REGULAR CITY COUNCIL BUSINESS MEETING TUESDAY, SEPTEMBER 8,2 2015  ITEMS DISCUSSED  . EXECUTIVE SESSION: REVIEW THE PERFORMANCE OF ANI EMPLOYEE (RCW 42.30.110(1)g); REVIEW QUALIFICATIONS OF AN APPLICANT FOR CITY EMPLOYMENT (RCW4 42.30.110()g); 3. ACCEPTANCE OR MODIFICATION OF AGENDA/CONFLICT OF INTEREST DISCLOSURE 5. CITY MANAGER'S REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE A. ORDINANCE NO. 2015-04 (FORMERLY ORDINANCE NO. 2014-07), LANDSCAPING ANDTREE B. ORDINANCE NO.2015-23, REPEALING BIMC 18.09.030(F)(3). AND ADDING A NEW CHAPTER 18.10 WIRELESS CELLULAR FACILITIES AND. A NEW CHAPTER 18.11 ELIGIBLE FACILITIES A. WASHINGTON DEPARTMENT OF NATURAL RESOURCES (DNR) URBAN FORESTRY RESTORATION A. ORDINANCE NO.2015-07, ADOPTING Al NEWI BIMC CHAPTER 15.30, TRANSPORTATION IMPACT B. RESOLUTION NO.201505,AMENDING THE PLANNING AND COMMUNITY DEVELOPMENT (PCD) ADMINISTRATIVE MANUAL, AB 15-115-PLANNING [MOVED! FROM CONSENT AGENDA]  POTENTIAL LITIGATION (RCW 42.30.110(1)0) 2. CALL TO ORDER/ROLL CALL/ PLEDGE OF ALLEGIANCE  4. PUBLIC COMMENT 6. PUBLIC HEARINGS  REGULATIONS, AB 15-150 - PLANNING MODIFICATIONS, AB 15-159- - PLANNING PROJECT, AB 15-164-1 PLANNING FEES, AB 15-048- -PUBLIC WORKS  7. NEW BUSINESS  B. PLANNING COMMISSION APPOINTMENTI [ADDED]  8. UNFINISHED BUSINESS  9. CONSENT AGENDA A. CONSENT AGENDA BILL  B. ACCOUNTS PAYABLE VOUCHERS ANDI PAYROLL: APPROVAL C. REGULAR BUSINESS MEETING MINUTES, AUGUST25,2015 D. REGULAR STUDY SESSION MINUTES, SEPTEMBER 1,2015  E. RESOLUTION-NO.2015-05-AMENDINGTHEPEANNINGANDCOMMUNPY-DEVELOPMENTPCD) ADMINISTRATIMEMANUALABS-HS-PLANNING [MOVED1 TO UNFINISHED BUSINESS] F. FIRE: SAFETY SERVICES INTERLOCAL AGREEMENT, AB 15-161 -1 EXECUTIVE G. ORDINANCE NO.2015-29, RELATING TO. ENGINEERING DESIGN AND CONSTRUCTION STANDARDS, AMENDING ORDINANCE NO. 94-29, AB 15-16- - PUBLIC WORKS H. SEWER PRE-DESIGN STUDIES BUDGET. AMENDMENT,AB 15-163 -) PUBLIC WORKS A. UTILITY ADVISORY COMMITTEE NOTES, AUGUST 17, 2015-C COUNCILMEMBER TOLLEFSON B. NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE NOTES, SEPTEMBER 1,2015-  10. COMMITTEE REPORTS  COUNCILMEMBER ROTH 12. FOR THE GOOD OF THE ORDER  11. REVIEW UPCOMING COUNCIL MEETING AGENDAS 13. WORK SESSION (PUBLIC COMMENT TO BE. ACCEPTED)  A. HUMAN SERVICES FUNDING GOALS WORKSHOP, AB 15-040- - CITY COUNCIL  14. ADJOURNMENT  1. EXECUTIVE SESSION: REVIEW THE PERFORMANCE OF AN EMPLOYEE (RCW 42.30.110(1)); REVIEW QUALIFICATIONS OF AN APPLICANT FOR CITY EMPLOYMENT (RCW 42.30.110()g); POTENTIAL At6:16 PM, Mayor Blair adjourned the meeting to an executive session with Councilmembers Scott, Tollefson, Townsend and City Attorney Marshall to Review Performance of an Employee, (RCW 42.30.110.1(8), Review Qualifications of an Applicant for City Employment (RCW 42.30.110(1)0)) and discuss Potential Litigation (RCW 42.30.110(1)0). The recording system was turned off and ai notice was posted on the door oft the Council Chamber. Councilmember Roth joined the executive session shortly  LITIGATION (RCW 42.30.110(1)0) 6:161 PM  thereafter. The executive session adjourned at 7:01 PM. No action was taken.    REGULAR CITY COUNCIL BUSINESS MEETING TUESDAY, SEPTEMBER 8,2015  2, CALLTOORDERROLL CALL/PLEDGE OF ALLEGIANCE 7:01 PM and prepared the minutes. Everyone stood fort thel Pledge of Allegiance.  Mayor Blair reconvened the meeting at 7:01 PM with Councilmembers Roth, Scott, Tollefson and' Townsend present. Councilmembers Blossom and Bonkowskil had excused absences, City Clerk Lassoff monitored the recording oft the meeting Mayor Blair expressed how pleased she was to bel here and thanked everyone for their sustaining support during her absençe. City 3. - ACCEPTANCE OR MODIFICATION OF AGENDA/CONFLICT OF INTEREST DISCLOSURE 7:01 PM Deputy Mayor Scott proposed moving çonsent agenda item 9E to new business item 7C. Mayor Blair requested adding a new  Clerk Lassoff presented Mayor Blair with flowers.  business item dealing with thel Planning Commission and ai membership change.  MOTION: Imove we accept the agenda as modified. SCOTT/ROTH - Motion carried. 5-0.  4. PUBLIC COMMENT 7:03 PM  Debbi Lester, 2661 Erickson Avenue, NE gave al brief overhead presentation regarding transportation impact fees.  Dennis Reynolds commented on the transportation impact fees. Melanie Keenan commented on Resolution No. 2015-05 as it relates to farming. Patti Dusbabek also commented on the Resolution' No. 2015-05 as it relates toi farming.  5. CITY MANAGER'S REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE: 7:15 PM  City Manager Schulze presented his weekly report.  6. PUBLICHEARINGS  A. ORDINANCE NO. 2015-04 (FORMERLY ORDINANCE NO. 2014-07), LANDSCAPING ANDTREE Special Project Planner Sutton introduced the proposed ordinance which amends the City's tree and landscaping regulations. The ordinance is one phase of work from the' Tree Ordinance Adl Hoc Committee. Comprised oft two Councilmembers and twol Planning Commissioners, the Ad Hoc Committee has been meeting since February 20141 to review the City's tree and landscaping regulations. Realizing that reviewing the regulations in their entirety is a large task, the Committee organized their work by first focusing on tree and landscaping regulations that apply to the Mixed Use Town Center (MUTC)High School Road (HS) zoning districts. This ordinance integrates the Committee's recommended changes for those districts, as well as several generally applied changes. The Planning Commission reviewed the ordinance over several meetings between April and August 2015, sending the ordinance back to the Ad Hoc Committee for clarification twice, The Planning Commission held aj public hearing on draft ordinançe on August 13 Other Ad Hoc Committee recommendations include changes tot the land use permit submittal requirements in the department's The Ad Hoc Committee has begun to review the regulations that apply to development in other districts such as Neighborhood Service  REGULATIONS, AB 15-150- - PLANNING 7:20 PM  and then recommended approval oft the ordinance to the City Council,  Planning and Community Development Administrative Manual (Resolution No. 2015-05).  Center, Business/ Industrial, and Residential zoning districts. Mayor Blair opened the public hearing at 7:22 PM.  Olaf Ribiero, 10744 Manitou Beach Drive, commented on the use of fire resistant trees and scrubs especially in residential areas.  Mayor Blair closed the public hearing at 7:24 PM.  2    REGULAR CITY COUNCIL BUSINESS MEETING TUESDAY, SEPTEMBER 8, 2015  MOTION: Imove the City Council approve Ordinance No. 2015-04.  TOWNSENDROTH: - Motion carried. 5-0,  B. ORDINANCE NO. 2015-23, REPEALING BIMC 18.09.030(F)(3). AND ADDING A NEW CHAPTER 18.10 WIRELESS CELLULAR FACILITIES AND A NEW CHAPTER 18.11 ELIGIBLE FACILITIES  MODIFICATIONS, AB 15-159- - PLANNING 7:26 PM  City Attorney Marshall introduced to the proposed ordinance which accomplishes three regulatory tasks necessary to bring the City's wireless çode into federal compliance andt 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 andi regulate WCFs based upon height, a somewhat meaningless factor given today'st technology. The regulations also restrict facilities to ai few: zones on thel Island and are not in compliance with the Section 6409 oft the Spectrum Act. (2) The ordinance adds ai new Chapter 18.10, which governs new WCFS, and are therefore not governed by Section 6409 oft the Spectrum Act. This Chapter opens up all zones to WCFs with thei important restrictions that new WCFs must be prioritized and 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 ar new Chapter 18.11,  which governs EFMs and complies with the Section 6409 of the Spectrum Act.  Mayor Blair opened the public hearing at 7:291 PM.  Charlie Hanasek (BHS senior), 14612 Misty Vale Place, commented on the proposed ordinance and Bainbridge Community Jonathan Coonan (BHS sophomore), 6001 Rose Loopl NE, commented on thel lack of cell service on the island during an emergency, Barry Peters, 6101 NE Vineyard Lane, was glad to see the proposed ordinance makes it possible for more cell sites to be built and that  Broadcasting.  there be co-location. services on those sites. Mayor Blair closed the public hearing at 7:371 PM.  Councilmember Townsend pointed out that even ifthere is no cell phone coverage that does not necessary mean you do not have 911 Councilmember Roth suggested the City should revisit the ordinance and look at those black spots on the island in the next couple of  coverage. years.  MOTION: Imove City Council approve Ordinance No. 2015-23.  ROTH/SCOTT- Motion carried 5-0.  7. NEW BUSINESS  A. WASHINGTON DEPARTMENT OF NATURAL RESOURCES (DNR) URBAN FORESTRY RESTORATION Associate Planner Cari introduced the item. The City owns two shoreline restoration projects - Strawberry Plant Park and Pritchard Bluff East - that were completed in 2011 with funding provided by The Elliot Bay Trustee Council. The monitoring reports completed for the projects identify several adaptive management measures including invasive species control/removal, mulching DNR's Urban Forestry Restoration Project provides Puget SoundCorps crews tol local governments to conduct urban forest maintenance and restoration. Crews work at one or more project sites for a 4-week period. DNR estimates the crew's work has a value of $20,000. Discussions with DNR staffindicate that the City's shoreline restoration projects are a good fit for the crews and that the City has good potential to be awarded a crew this fall/winter. Crews willl be assigned byt the first part ofOctober soi iti is in the City's best interest to submit an application as soon as possible. The Elliot Bay Trustee Council supports the application.  PROJECT, AB 15-164-F PLANNING 7:40 PM  and native planting.  3    REGULAR CITY COUNCIL BUSINESS MEETING TUESDAY, SEPTEMBER 8,2015  MOTION: Imove the City Council authorize staff to. submit an application to the Washington. Department of Natural. Resources (DNR) Urban Forestry Restoration  Project.  ROTH/SCOTT Motion carried 5-0.  B. PLANNING COMMISSION. APPOINTMENT [ADDED] 7:43 PM important tol have ai full contingency of members attending each meeting.  Mayor Blair indicated there is a possibility that there may be an opening on the Planning Commission and, should this occur, the City Council would discuss it ideally next week. She noted that with the Comprehensive Plan Update process well under way, iti is  8. - UNFINISHED BUSINESS  A. ORDINANCE NO. 2015-07, ADOPTING Al NEW BIMC CHAPTER 15.30, TRANSPORTATION IMPACT Public Works Director Loveless introduced the item. The proposed ordinance is a result ofac combination of recommendations received from the 2004 Island-wide Transportation Study and comments received from recent City Council meetings. A recently passed state law (ESB 5923) requires provisions for deferral ofp payment of impact fees by September 20161 however; the proposed ordinance does noti incorporate the deferred payment requirements pending disçussion by Council this evening. He also noted potential modifications to expand the exemptions for certain levels ofaffordable housing (or less than market rate housing) and Councilmember Townsend asked about the timing of thei implementation oft the fee, the fact that they are not a vested right, how the six percent level is set and when would it be an appropriate time to revisit the level in which the fees were being set. Public Works Director Loveless clarified what the City percentages were made up of. Councilmember Tollefson noted no matter when the effective date is someone is going to feel aggrieved. He also commented briefly on limitations on what we can do with regard to exempting affordable housing as far as increasing the scope and definition of affordable housing (exempting or mitigating). Councilmember Townsend asked when it would make sense in terms of the timing to revisit the ordinance. Public Works Director Loveless thought itwould make sense following the City'sre review the" Transportation Element oft the Comprehensive Plan. Councilmember Tollefson noted at typographical errori in the affordable housing section that needs to bei removed. Deputy Mayor Scott thought the accessory  FEES, AB 15-048- - PUBLIC WORKS 7:45 PM  changing the acronym from TRiF to TiF.  dwelling uniti issue should be revisited in the future.  7:54P PM  MOTION: Imove the City Council approve Ordinance No. 2015-07. relating to Transportation Impact Fees and add Chapter 15.30 of the Bainbridge Island  Municipal Code.  TOLLEFSON/ROTH: - Motion carried. 5-0.  B. RESOLUTION NO. 2015-05, AMENDING THE PLANNING AND COMMUNITY DEVELOPMENT (PCD) ADMINISTRATIVE MANUAL, AB 15-115-1 PLANNING [MOVED FROM CONSENT AGENDA! 7:56 PM Deputy Mayor Scott indicated thei item was pulled sO that Council could acknowledge receiving significant public comment. He explained that the administrative manual does not make any changes to the municipal code or regulations relating to any land use  activity including farming, 7:58P PM  MOTION: Imove the City approve Resolution No. 2015-05, amending the Planning  and Community Development administrative manual. SCOTI/TOLLEFSON- Motion carried5-0.  9. CONSENT AGENDA A. CONSENT AGENDA BILL  B. ACCOUNTS PAYABLE VOUCHERS AND PAYROLL APPROVAL  Accounts Payable ACH/EFT Check Number 191-193, Void Manual Check Number 339390, Manual Check Numbers 339425-339447 and Regular Run Check Numbers 339448-339547, for a total of $348,017.00. Retainage Release Check Numbers 139-141 for at total of$13,938.77. Payroll Direct Deposit Check Numbers 033946-034066, Regular Run Check Numbers 107249- 107252, Vendor Check Numbers 107253-107265 and al Federal' Tax Electronic Transfer fora C. REGULAR BUSINESS MEETING MINUTES, AUGUST25, ,2015 D. REGULARSTUDY SESSION MINUTES, SEPTEMBER 1,2015  total of$618,406.37.  E. RESOLUTION-NO.201S-05,AMENDINGTHEPLANNINGANDCOMMUNEPY-DEVELOPMENTPCD) ADMINISTRATIMEMANUAL,ABIS-HLANNING [MOVED TO UNFINISHED BUSINESSI  This item was moved to unfinished business.  4    REGULAR CITY COUNCIL BUSINESS MEETING TUESDAY, SEPTEMBER 8,2 2015  F. FIRE SAFETY SERVICES INTERLOCAL, AGREEMENT, AB 15-161 - EXECUTIVE The current Interlocal Agreement between the City of Bainbridge Island and thel Bainbridge Island Fire District expires on December 31,2015. Terms ofar new ILA have been discussed with the Bainbridge Island Fire District. The purpose oft the Agreement is to establish the scope ofs services to be provided by BIFD1 to the City and the feet tol be paid by the City fors said serviçes. The most significant changes to the Agreement are the fees tol be charged and the BIFD role in emergency preparedness support. The new Interlocal Agreement re-establishes the City's emergency preparedness role and returns primary Emergency Operations facility responsibility to the City. The BIFD has also provided documentation to support as substantial fee increase. Inj particular, the feei increase is associated with increased permit and inspection activity. Since the effective date of the current ILA, the number ofannual plan reviews and inspections has doubled. The current annual feei is just under $85,000 and the proposed new fee is $160,000. For a reason that cannot be explained, the City has not been charging the fire permit andi inspection fees, which are authorized in the current adopted fee schedule. New revenues generated by charging the authorized fees willl be sufficient to pay the entire fee G. ORDINANCE NO.2015-29, RELATING TO ENGINEERING DESIGN. AND CONSTRUCTION STANDARDS, AMENDING ORDINANCE NO. 94-29, AB 15-16- - PUBLIC WORKS 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 7.1 In 1997, Ordinance No. 96-47 was repealed, and Ordinance No. 97-23 amended Ordinançe No. 94-29 adopting the* "Engineering Design and Construction Standards" dated April 1997. Recent decisions issued by the City Hearing Examiner expressed his opinion that any changes to the City's Design and Construction Standards issued since the City Council adoption of Ordinance 97-23 lack regulatory authority. Ordinance No. 2015-29 adopts Exhibit A which includes changes made to the "Engineering Design and H. SEWER PRE-DESIGN STUDIES BUDGET AMENDMENT, AB 15-163-1 PUBLIC WORKS The purpose ofthe City's General Sewer Plan (GSP) was to develop a policy and planning guide for the sewer utility over the next twenty: years. The Plan presents an evaluation ofthe existing system and recommends improvements needed to correct existing deficiençies and to accommodate projected growth. The Plan has been submitted to the Department ofl Ecology (DOE) for concurrence and review. Following completion oft the SEPA process and DOE concurrence, the Plan willl bel brought back to City Council for adoption. 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 capaçity issues are occurring much sooner than anticipated in the GSP. Iti is recommended that a RFQ be issued for pre-design studies toi identify short and/or long-term solutions. Iti is anticipated that the studies will lead to the design of capital improvement projects to be programmed in the Capital Improvement Plan (CIP) beginning in 201, Staff has requested a budget amendment for $40,000.00 from the Sewer Fund for the Sewer Pre-design Studies  tol be charged by BIFD.  Construction Standards" Manual since adoption of Ordinance. No. 97-23.  increasing the spending authority for this project.  MOTION: Imove the approval oft the consent agenda items A through H  except) for item E.  TOLLEFSON-SCOIT- Motion carried 5-0.  10. COMMITTEE REPORTS COUNCILMEMBER ROTH meetings in October and November. 12. FOR THE GOOD OF THE ORDER  A. UTILITY ADVISORY COMMITTEE NOTES, AUGUST 17, 2015-C COUNCILMEMBERTOLLEFSON B. NON-MOTORIZEDTRANSPORTATION ADVISORY COMMITTEE NOTES, SEPTEMBER 1,2015- City Manager Schulze reviewed the September 15,2015 and upcoming meeting calendar. City Council will be holding two  11. REVIEW UPCOMING COUNCIL MEETING AGENDAS  Mayor Blair thanked everyone for doing double and triple duty while she was out. 13. WORK SESSION (PUBLIC COMMENT TO BE ACCEPTED)  A. HUMAN: SERVICES FUNDING GOALS WORKSHOP, AB 15-040- - CITY COUNCIL  Jim Hopper, Bainbridge Community Foundation, gave al PowerPoint presentation. highlighting demographic trends and community needs, recent City human services funding allocations, framework for funding goals and Comprehensive Plan Human Services  Element framework.  5    REGULAR CITY COUNCIL BUSINESS MEETING TUESDAY, SEPTEMBER 8, 2015 The following questions were discussed:  ) Should funding be limited to organizations on Bainbridge Island? Council would like to: see. the number ofislandr residents that have been identified as having the need and the number being served. There may be certain priority thresholds that the Human Services Funding. Advisory Committee (HSFAC) should consider when reviewing the applications. 2) Should funding be limited to program support or include general operating support? Funding should not be limited. 3) Does the City wish to consider policies that might limit an organization's dependency on human serviçes funding? Itis appropriate to limit it and do it in terms ofa) percentage of an overall operating budget. The committee should also have the discretion to consider the unusual. There should not be a bright-line rule. When possible, the organization should be 501(3)(c). Should history ofs service delivery in community be a priority or neutral to all applicants? Neutral with the caveat ofal having a Should the City require appliçants to substantiate need via demographic and usage data? There was support) for this approach. 5) Are there more/fewer constituencies that should be identified as' targets" or City funding? Decision should be made by the Should HSFAC members balance allocations among constituencies? Decision. should be made by studying the needs identified. 6) Should the City funding attempt to "support" or "solve" needs or both?. Depends on the type ofo organization that is askingfor 7) Should the City prioritize programs that support basic needs (food, water, shelter) or other programs? Given the limited amount ofmoney available as well as Comprehensive. Plan goals, its seems appropriate to prioritize and support basic needs. Is ital high priority tos serve more: residents, or service particular constituencies more deeply?. HSFAC is advised to balance both. 8) Should City funding encourage cooperation and collaboration among agencies? Yes however, there should not be a requirement 9) Should City continue to support a wide variety of programs? Yes, however it was preferred that it be enough) funding to genuinely make an impact on the particular direction an applicant wants to go. HSFAC. should not feel that they have to 10) Does the City wish to prioritize funding for programs that alleviate/reduce stain on City services (like police, parks etc.)? No. Does the City wish to prioritize direct service toj preventative services/early intervention? Case needs to be made by the applicant. Kim Hendrickson felt a needs analysis could assist thel HSFAC. She also suggested first responders be asked about where they would  Organizations should describe their goals ofservice (ie. programmatic or operating).  demonstrated capability to deliver needed: services. 4) Should the City identify priority-funding areas?. No. HSFAC ini response to applicant submissions.  funding.  Should City funding support "acute" or "chronic needs" or both? Both need to be addressed.  that there be a demonstrated, partnership.  hil all sorts of "target" areas.  Public Comment  identify where the need is. There was al brief discussion regarding Ms. Hendrickson's comments.  14. ADJOURNMENT 9:08 PM The meeting adjourned at 9:08 pm.  AuBlix  Anne S. Blair, Mayor  baid. assot Rosalind D. Lassoff, City Clerk