City Council

Oak Harbor City Council Regular Meeting Minutes February 16, 2021 Due to COVID-19, there was NO physical meeting location per WA Proclamation 20-28. Meeting was viewable live via YouTube and was telephonically available at (623)404-9000, Meeting ID: 149 766 1467 (NOTE: Audio only, No Comments). CALL TO ORDER Mayor Severns called the meeting to order at 6:00 p.m. Invocation – Led by Pastor David Parker, First United Methodist Church Pledge of Allegiance – Led by Mayor Severns ROLL CALL City Council Present: Videoconference Staff Present: Videoconference Mayor Robert Severns City Administrator Blaine Oborn Mayor Pro Tem Munns Finance Director David Goldman Councilmember Tara Hizon Development Services Director David Kuhl Councilmember Joel Servatius Senior Planner Cac Kamak Councilmember Erica Wasinger City Engineer Jim Bridges Councilmember Jim Woessner Operations Manager Steve Bebee Councilmember Jeff Mack Parks Operations Manager Jesse Ott Councilmember Goebel Central Services Supervisor Sandra Place Senior Services Administrator Liz Lange Fire Chief Ray Merrill Police Chief Kevin Dresker Assistant City Attorney Anna Thompson City Administrator Assistant Lisa Felix Public Information Officer Sabrina Combs City Clerk Julie Lindsey Also in attendance: City Consulting Attorney Grant Weed of Weed, Graafstra & Associates 1. APPROVAL OF AGENDA Hearing no suggested changes, the agenda was approved as presented. 2. PRESENTATIONS Mayor Severns was pleased to introduce U.S. Representative Rick Larsen and his assistant Brittany Jarnot for a Community Presentation. Representative Larsen thanked the Mayor and City Council for the opportunity to join the meeting and provide more outreach to the communities he serves. Regular Meeting Minutes- February 16, 2021 Page 1 of 13 Representative Larsen touched on topics related to COVID-19, including the gaps that remain in vaccine distribution across the state, local distribution, and the need to keep wearing masks. He stated he was heartened to see Island County’s move to Phase 2 of the State plan and noted his expectation that the U.S. House of Representatives would pass the Biden/Harris COVID-19 relief packet and then forward it to the Senate. Both are facing a March 14, 2021 deadline when prior unemployment benefits run out. He explained that unlike the CARES Act funding, the new plan includes more flexibility in how funds are used, including a provision for revenue replacement. Once approved, funding will be allocated within 60 days of passage. More stimulus checks will be out soon, including a total of $128.5 billion for schools to help with reopening safely. Representative Larsen explained the government is working on a recovery package that includes trans- portation and infrastructure funding, including funds for Island Transit. He also addressed the increasing childcare needs for Island County, which has increased 20%. Representative Larsen acknowledged there was still work to be done. He expressed his support for Naval Air Station Whidbey Island and the community. He voiced hopeful expectations for a new Con- gress and new administration. In response to comments from the Council, Representative Larsen noted his office would follow-up re- garding what programs were needed in Oak Harbor and the region. He thanked the Mayor and Council once more for providing him time this evening. 3. CITIZEN COMMENT PERIOD Mayor Severns explained citizens could comment on subjects of interest. Public comment could be submitted using the on-line comment form at bit.ly/OHPublicComment, or by email to the City Clerk at jlindsey@oakharbor.org or by calling 360-279-4539 after 5 p.m. on the Friday preceding the meeting and prior to the meeting. To ensure comments are recorded properly, please state your name clearly when leaving a message. Please limit your comments to three minutes. Mayor Severns noted for tonight’s Council meeting, the City received public comments regarding agenda item 9.c. Proposed Acquisition of the “Angel of Creativity” sculpture, which the City Clerk would address when reaching that agenda item. 4. CONSENT AGENDA Consent Items a. Approval of Payroll and Accounts Payable Vouchers b. Approval of Minutes: Regular Council meeting of February 2, 2021 c. Interlocal Agreement – Snohomish County Fire District #4 d. Interlocal Agreement – King County Fire District #27 e. Ordinance No. 1923 – Amending OHMC 6.12 by adding a new section entitled “Reserva- tion in City Fields” Hearing no objections or changes, the Consent Agenda was approved as presented. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor Mayor Severns provided his respective comments and announcements. Regular Meeting Minutes- February 16, 2021 Page 2 of 13 Community Response to COVID-19 City facilities remain open. There are many options to conduct business and connect with staff virtually. Electronic bill pay, virtual development application meetings, virtual boards and commissions meetings, and an online comment portal are just a few of the ways the City has adapted to meet the needs of the community during this pandemic. More details and resources about the local impact of COVID-19 can be found on the City’s website, www.oakharbor.org/covid19. Vaccinations The Community Guidance from Island County Public Health shows that as of February 4, 2021: 10,425 individuals in Island County received their prime (first) dose of vaccine and 6,025 received their booster (second) dose. Currently, providers in Island County are vaccinating individuals with Pfizer and Moderna doses. Vaccine shipments are going slower than expected. We appreciate the work of com- munity partners, volunteers, providers, vaccination teams, and people helping community members get appointments. Mayor Severns shared the link to Island County Public Health’s COVID-19 Vaccination Information page from the City’s Website and Facebook page. Island Transit Press Release: Response to Mask Mandate Island Transit issued a press release in response to the federal mandate from the Transportation Secu- rity Administration. Effective Feb. 2, Federal law requires all public transportation riders to wear a mask covering their nose and mouth at all times. Free masks are available on all buses. Island Transit remains committed to working with public health authorities to implement the latest in preventative measures to protect their riders and employees. Island Transit's number one goal is safety. For more information, visit the Island Transit website at www.islandtransit.org. Letters to Governor Inslee Mayor Severns reported he sent two letters to the Governor’s office on February 4th, one regarding Island County’s vaccine allocation, and one requesting that he separate Island County from Skagit, Whatcom, and San Juan counties, and allow us to enter Phase 2. The response from the Governor’s office was consistent with his press conference that same afternoon, in which he expressed that the Regions will not be altered. On February 3rd, the Legislative District 10 Representatives sent a joint letter to Governor Inslee expressing many of my same concerns. He was pleased to hear Governor Inslee’s February 11th announcement that the North Region would be moving to Phase 2, and then updating the effective date to this past Sunday, February 14th. AWC City Action Days This past Wednesday and Thursday, the City Administrator Oborn, Mayor Pro-Tem, and Mayor Severns attended AWC’s City Action Days. Held annually during the legislative session, this popular event allows attendees the opportunity to interact with colleagues as they educate statewide decision-makers about city legislative priorities. This year the format was virtual and included training sessions on lobbying state legislators. City Snow Response Mayor Severns offered his thanks to City Operations Manager Steve Bebee and our Streets team for their responsiveness to the recent snowstorm. They did a great job of keeping our streets open and responding to businesses’ and residents’ needs. He also thanked the Oak Harbor Fire and Police de- partments for their continued community service. Two City Staffers moving on to new opportunities Tonight marks the last regular Council meeting for City Engineer, Jim Bridges and City Stormwater Engineer, Brad Gluth. Both have contributed a great many years of time and expertise to the City and we thank them and wish them well in their new endeavors. Regular Meeting Minutes- February 16, 2021 Page 3 of 13  b. Councilmembers Councilmembers Servatius and Woessner provided their respective comments and an- nouncements. 6. PUBLIC HEARINGS & PUBLIC MEETINGS a. Intent to Commence Annexation Senior Planner Kamak presented an annexation request made to the City by Michael Goode, involving 1.8 acres comprising two parcels at the northwest corner of Gun Club Road. The property is contiguous to the City limits across Oak Harbor Road. The property owners to the west are also interested in an- nexation. Senior Planner Kamak reviewed the process for annexation and discussed the benefits in annexation of Gun Club Road, and for the Harbor Heights Development. Staff’s recommendation is to conduct a meeting with the applicant, and for Council to move to accept the annexation request. This will allow the City to move forward and staff will review and bring the proposed annexation back to the Council. Mayor Severns confirmed no public comment was received for this item. Councilmember Woessner provided his respective questions and comments. 7. ORDINANCES & RESOLUTIONS a. Resolution 21-06: Establishing the City Oak Harbor’s Shop Local Campaign as a City Priority Public Information Officer Combs presented the item, provided at the request of Councilmember Serva- tius at the February 2, 2021 City Council meeting. The Shop Local Campaign promotes local businesses via the City’s website, social media, an electronic sign at Beeksma Gateway Park, eNews, and Videos, and helps businesses with grants and assistance programs. Councilmember Servatius and Mayor Pro Tem Munns provided their respective questions and com- ments. Mayor Severns confirmed no public comment was received regarding this item. Motion: Councilmember Servatius moved to adopt Resolution 21-06, establishing the City of Oak Har- bor’s Shop Local Campaign as a City priority. The motion was seconded by Mayor Pro Tem Munns and passed unanimously. 8. CONTRACTS & AGREEMENTS a. Ft. Nugent Electric Flyers - Agreement to Fly Model Airplanes in the Park City Attorney Weed provided the background regarding the item as well as points regarding contracting, insurance and operating rules that have been addressed in the Agreement. He noted there might also need to be a lease agreement between the City and the Oak Harbor School District. The current lease expires May 31, 2021. The School District property is also adjacent and has been used by the Flyers group. Assistant City Attorney Thompson is in touch with the School District and working on this aspect. Regular Meeting Minutes- February 16, 2021 Page 4 of 13 City Attorney Weed reviewed the options for the Council, to either wait and see if the lease can be extended and postpone action, or to go ahead an authorize entering into an Agreement with the Ft. Nugent Flyers that would expire May 31st, but could be extended after the City meets with the School District. Mayor Severns confirmed the City received no public comment on this item. Councilmembers Servatius and Hizon provided their respective questions and comments. Motion: Councilmember Hizon moved to authorize the Mayor to Sign the Agreement with the Ft. Nugent Electric Flyers as presented. The motion was seconded by Councilmember Woessner and passed unan- imously. b. 2021 Transportation Benefits District / 20021 Street Overlay Interagency Agreement with Island County City Engineer Bridges reviewed the item which outlined a reimbursable Interagency Agreement with Island County. The Agreement provides for contract bidding and construction management services for the 2021 TBD asphalt overlays and the 2021 Street Overlay Project. The estimated costs of the projects is as follows: 2021 TBD Project: $577,257.00 2021 Street Overlay Project: $480,457.00 The total estimated cost for both projects is $1,132,298.00, which includes a 7% contingency fee. En- gineer Bridges provided a modified map of the areas included in the Agreement. Mayor Severns confirmed the City received no public comments on this item. Mayor Pro Tem Munns and Councilmember Woessner provided their respective questions and com- ments. Motion: Councilmember Woessner moved to authorize the Mayor to sign the Interagency Agreement with Island County to provide services for the 2021 TBD Project and the 2021 Street Overlay Project for the City of Oak Harbor. The motion was seconded by Mayor Pro Tem Munns and passed unanimously. City Engineer Bridges thanked the Mayor and Council, noting it had been his pleasure to serve the Council and the community. 9. OTHER ITEMS FOR CONSIDERATION a. Arts Commission: Resolution 21-09: Authorizing a Professional Services Agreement with Patrick McVay for the Acorn Sculpture Project and Approval of said PSA Parks Operations Manager Ott presented the item and provided background on the Project. At their June 2, 2020 meeting, City Council authorized staff to solicit requests for qualifications for one Acorn Sculpture, for an amount not to exceed $15,000. This represented a reduction in the scope of work and amount previously approved by Council at their April 24, 2019 meeting. Staff worked with the Arts Commission to develop the specifics of the RFQ. The Arts Commission received one proposal from Artist Patrick McVay and approved its submittal to Council at their November 19, 2020 Arts Commission meeting. The Professional Services Agreement has been finalized and was presented this evening, along with a resolution, for Council approval. The City is Regular Meeting Minutes- February 16, 2021 Page 5 of 13 reaching out to the U.S. Postal Service in regard to placement of the sculpture at the Oak Harbor Post Office. Mayor Pro Tem Munns and Councilmembers Wasinger, and Hizon provided their respective questions and comments. Mayor Severns confirmed there was no public comment received for this item. Motion: Councilmember Hizon moved to approve Resolution 21-09 authorizing the Mayor to enter into a Professional Services Agreement with Patrick McVay for the creation of the Acorn Sculpture Project. The motion was seconded by Councilmember Servatius and passed unanimously. Motion: Councilmember Hizon moved to authorize the Mayor to sign the Professional Services Agree- ment with Patrick McVay for the Acorn Sculpture Project for an amount not to exceed $15,000. The motion was seconded by Councilmember Servatius and passed unanimously. b. Arts Commission: Resolution 21-07: Authorizing the Expenditure of Creative Arts Funds for the Installation of and Designating the Location for the Sculpture Piece known as the “Joseph Kinnebrew Sculpture Collection: Temple Blue” Parks Operations Manager Ott provided background information and reviewed the item for the Council. The City Council approved the acquisition and transportation of the four sculpture pieces from the Jo- seph Kinnebrew collection with repair of the pieces as necessary at their December 4, 2018 meeting. The original vision for placement was in a sculpture park that did not come to fruition and the Arts Com- mission recommended alternate locations for each of the four pieces at their August 20, 202 meeting. The recommendation for the Temple Blue location is in the pocket park located at SR 20 ands NE Koetje Street. Staff estimates the cost of installation not to exceed $15,000. Repairs and painting of the piece by the City totals approximately $10,000. Councilmembers Servatius and Goebel provided their respective questions and comments. Mayor Severns confirmed no public comment was received for this item. Motion: Councilmember Servatius moved to approve Resolution 21-07, authorizing the expenditure of Creative Arts Funds not to exceed $25,000 for the repairs, painting, installation of and designating the location for the Sculpture Piece known as the “Joseph Kinnebrew Sculpture Collection: Temple Blue.” Mayor Pro Tem Munns seconded the motion, which passed unanimously. Mayor Severns announced he had heard from City Attorney Weed that a motion was needed regarding the earlier agenda item 6.a. Intent to Commence Annexation. Attorney Weed explained by way of providing more background regarding annexation, what was pre- sented was a first step, commonly referred to as the 60% annexation process. He provided a prosed motion for action to authorize moving forward and authorizing circulation of a 60% petition proposition and motion to accept the annexation request. Councilmember Servatius provided his questions and comments. Motion: Mayor Pro Tem Munns moved to accept the annexation request and geographically modify the area to include two properties to the west and allow the applicant to circulate an annexation petition and require adoption of Industrial zoning and require the annexed properties to share City indebtedness. Councilmember Servatius seconded the motion, which carried unanimously. Regular Meeting Minutes- February 16, 2021 Page 6 of 13  c. Arts Commission: Proposed Acquisition of the “Angel of Creativity” Sculpture. Mayor Severns introduced the item, which he noted was being brought forward to City Council for action sooner than it normally would be. Typically, a proposed Arts Commission project would be presented at a workshop and go through various levels of vetting at the staff, Arts Commission, and Park Board prior to being presented to City Council for action. However, due to the extensive scope and community impact of this piece, he asked Council to give a definitive directive to staff on whether or not to proceed with the project. This sculpture was introduced to the Arts Commission and Park Board in 2019, but at the time it was not available as it was being given to the City of Bellingham. The artist’s estate has since withdrawn the offer to the City of Bellingham. Mayor Severns noted he was contacted by representatives of the Arts Commission and Richard Nash about this project and heard a presentation from the group on January 29th. He asked staff to provide an initial assessment and their concerns, which was presented to City Council as part of the agenda packet for this meeting. Richard Nash from Sculpture Northwest and Rodric Gagnon, Arts Commission Chairman, provided a five-minute presentation on the “Angel of Creativity Sculpture”, after which Parks Operations Manager Jesse Ott gave the staff presentation. Mayor Severns noted the City had received several public comments regarding this item and asked City Clerk Lindsey to address the public comments received. City Clerk Lindsey acknowledged the City received a number of comments and reviewed how public comments for Council meetings could be submitted: 1. Using the City’s online website comment form for Council Meetings 2. By email to the City Clerk, prior to 5:00 p.m. on the day of the meeting 3. By leaving a voicemail after 5:00 p.m. on the Friday preceding the meeting and prior to 5:00 p.m. on the day of the meeting. All comments submitted using these methods were included in the meeting presentation. Due to the volume received, all comments were displayed on screen as well as included as an attachment to the meeting record. All comments were also provided to the City Council in advance of the meeting. Mayor Severns opened the floor to comment from the Council and noted if there were questions that could not be answered by staff at the time, they would be compiled and provided to Council at a later date. He noted he would ask Council to take action on one of the three options listed in the Recom- mended Action section for the item, or to propose their own motion. Mayor Pro Tem Munns and Councilmembers Servatius, Mack, Wasinger, Hizon, Goebel, and Woessner provided their respective comments to the presenters, staff and legal counsel. Motion: Councilmember Servatius moved to instruct staff to explore in more detail, accepting the gift of the “Angel of Creativity” sculpture and address Council concerns, to be presented at our March 24th Workshop. Prior to any further discussion or a vote on the motion, Mayor Severns observed the lateness of the hour and requested a motion to suspend the Council rules and allow the meeting to continue. Motion: Councilmember Servatius moved to suspend Council rules and extend the meeting to 9:45 p.m. The motion was seconded by Mayor Pro Tem Munns and carried unanimously. Following additional discussion of the “Angel of Creativity” sculpture, including added questions and concerns by Council, the Clerk repeated the motion by Councilmember Servatius, which was seconded by Councilmember Hizon. Following more discussion, the vote on the motion passed unanimously. Regular Meeting Minutes- February 16, 2021 Page 7 of 13 10. REPORTS & ITEMS FOR DISCUSSION a. Ordinance No. 1920: Model Home Code – Draft Development Services Director Kuhl reviewed the draft ordinance for the Council, following up on the Council discussion at their January 27, 2021 Workshop. A public hearing is scheduled with the Planning Commission for February 23, 2021. Some of the changes proposed include the ability to build a model home at the same time as the streets, water, sewer, and stormwater improvements are under construc- tion. Conditions will require completion of these improvements prior to occupancy of the model homes. The SEPA checklist is complete and the notice to the Department of Commerce is underway. A public hearing is scheduled for the March 16, 2021 Council meeting. Councilmember Servatius, Mayor Pro Tem Munns, and Councilmember Mack provided their respective questions and comments. 11. EXECUTIVE SESSION Mayor Severns announced that the City Council would go into executive session for the purpose of discussing litigation with legal counsel per RCW 42.30.110 (1) (i). Anticipated duration was ten minutes. Mayor Severns noted the Council was not expected to take action upon return to the open session. Executive Sessions are not open to the public. The Council entered into Executive Session at 9:28 p.m. The Council came out of the executive session at 9:36 p.m. Mayor Severns noted no action would be taken regarding the litigation matter discussed. ADJOURN Motion: Motion by Councilmember Woessner to adjourn, second by Mayor Pro Tem Munns The motion was approved by a unanimous vote, therefore the meeting adjourned at 9:37 p.m. Certified by Julie Lindsey, City Clerk Attachment – Letter from Richard Nash, included at Council request Regular Meeting Minutes- February 16, 2021 Page 8 of 13  Oak Harbor City Council Meeting Current update on Angel on Creativity Donation 02/16/21 A QUOTE BY SUZANNE K. LANGER - "(The concept of art) fits better with the conviction held by most artists, that art is the epitome of human life, the truest record of insight and feeling,….Art is indeed, the spearhead of human development, social and individual…The growth of new art, or even a great and radically new style, always bespeaks a young and vigorous mind." There are several statements in the packet that are inaccurate which will be addressed in this document; some additional information after the 2/8/21 Parks board meeting that was not covered at the meeting; and a possible way forward with the project that will optimistically be favorable to all concerned. Inaccurate information in the council packet. 1. In Option 1, the “potential associated costs ranging from$75,000 - $300,000” was stated at the recent Parks Board meeting and is not accurate. At this meeting Mr. Oborn himself admitted this was his estimate. 2. Furthermore, it was stated by Richard Nash that the costs to the City’s Art Commission would NOT exceed $35,000. The Drake estate would cover any additional costs up to the final instal- lation of the sculpture. CITY OF BELLINGHAM WITHDRAWAL: The executor of the artist’s estate was attempting to have the piece placed in the City of Bellingham. The City began the vetting process through its Arts Commission and was going to request approval for an evaluation of the piece. The executor of the artist’s estate withdrew the offer of the piece after the City of Bellingham explained the timeline for the evaluation. Mr. Zimmermann’s withdraw from the City of Bellingham was his choice as executor. Attachment 2 includes two documents from Bellingham and Attachment 3 contains a portion of the correspondence between the City of Bellingham and the executor of the artist’s estate. After the exec- utor withdrew the offer from Bellingham, Richard Nash and representatives from the Arts Commission contacted City staff requesting to urgently present the sculpture. Richard Nash and Arts Commission- ers Therese Kingsbury, Cynthia Mason, and Karla Freund presented to the Mayor and staff on Janu- ary 29, 2021. The presenters insisted that the item be brought forward to City Council at the earliest available date. The group presented again to the Park Board at the February 8, 2021 Meeting and the Arts Commission at the February 11, 2021 Meeting. The “urgency” for our actions was partially based on the enthusiasm for actually being able to move forward on the project. We had hoped Bellingham would be the sculpture’s home as that was George’s first choice, but George was pleased with the oak harbor site as well. We thought bringing the sculpture to Oak Harbor this was a wonderful opportunity for our city. STAFF CONCERNS: Windjammer Park location: • The proposed location infringes on open space. Based on recent community feedback, resi- dents value open park space over landscaped or otherwise obstructed park space. The sculpture is roughly the height of your average telephone poll. Its footprint will likely be between 12’ – 14’ square. I think, with some mutual exploration at Windjammer Park and some goodwill, a satisfactory location could be found. Regular Meeting Minutes- February 16, 2021 Page 9 of 13  • One of the Windjammer Phase 1 changes was the removal of the poplar trees adjacent to the former RV Park. While some community members were upset over the removal of the trees, after park construction was complete, there is now a very clear line of sight from the entrance to Windjammer Park to the Oak Harbor Bay. The location of the sculpture would create an ob- struction of this sightline. It is about 15’– 20’ taller than the kitchen roofline itself. As you can tell from the virtual images, it is a columnar unit with a relatively small footprint. • Windjammer Park is not currently under construction, and the necessary construction for instal- lation of the sculpture would require closure of the park area and disturb the community use of the park during a time when going outside is one of the only permitted activities due to COVID- 19 closures of businesses, restaurants, and entertainment venues. Although this is an unfortunate fact, the area required to be blocked off would be relatively small. If the project is coordinated with all the players, and once the excavation for the ground work is started, I’m estimating it would take no more than 3 months. This means that if the city is on board with its part of permits, etc. I believe the contractors can also move forward to coordinate with SNW to do the work in a timely manner. • As learned during the construction of the Clean Water Facility and Windjammer Park Phase1 construction, all soil removed from Windjammer Park must be sifted for artifacts, which is labor intensive and may require outside archaeological contracting, adding to the cost. Nash has talked with Gideon Cauffman and he thinks it should not be difficult. We did a similar sized pad for the Founder’s sculpture without any issues, nor great expense • The Parks Department is already working beyond their capacity on the installation of other pieces of art, such as the Tao Sculptures and the Joseph Kinnebrew Sculpture four collection pieces. A project of this size and scope is well beyond the current staffing, expertise, and equipment of the Parks Department. Richard Nash talked recently with the Parks Department and Sculpture Northwest’s (SNW) role in be- ing the Project Manager for the project. I believe there is confidence in the non-profit to minimize de- mands on the Parks Department. Regarding the Kinnebrew sculpture installation, Rodric Gagnon says the Arts Commission believes the Sebastian Sculpture a significant project and will make it their prior- ity over the Kinnebrew pieces. • Windjammer Park Phase 2 scoping has been delayed due to COVID-19. The urgency of the request for placement of this piece does not fit within Windjammer Park Phase 2 scoping. The Arts Commission has been told by staff since 2018 that any art that they recommend for place- ment in Windjammer Park should be brought forward as part of Phase 2 scoping so as to have community input. SNW will work with the city to help achieve this. • The removal of the Windmill is still a hot-button topic among the community. Staff is greatly concerned that the cost and disturbance to Windjammer Park to install a piece of art that has no connection to Oak Harbor would receive very negative community feedback. WE ALL are part of the community. Like the majority of us in Oak Harbor, I am not Dutch or Irish. I have been a part of the community since 1972 as a teacher, a coach, and have been part of many community activities and projects. I personally have no problem with a windmill in the park and there’s plenty of room. And, it would very “cool” if it was a functioning windmill! Alternative Locations: • The Park Board did not recommend placement of the piece in the proposed location near the west kitchen in Windjammer Park. The Park Board asked that Richard Nash return with alter- native locations, such as Flintstone Park, Fort Nugent Park, and the Harbor Heights Park that is currently under development. Richard Nash stated that the artist had wanted the sculpture installed on the waterfront and he will have to ask the estate if they will consider other park lo- cations that are not on the waterfront. Regular Meeting Minutes- February 16, 2021 Page 10 of 13 It was George Drake who wished to have the sculpture on the waterfront, not the artist. It continues to be the first option. The site is still under review and the proposed site is not off the table. • Staff does NOT recommend that the piece be acquired without the location determined. This has been allowed for other pieces of art, many of which are still stored at Public Works as listed below. This piece is far too large and too costly to be acquired and stored. As stated at the Parks Board meeting, the sculpture will remain in Bellingham until a site is ready for installation at no cost to the City. Engineering: • The preliminary engineering estimate provided by Sculpture Northwest for $35,000 is not spe- cific to the Windjammer Park location. Regardless of the site, the engineering will likely be under $15,000. If for some reason it went over $35,000, the estate would cover it. • The engineering for this project is twofold: the engineering of the sculpture itself and possible repairs necessary if it is not sound, and the engineering of the installation of the sculpture. SNW has arranged for “our” engineer to go to Bellingham to inspect the welds. The report will be shared with OH. If there are any problems, the estate will cover the repairs. • Depending on the construction of the sculpture, it may require additional internal support which would increase the engineering costs and the costs of building the base. Even if this was the case, again, it would be covered by the estate. • It is possible that the foundation may be required to excavate an equivalent height of the piece (37 feet). It will not be known how large the foundation needs to be until the piece is fully engi- neered. This has already been explored by SNW’s structural engineer. Although the sculpture is relatively tall and heavy. Currently, the foundation is estimated to be about 18 inches deep and tied into the pin piles which will go to refusal estimated to be about 20 feet. According to our engineer, this is not a diffi- cult engineering task. • The engineering will also need to include a geotechnical and soil engineering analysis to see if the proposed location would even be able to support the piece. Again, SNW has already talked with a geo-tech we intend to use. Granted, there may be some sur- prises, but this simply can’t be addressed until we agree to move forward on the project. • No phase of the engineering could be completed in house due to existing staff workload. No engineering needs to be completed in house. • As mentioned in the Windjammer Park concerns, there are potential archaeological concerns due to the location. The costs associated with the soil removal, sifting, and archaeological anal- ysis are unknown at this time. This is true, but, regardless of the outcome, the Drake Estate will pay for expenses beyond $35,000. Building: • Once the piece is engineered and the foundation is designed, the building permit fee is based on the estimated cost of construction. The cost of construction of the foundation is not esti- mated at this time as there are too many unknown factors with the engineering needed. Regardless of the outcome, the estate will pay for expenses beyond $35,000 • A floodplain development permit will be required since the location is in the floodplain. The fee for this permit is $176, not including staff time. Regardless of the outcome, the estate will pay for expenses beyond $35,000 • A shoreline exemption permit is required if the location is within 200’ of the high-watermark. The fee for this permit is $86, not including staff time. Regardless of the outcome, the estate will pay for expenses beyond $35,000 Insurance: Regular Meeting Minutes- February 16, 2021 Page 11 of 13  • The Legal Department will need to confirm with Washington Cities Insurance Authority(WCIA) that they would cover this piece. Assuming the piece is covered, it would be subject to the City’s WCIA deductible, would was increased in the 2021-2022 budget cycle to$25,000. I need more info on this one. • Based on WCIA’s property rates, if the piece is valued at $500,000, the annual cost of insuring the piece would be $650.00. If you wish, but I’m not sure how it would be destroyed and ultimately, the City only paid $35,000 for it. Council Action: • Since the piece is being presented as a “gift”, Council would be required to pass an ordinance accepting the gift. Thank you • As with the Autumn Winds Sculpture, this piece will need to continue to be brought to Council as costs are unknown at this time. Council must authorize the expenditure of all Creative Arts Funds. It is also highly likely that Council would need to authorize the expenditure of other funds, see Creative Arts Fund concerns. If you’re talking about maintenance, you’re correct. A yearly inspection would be a prudent thing to do. If you’re talking about lighting and landscaping, this is totally up to the city and not part of the SNW package. • The final cost of the project and formal placement in Windjammer Park would require a Resolu- tion. OK? Contractors and Other Players Agreeable to Working on the Project and Informational Resources for this document to date. • RAM Construction (Mike Hammes - delivery, installation, site prep and concrete work). • Palmer Geotechnical Consultants (Scott Palmer) • Davido Consulting Group or DCG (Ray Tennal, Structural Engineer) • Sound Slope (Todd Graves, pin piles – in ground supports (pin piles) for pad) • OH – Brett Arvidson – PM for new sewage treatment plant - consultant • OH – Gideon Cauffman – Archeological prep for site • OH – Jessie Ott – Parks Department head • Mayor Severns and his staff • The OH Arts Commission • The OH Parks Board • Therese Kingsbury, SNW President • Al Zimmermann, Executor of the George F. Drake estate A SUGGESTED STADEGY FOR MOVING FORWARD ON THE PROJECT SNW wishes to work in good faith with the city on this opportunity. SNW will work as the project manager and will do its best to keep the city and all the contractors in the project informed. As we move forward, all engineering results from all the parties will be shared via email for informational purposes and problem solving when needed. Here’s an Option 4 on “Recommended Action”: The gift of the “Angel of Creativity” is accepted on the following condi- tions. SNW can move forward with the city in good faith to begin the project as outlined if the first three items are success- fully checked off the list below. This can be reviewed by the council. At that point, if the council finds the reports satisfac- tory, the City will “greenlight” the project for completion and we can begin the site work. Initiation of work at the site will be completed in coordination with the city and primarily with the Parks Department. Regular Meeting Minutes- February 16, 2021 Page 12 of 13  1. The inspection of the sculpture currently in Bellingham for structural integrity with a written report to the city 2. Select the final site at Windjammer Park 3. Have the Geotech, Scott Palmer, complete his work and report to the city 4. Based on the Geotech report, the structural engineer, Ray Tennal of DVG, will then have the info he needs to go forward with the final engineering specs to share with all the contractors involved and the city. 5. Based on the engineering specs, RAM Construction will do the site excavation. 6. Sound Slope, Todd Graves, will drive in the pin piles, as engineered, that will be a part of the foundation for stabi- lizing. 7. RAM Construction, Mike Hammes, will form the pad and lay the rebar for the concrete work and have it in- spected. 8. RAM will also coordinate the concrete pour (Miles Concrete?) which will include the “J- bolt” locations for at- taching the sculpture to the foundation as per specs 9. After curing, the foundation will be ready to accept the installation of the sculpture, also under RAM’s involve- ment. RAM will both deliver the sculpture to the site as well as install it with a crane that RAM will bring to the site. 10. There will be site cleanup provided as the project moves forward. The Cost to the City based on Current Data • The City of Oak Harbor through the Arts Commission is asked to supply $35,000 to the project. In addition, all per- mitting costs are to be paid by the City including any shoreline permits and archaeology surveys as a part of the site prep. • The George Drake estate (Al Zimmerman executor) will cover any additional costs up to and including the installa- tion of the sculpture and host Sebastian for the dedication. • Al Zimmermann will be the administrator for funneling the estate money to the contractors involved beyond the City’s contribution. SNW will provide a Project Manager(s) who will coordinate with all the contractors, city offi- cials (permit dept, parks dept, etc.). A footnote: The proposed site was selected back in 2019 after several hours walking the park. It was determined to be the most suitable by Richard Nash (artist/sculptor and involved In 2 other sculpture site selections at the Park as well as an OHHS installa- tion)) for both viewing the sculpture and fitting in with the contemporary architecture in that area. Regular Meeting Minutes- February 16, 2021 Page 13 of 13