City Council

Oak Harbor City Council Regular Meeting Minutes September 7, 2021 Due to COVID-19, there was both a physical meeting location and a virtual meeting per WA Proclamation 20-28. Meeting was viewable live via YouTube at www,youtube.com/cityofoakharbor CALL TO ORDER Mayor Pro Tempore Munns 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 Pro Tempore Munns ROLL CALL City Council Present: Staff Present: Videoconference Mayor Robert Severns - Absent City Administrator Blaine Oborn Mayor Pro Tem Munns Finance Director David Goldman Councilmember Tara Hizon Development Services Director David Kuhl Councilmember Joel Servatius Interim Public Works Director Mick Monken Councilmember Erica Wasinger -Absent Archaeologist Gideon Cauffman Councilmember Jim Woessner - Absent Harbormaster Chris Sublet Councilmember Jeff Mack Parks Operations Manager Don Crawford Councilmember Goebel Central Services Supervisor Sandra Place Fire Chief Ray Merrill Police Chief Kevin Dresker Human Resources Director Emma House Assistant City Attorney Anna Thompson Senior Services Administrator Liz Lange City Administrator Assistant Lisa Felix Public Information Officer / IT Manager Sabrina Combs City Clerk Julie Lindsey Also in attendance: City Attorney Grant Weed of Weed, Graafstra & Associates Mayor Pro Tempore Munns led the meeting, presiding on behalf of Mayor Severns. She noted per the most recent order form the Governor, masks are required for everyone in Council Chambers, regard- less of vaccination status. EXCUSE ABSENT COUNCILMEMBERS Motion: Councilmember Hizon moved to excuse Councilmembers Wasinger and Woessner, se- conded by Councilmember Goebel, motion was approved by a unanimous vote. 1. APPROVAL OF AGENDA Hearing no changes, the agenda was approved as presented. Regular Meeting Minutes- September 7, 2021 Page 1 of 5 2. PRESENTATIONS a. Proclamations None. b. Honors & Recognitions None. c. Community Presentations None. 3. CITIZEN COMMENT PERIOD Mayor Pro Tem Munns explained citizens could comment on subjects of interest. Public comment could be submitted electronically to the City Clerk at jlindsey@oakharbor.org or by calling 360-279-4571 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. Public comment was received for this meeting on topics both on the agenda and not on the agenda. The comments not pertaining to agenda items were displayed at this time as part of the meeting record. Providing in-person public comment in the meeting: 1. Mr. Joe Cardinal, 30901 SR 20, Unit B-8, Oak Harbor – voicing concern with the fire hazard caused by mounds of logging debris near the Harborview Mobil Home Park. 2. Ms. Cynthia Mason, Chair of the Oak Harbor Music Festival, thanking the City and all who participated. 4. CONSENT AGENDA Consent Items a. Approval of Minutes – Regular Council Meeting of August 17, 2021 and Council Workshop of August 25, 2021 b. Approval of Payroll and Accounts Payable Vouchers c. Appointment: Curtis Adams to the Marina Advisory Committee, Position 5 d. Appointment: Nancy Diamond to the Park Board, Position 2 e. Appointment: Kristina Mayhew to the Park Board, Position 4 f. Professional Services Agreement Tim Shelley, Jr. – Videography Technical Support Ser- vices, Amendment No. 3 Hearing no objections or changes, all items are approved as presented. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor Mayor Pro Tem Munns provided comments and announcements on behalf of Mayor Severns. Regular Meeting Minutes- September 7, 2021 Page 2 of 5 Oak Harbor Music Festival - Thank you to Cynthia Mason and all who participated in the Festival this year. From all accounts it was a great success! Back to School – Oak Harbor Public Schools resume classes September 9th. We welcome all students and teachers back to the classroom this year. Please remember to use caution in school zones. Upcoming Events - Whidbey Island Marathon Sunday, September 12, finish line in Windjammer Park. Any Councilmembers wishing to participate please let City Administrator’s Assistant Lisa Felix or City Clerk Julie Lindsey know. Please note: State Route 20 will be closed from 7:00 a.m. to 7:45 a.m. from Rosario Road and Pass Lake to Ducken Road. The highway will also have a single lane closure from 6:00 a.m. to 7:00 a.m. prior to the race. Flaggers will control traffic. Audit Entrance Conference – Prior to the regular meeting this evening, the State Auditors Office held their entrance conference to review the areas they will be examining in our annual audit. The audit staff is performing the audit virtually. They will schedule an exit conference at the conclusion of the audit. Mayor Pro Tem Munns asked for discussion of a request from Interim Public Works Director Monken to move an item placed on the September 21, 2021 Council meeting consent agenda regarding a request for tree-trimming to the October 27, 2021 Council Workshop. City Administrator Oborn explained the item was referred to City Attorney Weed, who noted potential issues. He explained that while the Mayor prepares the agenda, Councilmembers may add or delete items by vote, as was done in this case. Interim Public Works Director Monken noted staff is requesting more time to consult with an arborist. Motion: Councilmember Servatius moved to place the Skolarikis tree trimming item to the agenda for the October 27, 2021 Workshop. The motion was seconded by Councilmember Goebel and carried unanimously. b. Councilmembers Councilmembers Hizon, Servatius, Goebel and Mack provided their respective comments and an- nouncements. 6. PUBLIC HEARINGS & PUBLIC MEETINGS a. None. 7. ORDINANCES & RESOLUTIONS a. None. 8. CONTRACTS & AGREEMENTS a. Professional Services Agreement with Sculpture Northwest and Gist Agreement with the Estate of George Drake for the Angel de la Creatividad City Archeologist and Project Coordinator for Arts Commission projects Cauffman provided the back- ground history and determinations to date regarding the sculpture. He thanked Arts Commission Chair Therese Kingsbury for communication assistance between all parties. The next steps will be to obtain Regular Meeting Minutes- September 7, 2021 Page 3 of 5 an engineering inspection. If the welds are approved by a qualified engineer, then the sculpture will continue to move forward with installation design, geotechnical testing, permitting, and installation. If the welds cannot be approved, then the agreements will be null and void. Forthcoming actions: • Motion to authorize the Mayor to sign the Professional Service Agreement and Gift Agreement (City Council). • Ordinance 1934, Accepting the gift (Legal/City Council). • Operations and Maintenance Plan (Sculpture Northwest) - O&M Budget (Parks) • Resolution 21-18 (Legal/City Council/Finance) Once the Angel de la Creatividad is installed, staff will ask that the Council formally accept the sculpture as a gift through Resolution 21-18. City pays the Estate of George Drake $35,000 through the Creative Arts Fund. In closing, Mr. Cauffman thanked the City Council, the Arts Commission, the Estate of George Drake, Sculpture Northwest and City Staff. Mayor Pro Tem Munns noted a number of public comments regarding the sculpture had been received since the last Council meeting. Those were displayed and played as part of the meeting record. Councilmembers Goebel, Mack, Hizon and Mayor Pro Tem Munns provided their respective questions and comments regarding the sculpture. Councilmember Goebel requested clarification on how Arts Commission funds can be spent. Administrator Oborn explained that one quarter percent of the City’s utility tax goes into the Creative Arts Fund. These monies can be spent on anything within the Arts Commission goals, all of which must be approved by Council on a project-by-project basis. Finance Director Goldman the total revenue budgeted for the Creative Arts Fund in 2021 was $55,000. Motion: Councilmember Hizon moved to authorize the Mayor to execute the Gift Agreement between the City of Oak Harbor and the Estate of George Drake and the Professional Service Agreement be- tween the City of Oak Harbor and Sculpture Northwest, subject to all terms and conditions contained in such agreements, including but not limited to a professional engineer approving the structural integrity of the sculpture. Upon performance of the agreements, the City Council will place an ordinance for final acceptance of the gift as required by RCW 35.21.100 on a future Council agenda for action. The motion was seconded by Councilmember Goebel. The motion passed by a vote of 4 to 1 with Councilmembers Hizon, Servatius, Goebel and Mayor Pro Tem Munns in favor and Councilmember Mack opposed, with Councilmembers Wasinger and Woessner absent. 9. OTHER ITEMS FOR CONSIDERATION a. Intent to Commence Annexation Proceedings: Gisvold Property Development Services Director Kuhl; Staff explained Bradley and Ashley Gisvold had requested annex- ation of their property, parcel R-13326-340-2000, located on Goldie Road, encompassing 7.62 acres. The request was first noted for Council at the Workshop meeting of August 25, 2021. RCW 35A.14.120 requires the City Council to convene a meeting with the initiating party within 60 days after the filing of the notice of intent. The Council must decide 1) whether or not it will accept, reject or geographically modify the proposed annexation; 2) whether it will require adoption of zooming simulta- neously with annexation; and 3) whether it will require annexed properties to share City indebtedness. Regular Meeting Minutes- September 7, 2021 Page 4 of 5 The recommended course of action by staff is for Council to conduct a meeting with the applicant and geographically modify the annexation area and enter into an annexation agreement with the property owners. Ms. Ashley Paul, present to represent the Gisvolds and Triple C Construction, stated they had purchased the property under the assumption that it was under Island County guidelines and only recently learned that it was not. As a result, they are in a holding pattern and do not wish to pursue the annexation at this time. City Administrator Oborn and City Attorney Weed provided additional clarification, noting the property was in the urban growth area, so in order to receive City utility services, the property would need to be annexed as a condition of receiving such services. Councilmembers Servatius and Mack provided their respective questions and comments. Considering the new information offered by Ms. Paul, the consensus of the Council was to table the item and allow staff to reach out to the applicants to confirm their desire to withdraw the annexation request. 10. REPORTS & ITEMS FOR DISCUSSION None. 11. EXECUTIVE SESSION None. ADJOURN There being no further business before the Council, Mayor Pro Tem Munns requested a motion to ad- journ. Motion: Motion by Councilmember Servatius to adjourn, second by Councilmember Goebel. Motion was approved by a unanimous vote, therefore the meeting adjourned at 7:10 p.m. Certified by Julie Lindsey, City Clerk Regular Meeting Minutes- September 7, 2021 Page 5 of 5