City Council

Oak Harbor City Council Regular Meeting Minutes December 14, 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 and on Cable Channel 10/HD 1090 CALL TO ORDER Mayor Severns called the meeting to order at 6:00 p.m. Invocation – Led by Chaplain David Lura, US Navy League Pledge of Allegiance – Led by Mayor Severns ROLL CALL City Council Present: Staff Present: Videoconference Mayor Robert Severns City Administrator Blaine Oborn Mayor Pro Tem Munns Finance Director David Goldman Councilmember Tara Hizon Interim Public Works Director Mick Monken Councilmember Joel Servatius Project Engineer Brett Arvidson Councilmember Erica Wasinger Parks Operations Manager Don Crawford Councilmember Jim Woessner City Engineer Alex Warner Councilmember Jeff Mack Archeologist Gideon Cauffman Councilmember Bryan Stucky Central Services Supervisor Sandra Place Fire Chief Ray Merrill Police Chief Kevin Dresker Harbormaster Chris Sublet Finance & Performance Analyst Chasity Webster Executive Assistant Macalle Finkle Public Information Officer / IT Manager Sabrina Combs City Clerk Julie Lindsey Also in attendance: City Interim Attorney Hillary J. Evans of Kenyon Disend, PLLC Guests in attendance: Kimberly Dzuck, Jennifer Wachter and Katie Blyth from the Washington State Department of Revenue 1. APPROVAL OF AGENDA Hearing no changes, the agenda was approved as presented. 2. PRESENTATIONS Regular Meeting Minutes- December 14, 2021 Page 1 of 9  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 via the online webform, 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. The City Council received no employee comments and one new public comment since the December 7, 2021 meeting. Mayor Severns opened the floor for public comment from any audience member present. The author of the one public comment received, Mr. Joe Kunzler, was present via the RingCentral meet- ing to voice his support for Resolution 21-33, Adopting City of Oak Harbor 2022 Legislative Priorities for Washington State, noting the support for Naval Air Station Whidbey Island. Mr. Kunzler asked the Coun- cil to intervene for NASWI and support them in the courts. Hearing no others, the public comment period was closed. 4. CONSENT AGENDA Consent Items a. Approval of Minutes of December 7, 2021 Council Meeting b. Professional Services Agreement: John Galt – Hearing Examiner Services for the Police De- partment – Contract Renewal c. Professional Services Agreement: Jack Kerr & Associates – Indigent Defense Services, Amendment No. 2 d. Extending the Professional Services Agreement between the City of Oak Harbor, Washing- ton and Sculpture Northwest for Consultant Services until 2023 e. Approval of Council Calendar for 2022 f. Big Brothers Big Sisters Lease Agreement Renewal g. Interlocal Agreement for EMS Services h. NPDES Storm Water Capacity Grant Authorization i. Professional Services Agreement: Semrau Engineering – Development Review and On- Call Surveying – Contract Amendment No. 11 j. Purchase Authorization – Extrication Tool k. Acceptance of T-Mobile Grant for Windjammer Lagoon Dock Replacement Mayor Severns noted he would like to pull item 4.k. Acceptance of T-Mobile Grant for Windjammer Lagoon Dock Replacement as representatives of T-Mobile were present and would like to speak. He called for any other changes and hearing none, announced items 4.a.-j. were approved as presented. Regular Meeting Minutes- December 14, 2021 Page 2 of 9 Mayor Severns called on Parks Operations Manager Crawford to provide additional information on the T-Mobile Grant and to introduce those present. Manager Crawford explained the T-Mobile Hometown Grant was awarded to up to 100 towns and cities per year, with project funding up to $50,000 each. The City applied for needed repair and replacement of the Windjammer Park Lagoon Dock, a fixed recrea- tional feature. The grant will fund a new dock which will float with the tides, be ADA compliant, and constructed from weather resistant materials. The project will take about five months to complete. Councilmember Woessner provided his respective questions and comments regarding the item and thanked staff for applying and T-Mobile for providing the grant. Motion: Following discussion, Mayor Pro Tem Munns moved to approve item 4.k Acceptance of T- Mobile Grant for Windjammer Lagoon Dock Replacement. The motion was seconded by Councilmem- ber Servatius and carried unanimously. Mayor Severns called for a short recess for presentation of the $50,000 check from T-Mobile. Mayor Severns reconvened the meeting at 6:28 p.m. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor Mayor Severns provided his respective comments and announcements. Announcements and Upcoming Events – Local Events: • Shop Local Oak Harbor – Consider shopping locally this holiday season for gifts and holiday meals and treats. • The Green Ticket Cash Giveaway, Vote for Your Favorite Toy Soldier, and Snowflake Hunt are going now through December 17th • New Year’s Eve Fireworks will be displayed on Friday, December 31 at 9pm • Annapolis, Maryland Naval Academy Midshipman Awarded a Marshall Scholarship – Mayor Severns acknowledged Midshipman 1st Class Evan Robertson, age 21 of Oak Harbor, a Senior at the Naval Academy, who was recently awarded a Marshall Scholarship. This highly competitive academic scholarship provides up to two years of postgraduate study at a United Kingdom university. This year, over 1,000 candidates competed for one of the 41 scholarships awarded. This year’s class includes the largest number of U.S. service academy graduates since service acade- mies began competing for the Marshall Scholarship in the early 1980s. Upon commissioning, Robertson plans to pursue a Master of Science in advanced mechanical engi- neering with aerospace at the University of Strathclyde in Glasgow, Scotland. After the completion of the Marshall Scholarship program, Robertson will report to Naval Air Station Pensacola for flight school. Following successful completion of flight school, he will join the fleet as a naval aviator. Congratulations to this fine representative of Oak Harbor! • Upcoming City Council Meetings – Mayor Severns noted this is the last Council meeting of 2021. He thanked the Council and staff for all of their hard work and dedication throughout this year, and particu- larly thanked outgoing Councilmembers Servatius and Wasinger for their years of service. The first meeting in 2022 will be January 4th. Regular Meeting Minutes- December 14, 2021 Page 3 of 9 Mayor’s Comment Box Online - is available on the City website via the search box or under "How Do I" under the second column labeled, "Contact the City." The City is Hiring! Find out more about available positions on the City website www.oakharbor.org b. Councilmembers Councilmembers Woessner, Mack, Wasinger and Mayor Pro Tem Munns provided their respective com- ments and questions. All expressed their thanks to outgoing Councilmembers Servatius and Wasinger as well. Councilmembers Servatius and Wasinger spoke as well, thanking their fellow Councilmembers and the citizens of Oak Harbor. 6. PUBLIC HEARINGS & PUBLIC MEETINGS a. Ordinance No. 1936: Oak Harbor Municipal Code (OHMC) Amendment – Business and Reg- ulatory Licenses Finance Director David Goldman presented the ordinance. Per RCW 35.90.020, all cities requiring a general business license of any person that engages in business activities within that city must partner with the Washington State Department of Revenue (DOR) to have such licenses issued and renewed through DOR’s Business Licensing Services (BLS) in accordance with chapter 19.02 RCW. He intro- duced attendees Kimberly Dzuck, Jennifer Wachter and Katie Blyth from the Washington State Depart- ment of Revenue who were in virtual attendance. On August 17, 2021, the City Council authorized the Mayor to sign the BLS Agreement with the DOR for a partnership to have business licenses issued and renewed through BLS in accordance with RCW 35.90.020. As part of this agreement, the DOR has thoroughly reviewed the OHMC and made suggested changes that will be needed to accommodate the transition to the BLS system. These were further reviewed with Council at the October 27, 2021 Council Workshop. City staff and the interim City Attorney have reviewed the suggested changes, made a few additional minor changes, and then prepared the changes as part of the ordinance. The main crux of the changes can be summarized as follows: Including the DOR BLS in the language and directing applications to the BLS service. Changing the term endorsement to regulatory license. Mayor Severns opened the public hearing. He confirmed no comments had been received regarding the ordinance. Hearing no comments, the public hearing was closed. Mayor Severns requested any com- ments or questions from City Council. Mayor Pro Tem Munns and Councilmembers Stucky and Woessner provided their respective questions and comments. Motion: Councilmember Woessner moved to adopt Ordinance No. 1936 – Oak Harbor Municipal Code Amendments to Title 5 “Business Licenses and Regulations”, 6.12.060 “Vendors & Concessionaires in Parks” and Section 19.34.020 “Criteria”. Motion was seconded by Councilmember Stucky and passed unanimously. b. Resolution 21-31: Amendment to Master Fee Schedule “B” related to Business and Regula- tory Licenses Finance Director David Goldman presented the Resolution which coincides with Ordinance No. 1936. He reiterated the regulations per RCW 35.90.020, and the City Council authorization of August 17, 2021, Regular Meeting Minutes- December 14, 2021 Page 4 of 9 for the Mayor to sign the BLS Agreement with the DOR for a partnership to have business licenses issued and renewed through BLS in accordance with RCW 35.90.020. As part of this agreement, the DOR has thoroughly reviewed the OHMC and made suggested changes that will be needed to accom- modate the transition to the BLS system. The City Council considered those changes as part of Ordi- nance 1936. Once approved, an updated fee structure will need to be determined before the system is able to “go-live”. The DOR has informed the City they will need the updated fee structure in place by mid-December 2021 in order to keep the “go-live” schedule on track for March 10, 2022. Director Goldman reviewed permitted business license fee structures and provided statistics including the ratio of business licensing as a percentage of City funds. Regulatory licenses will be processed outside of the state system. Director Goldman reviewed options for implementation. Staff recommended Option A – a flat licensing fee of $40, for the first year of implementation. Mayor Severns opened the public hearing. He confirmed no comments had been received regarding the ordinance. Hearing no comments, the public hearing was closed. Mayor Severns requested any com- ments or questions from City Council. Councilmembers Woessner, Mack, and Mayor Pro Tem Munns provided their respective questions and comments. Motion: Hearing no further discussion, Mayor Pro Tem Munns moved to adopt Resolution 21-31: Oak Harbor Master Fee Schedule Amendment to Schedule “B” – Finance & Utilities, Option A. The motion was seconded by Councilmember Wasinger and passed 6-1 with Councilmember Stucky abstaining, citing his having a business in the city limits, and as such, voting on how much he would pay. 7. ORDINANCES & RESOLUTIONS a. Resolution No. – 21-33: Adopting Legislative Priorities for 2022 Communications and IT Manager Combs provided a review of the legislative priorities as discussed by the Council at the November 17, 2021 Workshop. Resolution 21-33 outlines the topics which the City of Oak Harbor believes should have the highest priorities in 2022. Following approval, Resolution 21-33 and the formatted Legislative Priorities will be provided to AWC, COG, State Senator Ron Muzzall, State Representative Greg Gilday, and State Representative Dave Paul. The 2022 legislative priorities will also be added to the City’s website and provided to the Association of Washington Cities and the Island County Council of Governments. Mayor Severns confirmed no public comment other than that of Mr. Kunzler, heard earlier, was received on this item. Councilmember Servatius and Mayor Pro Tem Munns provided their respective questions and com- ments. Motion: Mayor Pro Tem Munns moved to approve Resolution 21-33, establishing the City’s 2022 Leg- islative Priorities, and authorize staff to distribute the document to the Association of Washington Cities and Washington State Legislators. The motion was seconded by Councilmember Wasinger and passed unanimously. 8. CONTRACTS & AGREEMENTS a. Professional Services Agreement: CivicPlus for City Website Redesign Regular Meeting Minutes- December 14, 2021 Page 5 of 9 Central Services Supervisor Place and Communications and IT Manager Combs provided background information on the item. At the Council workshop of April 28, 2021 staff briefed the Council regarding the needed improvements in the website and requested Council input. At the September 22, 2021 work- shop, staff provided an update on the status of the Request for Proposals (RFPs) for a redesign and upgrade of the City's website. The RFP was issued on July 3, 2021, with the City receiving nine pro- posals. A committee of City staff primarily connected with the website reviewed all submissions, includ- ing ease of use, compatibility with other City systems, cost, and support, and selected four to interview and receive demonstrations. From these four, the committee determined CivicPlus to be the most re- sponsive to the needs of the City. The list of finalists were: 1. CivicPlus: first-year cost is $28,950, and the annual cost is $4,635 2. Revize: first-year cost is $33,900, and the annual cost is $5,900 3. Municode: first-year cost is $19,600, and the annual cost is $5,100 4. Planeteria Media, LLC.: first-year cost is $32,610, and the annual cost is $4,560 During demonstrations and interviews, staff confirmed critical features, including: “How Do I” Menu Department pages with specific social media channel connections Standardized templates and style guides to incorporate City branding Editing features, including drag and drop Keyword and redirect options Training for staff Cost If approved, CivicPlus will work with staff to improve the website to include upgrades and improvements. The redesign process will start in January 2022 and will take up to six months to complete. During this time, the current website provider will move to month-to- month services from March through implement- ing the new site. Staff Recommendation is for the City to sign a contract with CivicPlus Mayor Severns confirmed no public comment was received on this item. Councilmembers Stucky, Servatius, Woessner and Mayor Pro Tem Munns provided their respective questions and comments. Motion: Councilmember Servatius moved to authorize staff to continue negotiations with the recom- mended vendor and authorize the Mayor to sign the final contract after the City Attorney approves the contract. Mayor Pro Tem Munns seconded the motion, which carried unanimously. b. Oak Harbor Marina – Potential Emergency Repairs to F-Dock from November 2021 Storm Project Manager Arvidson and Harbormaster Sublet reviewed the item for Council. The Marina experi- enced further damage to F-Dock on November 15, 2021. This damage adds to the damage that had previously occurred during the February 2020 and damage incurred during the January 2021 windstorm events. The City has filed a third claim with its insurance company. Construction on the original two claims is scheduled to begin January 1, 2022. Staff is working with the contractor, American Construc- tion, and engineer, Moffat & Nichol, in assessing the extent of the damage and its impact on the upcom- ing construction. Staff is also in discussion with the contractor and engineer about the potential of adding the third repair to our existing contracts. The insurance company supports this approach. With the short time of implementation and the upcoming holiday schedule, the City may need to authorize contract amendments and change orders prior to the next council session. Therefore, staff is requesting author- ization to take any necessary actions to the extent it is reimbursed by the insurance company. Mayor Severns confirmed no public comment was received on this item. Regular Meeting Minutes- December 14, 2021 Page 6 of 9 Motion: Hearing no discussion, Councilmember Servatius moved to authorize the Mayor to sign any contract amendments and/or change orders necessary to implement repairs to F-Dock from the No- vember 15, 2021 storm, to the extent these actions are reimbursable by a third insurance claim. The motion was seconded by Mayor Pro Tem Munns and passed unanimously. c. Right-of-Way Permit Agreement: Ziply Fiber Project Manager Arvidson provided background information to Council. Northwest Fiber, LLC (Ziply Fi- ber) acquired the Frontier Telephone Company’s telecommunications infrastructure in Oak Harbor and intends to extend its fiber network throughout the City. Normally the City would enter into a franchise agreement with a telecommunications company for use of the City’s right of way. However, because Ziply Fiber has a state ide franchise, Ziply Fiber will not consent to a franchise with the City, as they are allowed by State law.. Ziply Fiber currently has 28 permits pending approval by the City, which will provide coverage to about 70% of the city. Use of the City’s right of way involves many issues such as citizen safety, protecting or mitigating im- pacts to city facilities, insurance and relocation of facilities if requested. Without a franchise agreement, these concerns must still be addressed. In order to address the City’s concerns, Ziply Fiber has con- sented to enter into a right of way agreement that addresses these issues. Ziply will still pay normal right of way fees in the future as required by Oak Harbor Municipal Code. They will pay a one-time adminis- trative charge and then be charged per activity. Mayor Severns confirmed no public comment was received on this item. Councilmembers Servatius, Woessner, Wasinger, and Mayor Pro Tem Munns provided their respec- tive questions and comments. Motion: Councilmember Stucky moved to authorize the Mayor to sign a Right of Way Agreement with Northwest Fiber, LLC, DBA Ziply Fiber. Mayor Pro Tem Munns seconded the motion, which carried unanimously. Mayor Severns called for a short break at 8:00 p.m. and reconvened the meeting at 8:05 p.m. d. Update on Oak Harbor U-Haul Rental Facility Development Development Services Director Kuhl and Interim Public Works Director Monken reviewed the item, not- ing the three items related on the agenda would be reviewed concurrently. As requested at the Decem- ber 7, 2021 Council meeting, staff provided ad review additional information regarding the development at SR-20 and the Fakkema Access Road. Discussion included connection to a water main with a water- line installed to improve service to the north end of the City. The U-Haul Development pays a portion of the cost of the waterline to their property and connection fees. Councilmember Woessner provided his respective questions and comments. e. Update on SR20 & Fakkema Road (Boyer Property) Capital Project Development Services Director Kuhl provided an update as requested at the December 7, 2021 Council meeting, along with a review additional information regarding the development at SR-20 and the Fakkema Access Road. He provided background information, noting the project was identified in the 2016 Comprehensive Plan for economic development support for 7 parcels, including access to City- owned land for park access. Director Kuhl provided a timeline from the City’s Capital Improvements Projects. Included was addressing public safety related to direct public access from adjoining properties Regular Meeting Minutes- December 14, 2021 Page 7 of 9 onto SR-20. He was joined by City Administrator Oborn and City Engineer Warner in providing infor- mation to Council. Councilmembers Wasinger, Servatius, Woessner, Stucky, Mack and Mayor Pro Tem Munns provided their respective questions and comments. f. Approval of Professional Services Agreement: Harmsen Engineering – Fakkema Road Ac- cess – Contract Amendment No. 2 Interim Public Works Director Monken reviewed background on the Amendment. This action is a con- tinuation of the item which was presented at the December 7, 2021 Council meeting. Council requested information on the late comers’ agreement for the water line, history on the Fakkema Access Road project, why the City was performing this project, and why was the developer not being required to construct this roadway. The Fakkema Access Road project will construct approximately 2,000 feet of new public road to improve accessibility to eleven parcels at the north edge of the City. Seven parcels are privately- owned totaling 36 acres (zoned C-4 Highway Service Commercial). The other four are City-owned totaling 17 acres (zoned OS Open Space, Recreation, and Agriculture). Harmsen, LLC has produced the plans, specifi- cations, and estimate for the project. It is anticipated this project will be advertised in January and con- struction will start in the spring. Harmsen will provide services through project closeout. Mayor Severns confirmed no public comment was received in advance of the meeting on this item. From the audience, Mr. Eric Marshall, residing at SE Ebee Street, spoke in opposition to development and noted the City park at this location should be a low priority. Councilmember Servatius stated the City Council had received an email and video from a citizen. The City Clerk confirmed the email and included video was not sent to the Clerk for public comment nor was it submitted for public comment in any other manner, but apparently only sent to individual councilmem- bers. Councilmembers Woessner, Mack, Stucky, Hizon, Wasinger and Mayor Pro Tem Munns provided their respective questions and comments. Noting the hour, Mayor Severns requested a motion to suspend the rules and extend the meeting as allowed by Council Rules of Procedure. Motion: Councilmember Servatius moved to suspend the Council rules and extend the meeting to 9:45 p.m. The motion was seconded by Mayor Pro Tem Munns and passed unanimously. Discussion continued regarding all information presented. Motion: With discussion concluded, Councilmember Woessner moved to authorize the Mayor to sign Amendment No. 2 to the Professional Services Agreement with Harmsen, LLC that changes the agree- ment end date from December 31, 2021 to December 31, 2022. Councilmember Wasinger seconded the motion, which passed unanimously. 9. OTHER ITEMS FOR CONSIDERATION a. Approval of T-Mobil Grant Application – Mainstreet Serendipity Lane Regular Meeting Minutes- December 14, 2021 Page 8 of 9 Development Services Director Kuhl provided the background information for an application of up to $50,000 in grant dollars. The Main Street group approached the City of Oak Harbor with a proposal to build a trail in the downtown. This trail would connect Pioneer Way with Bayshore Drive. The goal is to tie the two streets together and provide a protected walkable corridor that will lead from the business area to the park and shoreline of Oak Harbor Bay. An architect volunteering for Main Street, prepared drawings showing the enhancements that would pull the trail together and make a nice visitor experience (attached). The enhancements would include raised planter beds, seating areas and areas for landscap- ing. The other aspect would include lighting to ensure safety at night. The program is known as the Hometown Grant Program and towns with a population of less than 50,000 are eligible to participate. There will be up to 100 grant applications approved each year up to 50K each. The grant application is due December 31, 2021, with the non-profit Smart Growth America and Main Street America serving as the grant selection panel. Director Kuhl noted a concept plan is complete. He reviewed elements of the plan and concerns addressed. Council authorization is needed for the grant. Mayor Severns confirmed no public comment was received on this item. Councilmembers Servatius and Stucky provided their respective questions and comments. Motion: Councilmember Servatius moved to authorize the Mayor to sign a letter of commitment as part of the application for the T-Mobile Grant Opportunity. Mayor Pro Tem Munns seconded the motion, which carried unanimously. 10. REPORTS & ITEMS FOR DISCUSSION a. Notice: Salary Commission Report and Order Human Resources Director House provided the report and background information to the Council. She reviewed the Notice from the Salary Commission of the Report and Order passed on November 18, 2021, of the salary determination for appropriate compensation for the Mayor and Councilmembers of the City of Oak Harbor. The Salary Commission met to finalize the report on December 2, 2021. They determined the same COLA applies to Councilmembers and the Mayor as it does for non-represented employees and bargaining employees. The prior Salary Commission Report and Order passed on Au- gust 1, 2019, and the Mayor and City Council were provided Notice at the August 28, 2019, City Council Workshop. The item was placed on the agenda to explain that Councilmembers were not providing themselves with a raise. Councilmembers Stucky, Hizon and Mayor Pro Tem Munns provided their respective questions and comments. 11. EXECUTIVE SESSION None ADJOURN Motion: Motion by Councilmember Stucky to adjourn, second by Councilmember Woessner. Motion was approved by a unanimous vote, therefore the meeting adjourned at 9:23 p.m. Certified by Julie Lindsey, City Clerk Regular Meeting Minutes- December 14, 2021 Page 9 of 9