City Council

Oak Harbor City Council Regular Meeting Minutes November 15, 2022 This was both a physical meeting location and a virtual meeting. Meeting was viewable live via YouTube at www,youtube.com/cityofoakharbor , on Facebook, and on Cable Channel 10/HD 1090 following the meeting CALL TO ORDER Mayor Pro Tempore Hizon called the meeting to order at 6:00 p.m. Invocation – Pastor Kevin Scott, Seventh Day Adventist Church Pledge of Allegiance – Led by Mayor Pro Tempore 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 Public Works Director Steve Schuller Councilmember Jim Woessner City Engineer Alex Warner Councilmember Bryan Stucky Principal Planner Cac Kamak Councilmember Dan Evans Senior Planner Dennis Lefevre Councilmember Shane Hoffmire Fire Chief Mike Buxton Councilmember Eric Marshall Police Chief Kevin Dresker Harbormaster Chris Sublet Finance & Performance Analyst Chas Webster Accountant Heidi Childs Accountant Cindy Bravo Accountant Adrian Gonzales Grants Administrator Wendy Horn Communications & IT Manager Sabrina Combs Executive Assistant Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary J. Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS No members of Council requested to be excused. Mayor Pro Tem Hizon noted she was presiding at the request of Mayor Severns. 1. APPROVAL OF AGENDA Regular Meeting Minutes November 15, 2022 Page 1 of 6 Mayor Pro Tem Hizon welcomed all in attendance and called for any changes to the agenda. Hearing none, the agenda was approved as presented. 2. PRESENTATIONS a. Proclamations – None b. Honors & Recognitions - None c. Community Presentations - None 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 Nester 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 one public comment since the last regular meeting, from Dana Pierson of Oak Harbor, regarding displeasure with the updated on-line bill pay system. Mayor Pro Tem Hizon opened the floor for public comment from any audience member present. Hearing no one with a desire to address the Council, the public comment period was closed. 4. CONSENT AGENDA Consent Items a. Approval of Minutes of the November 1, 2022 Council Meeting b. Approval of Payroll and Accounts Payable Vouchers c. Professional Services Agreement with Toole Design for Active Transportation Plan Contract d. Resolution 22-25: Authorizing funds from the Creative Arts Fund to be used to reimburse the Oak Harbor Parks Department for the repair of Autumn Winds 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: • Rick Fakkema and Streets Crew Commended: City of Oak Harbor Streets Lead Rick Fakkema and crew were recently commended by Island County Public Works Maintenance Supervisor Chris Currier for “their exemplary work this past paving season” and their “true dedication and professionalism to the work they do for the travelling public.” • City All-Hands Meeting: The City held its annual All-Hands Employee luncheon meeting on Thursday, November 3rd. Mayor Severns presided over the meeting which was themed around employee Bright Regular Meeting Minutes November 15, 2022 Page 2 of 6 Ideas. Mayor Pro Tem noted she had reviewed the Council Goals and Priorities, and City Administrator Oborn provided updates. The meeting was well attended with over 100 employees present. • Acorn Sculpture Installed: The Patrick McVay sculpture “Acorn” has been installed downtown. The City commissioned the sculpture, which was carved from the storm-felled 300 year old Garry Oak tree that was once located at the Post Office. City staff is working on a ribbon cutting event for this and other Windjammer Park Sculptures in the months to come. • Board and Commission Vacancies: The City has two vacancies on the Salary Commission, two vacancies on the Historic Preservation Commission, and vacancies for one Park Board member and one alternate. Please visit the City’s website for more information on volunteering for these positions. • Island County Election Day Results Certification is November 29th: On that date the City will have final vote counts for the Fire Levy and Bond Levy. We appreciate all who exercised their right to vote. • Upcoming City Office Closures: November 24th and 25th – City offices will be closed in observance of the Thanksgiving holiday. We appreciate the community’s understanding as we provide our staff time to spend with their families now and in December. • Upcoming Council Meetings: As previously noticed, due to the holiday, the Council’s regular November workshop is tomorrow at 2:00 p.m. The Council has also noticed a special meeting – Public Hearing with action on the Final 2023-2024 Biennial Budget for November 30th at 2:00 p.m. Upcoming area events were also displayed. b. Councilmembers Councilmembers Munns, Woessner and Hoffmire provided their respective questions and comments. 6. Public Hearings & Meetings a. Public Hearing: 2023-2024 Preliminary Budget Adoption Finance Director Goldman presented the 2023-2024 Preliminary Biennial Budget. He reviewed the budget overall and provided a summary along with additional reporting from the departmental budget reports at meetings at the October 26, 2022 workshop and the November 1, 2022 meeting. The budget includes the following areas: Mayor’s Message Budget Highlights Comprehensive Financial Policies City’s Financial Structure Budget Process Decision Packages & Personnel Requests Budget Calendar Financial Tables City Department presentations The 2023-2024 Biennial Budget fund categories were reviewed as follows: General Fund 23.39% Enterprise Funds 47.34% Internal Service 15.38% Special Revenue 10.48% Regular Meeting Minutes November 15, 2022 Page 3 of 6 Capital Projects 3.37% Debt Service 0.05% Director Goldman reviewed all fund revenue and expenditure trends by category, funding of full-time equivalent positions, and capital projects. Mayor Pro Tem Hizon opened the public hearing and invited those who wished to speak to do so. 1. Rita Cline, a resident of Taylor Road, outside the City, spoke in regards to the sound quality of presentations, which she stated were hard to understand. Mayor Pro Tem Hizon confirmed the City had received no other comments from the public. Hearing no one else with a desire to address the Council, the public hearing was closed. Councilmembers Stucky, Hoffmire, Evans, Munns, Marshall and Mayor Pro Tem Hizon provided their respective questions and comments. Mayor Pro Tem Hizon noted the final budget public hearing for Adoption of the 2023-2024 Final Biennial Budget would take place on November 30, 2022 at 2:00 p.m. Motion: Following discussion of the creative arts fund, Councilmember Evans moved to place a conver- sation of funding for the creative arts fund on a future agenda, seconded by Councilmember Munns. The vote on the motion passed 6-1 with Councilmember Hoffmire opposed. b. Public Hearing: Ordinance No. 1964: Setting Property Tax Levies for 2023 Mayor Pro Tem Hizon stated the staff’s recommendation is to continue this public hearing to November 30th due to the need to wait for the election results certification, as indicated in the Council packet. County election results certifying the voter approval and authorization of the Levy Lid Lift will overrule the need for this ordinance. The election results are scheduled to be certified by the Island County Canvassing Board on November 29, 2022. Mayor Pro Tem Hizon opened the public hearing and called for a motion to continue the public hearing to November 30th, 2022 at 2:00 p.m. Motion: Councilmember Munns moved to continue the public hearing on Ordinance No. 1964: Setting Property Tax Levies for 2023 to November 30, 2022 at 2:00 p.m. The motion was seconded by Coun- cilmember Evans. The vote on the motion carried unanimously. 7. Ordinances & Resolutions None. 8. Contract & Agreements None. 9. Other Items for Consideration a. Intent to Commence Annexation Proceedings – Sullivan Senior Planner Lefevre reviewed the request to commence annexation proceedings as received by the City for a single 6.6-acre parcel owned by Mr. Raymond Sullivan. This request was received September Regular Meeting Minutes November 15, 2022 Page 4 of 6 26, 2022 for parcel R13336-485-0180 located adjacent to NE 16th Avenue. He explained 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 decision before Council is to accept, reject, or modify the annexation request. The Parcel is nearly surrounded by other properties already part of the City and are adjacent to a cemetery. Senior Planner Lefevre reviewed the proposed zoning and explained the City Council must decide on the geographic scope, the proposed zoning district and assumption of City indebtedness. Senior Planner Lefevre explained the proposal before Council as follows: 1. Accept, reject, or geographically modify the proposed annexation. The Council has the option, at this point, to increase the geographic scope of the annexation, move forward with the applicant proposed scope, or deny the annexation request. This 6.6-acre parcel would provide a logical extension of the existing city-limit line along the eastern edge of the property. A geographic expansion would involve the 10-acre Maple Leaf Cemetery directly to the east. Cemeteries are exempt from a property tax (RCW 84.36.020). Assuming the use remains a cemetery, increasing the geographic scope to include this property would provide no long-term financial benefit to the City. 2. Accept proposed zoning. The 2019 Comprehensive Plan indicates this property is within the Low- Intensity Residential land use category. Residential densities in this category range from 3 to 16 dwelling units per acre. The applicant has requested R-3 zoning (9 to 16 dwelling units per acre) which is con- sistent with the Comprehensive Plan. With R-4 zoning (12 to 22 du/ac) to the west, C-4 zoning (Highway Service Commercial) to the north, and R-1 zoning (3 to 9 du/ac) to the south. The R-3 multi-Family zone would provide compatibility and a logical transitional zone to the surrounding area and land uses. 3. Require share of City indebtedness. It is reasonable to require this property to share its portion of city indebtedness upon annexation. Council approval at this point authorizes the applicant to circulate a petition as required in RCW 35A.14.120. The petition will be transmitted to the Island County Auditor’s office for their Determination of Sufficiency. A public comment period, public notice and Ordinance will be prepared for a second Council public hearing. If approved, the special census and WA Office of Financial Management package is then prepared and transmitted for their review and final certification. Senior Planner Lefevre reviewed the next steps and introduced the requestor’s representative, Cody West. In response to Council comments, Mr. West noted Mr. Sullivan’s intent is to create some afforda- ble housing, likely in the form of townhomes, and add some density. Councilmembers Stucky, Munns, Hoffmire and Woessner provided their respective questions and com- ments. Motion: Councilmember Woessner made a motion to move forward and accept the geographic scope, as proposed, accept the proposed R-3 zoning; and require the property to share proportional city indebt- edness. The motion was seconded by Councilmember Hoffmire. The vote on the motion carried 6-0-1 with Councilmember Stucky abstaining due to the property’s proximity to his business. 10. Reports & Discussion Items a. 2022 American Disabilities Act (ADA) Transition Plan Update City Engineer Warner provided the Council with background and summary information on the 2022 ADA Transition Plan Update. He presented the background of the Rehabilitation Act of 1973 and, past City updates to meet compliance, and the need for revisions due to new regulations and responsibilities for public agencies. Engineer Warner reviewed the plan to address compliance and the benefits of adopting an ADA Transition Plan. Regular Meeting Minutes November 15, 2022 Page 5 of 6 In ensuring compliance with the Americans with Disabilities Act of 1990, the Federal Highway Admin- istration and the US Department of Justice require municipalities that employ 50 or more persons to develop and adopt a plan to address the accessibility of City facilities, programs, and services for per- sons with disabilities, especially in areas where Federal funds, such as grants, are used. One factor that Federal agencies are reviewing with respect to awarding grant funding for infrastructure projects is the existence of a municipality’s plan to address accessibility issues such as curb ramps, accessible signal buttons, or obstructions to the pedestrian path. The Engineering division has developed the 2022 ADA Transition Plan update to meet this need, and to provide a framework from which the City can begin to undertake improving accessibility in all facilities, programs and services. Mayor Pro Tem Hizon confirmed no public comments were received on this item and requested com- ments from anyone present. 1. Rita Clein noted she would like to serve on any proposed Committee regarding accessibility. Councilmembers Hoffmire, Munns, Woessner and Mayor Pro Tem Hizon provided their respective ques- tions and comments. Motion: Councilmember Woessner moved to adopt the City of Oak Harbor 2022 ADA Transition Plan Update as City Policy and authorize the Mayor and City Administrator to implement the compliance requirements and the guidance of the Plan. Councilmember Stucky second the motion, which carried unanimously. 11. Executive Session None. Adjourn Motion: There being no further business, Councilmember _Munns moved to adjourn, seconded by Councilmember Woessner The motion was approved by a unanimous vote, therefore the meeting ad- journed at 7:37 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes November 15, 2022 Page 6 of 6