REGULAR CITY COUNCIL BUSINESS MEETING MINOTES IUESDAY,UNE2N.206 ITEMS DISCUSSED 1. CALLTOORDER. /ROLL CALL/PLEDGE OF ALLEGIANCE 2. ACCEPTANCE OR MODIFICATION OF THE AGENDA/CONFLICT OF INTEREST DISCLOSURE 3. PUBLIC COMMENT 4. CITY MANAGER'S REPORT 5. PRESENTATION A. PUBLIC WATER ACCESS COMMITTEE STATUS REPORT- PUBLIC WATER. ACCESS COMMITTEE A. ORDINANCE NO. 2016-07, CHANGING THEI PUBLIC WATER. ACCESS COMMITTEE NAME TOI MARINE B. SECTOR SERVICE! LEVEL. AGREEMENT WITH WASHINGTON STATE PATROL, AB 16-096-POLICE WATERFRONT PARK MEMORIAL BENCH! DONATION AGREEMENT, AB 16-092-PUBLIC WORKS D. ORDINANCE NO. 2016-13, RELATING TO' THE CITY'S FIRE CODE, AB 16-097 -] PLANNING E. ORDINANCE NO. 2016-14, RELATING TO THE CITY'S BUILDING CODES. AND REGULATIONS, F. ORDINANCE NO. 2016-06, REVISING AQUACULTURE REGULATIONS. AS A LIMITED. AMENDMENTS OF THE: SHORELINE MASTER PROGRAM (SMP), AB 16-046- - PLANNING G. CITIZEN ADVISORY COMMITTEE. APPOINTMENTS, AB 16-093 -MAYOR TOLLEFSON 6. NEW BUSINESS (PUBLIC COMMENT: INVITED ONI EACHI ITEM) ACCESS COMMITTEE, AB 16-095 -1 EXECUTIVE AB 16-098 - PLANNING 7. CONSENT AGENDA A. CONSENT. AGENDA COVER SHEET B. ACCOUNTS PAYABLE VOUCHER AND PAYROLL: APPROVAL REGULAR CITY COUNCIL BUSINESS MEETING MINUTES, MAY24, 2016 D. REGULAR CITY COUNCIL STUDY SESSION MINUTES, JUNE 7, 2016 REGULAR CITY COUNCIL BUSINESS MEETING MINUTES, JUNE 14, 2016 REGULAR CITY COUNCIL STUDY SESSION MEETING MINUTES.JUNE21,2016 G. AMENDMENT TOI PROFESSIONAL SERVICES AGREEMENT WITH. JOSEPH TOVAR FOR COMPREHENSIVE PLAN UPDATE SERVICES, AB 15-062 - PLANNING H. 2016 ANNUAL ROAD: STRIPING CONTRACT AWARD, AB 16-085 - PUBLIC WORKS WYATT WAY DESIGN, PROFESSIONAL SERVICES AGREEMENT AMENDMENT #1, AB 14-114 J. RESOLUTION NO. 2016-10, AMENDING THE FEE SCHEDULE, AB 16-045-FINANCE A. PUBLIC WATER. ACCESS COMMITTEE NOTES, MAY 7AND9,2016-C COUNCILMEMBER MEDINA B. NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE LIAISON NOTES, JUNE5,2016- . UTILITY ADVISORY COMMITTEE LIAISON NOTES, JUNE: 13,20I6-COUNCIMIEMBEK TOWNSEND - PUBLIC WORKS 8. COMMITTEE REPORTS COUNCILMEMBER ROTH D. ETHICS BOARD LIAISON NOTES, JUNE20,2016- - COUNCILMEMBER SCOTT 9. REVIEW UPCOMING COUNCIL MEETING AGENDAS 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT 1. CALLTO ORDER/ROLLCALL/PLEDGE OF ALLEGIANCE 7:00P PM and prepared the minutes. Everyone stood fort thel Pledge of Allegiance. Deputy Mayor Blossom called the meeting to order at 7:001 PM with Councilmembers. Medina, Peltier, Roth, Scott and Townsend present. Mayor Tollefson was absent and excused. City Clerk Lassoff monitored the recording of the meeting 2. ACCEPTANCE ORI MODIFICATION OF THE. AGENDA/CONFLICT OF INTEREST DISCLOSURE 7:00PM MOTION:. Approve the agenda as presented. TOWNSEND/ROTH: Motion carried 6-0. There were no conflicts ofinterest disclosed. REGULAR CITY COUNCIL BUSINESS MEETING MINUTES TUESDAY,UNE2.016 3. PUBLICCOMMENT 7:021 PM Amalia Walton spoke on behalfofIcicle Seafoods. She shared their conçern regarding the prohibition of new net pen Kelly Muldrow, Chamber of Commerce, read from aj prepared statement regarding their opposition to using City funds aquaculture. toj pay for an electric utility study. 4. CITY MANAGER'S REPORT 7:061 PM No report was given. 5. PRESENTATION 7:07 PM A. PUBLIC WATER. ACCESS COMMITTEE STATUS REPORT - PUBLIC WATER. ACCESS COMMITTEE The Harbor Commission and Road Ends Committee were merged by Ordinance 2015-13 in July of2015. Since then, much of the committee's initial work was devoted to learning where their missions overlapped and how to effectively work together. As part oft thej process, the committee has recognized thatt the goal we share as individuals, notj just as a group, is the enhancement and preservation ofs safe access to our shores and waters for all islanders. In recognition oft thats shared goal of access to marine waters, the committee has agreed they would prefer to be known as thel Marine. Access Committee, and respectfully requested the Council to make that change on their behalf. PWAC Co-Chair Wright gave al brief presentation on the committee progress this year. 6. NEWI BUSINESS (PUBLIC COMMENT INVITED ONI EACH ITEM) A. ORDINANCE NO. 2016-07, CHANGING THE PUBLIC WATER ACCESS COMMITTEE NAMETO In2015, thel Road Ends Committee and thel Harbor Commission were combined to form the Public Water Access Committee MARINE ACCESS COMMITTEE, AB 16-095- -1 EXECUTIVE 7:15 PM City Manager Schulze introduced the item. ("PWAC"). The PWAC desires to change its name to the Marine Access Committee. No public comment was offered. MOTION: Imove that the City Council, forward Ordinance No. 2016-07 to the. July 12, 2016 Consent Agenda. TOMASENDPELTIER: Motion carried 6-0. B. SECTOR SERVICE LEVEL. AGREEMENT WITH WASHINGTON STATE: PATROL, AB 16-096-1 POLICE Police ChiefHamner requested that the SECTOR Servicel Level Agreement between the Washington State Patrol (WSP) and the Bainbridge Island Police Department bei renewed. The. Agreement defines roles and expectations in regard to the Statewide Electronic Collision and Ticket Online Records (SECTOR) processes including a method for resolving technical issues. Through al Kitsap County grant, Bainbridge Island police vehicles have been equipped with SECTOR equipment. Kitsap County and the Bainbridge Island Municipal Courts have agreed to accept electronic infractions and citations through The SECTOR Service will allow Bainbridge police officers toi issue notiçe of infractions, criminal citations and accident reports immediately to the offender and electronically to the police department and the courts. There are no costs associated withi this 7:181 PM the SECTOR Service. agreement. Noj public comment was offered. MOTION: Imove that the City Councilj forward the SECTOR Service Level Agreement with Washington State Patrol to the July 12, 2016 Consent Agenda. SCOTT/ROTH: Motion carried 6-0. 2 REGULAR CITY COUNCIL BUSINESS MEETING MINUTES TUESDAY,UNE25.06 C. - WATERFRONT PARK: MEMORIAL BENCH DONATION AGREEMENT, AB 16-092-1 PUBLIC WORKS Engineering Project Manager Epstein introduced the item. He explained the City and Denise McKelvey have agreed toj place a bench ini memory of] Jessie Hey at Waterfront Park.. Jessie Hey (1929-2014) was a longtime Bainbridge Island resident and community activist. Jessie had a passionate drive tol keep the essence of Bainbridge Island alive from protecting our shorelines toj preserving and supporting local businesses. She was a former Winslow City Councilmember and member of thel Bainbridge The Citys shall ber responsible for the maintenance of thel bench and the terms oft the Agreement shall be five years or until the 7:201 PM Island Concerned Citizens group. property is sold. MOTION: Imove that the City Council, forward the Waterfront Park Bench Donation Agreement to the. July 12, 2016 consent agenda. PELTIER/ROTH: Motion carried 6-0. D. ORDINANCE NO. 2016-13, RELATING TO THE CITY'S FIRE CODE, AB 16-097- PLANNING7 7:25 PM The State of Washington regularly updates the adoption period ofi new model building code that begins with the availability of the new editions every three years and ends with formal adoption of thel building code as amended by the Council. The City of Bainbridge Island last adopted the Washington State Building Codes in. June 2013. The new Washington State Building Codes willl be effective, statewide on July 1,2015. The International Fire Code (Chapter 51-54A WAC) is adopted by the Washington The 2015 edition oft thel International Fire Code, published by thel International Code Council, is hereby adopted by reference Assistant Fire Chief Carpenter introduced the item and explained the key changes. State Building Code Council pursuant to Chapters 19.27 and 70.92 RCW. with the following additions, deletions, and exceptions. MOTION: Imove that the City Council forward Ordinance No. 2016-13 to the. July 12, 2016 consent agenda. SCOTT/PELITER: Motion carried6-0. E. ORDINANCE NO. 2016-14, RELATINGTOTHE CITY'S BUILDING CODES AND REGULATIONS, AB 16-098-1 PLANNING 7:59) PM Building Official Weaver introduced the item. The State of Washington regularly updates the adoption period of new model building codes that begins with the availability of the new editions every three years and ends with formal adoption of the building code as amended by the Council. The City of Bainbridge Island last adopted the Washington State Building Codes inJ June 2013. The: new Washington State Building Codes The regular Washington State Building Code updates are reviewed through the State Building Code Council which was created to advise the Legislature on building code issues and develop the building codes used in Washington State. These codes help ensure buildings and facilities constructed in the state are safe and healthy for building occupants, accessible toj persons with disabilities and the elderly, and energy efficient. The code updates and amendments cannot take effect until they sit througha Additions to the 20161 referenced City of Bainbridge Island Building Code are the 2015 ICC separation of"Pool and Spa" codes into a separate reference document, thei inclusion oft the 2015 International Green Construction Code added as an adopted alternative building code and the inclusion ofreference for the 2015 International Property and) Building Maintenance code to RCW 19.27.031 dictates adoption oft the Washington State Building Code in all city and county. jurisdictions within Washington willl be effective statewide on. July 1,2016. legislative session which occurred in 2016. provide assistance with code enforcement cases. State and willl be effective on July 1,2016. No public comment was offered. 3 REGULAR CITY COUNCIL BUSINESS MEETING MINUTES TUESDAY,UNE26.06 MOTION: Imove that the City Council forward Ordinance No. 2016-14 to the. July 12, 2016 consent agenda. MEDINA/SCOTT: Motion carried 6-0. F. ORDINANCE NO. 2016-06, REVISING AQUACULTURE REGULATIONS AS A LIMITED AMENDMENTS OFTHE SHORELINE MASTER PROGRAM (SMP), AB 16-046-1 PLANNING 7:36P PM Senior Planner Carr explained the proposed ordinance was introduced at the. June 14,20161 business meeting and that written/oral public comment was received. City Council deliberated on the overall impact of commercial aquaculture on shoreline ecological function and process as well as specific language as proposed in thel limited amendment. City Council Staff1 has yet to prepare. justification/rationale to the Department of Ecology to support changes as required by WAC17326- 201(1). The revisions to date reflect input and direction staff has received from Ecology as to whether or not they would approve the changes. The items noted by Ecology as edimgsatitctonnatomaie arei notedi in the comments of Attachment. A Additional time is needed to gather applicable scientific and technical information and complete a supporting narrative fort the directed staff to make. several changes tot the proposed limited amendment. included int the agenda packet. proposed limited amendment that includes al land use and legal analysis. Pending input from City Council staffis proposing the following schedule: July 1: SEPA DNS published July 26: Public hearing (continue to accept public comment until August 2) Mayor Tollefson submitted written comments. Councilmember Scott commented on the dangers ofp plastic pollution in the ocean environment especially asi it relates to micro plastics. He asked the City Council to consider whether it was feasible toj phase in a ban of any materials that do not naturally Councilmember Peltier suggested banning specific materials that release harmful chemicals andj particles into the environment Councilmember Roth thought it would be helpful to! know what thei implications were in further revising the ordinance. City Attorney Marshall indicated the City Council could move forward to the public hearing before having all the issues addressed. Councilmember Townsend: asked what the effects ofr net pens were and what the impacts would be ift the Department of Ecology determined this tol be a defacto ban. Senior Planner Carri indicated the City is trying to get to the point where there isa distinction so that some of the regulations that unduly effect net pen aquaculture unintentionally do not do that. She Councilmember Medina commented on thej possibility of phasing out plastics for non-commercial aquaculture applications. He suggested a change as tol how Regulations-Prohbred as shown in section: 5.2.3 oft the ordinance is cited. Councilmember Peltier asked staff what they needed: from the City Council before the public hearing to incorporate language taking ai firmer position onj plastics. Senior Planner Carr indicated shel has received direction. Maradel Gale: recalled part of thes settlement discussion was that Ecology had agreed that we could say no new: net pens. Councilmember Scott did not agree with language that would possibly allow the use oftractors or mechanical equipment ift they Councilmember Townsend commented on waste receptacles. Senior Planner Carr noted they would be addressed at the biodegrade or undergo oxidized decay in an aquatic environment. as well as phasing out the use of plastic for shellfish. gardens. shared different scenarios. Public Comment are expressly permitted subject to an approved mitigation plan. conditional permit phase and the applicant would be required to submit an operational plan. REGULAR CITY COUNCIL BUSINESS MEETING MINUTES compromise or change that might work to the benefit ofall parties. TUESDAY, JUNE: 28, 2016 Councilmember Roth didi notl like the notion that down the road the City would be taking away any ability to make a Councilmember Scott noted, as a default position, that he would rather leave the language as it exists in the current draft regarding prohibition but ift the City hears industry or public comment that suggestions possible mitigation measures that Councilmember Peltier could not envision how one would mitigate driving heavy equipment on the beach or entertain that Councilmember Townsend commented on the incorporation of lighting regulations. Senior Planner Carr explained harvesting usually occurs during nighttime hours soi ifv we were to say no lights, that would be a defacto ban. She added the City's overall lighting regulation would be incorporated except our code currently indicates no light can shine on the sound, which clearly might be approved, he would be persuaded. possibility. does not work for aquaculture. MOTION: Iwould like toi move that aj public hearing be held on. July26,2016 on thel limited amendment to the 2014 Shoreline Master Program (SMP). related toa aquaculture, policies and regulations. SCOTT/PELTIER Deputy Mayor Blossom asked whether by saying there could not be any new: net pens that would make existing pens a non- conforming use to which City Attorney Marshall replied yes. Senior Planner Carr noted there would be a couple of different stranguries for addressing that. Motion carried 6-0. G. CITIZEN ADVISORY COMMITTEE APPOINTMENTS, AB 16-093-MAYOR TOLLEFSON 8:081 PM City Manager Schulze introduced thei item. Design Review Board MOTION: Imove the City Council confirm the appointment ofJoe Dunstan to the Design. Review. Board, Position 3, to complete ai three-year term expiring MOTION: Imove the City Council confirm the reappointment of Alan Grainger to the Design Review Board, Position. 5, to ai three-year term MOTION: Imove the City Council confirm the appointment ofJason Wilkinson to the Design. Review. Board, Position 6, to a three-year term MOTION: Imove the City Council confirm the reappointment ofChris Gutsche to the Design Review. Board, Position 7, to at three-year term expiring June 30, 2018. expiring June 30, 2019. expiring June 30, 2019. June. 30, 2019. PELITER/ROTH: Motion carried 6-0. Environmental Technical Advisory Committee MOTION: Imove the City Council confirm the appointment of. Jason Flowers to the Environmental Technical. Advisory Committee, Position. 5, to a three-year MOTION: Position 6, Frank Gremse, reappointed: to a term that would expire term expiring June 30, 2019. also June 30, 2019, ROTHITOWNSEND: Motion carried 6-0. 5 REGULAR CITY COUNCIL BUSINESS MEETING MINUTES IUESDAY,UNE25.206 Ethics Board MOTION: Imove the City Council confirm the appointment of Scott Wilder to the Ethics Board, Position 4, to at three-year term expiring. June. 30, 2019, SCOTT/PELTIER: Motion carried 6-0. Historic Preservation Commission MOTION: Imove the City Council confirm the reappointment of Dave Williams, Position. 2, to complete a three-year term expiring June 30, 2017. MOTION: Imove the Council affirm the reappointment of Will Shopes, Position 4, to complete a three-year term expiring June. 30, 2018. SCOTT/PELTIER: Motion carried 6-0. Non-Motorized Transportation Advisory Committee MOTION: Imove the City Council confirm the reappointment of! Patty Lyman, Position 6, to a three-year term expiring June. 30, 2019. MOTION: Imove the Cily Council confirm the reappointment of Demi Allen, Position 7, to at three-year term expiring June 30, 2019. ROTH/PELTIER: Motion carried 6-0. Planning Commission MOTION: Imove that the City Council confirm the reappointment of Maradel Gale to the Planning Commission, Position. 3, to a one-year term expiring MOTION: Imove that the City Council confirm the reappointment of William Chester to the Planning Commission, Position. 5, to a three-year term expiring MOTION: Imove that the City Council confirm the reappointment ofLisa Macchio to the Planning Commission, Position 6, to a three-year term expiring MOTION: Imove that the City Council confirm the reappointment of Michael Killion to the Planning Commission, Position 7, to at three-year. term expiring June. 30, 2017. June. 30, 2019. June 30, 2019. June. 30, 2019, TOMNSEND/ROTH: Motion carried 6-0. Public Water Access Committee MOTION: Imove that the City Council confirm the reappointment ofTom Hudson to the Public Water. Access Committee, Position. 2, to complete a MOTION: Imove that the Cily Council confirm the reappointment ofJohn Brownlow toi the Public Water Access Committee, Position. 3, to complete MOTION: Imove that the City Council confirm the reappointment ofGreg Spils to the Public WaterAccess Committee, Position 4, to complete ai three-year three-year term expiring June. 30, 2017. at three-year term expiring June 30, 2018. term expiring June. 30, 2018. 6 REGULAR CITY COUNCIL BUSINESS MEETING MINUTES TUESDAY,JUNE28, 2016 MOTION: Imove that the City Council confirm the reappointment of Fred Grimm to the Public Water Access Committee, Position. 5, to complete a MOTION: Imove that the City Council confirm the reappointment of! Frank Ostrander to the Public Water. Access Committee, Position 6, to a three-year term MOTION: Imove that the City Council confirm the reappointment of Elise Wright to the Public Water. Access Committee, Position 7, to a three-year term expiring three-year term expiring June. 30, 2019. expiring June 30, 2019. June 30, 2019. MEDINA/PELTIER: Motion carried 6-0. Solid Waste Advisory Committee MOTION: Imove the City Council confirm the reappointment of Diane Landry as the City's representative to Kitsap County's Solid Waste Advisory Committee expiring December, 2019. SCOTTIONNSEND: Motion carried 6-0. Utility Advisory Committee MOTION: Imove that the City Council confirm the reappointment ofs Steve Johnson to the Utility Advisory Committee, Position. 5, to ai three-year term MOTION: Imove that the City Council confirm the reappointment ofJef Kanter to the Utility. Advisory Committee, Position 6, to a three-year term MOTION: Imove that the City Council confirm thet reappointment ofTed Jones to the Utility. Advisory Committee, Position 7, to a three-year term expiring June. 30, 2019. expiring June. 30, 2019. expiring June. 30, 2019. TONSENDPELTIER: Motion carried 6-0. 7. CONSENT AGENDA 8:17PM A. CONSENT AGENDA COVER SHEET B. ACCOUNTS PAYABLE VOUCHER AND PAYROLL APPROVAL Accounts Payable Manual Check Numbers 341752 through 341763 and Regular Run Check Numbers 341764 through 341859 fora at total of $680,172.15. Payroll Direct Deposit Check Numbers 036132 through 036247, Regular Run Checkl Numbers 107658 through 107665, Vendor Checkl Numbers 107665 through 107678, Miscellaneous Check Number 107679, Vendor Check Number 107680 and Federal :. REGULAR CITY COUNCIL BUSINESS MEETING MINUTES, MAY2 24, 2016 D. REGULAR CITY COUNCIL STUDY SESSION MINUTES,JUNE 7, 2016 E. REGULAR CITY COUNCIL BUSINESS MEETING MINUTES, JUNE 14,2016 REGULAR CITY COUNCILI STUDY SESSION MEETING MINUTES, JUNE: 21, 2016 G. AMENDMENT TOI PROFESSIONAL: SERVICES AGREEMENT WITHJOSEPH TOVAR FOR COMPREHENSIVE PLAN UPDATE SERVICES, AB 15-062 - PLANNING Approve the amendment to the Professional Services Agreement as specified with. Joseph Tovar byi increasing the dollar amount by $50,000 for ai new total of$170,365. H. 2016 ANNUAL ROAD STRIPING CONTRACT AWARD, AB 16-085-1 PUBLIC WORKS Approve the 2016. Annual Roads Striping project construction award to Specialized Pavement Marking, Inc. in the bid amount of$143,417.66, and budget amendment of $23,000.00 from the Annual Roads Program, increasing the spending authority for this] project. Tax Electronic Transfer for at total of $475,346.51. 7 REGULAR CITY COUNCIL BUSINESS MEETING MINUTES TUESDAY,UNE24.2016 WYATT WAY DESIGN, PROFESSIONAL: SERVICES AGREEMENT AMENDMENT: #1, Approve the mini-roundabout design preferred alternative and Professional Services Agreement with MIG/SVR Design Company in the amount of $258,960.00 for the Wyatt Way Reconstruction Phase J. RESOLUTION: NO. 2016-10, AMENDING THEI FEE SCHEDULE, AB 16-045-1 FINANCE On May 24, 2016, this item was introduced at a study session and was forwardedi to the June 14 Consent agenda. The packet for the. June 14 meeting inadvertently omitted the resolution adopting thei fee schedule. Thei item tonight corrects that error, including thei resolution adopting the fee schedule AB 14-114-PUBLIC WORKS 1p project. along with the current Fee Schedule. MOTION: Imove the City Council approve the Consent Agenda Items. A throughJ as presented. TOWNSENDPELTIER: Motion carried 6-0. 8. COMMITTEE REPORTS 8:191 PM A. PUBLIC WATER ACCESS COMMITTEE NOTES, MAY7A AND 9, 2016-C COUNCILMEMBER MEDINA B. NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE LIAISON NOTES, JUNE5,2016- . UTILITY ADVISORY COMMITTEE LIAISON! NOTES, JUNE ,86-COUNCILAMEMBER D. ETHICS BOARD LIAISON NOTES, JUNE20, 2016-C COUNCILMEMBER SCOTT COUNCILMEMBER ROTH TOWNSEND No other reports were offered. 9. REVIEW UPCOMING COUNCIL MEETING AGENDAS 8:191 PM City Manager Schulze reviewed the. July 5 study session agenda and upcoming calendar. 10. FORTHE GOOD OF THE ORDER 8:25PM Councilmember Peltier requested a discussion ofi initiative and referendum powers be added to the. July 19 agenda. Councilmember Scott reported on the. AWC conference he attended last week with Mayor Tollefson. Councilmember Townsend thanked City Attorney Marshall for her service with the City over the last few years. 11. ADJOURNMENT 8:28P PM Deputy Mayor Blossom adjourned the meeting at 8:281 PM. Val" RAA loalincD. OD Rosalind D. Lassoff, City Clerk 8