City Council

Oak Harbor City Council Regular Meeting Minutes December 6, 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 Severns called the meeting to order at 6:00 p.m. Invocation – Pastor Brian Haynes, Family Bible Church 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 Tara Hizon Finance Director David Goldman Councilmember Beth Munns Public Works Director Steve Schuller Councilmember Jim Woessner Parks and Recreation Director Brian Smith Councilmember Bryan Stucky Senior Planner Dennis Lefevre Councilmember Dan Evans Project Manager Brett Arvidson Councilmember Shane Hoffmire Fire Chief Ray Merrill Councilmember Eric Marshall Police Captain Tony Slowik Harbormaster Chris Sublet 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 All members of Council were present. 1. APPROVAL OF AGENDA Mayor Severns 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 Regular Meeting Minutes December 6, 2022 Page 1 of 7  c. Community Presentations – Boy Scout Troop 4059 Wreath Presentation Senior Control Leader Matthew Garstin introduced members of Boy Scout Troop 4059 who presented the City with an annual holiday wreath. He noted the troop has been making wreaths as a fund raiser since the 1950’s. Monies raised fund scout troop activities to benefit the community and for scout camp costs. At a recent scouting event, Troop 4059 received Honored Patrol and Honor Troop awards. Mayor Severns and Council thanked the troop. The wreath will hang in City Hall. 3. CITIZEN COMMENT PERIOD Mayor Severns 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 com- ments 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.gov. Councilmembers also have individual email addresses, all of which are listed on the City’s website. The City received two public comments since the last regular meeting, the first from James Walter of Oak Harbor, regarding the need for a roundabout at the 7th Avenue and Midway intersection, and the second from Amanda Rothman, regarding the Creative Arts Fund and her perspective as a member of the Oak Harbor Arts Commission. Mayor Severns opened the floor for public comment from any audience member present. 1. Richard Nash of Oak Harbor addressed the Council regarding the Angel de la Creatividad sculpture, the Arts Commission and Sculpture Northwest, and work performed for siting the sculpture. 2. Don Cecil of Oak Harbor addressed the Council regarding the Angel de la Creatividad sculpture, its color and preferred location for siting the sculpture. 3. Cynthia Mason of Oak Harbor spoke on behalf of the Oak Harbor Music Festival. At a recent Wash- ington Festivals Group conference, the Music festival received two awards; the first for its volunteer program, which she presented to Mayor Severns, and the second for an article in the Whidbey Weekly submitted for the newspaper and tabloid category, which she presented to Councilmember and Pub- lisher Eric Marshall. Hearing no one else 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 15, 2022 Council Meeting, November 16, 2022 Council Workshop, and Special Meeting of November 30, 2022 b. Approval of Payroll and Accounts Payable Vouchers c. Professional Services Agreement with Pro Law d. Resolution 22-27: Adopting City of Oak Harbor Legislative Priorities for 2023 Regular Meeting Minutes December 6, 2022 Page 2 of 7 Councilmember Hoffmire requested to hear staff’s presentation for item d. Resolution 22-27 Adopting City of Oak Harbor Legislative Priorities for 2023. Hearing no other changes, Mayor Severns noted items a-c were approved as presented. Communications & IT Manager Combs provided a recap of the 2023 Legislative Priorities as discussed at the November 16, 2022 Workshop. She also reviewed a funding request example for individual items, giving as an example, debt relief for the Clean Water Facility. Councilmembers Hoffmire, Munns, and Woessner provided their respective questions and comments. Motion: Councilmember Marshall moved to adopt Resolution 22-27: Stating the City of Oak Harbor 2023 Legislative Priorities. Councilmember Munns seconded the motion, which carried unanimously. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor - Mayor Severns provided the following comments and updates: • City Employee Recognition: Oak Harbor Senior Planner Dennis Lefevre was recognized by the Wash- ington State Recreation Conservation Office for his service on the Boating Programs Advisory Commit- tee since 2016. This is a well-deserved recognition. Thank you, Dennis. • Oak Harbor School District Presentation: Superintendent Michelle Kuss-Cybula will attend the Coun- cil’s first meeting of the new year, January 3, 2023 to provide information on the District’s planned Feb- ruary bond levy request. • Upcoming City Office Closures: City offices will be closed on Monday, December 26 in observance of Christmas Day and Monday, January 2, in observance of New Year’s Day. • Community Events were displayed , including a reminder that the Center will host a Holiday Lunch on Tuesday, December 20th at 12:00 noon. Cost is $20 per member or $30 per non-member. Register by Friday, December 16th by calling The Center or online. b. Councilmembers i. Discussion of potential cancellation of the December 14, 2022 Workshop Mayor Severns noted as there was no pressing business for the December 14th workshop, staff had recommended it be cancelled. Motion: Mayor Pro Tem Hizon moved to cancel the December 14, 2022 workshop. Councilmember Munns seconded the motion, which carried unanimously. Mayor Severns called upon the Council for any other comments. Councilmembers Woessner, Munns, Hoffmire and Mayor Pro Tem Hizon provided their respective re- ports and comments. 6. Public Hearings & Meetings Regular Meeting Minutes December 6, 2022 Page 3 of 7  a. Continuation of Public Hearing: Ordinance No. 1959: Critical Areas Ordinance Code Amend- ments to Oak Harbor Municipal Code Senior Planner LeFevre reviewed the background to date regarding the ordinance, beginning with the July 20, 2022 workshop. He explained a City Council public hearing was held on September 6, 2022. Council and public comments during the hearing established a few areas of concern. Staff requested continuance of the hearing to address the concerns to October 18, 2022. Primary concerns focused on the lack of flexibility in establishing a setback from the top of a steep or unstable slope. The Council found that increasing the setback from 25 feet to 50 feet seemed excessive with no mechanism available to reduce the setback. The other concern focused on removing any op- portunity for a property owner, whose lot includes private tidelands, from being able to transfer density from the tideland to an upland portion of the lot. For the continued public hearing on October 18, 2022, staff prepared a compromise allowing the 50-foot steep or unstable slope setback to be reduced to 25 feet based on a geotechnical analysis and permitting 50% of the density within privately held tidelands be transferred to the upland portion of the lot based on a geotechnical analysis. The public hearing was continued to allow more detailed discussion at the November 16, City Council Workshop. The revised Ordinance No. 1959 reflects the direction given at the November 16, 2022 workshop. While maintaining a 25-foot setback from a steep or unstable slope, a primary structure may be constructed within the 25-foot setback if a geotechnical analysis has been prepared supporting the reduced setback. The Ordinance also maintains allowing 100% of density from privately-owned tidelands be transferred to the upland portion of a lot but requires a geotechnical analysis which provides evidence that the density transfer will not, under fully developed conditions, result in adverse impacts to shoreline areas and critical areas. OHMC 20.12.080 Density Calculation: 100% density transfer from unbuildable portion of site. If adjacent to geologically hazardous area, a geotechnical analysis is required. OHMC 20.28.030 Building Setback: Removes “in no case”, setback remains 25’ from steep or unstable slope, however, primary structure may be within 25’ if supported by geotechnical analysis. OHMC 21.10.020 Subdivisions General Provisions: Clarifies tideland unavailable for subdivision. OHMC 21.50.040 Waiver of Subdivision Requirements: No subdivision design standard waiver. Mayor Severns opened the public hearing and invited those who wished to speak to do so. He confirmed the City had received no other comments from the public. Hearing no one with a desire to address the Council, the public hearing was closed. Councilmembers Evans, Hoffmire, Stucky, Marshall, Munns, Woessner and Mayor Pro Tem Hizon pro- vided their respective questions and comments. Motion: Following discussion, Councilmember Evans moved to adopt Ordinance No. 1959 amending Oak Harbor Municipal Code Sections 20.12 (General Critical Areas Regulations); 20.28 (Geologically Hazardous Areas); 21.10 (Subdivisions – General Provisions; and 21.50 (Subdivisions – General Design Standards). Councilmember Hoffmire seconded the motion, which passed 5-2 with Councilmembers Regular Meeting Minutes December 6, 2022 Page 4 of 7 Evans, Hoffmire, Munns, Stucky and Woessner in favor and Mayor Pro Tem Hizon and Councilmember Marshall opposed. 7. Ordinances & Resolutions None. 8. Contract & Agreements a. Whidbey Golf and Country Club Agreement Project Manager Arvidson reviewed the Agreement and provided background information. In 2002, the City entered into an agreement with Island County and Whidbey Golf and Country Club (WGC) to operate drainage facilities in the golf course drainage basin in the western portion of the city. This agreement contained provisions for operating and maintaining stormwater facilities mutually bene- ficial to all three parties. The 20-year original agreement expired in March of 2022 but the parties have continued operating under the original agreement based upon the April 5 th authorization. WGC owns and operates Loers Pond, the creek crossing the property, a stormwater pump station, several small ponds, and conveyance facilities across the property. These facilities serve not only the golf course but city and county storm water and is part of the Swan Lake drainage basin. The original agreement allowed for public use of the facilities and established a cost share formula for the continued use. Based upon a flow share, the City pays 56% of the approved fees. At their April 5, 2022 council meeting, City Council authorized the Mayor to sign a three-way drainage agreement with the Whidbey Golf and Country Club and Island County. This authorization was contin- gent upon all three parties approving the agreement. Subsequently, Island County declined to approve the agreement. The Golf Course renegotiated with Island County and developed an alternate agreement that does not meet the City’s needs for cost control. So in lieu of a three-way agreement, the Golf Course will enter into separate agreements with the City and County. A new agreement was developed that doesn’t alter the original contract conditions but limits the contracting parties. This contract renews the expired agreement. The basic provisions of the original agreement remain unchanged except for the following: Changed contract from 20 years to 10 years Updated labor rates and equipment rates Initiated quarterly billing Added language about operational reliability Developed an expense breakdown sheet The costs will include annual operating, periodic expenses and capital improvements. The periodic and capital expenses require preapproval before the expenditure. Capital expenses are identified but may or may not be needed. If a capital expenditure is approved, the City requires 2 years to put the project into the stormwater budget. This agreement does not present a major cost increase over existing ex- penditures Mayor Severns confirmed no comments were received from the public on this item. John Geragotelis, representing the Whidbey Gold and Country Club spoke in favor of the agreement and voiced appreciation for the City Council, Mayor and City Staff. Councilmembers Woessner, Hoffmire, and Stucky provided their respective questions and comments. Public Works Director Schuller also responded to questions. Regular Meeting Minutes December 6, 2022 Page 5 of 7 Motion: Mayor Pro Tem Hizon moved to authorize the Mayor to sign the joint Drainage Agreement with Whidbey Gold and Country Club. Councilmember Munns seconded the motion, which carried unani- mously. b. City of Oak Harbor Marina Dredging Project – Professional Service Agreement with Moffat and Nichol, Inc. Project Manager Arvidson reviewed the proposed agreement and provided background information. He explained he City of Oak Harbor Marina requires sediment dredging on a periodic basis. The marina was last partially dredged in 2010 and has experienced a great deal of siltation since that time. Project Manager Arvidson noted dredging requires engineering services for designing the project. Addi- tionally, dredging requires in-water permits from both state and federal agencies. Due to the specialized nature of the engineering and permitting, staff intends to utilize a consultant. The consultant work will be divided into 4 phases which will include the preparation of a feasibility study; preliminary design and permit package preparation; final design; and construction period services. This work will involve 3-4 years to complete. Staff solicited proposals to over 17 qualified firms through the MSRC process and 3 Firms submitted proposals. A selection committee evaluated the proposals and interviewed the three firms. Moffat and Nichol, Inc. was selected on the basis of team/firm qualifications, ability to implement projects in a timely fashion and knowledge of Oak Harbor. Project Manager Arvidson explained this was not a low-bidder situation as qualifications of the firms were the foremost consideration. Project Manager Arvidson reviewed the scope of work: • The initial work will involve preparing a feasibility plan for the dredging project. • The feasibility plan includes reviewing historical data; the hydrographic survey; initial sedimen- tation analysis; disposal site evaluation; preparing dredging quantities/alternatives; regulatory assessment and permit strategy; project management and presentations. • Another consideration will be the long-term strategic planning for the marina, such as dock re- configuration, which may expand into this study. • The final scope/cost of this project is dependent on amount of sediment dredged; complexity of working in the marina; environmental mitigation; disposal site availability; funding availability and other factors. • The feasibility study will evaluate these factors and recommend a path forward. The feasibility plan will take 6-8 months to complete. The preliminary design and permitting will take 2- 3 years. Construction will occur during an in-water period (generally October to mid-February). The fee for this Feasibility Plan is $189,271.00, a portion of which is budgeted from ARPA funding. The work will be performed on a time and materials basis to the not to exceed amount. Future work will be engaged with contract amendments. The Marina Advisory Committee has also been advised and will continue to receive reports. Harbormas- ter Sublet also responded to questions. Mayor Severns confirmed the City had received no comments on this item. Councilmembers Woessner, Stucky, Hoffmire, Munns, and Mayor Pro Tem Hizon provided their respec- tive questions and comments. Regular Meeting Minutes December 6, 2022 Page 6 of 7 Motion: Councilmember Munns moved to authorize the Mayor to sign a professional services agree- ment with Moffat and Nichol, Inc. in the amount of $189,271.00 for the City of Oak Harbor Dredging Project. Councilmember Hoffmire seconded the motion, which carried unanimously. 9. Other Items for Consideration None. 10. Reports & Discussion Items None. 11. Executive Session Mayor Severns announced the Council would take a short break and then move into Executive Session to consider the selection of a site or the acquisition of real estate by lease or purchase per RCW 42.30.110 (1) (b) AND to discuss with legal counsel litigation or potential litigation per RCW 42.30.110 (1) (i). Mayor Severns announced the anticipated duration was one half hour and that 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 7:38 p.m. to return at 8:08 p.m. At 8:05 p.m. the Council announced an extension of the Executive Session until 8:23 p.m. At 8:23 p.m. the Council announced an extension of the Executive Session until 8:28 p.m. At 8:28 p.m. the Council announced an extension of the Executive Session until 8:33 p.m. At 8:33 p.m. the Council came out of Executive Session and resumed the open meeting. Mayor Severns announced no action would be taken on the matters discussed. Adjourn Motion: There being no further business, Councilmember Munns moved to adjourn, seconded by Mayor Pro Tem Hizon The motion was approved by a unanimous vote, therefore the meeting adjourned at 8:34 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes December 6, 2022 Page 7 of 7