City Council

Oak Harbor City Council Regular Meeting Minutes December 5, 2023 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 – Reverend Greg Steible, Whidbey Presbyterian 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 Deputy City Admin. & Finance Director David Goldman Councilmember Beth Munns Parks and Recreation Director Brian Smith Councilmember Jim Woessner City Engineer Alex Warner Councilmember Bryan Stucky Principal Planner Cac Kamak Councilmember Shane Hoffmire Fire Chief Ray Merrill Councilmember Eric Marshall Interim Police Chief Tony Slowik Councilmember Barbara Armes Central Services Manager Sandra Place Executive Services Administrator Sabrina Combs Executive Assistant Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS Mayor Severns welcomed all in attendance. All members of the Council were present. 1. APPROVAL OF AGENDA Mayor Severns noted staff had requested to move item 9a. Smith Annexation to after 6a. on the agenda. He called for any other changes to the agenda and a motion for approval. Motion: Councilmember Munns moved to accept the agenda as amended, seconded by Mayor Pro Tem Hizon. The motion carried unanimously. 2. PRESENTATIONS Regular Meeting Minutes December 5, 2023 Page 1 of 8  a. Proclamations – None b. Community Presentations i. Boy Scout Troop 4059 – Wreath Presentation – Scout Master Ricky Ford intro- duced those in attendance from Troop 4059, who presented the City with an evergreen wreath to hang in City Hall. Mayor Severns was joined by the Council in thanking the Troop and posing for photos. c. Honors & Recognitions i. Recognition of former Planning Commissioner Greg Wasinger – Mayor Severns noted it was his pleasure to recognize former Planning Commissioner Wasinger for his 16 years of service, having joined the Planning Commission is 2007 and retiring from the Com- mission earlier this year. Mayor Severns presented Mr. Wasinger with a certificate of appre- ciation and a gavel, along with his Planning Commission nameplate. Mr. Wasinger ex- pressed his appreciation for City staff and thanked the City for allowing him to serve. 3. CITIZEN COMMENT PERIOD Mayor Severns noted citizens may comment on Consent Agenda items or subjects of interest not listed on the agenda at this time and that citizens would have the opportunity to comment on the remaining Agenda items during the meeting as appropriate. Citizens can also visit the City’s website prior to meetings for methods to submit public comment, or contact the City Clerk, Julie Nester by phone or email. 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. The City received one new public comment since the last regular meeting. Jory Amend submitted an online comment regarding the line of sight on West Whidbey Avenue. The comment was displayed. Mayor Severns opened the floor for public comment from anyone 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: Council Meeting of November 8, 2023, and Council Workshop of No- vember 29, 2023 b. Approval of Payroll and Accounts Payable Vouchers c. Interlocal Agreement – Arizona State Purchasing Cooperative Agreement d. Microsoft Select Agreement Renewal e. Surplus List 2023 – Marathon Shirts and MRAP f. Interlocal Agreement: Whidbey Island Public Hospital District Mayor Severns called for any changes to the consent agenda. Councilmember Munns requested to pull item 4c – Interlocal Agreement – Arizona State Purchasing Cooperative Agreement. Councilmember Woessner requested to pull item 4e – Surplus List 2023 – Marathon Shirts and MRAP. Mayor Severns noted the remaining items were approved as presented. Regular Meeting Minutes December 5, 2023 Page 2 of 8 Item 4.c. Councilmember Munns questioned why the City would seek to enter into an interlocal purchas- ing agreement with the State of Arizona. Central Services Manager Sandra Place explained that through the City’s networking with the City of Burlington, WA staff discovered that Arizona has more hybrid patrol vehicles available via their purchasing agreement than the State of Washington. Via an interlocal agree- ment the City has the opportunity to increase its purchasing outreach and obtain vehicles from Arizona. Manager Place explained that availability comes down to distribution. Item 4.e. Councilmember Woessner questioned the surplus of the Whidbey Island Marathon shirts. Man- ager Place explained that the surplus shirts would be distributed for advertising purposes to City staff and others locally. Councilmember Woessner approved of the plan for surplus and suggested shirts might also be provided to the Chamber of Commerce to distribute for swag bags, and also placed in the trucks of police cars to provide to those in need. Councilmember Munns noted she had also suggested checking to see if shirts could also be provided to the Boys & Girl’s Club. Motion: Councilmember Munns moved to approve items 4.c and 4.e, seconded by Councilmember Woessner. The vote on the motion carried unanimously. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor - Mayor Severns provided the following comments and updates: • Election Certified: The general election results were certified by the Canvassing Board on November 28th. Mayor Severns offered his congratulations to Mayor-elect Ronnie Wright who will be sworn in at the January 2, 2024 Council meeting. He noted he was confident that Oak Harbor will be in good hands under Mayor-elect Wright’s leadership. On January 2nd agenda Judge William Hawkins will also administer the oath of office to current Mayor Pro Tem Tara Hizon – Position 1, returning Councilmember Chris Wiegenstein – Position 2, and contin- uing Councilmember Eric Marshall for the full-term portion of Position 3 • Association of Washington Cities Elected Officials Workshop: AWC’s Elected Officials Essentials Workshop is Saturday, December 9th. b. Councilmembers Councilmembers Woessner and Munns provided their respective questions and comments. Councilmembers Woessner commented on the great job done by City staff and the Mainstreet Associ- ation on the Christmas Tree and holiday decorations downtown. Councilmember Munns thanked the community for contributions to Help House. She noted the number of meals provided for Thanksgiving by the foodbank and noted that all donations are appreciated. 6. PUBLIC HEARINGS & MEETINGS a. Ordinance No. 1983: Mid-Biennial Budget Amendment No. 5 to the 2023-2024 Biennial Budget Deputy City Administrator & Finance Director Goldman reviewed the proposed Ordinance. Under RCW 35A.34.040, all code cities are authorized to establish by ordinance a two-year fiscal bien- nium budget. Under RCW 35A.34.130, the legislative authority of a city having adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the biennial budget. The ordinance shall provide that such review and modification shall occur no sooner than eight Regular Meeting Minutes December 5, 2023 Page 3 of 8 months after the start nor later than the conclusion of the first year of the fiscal biennium. The budget modification shall be by ordinance approved in the same manner as are other ordinances of the city. Year 2024 Beginning and Ending Fund Balances for budget purposes were estimated in late 2022 as the current 2023-2024 Biennial Budget was being compiled. As part of the mid-biennial review process, these estimates are updated for the last year of the biennial period. Deputy City Administrator & Finance Director Goldman reviewed the Year 2024 Beginning and Ending Fund Balances for both Operating Funds and Capital Funds as part of the mid-biennial review process and provided the most up to date Salary Schedule and Classification Plan and Beginning Fund Balance Breakdown. Mayor Severns opened the public hearing and confirmed no comments had been received from the public. Hearing no one with a desire to speak, the public hearing was closed. There were no questions or comments from the Council. Motion: Councilmember Stucky moved to adopt Ordinance No. 1983: Budget Amendment No 5, amend- ing the 2023-2024 Biennial Budget and adopting an updated wage and salary schedule and plan of classification. The motion was seconded by Mayor Pro Tem Hizon and passed unanimously. 9. OTHER ITEMS FOR CONSIDERATION a. Smith Annexation Proposal, 1311 Swantown Road, Parcel No. 57685-03-00014-0 Principal Planner Kamak reviewed the item, which was moved to this place in the agenda. Jacob and Stephanie Smith, owners of parcel S7685-03-00014-0, addressed as 1311 Swantown Road, have requested their lot be annexed into the City. The letter of request is attached. As stated in the letter, the property is adjacent to Harold and Debera Frederick-Kirkendall properties (S7685-03-00015-0 and R13204-427-4060, addressed as 1307 and 1298 Swantown Road), who had requested and were ap- proved for annexation in March 2022 but had yet to submit a petition and other annexation related doc- uments. The property is within the city’s urban growth area (UGA) and totals .44 acres. The property is currently not contiguous to the City and will therefore need to be combined with the Kirkendall’s properties to achieve contiguity. The Smith property has an assessed value of $498,778. The Kirkendall’s properties combined assessed value is $1,061,631. Principal Planner Kamak reviewed RCW 35A.14.120, which requires the City Council to convene a meeting with the initiating party within 60 days after the filing of the notice of intent. The City Council must decide at this meeting: 1) Whether it will accept, reject, or geographically modify (as proposed) the proposed annexation. As mentioned in the request to annex, the Smith’s properties must be combined with the Kirkendall properties to achieve contiguity. The City Council can geographically modify the Smith’s annexation request to include Kirkendall’s properties. This would allow them all to sign the same annexation petition and share some of the costs related to annexation. 2) Whether it will require adoption of zoning simultaneously with annexation. The property is designated as Residential in the Comprehensive Plan. Upon annexation the properties will be zoned as R1, Low Density Residential. With annexation comes an increased demand for fire and police services, transportation impacts and utility connections. Regular Meeting Minutes December 5, 2023 Page 4 of 8 3) Whether it will require annexed properties to share City indebtedness. City indebtedness refers to existing or future bonds, the cost of which is shared by City taxpayers. It is logical for the City to require that properties in the proposed annexation to share in City indebtedness. Mayor Severns confirmed no comments had been received from the public. Councilmembers Woessner, Munns and Hoffmire provided their respective questions and comments. Motion: Councilmember Hoffmire moved to accept the request to annex the requested properties as presented and geographically modify the proposed Smith annexation to include the Kirkendall properties (S7685-03-00015-0 and R13204- 427-4060), seconded by Councilmember Munns. Councilmember Woessner clarified the full motion language. The vote on the motion carried unanimously. 7. ORDINANCES & RESOLUTIONS Mayor Severns noted Executive Services Administrator Combs would present all the ordinances and related resolutions together and then review any questions or comments from the council before looking for individual adoptions of each ordinance and resolution. a. Ordinance No. 1984: Uniform Policies for Boards, Commissions and Committees Executive Services Administrator Combs explained the City of Oak Harbor has external Advisory Boards (Arts Commission, Historic Preservation Commission, Lodging Tax Advisory Committee (LTAC), Marina Advisory Committee (MAC), Park Board, and Planning Commission). Over the last year, the Administration Department has been working to provide more transparency and consistency for the Advisory Boards starting with providing videos of meetings for the public, consistent templates for agendas and meeting minutes, and increasing notifications of meetings with agenda de- tails. The next step in this process is to update outdated bylaws and ordinances for the external Advisory Boards by drafting a Uniform Policies Ordinance, and individual Ordinances and bylaws for each one. Staff presented the draft revisions to City Council at the October 25, 2023 Workshop meeting. Council comments were received and added to the documents. Staff presented the revised versions to boards and/or staff liaison for additional comments and is presenting the final version for approval. Some of the key changes include number of members, residency requirements, term limits, service requirements, ex- officios, student representation, and processes. Upon the advice of the City Attorney, staff seeks to repeal Oak Harbor Municipal Code (OHMC) Chapter 2.65 (Ordinance No. 1912) and approve revised OHMC Chapter 2.65 Ordinance No. 1984: Uniform Policies for Boards, Commissions, and Committees. Mayor Severns confirmed no comments had been received from the public. Councilmembers Woessner, Munns, Marshall, Stucky and Mayor Pro Tem Hizon provided his respective questions and comments. Motion: Councilmember Woessner moved to repeal Oak Harbor Municipal Code (OHMC) Chapter 2.65 (Ordinance No. 1912) and approve revised OHMC Chapter 2.65 Ordinance No. 1984: Uniform Policies for Boards, Commissions, and Committees. Councilmember Hoffmire seconded the motion. The vote on the motion carried unanimously. Regular Meeting Minutes December 5, 2023 Page 5 of 8 Councilmember Stucky inquired if there would be any objection to voting upon the remaining ordinances and resolutions as one motion. City Clerk Nester provided a suggested motion, approved by City attorney Evans. Mayor Severns con- firmed no public comments were received on any of the proposed ordinances or resolutions. Motion: Councilmember Stucky moved to accept the suggested motions for all ordinances and resolu- tions as presented. Councilmember Marshall seconded the motion. Councilmembers Munns and Marshall offered additional questions and comments. Following a restate- ment of the motion by Councilmember Stucky and affirmation of the second, the vote on the motion carried 6-1 with Councilmember Munns abstaining. The remaining ordinances and resolutions with their suggested motions are listed here: b. Ordinance No. 1985: Oak Harbor Arts Commission Motion: Approve Ordinance No. 1985 creating a new Chapter 2.29 titled “Oak Harbor Arts Commission” as submitted. c. Resolution 23-25: Adopting Bylaws – Oak Harbor Arts Commission Motion: Adopt Resolution 23-25 amending the Bylaws of the Oak Harbor Arts Commission. d. Ordinance No. 1986: Historic Preservation Commission Motion: Adopt Ordinance No. 1986: creating a new Section 18.50.040 titled “Historic Preservation Com- mission”. e. Resolution 23-26: Amending the Bylaws of the Oak Harbor Historic Preservation Commission. Motion: Adopt Resolution 23-26, amending the Bylaws of the Oak Harbor Historic Preservation Com- mission. f. Ordinance No. 1987: Lodging Tax Advisory Committee Motion: Adopt Ordinance No. 1987: Creating a new Chapter 2.66 titled “Lodging Tax Advisory Commit- tee.” g. Resolution 23-27: Amending the Bylaws of the Lodging Tax Advisory Committee (LTAC) Motion: Adopt Resolution 23-27: Amending the Bylaws of the Lodging Tax Advisory Committee (LTAC). h. Ordinance No, 1988: Marina Advisory Commission Motion: Approve Ordinance No. 1988 creating a new Chapter 2.39 titled “Marina Advisory Commission” as submitted. i. Resolution 23-28: Adopting Bylaws – Marina Advisory Commission Motion: Adopt Resolution 23-28, amending the Bylaws of the Marina Advisory Commission. Regular Meeting Minutes December 5, 2023 Page 6 of 8  j. Ordinance No. 1989: Creating a new Chapter 2.30 titled “Parks and Recreation Advisory Com- mission. Motion: Approve Ordinance No. 1989, creating a new Chapter 2.30 titled “Parks and Recreation Advi- sory Commission” as submitted. k. Resolution 23-29: Amending the Bylaws of the Parks and Recreation Advisory Commission Motion: Adopt Resolution 23-29, amending the Bylaws of the Parks and Recreation Advisory Commis- sion. l. Ordinance No. 1990: creating a new Chapter 18.04 titled “Planning Commission” as submitted. Motion: Approve Ordinance No. 199-, creating a new Chapter 18.04 titled “Planning Commission” as submitted. m. Resolution 23-30: Amending the Bylaws of the Oak Harbor Planning Commission Motion: Adopt Resolution 23-30, amending the Bylaws of the Oak Harbor Planning Commission. 8. CONTRACTS & AGREEMENTS a. Extension of Professional Services Agreement with Evans Marine Solutions for Lagoon Dock Parks and Recreation Director Smith presented the item and provided background information and a brief update on the project. This amendment extends the Professional Services Agreement between the City of Oak Harbor and Evans Marine Solutions for channel maintenance and the installation of a new dock at the Windjammer Park Lagoon, replacing the old dock. The new dock was purchased with grant funds and the City is completing permitting for the installation anticipated to be completed Spring 2024. No additional budget is required for the extension of the agreement. Mayor Severns confirmed no comments had been received from the public. Councilmembers Stucky and Hoffmire provided their respective questions and comments. Motion: Councilmember Woessner moved to authorize the Mayor to sign the agreement extension with Evans Marine Solutions, seconded by Councilmember Munns. The vote on the motion carried unani- mously. 9. OTHER ITEMS FOR CONSIDERATION b. Discussion of Legislative Priorities Executive Services Administrator Combs reviewed the revisions made at the Council’s request following the presentation at the November 29, 2023 Council Workshop, The revisions included the removal of Tort Reform and the addition of a specific request regarding lower interest rates and debt reduction for the Clean Water Facility. The resulting resolution for 2024 legislative priorities will be brought to the Council for adoption at the December 19, 2023 meeting. The adopted legislative priorities are provided to Island County, and to State and local senators and representatives. Mayor Severns confirmed no comments had been received from the public. Regular Meeting Minutes December 5, 2023 Page 7 of 8 Mayor Pro Tem Hizon and Councilmembers Hoffmire, Munns, Marshall, Stucky and Woessner provided their respective questions and comments. Deputy City Administrator and Finance Director Goldman also responded to questions regarding taxation. Staff will make any additional edits and bring the updated item back to the Council for consideration on December 19th. 10. REPORTS & DISCUSSION ITEMS None. 11. EXECUTIVE SESSION None. Adjourn Motion: There being no further business, Mayor called upon the newest member of the Council for the motion to adjourn. Councilmember Armes moved to adjourn, seconded by Councilmember Woessner. The motion was approved by a unanimous vote, therefore the meeting adjourned at 7:24 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes December 5, 2023 Page 8 of 8