City Council

Oak Harbor City Council Regular Meeting Minutes August 16, 2022 This 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 Ca- ble Channel 10/HD 1090 CALL TO ORDER Mayor Pro Tempore Hizon called the meeting to order at 6:00 p.m. Invocation – Pastor Ron Lawler, Family Bible Church Pledge of Allegiance – Led by Mayor Pro Tem Hizon ROLL CALL City Council Present: Staff Present/Videoconference Mayor Robert Severns - absent City Administrator Blaine Oborn Mayor Pro Tem Tara Hizon Finance Director David Goldman Councilmember Beth Munns City Engineer Alex Warner Councilmember Dan Evans Project Manager Brett Arvidson Councilmember Shane Hoffmire Fire Chief Ray Merrill Councilmember Jim Woessner Police Chief Kevin Dresker Councilmember Bryan Stucky Communications & IT Manager Sabrina Combs Councilmember Eric Marshall Executive Assistant Macalle Finkle City Clerk Julie Lindsey Also in attendance: City Interim Attorneys Hillary J. Evans of Kenyon Disend, PLLC 1. APPROVAL OF AGENDA Mayor Pro Tem Hizon welcomed all in attendance and noted she was presiding at the request of Mayor Severns. She called for any changes to the agenda. Hearing none, the agenda was approved as pre- sented. 2. PRESENTATIONS a. Proclamations – None b. Honors & Recognitions - None c. Community Presentations – Regular Meeting Minutes August 16, 2022 Page 1 of 6  i. Oak Harbor Music Festival – Cynthia Mason, President Ms. Mason, President of the Music Festival, recognized the members of the festival board and intro- duced those board members present. She noted the Festival was now in its 10th year and thanked the City for its partnership and thanked the community and volunteer base that make the Festival a success, as well as the many Festival sponsors. She introduced Festival Vice-President Bill Walker who explained the Festival’s support for Oak Harbor Public Schools, scholarships for graduating seniors, and the Quar- ter Note Fund which provides the funding for instruments for middle school students. Councilmembers Munns, Hoffmire, Woessner, and Mayor Pro Tem Hizon provided their respective questions and comments. ii. Whidbey Island Marathon – Jared Loranger, Fizz Events Mr. Loranger noted that following an adjustment in dates in 2021, the Marathon was able to return to its usual time in April of 2022. Fizz Events produces approximately 20 races around they country each year. The 2021 Whidbey Island Marathon included 1.179 participants. This number grew in 2022 to 1,239 participants. People from 37 states and 5 countries participated. 32% of participants were from Whidbey Island and 13% were out of state visitors. Mr. Loranger reviewed the marketing efforts for the Marathon, including publications, promotions, social media and the Salish Sea Series partnership, which became international as of last year. He thanked the many volunteers, the US Navy and the City Council, especially those members who participate in the Marathon and reported 98% of local hotels were full the night before the race, with the theme “Run for a day, play for a weekend.” Councilmember Munns and Mayor Pro Tem Hizon provided their respective questions and comments. 3. CITIZEN COMMENT PERIOD Mayor Pro Tem Hizon explained citizens may comment on subjects of interest not listed on the agenda or items listed on the Consent Agenda. Citizens may also comment on corresponding Agenda items. There are many ways to contact the City, the Mayor and Council, all of which were displayed. Citizens can visit the City’s website for methods to submit public comment, or contact the City Clerk, Julie Lindsey by phone or email as displayed. When submitting comments, please include your name and address. Public comments sent anonymously will be shared with the Mayor and Council but will not be displayed. Citizens may submit requests to staff or departments via the Contact Us form at www.oakharbor.org/con- tact. Citizens can also call (360) 279-4500 or email info@oakharbor.org. Councilmembers also have individual email addresses, all of which are listed on the City’s website. The City received several comments from the public since the last regular meeting which were forwarded to Council in advance of the meeting and displayed on screen. The City also received a number of submitted public comments regarding a developer’s proposal for land use. Other comments were sub- mitted directly to the project and will be included in that process. The developer is responsible for meet- ing the zoning and permitting requirements. City Administrator Oborn noted the City compiles all com- ments per SEPA and the Oak Harbor Municipal Code and would also provide all comments to the Hear- ing Examiner and the Planning Commission. All comments received as public comment were displayed. Mayor Pro Tem Hizon opened the floor for public comment from any audience member present. 1. Carol Clayton of Oak Harbor spoke regarding concerns with traffic safety at the intersection of SW Fairhaven and 6th. Regular Meeting Minutes August 16, 2022 Page 2 of 6  2. Dessa Galati Zenner of Oak Harbor spoke regarding the same intersection and concerns for school student safety. 3. Don Chalfant of Oak Harbor noted he was present with other members of the Oak Harbor Garry Oaks Society regarding the topping of trees and plants in the park adopted by the Soci- ety in front of the Oak Harbor Post Office. He noted the topping of a Garry Oak tree was a vio- lation of City ordinance and hoped the City would investigate the matter. He also reported van- dalism sustained by a Gary Oaks Society sign at Windjammer Park and his appreciation for Parks Lead Tally Hucke in responding to concerns. 4. Kathy Chalfant of Oak Harbor voiced concern over the workload of the City parks department with more landscape requiring maintenance. She noted she would like to see more staff for Parks. 5. Laura Renninger, President of the Oak Harbor Garry Oaks Society also spoke regarding the two oak trees at the post office that were severely pruned. She noted Oak Harbor is a Tree City USA and that the City needed to protect and maintain trees. Hearing no other comments not related to agenda items, the public comment period was closed. 4. CONSENT AGENDA Consent Items a. Approval of Minutes of the August 3, 2022 Council Meeting b. Approval of Payroll and Accounts Payable Vouchers c. Interlocal Agreement with Oak Harbor School District – School Resource Officer for 2022- 2023 School Year d. Professional Services Agreement with Fizz Events for the 2023 Whidbey Island Marathon e. Washington Water Trails Association Agreement Mayor Pro Tem Hizon called for any changes to the consent agenda. Hearing none, the Consent Agenda was approved as presented. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor - Mayor Pro Tem Hizon provided the following comments and updates on behalf of Mayor Severns: Recent Visit by U.S. Representative Rick Larsen: Representative Larsen made a visit to the City last week on Tuesday the 9th. He met with City leadership staff to discuss City projects and funding oppor- tunities. Pavement Preservation Projects: Road construction projects for Pavement Preservation Projects are continuing through September of 2022. See the City’s website for details. Splash Park Update: City crews are making adjustments to the water flow and intervals at Shipwreck Shores. We appreciate the comments we have received from those enjoying the park. Labor Day: City offices and facilities will be closed on Monday, September 5th in observance of Labor Day. Please see the City’s website for refuse collection. Upcoming Events – Upcoming community events were displayed on screen. Regular Meeting Minutes August 16, 2022 Page 3 of 6  b. Councilmembers Councilmembers Woessner, Hoffmire, Stucky, Munns and Mayor Pro Tem Hizon provided their respec- tive comments. 6. Public Hearings & Meetings None. 7. Ordinances & Resolutions None. 8. Contract & Agreements a. Construction Contract – Portland Loos Project Manager Arvidson provided background on the project and reviewed the bid process and con- tract for installation of the new Portland Loos restrooms at Flintstone Park. The Portland Loos were purchased at the same time as the Windjammer Portland Loos. The Project involves installing a concrete slab, new water and sewer connections, a new electrical service, and relocating the video camera sys- tem. The project was designed by the City of Oak Harbor Engineering Division. The project was advertised for bid and bids were publicly opened at City Hall on August 3, 2022. The results of the bid opening are as follows: Engineer’s Estimate $100,000 to $125,000 Valdez Construc- tion, Inc $107,910.00 PNW Civil, Inc. $111,997.50 P&L General Contractors $149,458.62 Staff recom- mends the contract be awarded to the responsive and responsible low bidder Valdez Construction, Inc. In addition, per Oak Harbor’s Purchasing Policy Manual, the change order allowance shall be $21,582.00 which is 20% of the original contract awarded administered by the Department Director. Following award of the contract, construction is expected to begin in September 2022 and conclude in December 2022. Mayor Pro Tem Hizon confirmed no public comment was received regarding this item. Councilmembers Munns and Hoffmire provided their respective comments and questions. Motion: Councilmember Munns moved to authorize the Mayor to sign the construction contract with Valdez Construction, Inc. for the Flintstone Restroom Replacement Project in the amount of $107,910.00 and authorize the Public Works Director to execute change orders up to $21,582.00 in total. Coun- cilmember Hoffmire seconded the motion, which carried unanimously. 9. Other Items for Consideration a. Arterial Preservation Program (APP) Grant Application for Pavement Overlay of West Whidbey Avenue City Engineer Warner introduced Grants Manager Wendy Horn to explain the grant program and the two grant applications before the Council. She explained the Transportation Improvement Board (TIB) is a state agency that provides various grant opportunities to local agencies throughout the state. The program that fits an overlay of West Whidbey Avenue is the Arterial Preservation Program (APP). In 2021 this program, which gets its funding from a state-wide 3 cent gas tax, distributed $6,000,000 to 16 projects of 28 submitted. Regular Meeting Minutes August 16, 2022 Page 4 of 6 A local match of 15% is required. Engineer Warner noted the grant is specific to the overly costs to repave the road, The pavement condition rating for West Whidbey Avenue is Poor with a 51 out of 100 point rating. The city of Oak Harbor has not received TIB funding for street improvement or pavement preservation projects since 2006. It is estimated that the paving of West Whidbey (exclusive of the wa- termain replacement and other utility costs) will be $570,938.00. The City is applying for the TIB APP with an 85% ask of up to $485,297.00. Cost for the watermain replacement and other potential utility improvements will be borne by their respective utility funds. Mayor Pro Tem Hizon confirmed no public comment was received regarding this item. Councilmembers Stucky, Hoffmire, Woessner, and Munns provided their respective questions and com- ments. Motion: Councilmember Hoffmire moved to authorize the Mayor to sign the grant application up to $485,297.00 for the Arterial Preservation Program (APP) provided by the Transportation Improvement Board (TIB) for the pavement overlay of West Whidbey Avenue. The motion was seconded by Coun- cilmember Stucky and carried unanimously. b. Urban Arterial Program (UAP) grant for NE 7th Avenue Grants Administrator Horn reviewed the UAP Program. As with the prior item a 15% match is required from the City. The Transportation Improvement Board (TIB) is a state agency that provides various grant opportunities to local agencies throughout the state. The program that fits improvements to NE 7th Ave is the Urban Arterial Program (UAP). In 2021 this program distributed $65,000,000 to 30 projects of 75 submitted. The city of Oak Harbor has not received TIB funding for street improvement or pavement preservation projects since 2006. This project is defined as the number one priority for streets projects in the Oak Harbor 2016 Transpor- tation Elements. It is estimated that the improvements of NE 7th Ave will be $1,609,200.00. The City was awarded $540,000 for construction by the Island Regional Transportation Planning Organization (IRTPO), which requires a local match of 13.5% (i.e. $84,277.00). The funding gap is therefore $984,923.00. Staff proposed applying for the TIB UAP maximum ratio of 85% with an ask of $837,185.00. The 15% local match of $147,738.00 will be paid out of the City’s arterial overlay program. Mayor Pro Tem Hizon confirmed no public comment was received regarding this item. Councilmember Hoffmire provided his respective questions and comments. Motion: Councilmember Stucky moved to authorize the Mayor to sign the grant application up to $837,185.00 for the Urban Arterial Program (UAP) provided by the Transportation Improvement Board (TIB) for the NE 7th Ave Improvement Project. The motion was seconded by Councilmember Munns and passed unanimously. 10. Reports & Discussion Items None 11. Executive Session Mayor Pro Tem Hizon announced the Council would take a short break and then move into executive session to discuss with legal counsel litigation or potential litigation per RCW 42.30.110 (1) (i). She noted Regular Meeting Minutes August 16, 2022 Page 5 of 6 the executive session was expected to last for approximately twenty-five to thirty minutes and action might or might not be taken upon return to the open session. Executive sessions are not open to the public. The Council entered into Executive Session at 7:35 p.m. At 8:05 p.m. the Council came out of Executive Session and resumed the open session of the meeting. Mayor Pro Tem Hizon noted no action would be taken on the matter discussed. Adjourn Motion: There being no further business, Councilmember Woessner moved to adjourn, seconded by Councilmember Stucky. The motion was approved by a unanimous vote, therefore the meeting ad- journed at 8:05 p.m. Certified by Julie Lindsey, City Clerk Regular Meeting Minutes August 16, 2022 Page 6 of 6