City Council

Oak Harbor City Council Regular Meeting Minutes March 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 Kevin Scott, Seventh Day Adventist 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 Project Manager Alex Warner Councilmember Jim Woessner Operations Manager Steve Bebee Councilmember Jeff Mack Harbormaster Chris Sublet Councilmember Millie Goebel Fire Chief Ray Merrill Police Chief Kevin Dresker Senior Services Administrator Liz Lange Communications and IT Manager Sabrina Combs Senior Administrative Assistant Lisa Felix City Clerk Julie Lindsey Also in attendance: City Consulting Attorney Grant Weed of Weed, Graafstra & Associates 1. APPROVAL OF AGENDA Mayor Severns observed that after the meeting packet was posted last week, the City’s legal depart- ment received a request for additional review from a representative of the Oak Harbor Youth Sailing program of consent agenda item c. – Resolution 21-08 Accepting the Oak Harbor Youth Sailing Shed by Bill of Sale and approval of their Use Agreement. To honor this request, legal staff requested this item be moved to the March 24, 2021 Workshop meeting. Legal counsel is also requesting an addition to the Executive Session this evening for discussion of potential litigation. Mayor Severns called for any other changes to the agenda. Hearing none, he called for a motion to approve the agenda as amended. Regular Meeting Minutes- March 16, 2021 Page 1 of 7 Councilmember Servatius moved to approve the agenda as amended to remove consent agenda item c., seconded by Mayor Pro Tem Munns. Councilmember Servatius moved to approve the agenda as amended to include the addition to the executive session, seconded by Mayor Pro Tem Munns. The vote on the motions carried unanimously and the agenda was approved as amended. 2. PRESENTATIONS a. Proclamations None. b. Honors & Recognitions None. c. Community Presentations None. 3. CITIZEN COMMENT PERIOD Mayor Severns explained citizens could comment on subjects of interest. Public comment could be submitted electronically using the City’s online comment form at www.oakharbor.org/publiccomment , 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. While not submitted as specific to this evening’s Council meeting, the City did receive seven additional comments since the March 2, 2021 Council Meeting. These comments were provided in the meeting on screen as part of the meeting record and were forwarded to the City Council. 4. CONSENT AGENDA Consent Items a. Approval of Payroll and Accounts Payable Vouchers b. Minutes of the March 2, 2021 Regular Meeting c. Resolution 21-08: Accepting Oak Harbor Youth Sailing Shed by Bill of Sale, and approving the Bill of Sale and Use Agreement for Oak Harbor Youth Sailing Mayor Severns noted the previously approved removal of item 4.c. He called for any other changes to the consent agenda and hearing none, the items were approved as presented. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor Mayor Severns provided his respective comments and announcements. Community Response to COVID-19 City facilities are open, and 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 Regular Meeting Minutes- March 16, 2021 Page 2 of 7 community during this pandemic. More details and resources about the local impact of COVID-19 can be found on our website, www.oakharbor.org/covid19. Washington State moves to Phase 3 At his last press conference, the Governor announced all counties in the state will move to Phase 3 starting March 22nd. The updates to Phase 3 include: •50% capacity for restaurants, worship services and retail stores •25% capacity for outdoor professional sports •50% capacity for gyms, movie theatres, and professional and personal services. Vaccinations Please visit the Washington State Department of Health website for continued information regarding vaccines and state guidelines for pending eligibility updates. Additionally, the number of providers ad- ministering vaccines has increased. City staff will continue to post updates on the City of Oak Harbor Facebook page as they become available. City Employment Opportunities The City is currently accepting applications for a number of positions: City Engineer Building Official Public Works – Streets Wastewater Treatment Plant Operator Temporary Accountant And Seasonal Laborers for the Marina and for Public Works More information and how to apply can be found on the City website, www.oakharbor.org/jobs Federal Government Stimulus Funding The City is awaiting information regarding further stimulus funding and will take the time to learn about the parameters of the funding and will then develop plans within the requirements set by federal and state guidelines. We intend to review the opportunities these funds may provide for the City, and to look at potential projects that will work in partnership with local businesses to meet the community’s long- term needs and goals. Celebrate Saint Patrick’s Day and Shop Locally A number of local eating and drinking establishments and stores are offering specials for Saint Patrick’s Day. Mayor Severns encouraged the community to shop locally! There will be a Saint Patrick’s Day Cruise – participants can decorate their vehicle and cruise through downtown on March 17th at 4:00 p.m. See details on the Oak Harbor Chamber and Mainstreet Association websites and the City’s Face- book page. b. Councilmembers Councilmember Wasinger provided her respective comments and announcements. She inquired whether there were updated guidelines for in-person meetings. City attorney Weed reviewed the legal provisions for resuming in-person meetings and the requirements for doing so. This would include allowing a 25% capacity in Council Chambers, maintaining physical distancing, masks, and the ability to have the meeting available for public attendance. Considering the limited capacity of Council Chambers, in-person meetings with public or staff attendance would have to cancel a meeting or move to another location and filming would still be required. Such a move would have to be noticed in advance. At this time, virtual meetings are still recommended. Regular Meeting Minutes- March 16, 2021 Page 3 of 7 6. PUBLIC HEARINGS & PUBLIC MEETINGS a. Resolution 21-10: 2021 Comprehensive Plan Amendments Docket – Senior Planner Cac Kamak presented the Resolution which provided a listing of Comprehensive Plan Amendments to the 2021 Docket, including Housing Elements, JPA/UGA updates, an annual review of the City’s Capital Improvement Plan (CIP), and Active Transportation Plan (ATP). The items were also discussed at the Planning Commission’s public hearing of January 26, 2021 and recommended for ap- proval. Mayor Severns opened the public hearing and confirmed no public comment was received regarding this item. Hearing no additional comments from the public, the public hearing was closed. Mayor Pro Tem Munns provided her respective questions and comments. Motion: Councilmember Servatius moved to adopt the 2020 Comprehensive Plan Amendment Docket items as presented. The motion was seconded by Mayor Pro Tem Munns and passed unanimously. b. Ordinance No. 1920: Repealing and Replacing OHMC Chapter 21.100 “Model Homes” Development Services Director David Kuhl presented the Ordinance to the Council, which would repeal and replace Oak Harbor Municipal Code Chapter 21.100 “Model Homes”. He noted the Ordinance had come before Council on two prior occasions on January 27th, 2021 and on February 16, 2021. A public hearing was held with the Planning Commission on February 23, 2021. The new code will allow for simultaneous construction of streets, water, sewer and stormwater with housing construction. Mayor Severns opened the public hearing and confirmed no public comment was received regarding this item. Hearing no additional comments from the public, the public hearing was closed. Mayor Pro Tem Munns and Councilmember Servatius provided their respective questions and com- ments. Motion: Councilmember Servatius moved to approve Ordinance No. 1920 related to model homes with the inclusion of the words “if required” in section 21.100.030(2) as discussed regarding fire sprinkler systems. The motion was seconded by Mayor Pro Tem Munns and passed unanimously. c. Marina Rate Increase Options & Resolution 21-11 updating Schedule D of the Master Fee Schedule Harbormaster Sublet reviewed Resolution 21-11 for the Council, which would update Schedule D of the Master Fee Schedule. He provided historical rate information and noted in their meeting of March 19, 2019 the Council had approved a rate increase of 3% each year for April 1, 2019 through April 1, 2022. This was postponed in 2020. Harbormaster Sublet presented the Council with four options as follows: Option 1 - Effective Date April 1, 2021 - Estimated 2021 Fiscal Impact $0.00 This option allows for the Marina to remain on the April 1st rate increase schedule that has been in effect for the past few years. It includes an increase which typically starts in mid- May or June depending on the weather. • This is the option that staff would prefer. • Will require that Resolution 21-11 be approved which updates Schedule D of the Master Fee Schedule tonight. Regular Meeting Minutes- March 16, 2021 Page 4 of 7 Option 2 – Effective Date May 1, 2021 – Estimated 2021 Fiscal Impact ($4,150) This option resets the annual increase to May 1st of each year. It allows for the new rates to be in place just prior to the busy boating season which typically starts in mid-May or June depending on the weather. Option 3 – Effective Date June 1, 2021 – Estimated 2021 Fiscal Impact ($8,300) This option resets the annual increase to June or June 1st of each year. It is likely to create some confusion and frustration for Marina tenants and guests that have rented slips in the May timeframe. Typically, this is fairly busy this time of year. Option 4 – Effective Date July 1, 2021 – Estimated 2021 Fiscal Impact ($12,450) This option resets the annual increase to July 1st of each year. The week of July 1st is the busiest week of the year with the start of crabbing and the 4th of July holiday. It could cause confusion and frustration for Marina tenants and guests that had rented slips in the May and June timeframes. This was the option recommended by the Marina Advisory Committee. Mayor Severns opened the public hearing and confirmed no public comment was received regarding this item for this meeting. Hearing no public comments, the public hearing was closed. Councilmembers Woessner, Servatius, Mack and Mayor Pro Tem Munns provided their respective questions and comments. Motion: Councilmember Woessner moved to adopt Option 1 for the 2021 Marina rate increase, effective April 1, 2021. The motion was seconded by Councilmember Wasinger and passed unanimously. Motion: Councilmember Woessner moved to adopt Resolution 21-11 updating Scheduling D of the Master Fee Schedule. The motion was seconded by Councilmember Wasinger and also passed unani- mously. 7. ORDINANCES & RESOLUTIONS None. 8. CONTRACTS & AGREEMENTS a. Professional Services Agreement: Oak Harbor Main Street Association for B&O Tax Reim- bursement Finance Director Goldman reviewed the Agreement and provided background regarding the City’s par- ticipation in the Washington Main Street Tax Credit Program funding for the Oak Harbor Main Street Association. Similar to the previous contract, the City is pledging a maximum contribution of $95,000 to the OHMSA and will receive a tax credit of 75% of the pledge to apply towards the following year’s taxes. If the maximum pledge is reached, the City will receive a maximum tax credit of $72,250. The item was reviewed with Council at their February 24, 2021 Workshop. Mayor Severns confirmed no public comment was received regarding this item. Councilmembers Servatius and Woessner provided their respective questions and comments. Motion: Councilmember Woessner moved to enter into a Professional Services Agreement with the Oak Harbor Main Street Association, consistent with Resolution 15-44. The motion was seconded by Councilmember Servatius and passed unanimously. Regular Meeting Minutes- March 16, 2021 Page 5 of 7  b. Oak Harbor Marina – Professional Services Contract Amendment No. 1 with Moffitt and Nichol for F-Dock and other dock repairs. Harbormaster Sublet reviewed the contract and provided history of the damages incurred to F-Dock in a storm in February 2020, including the breakwater, float and connecting rods, repairs for which were authorized by the Council on July 7, 2020. In January 2021 another storm created additional similar damage. A portion of the work is a claim to the City’s insurance, and some will be completed as grant work from the Department of Commerce. The work will be segregated for funding purposes. Mayor Severns confirmed no public comment was received regarding this agenda item. Councilmember Mack provided his respective questions and comments. Motion: Councilmember Servatius moved to authorize the Mayor to sign Professional Service Agree- ment Amendment No. 1 with Moffitt and Nichol, increasing the total contract amount to $91,709. The motion was seconded by Mayor Pro Tem Munns. The motion passed unanimously. c. Contract Extension No. 2 with Pacific Groundwater Group, Inc. for Well No. 9 - City Project Manager Alex Warner provided the background and presentation regarding this item, He explained that on October 15, 2019, the City Council approved a professional services contract with Pacific Groundwater Group, Inc. for work involving rehabilitation of Water Well No. 9, including design specifications and construction support. Contract Amendment No. 1 was approved by the Council on October 20, 2020, which extended the contract completion date to March 31, 2021. Due to the ongoing restrictions of the COVID crisis, much of the work associated with the rehabilitation was delayed. Staff recommends extending the contract, with the amount remaining unchanged at $55,280. Mayor Severn confirmed no public comment was received in regards to this agenda item. Mayor Pro Tem Munns and Councilmember Hizon provided their respective questions and comments. Motion: Councilmember Hizon moved to authorize the Mayor to sign the no cost Contract Amend- ment No. 2 to the Professional Services Agreement for rehabilitation of Well No. 9 with Pacific Ground- water Group, Inc. The motion was seconded by Councilmember Servatius. The motion passed unani- mously. 9. OTHER ITEMS FOR CONSIDERATION None. 10. REPORTS & ITEMS FOR DISCUSSION None. 11. EXECUTIVE SESSION Mayor Severns announced that the City Council would take a brief recess and then enter into executive session to discuss with legal counsel potential litigation for the purpose of discussing per RCW 42.30.110 (1) (i) and to discuss real estate acquisition per RCW 42.30.110 (b) with possible action to follow. Antic- ipated duration was fifteen minutes. He noted Executive Sessions are not open to the public. The Council entered into Executive Session at 7:28 p.m. Regular Meeting Minutes- March 16, 2021 Page 6 of 7 At 7:44 p.m. Mayor Severns announced that the Executive Session would be extended by approximately 10 minutes. Council came out of the executive session at 7:55 p.m. Mayor Severns called on Senior Planner Kamak to present a land donation to the Council. Planner Kamak explained the City had been contacted a few months ago by Mark DesVoigne representing the Kathleen M. DesVoigne Tax Credit Trust regarding property they wished to donate to the City, located along Swantown Road. The property is currently outside the City limits, but the City may still accept the donation. The Trust desires for the property of approximately 2.79 acres to be used for public purposes, including but not limited to a park, open space, and public recreation, and not for an off-leash or unre- strained dog park. The Trust wishes to dedicate the park to the educators of the Oak Harbor School District and have it named “Educator Park”. The City will have 90 days to complete due diligence. Hearing no further discussion regarding the real estate acquisition item, Mayor Severns called for a motion. Motion: Councilmember Servatius moved to authorize the Mayor to enter into an Agreement for the Gift of Real Estate with Mark E. DesVoigne, Trustee of the Kathleen M. DesVoigne Tax Credit Trust, and process the gift of real estate. The motion was seconded by Mayor Pro Tem Munns and passed unanimously. ADJOURN Motion: Motion by Councilmember Woessner to adjourn, second by Councilmember Wasinger. The motion was approved by a unanimous vote, therefore the meeting adjourned at 8:01 p.m. Certified by Julie Lindsey, City Clerk Regular Meeting Minutes- March 16, 2021 Page 7 of 7