contract award. Public Works Director introduced the agenda item. Scott/Peltier: The motion carried unanimously, 7-0. 3 B. Ordinance No. 2018-10, Relating to 2017 Budget Carryovers into 2018, AB 18-043- Finance 9:22 PM Budget Manager Dunscombe provided a presentation on the ordinance. MOTION:! Ir move to forward to the March 27, 2018, Consent Agenda Ordinance No. 2018-10, Amending the 2018 Budget. Peltier/Deets: The motion carried unanimously, 7-0. C. Ordinance No. 2018-08, Amending Bainbridge Island Municipal Code Title! 2 Relating to Land Use Review Procedures for the Updated Critical Areas Ordinance, AB 18-044- Planning 9:27 PM Senior Planner Carri introduced the ordinance. MOTION:Imove to set a public hearing for Ordinance No. 2018-08 on March 27,2018. D. Resolution No. 2018-08, Amending the Administrative Manual of the Department of Planning and Community Development in Connection with the Critical Areas Ordinance, Senior Planner Carri introduced the resolution and addressed Council's questions. Blossom/Nassar: The motion carried unanimously, 7-0. AB 18-045-1 Planning 9:30 PM MOTION:Imove to forward to the March 27, 2018, Consent Agenda Resolution No. 2018-08, amending the Administrative Manual oft the Department of Planning and Community Development. E. Resolution No. 2018-09, Amending the 2018 Fee Schedule Relating to the Critical Senior Planner Carri introduced the resolution and addressed Council's questions. MOTION: Imove to forward to the March 27, .2018, Consent Agenda for approval Resolution Tirman/Nassar: The motion carried unanimously, 7-0. Areas Ordinance, AB 18-046 - Planning 9:32 PM No. 2018-09. Nassar/Peltier: The motion carried unanimously, 7-0. F. City Council Position #4, Central Ward Vacancy, AB 18-047-1 Mayor Medina 9:34 PM Mayor Medina led a discussion on the process to appoint a new councilmember to replace Councilmember Scott. Public Comment Patti Dusbabek questioned the process. Council asked to receive the applications when they are submitted. Council's consensus was to proceed with the process as outlined ini the agenda packet to appoint a new councilmember. G. Duane Lane Street Vacation [Added] 9:48 PM Mayor Medina introduced the agenda item. 4 MOTION: r move to authorize the City Manager to pursue agreements related to the Council's previous action conditioning the vacation of Duane Lane on the grant ofr right-of-way, andi to thereby authorize the City Manager to execute all documents necessary to effectuate those agreements consistent with the discussion the Council had with the City Attorney in executive session regarding this matter. This authorization includes the waiver oft transportation impact fees to the extent necessary to enter into such agreements. Peltier/Nassar: The motion carried unanimously, 7-0. 9. CONSENT AGENDA- - 9:49 PM A. Agenda Bill for Consent Agenda, AB 18-041 B. Accounts Payable and Payroll Payroll March 5, 2018: miscellaneous check number 108447 for $2,097.85; normal direct deposit check run sequence 041067 - 041190 for $290,908.83; regular check run sequence 108448- 108450 for $307,223.47; Federal Tax Electronic Transfer for $114,442.20. Total disbursement Accounts Payable: March 13, 2018: last check number 346849 for $402.00 from previous run; manual check run check sequence 346850-3 346865 for $327,742.33; regular check run: sequence $719,533.13. 346866- 346974 for $224,883.73. Total disbursement $265,473.60. C. City Council Study Session Minutes, February 20, 2018 D. Special City Council Business Meeting Minutes, February 27, 2018 E. Water and Wastewater Rate Study Professional Services Agreement, AB 18-031- F. Resolution No. 2018-06, Amending the Fee Schedule Relating to Exempt Wells, AB G. City Dock Improvements Professional Services Agreement Amendment No. 4 with H. Ordinance No. 2018-06, Amending Bainbridge Island Municipal Code Chapter 2.37, Increasing Size of Climate Change Advisory Committee, AB 18-026 - Executive I. Climate Change Advisory Committee Appointments, Position Numbers, and Terms, Councilmember Tirman pulled the Accounts Payable report from Item 9(B) for discussion. Public' Works 18-034-1 Finance PND Engineers, AB 15-072 - Public Works AB 18-040-1 Mayor Medina MOTION: move to accept the Consent. Agenda, as modified. Peltier/Scott: The motion carried unanimously, 7-0. City Manager Schulze responded to Councilmember Tirman's question regarding the Accounts MOTION:Imove to approve the Accounts Payable Report to City Council of Cash Payable Report. Disbursements. Tirman/Scott: The motion carried unanimously, 7-0. 5 10. COMMITTEE REPORTS - 9:53 PM A. Tree and Low Impact Development Ad Hoc Committee Regular Meeting Minutes, B. Affordable Housing' Task Force Special Meeting Minutes, February 15, 2018-1 Deputy C. Utility Advisory Committee Special Meeting Minutes, February 13, 2018- February 7,2018 Mayor Blossom Councilmember Nassar 11. FORTHE GOOD OF THE ORDER-9 9:53 PM Deputy Mayor Blossom reported on a meeting with Councilmembers Tirman and Deets, Charlie Wenzlau, and Jonathan Davis to discuss subdivision design guidelines, and Council briefly discussed the topic. 12. AD)OURNMENT Mayor Medina adjourned the meeting at 9:57 p.m. hiakl, Kol Medina, Mayor Kelly Jahraus, Deputy City! lerk EGMa 6