City Council

Oak Harbor City Council Regular Meeting Minutes February 5, 2024 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 Wright called the meeting to order at 6:00 p.m. Invocation – Reverend Ben Norris, Church of the Nazarene Pledge of Allegiance – Led by Mayor Wright ROLL CALL City Council Present: Staff Present/Videoconference Mayor Ronnie Wright City Administrator Blaine Oborn Mayor Pro Tem Tara Hizon Deputy City Admin. & Finance Director David Goldman Councilmember Jim Woessner Development Services Director David Kuhl Councilmember Bryan Stucky Public Works Director Steve Schuller Councilmember Shane Hoffmire Parks and Recreation Director Brian Smith Councilmember Eric Marshall Police Chief Tony Slowik Councilmember Christopher Wiegenstein Police Officer Claire Herrera Councilmember Barbara Armes Police Senior Administrative Assistant Meg Massey Interim Fire Chief Mike Buxton Senior Planner Ray Lindenburg Project Manager Brett Arvidson Grants Administrator Wendy Horn Public Records Officer Alanna Lake Executive Services Administrator Sabrina Combs Executive Assistant Macalle Finkle City Clerk Julie Nester As well as a number of officers and staff from the Oak Harbor Police Department Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS Mayor Wright welcomed all in attendance. He noted all members of Council were present. 1. APPROVAL OF AGENDA Mayor Wright requested any changes to the agenda. Hearing none, the agenda was approved as pre- sented. Regular Meeting Minutes February 5, 2024 Page 1 of 9 2. PRESENTATIONS a. Proclamations – None. b. Honors & Recognitions i. Oak Harbor Police Department Life Saving Award - Police Chief Slowik presented a Life Saving Award to Officer Claire Herrera. Chief Slowik explained the circumstances that led to Officer Herrera’s exceptional and courageous response and life-saving per- formance of an infant in the line of duty. Chief Slowik presented Officer Herrera with a plaque and a commendation pin. Officer Herrera thanked Chief Slowik and noted when she entered law enforcement it was because she wanted to help others and was thankful for the opportunity to do so here. c. Community Presentations i. Oak Harbor Main Street Association – Annual Report Oak Harbor Mainstreet Association Executive Director Margaret Livermore presented the Association’s annual report. Highlights included the history of the Mainstreet formation and the Oak Harbor Associa- tion. The local Mainstreet board of directors, volunteers, recently completed projects, new projects cur- rently underway, special events, fundraising, sponsors, donors and grants, and the Association’s four- point approach to benefit local businesses via outreach, design, promotion, and economic vitality. Councilmember Stucky provided his respective questions and comments. 3. CITIZEN COMMENT PERIOD Mayor Wright 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 two new public comments since the last regular meeting, one from Holly Miguel of Spark Movement Academy in support of a community recreation and performing arts center, and the other from Melinda Buchanan, owner of Pamela’s Legacy, proposing the new Fire Station be named for former Fire Chief Ray Merrill. The comments were displayed on screen. Mayor Wright opened the floor for public comment on items not on the agenda or items on the consent agenda. 1. Nolan Saltonstall of Oak Harbor, and a member of the Mr. Oak Harbor Royalty Court, noted the Court’s recent Council presentation to advocate for a Community Recreation Center, and that the City had applied for a grant to aid in creating a feasibility study. Nolan reported he had sent 1,000 emails and received 2 responses and planned a door-to-door campaign to spread the word. He thanked the Councilmembers and Mayor Wright for their support. Regular Meeting Minutes February 5, 2024 Page 2 of 9  2. Jeff Humphrey of Oak Harbor address the Council on the topic of food trailers. He noted he was a local business owner of twelve years. Mr. Humphrey stated his daughter and her spouse wished to start a food truck business but met with roadblocks as these were not allowed on a daily basis in the City but were allowed in the County. He asked how they could begin the process of approval for food trucks in the community. 3. Shane Hoffmire, stating he wished to speak as a resident and not as a Councilmember, spoke in praise of former Fire Chief Ray Merrill. 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: Council Meeting of January 16, 2024 and Council Workshop of January 24, 2024 b. Approval of Payroll and Accounts Payable Vouchers c. Fakkema Access Road Project – Final Contract Voucher Certificate d. Resolution 24-05: Ratifying Island County’s 20-Year Population Projection Mayor Wright called for any changes to the consent agenda. Hearing none, the consent agenda was approved as presented. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor’s Comments Mayor Wright provided the following comments: • Island County Open Houses: Island County is hosting three more open houses in February for their Comprehensive Plan update. See their website at www.islandcounty2045.com to learn more about the open house dates and view the Comp Plan engagement website! • Boards & Commissions: The City has a number of volunteer positions to fill for the Parks and Recre- ation, Marina Advisory, Historic Preservation, Civil Service, and Salary Commissions. See the City’s website to apply. • Now Hiring: The City has openings for employment in several areas. See the City’s website for a complete listing and how to apply. • Mayor’s First 100 Days in Office Report: Continuing meetings with City Departments, greeting legis- lators, and looking forward to an upcoming tour with Island County Commissioner Jill Johnson, and the Association of Washington Cities Action Days in Olympia. Mayor Wright noted he especially enjoyed the State of the Schools event on January 24th that featured administrative updates and presentations and performances by the students. Members of City Council, City Administrator Oborn, and Executive Ser- vices Administrator Combs also attended. • Oak Harbor High School Students Excell – - The OHS Girl’s Wildcat Wrestling Team captured the conference championship. - The Boy’s Swim Team placed fourth in the Northwest Conference. - The OHS Drama Club competed in the Thespian Excellence Awards Competition. This year 15 stu- dents competed in 24 events; and four students qualified to enter the International Thespian Festival in Regular Meeting Minutes February 5, 2024 Page 3 of 9 June in Bloomington, Indiana. Superior and Excellent entries will be honored at the state festival at Central Washington University in March. - Additionally, this week, Mayor Wright nominated Oak Harbor High School student applicant Ashley Roundy for the 2024 Association of Washington Cities Quality Communities Scholarship Program. • Upcoming City Council Retreat: The Council will hold a special meeting for a Council Retreat on February 12th from 8:15 to 4:30 P.M. at the Whidbey Island Campus of Skagit Valley College. City leadership staff and Mayor Wright will also be in attendance. The meeting will be filmed for later publi- cation. Public comment will not be taken. b. Councilmembers Councilmember Woessner provided his respective questions and comments. He requested that staff look into the food truck issue raised by public comment and bring a presentation to the Mayor and Council with the current rules and regulations. He noted food trucks can serve as incubator businesses and that he would like to potentially see dedicated spaces in the downtown core. This item will be placed on a future agenda for discussion. 6. PUBLIC HEARINGS & MEETINGS a. Ordinance No. 1991 – Conditional Use Permit Ownership Code Amendment – Oak Harbor Mu- nicipal Code Chapter 19.67.040 General Conditions Senior Planner Lindenburg presented the item. Currently, the Oak Harbor Municipal Code (OHMC) re- quires that when a property that includes a previously reviewed and approved CUP is sold, then that new owner must apply for and receive a new conditional use permit. That requirement adds additional time and complexity to the transfer of property and does not appear to add any additional benefit to the city or the property owner. A review of a list of peer cities within the state of Washington shows that none of those jurisdictions have a similar requirement, and further conversation with planners at the subject cities confirmed that there are two categories of conditional use continuance through a transfer in ownership: (1) the ordinance explicitly allows the conditional use to “run with the land”, or; (2) the code does not specifically address such transfers, therefore staff interpretation and practice is for the transfer of the approved CUP to continue without review. Staff presented the revised text with changes to accomplish two goals: (1) streamline the ability of businesses and property owners to make ownership changes, while (2) continuing to maintain standards and conditions for existing properties and uses. The change to specifically allow for a conditional use permit to transfer from owner to owner allows for a property with an existing CUP to be sold without significant time and monetary expense for the two parties, as long as the new owner intends to utilize the property in the same fashion as the original conditional use permit stipulates. This brings the OHMC into line with the peer cities compared, and in staff opinion, the explicit statement of this process is preferable to having ownership transfer not be addressed, rather implied or interpreted. A second proposed change essentially ties the conditional use process to that of a non-conforming use – having a sunset date for an inactive conditional use. In other words, if a conditional use permit was approved for a drive-up window at a location but is dormant or the business closes for more than a one- year period, then a new conditional use permit would be required to operate a business with a drive-up at that location. Regular Meeting Minutes February 5, 2024 Page 4 of 9 Senior Planner Lindenburg reviewed the proposed changes, which would strike items number 1, and add a new section, number four, for conditional uses if the conditional use permit is for a non-conforming use. He noted the Planning Commission had examined the changes and recommended adoption. Mayor Wright opened the Public Hearing. He confirmed no public comments had been received and requested any additional public comments from those gathered. Hearing no comments, the public hear- ing was closed. There were no questions or comments from the Council. Motion: Councilmember Woessner moved to adopt Ordinance No. 1991, amending the Oak Harbor Municipal Code relating to Conditional Use Permits as part of Municipal Code 19.67. Mayor Pro Tem Hizon seconded the motion, which carried unanimously. b. Ordinance No. 1992: Oak Harbor Municipal Code Subdivision Requirements – Oak Harbor Mu- nicipal Code 21.30.020, 21.40.020, and 21.40.060 Development Services Director David Kuhl presented the item. He explained there are three areas of Title 21 in the Oak Harbor Municipal Code (OHMC) proposed for amendment. One area relates to al- lowing a deposit for engineering services to be created. The second area will allow an extension of time to process a final subdivision. The third area will allow the submittal of a digital record that can be used for final processing of a subdivision. Engineering Deposit (Section 21.30.020) This code change would require payment of a deposit for en- gineering plan review services as part of the submittal of a final subdivision. The time of submittal will be determined by the City Engineer. The deposit amount will be established in the fee schedule and will be applied to the total plan review fee that is owed. This deposit will cover actual expenses that the Department of Public Works has for reviewing engineered plans and will allow the city to use a third- party reviewer to conduct plan reviews. Permit Expiration (21.40.020) (g) The second proposed code change involves an extension of a final subdivision. Currently, the OHMC allows five years from the approval of the preliminary subdivision to the completion of the final subdivision. The code also allows a one-year extension. This code change would allow a two- year extension rather than one year. Digital Filing (21.40.060) and (21.30.020) (3) (e) The third proposed code change would allow a subdi- vider to file the final subdivision with the county auditor in a digital format. Currently, the code requires applicants to submit a mylar copy. Mylars are not a format that we need anymore, and applicants, citi- zens and staff would all benefit from using current technology. There are two code provisions listed above that will accomplish this. Mayor Wright opened the public hearing and confirmed no public comments had been received. He requested any additional public comments from those gathered. Hearing no comments, Mayor Wright closed the public hearing and called upon the Council for their questions and comments. Councilmembers Stucky, Wiegenstein, and Mayor Pro Tem Hizon provided their respective questions and comments. Motion: Mayor Pro Tem Hizon moved to adopt Ordinance No. 1992, amending the Oak Harbor Munic- ipal Code relating to Subdivisions, seconded by Councilmember Wiegenstein. The vote on the motion carried unanimously. Regular Meeting Minutes February 5, 2024 Page 5 of 9 7. ORDINANCES & RESOLUTIONS a. Resolution 24-04: Washington State Archives Technology Grant Application Grants Administrator Horn was joined by Public Records Officer Alanna Lake in reviewing the applica- tion. The City received a grant in 2022 from the Washington State Archives titled "Organizing the Rec- ords Room." The grant provided funding for additional staff time, training, and equipment in order to begin updating our records management process. In 2023, the City applied for the Washington State Archives grant for technology to further the City's records management efforts. Archives received many requests and while the City's application was strong (according to reviewers), there were other Cities which were determined to have a greater need last year. The City was encouraged by WA Archives staff to apply again this year. Public Records Officer Lake reported on the City’s Records Information Management (RIM) Committee which she heads. Each department has assigned two members who attend and are provided records retention training in weekly meetings. First to be addressed by new software is a backlog of older rec- ords. These will be scanned and placed in databases to decrease the amount of physical records on site and create office space. The Technology Tools grant is meant to assist local governments in moving public records to electronic formats and storing them in secure, searchable databases. Staff is request- ing Council approval to apply for this $30,000 grant to purchase Laserfiche cloud-based software and storage. Laserfiche is used by a number of other Washington cities and counties and has been vetted by the Records Management and Information Technology staff. It is also compatible with the City's other web-based platforms. $30,000 is not budgeted in the 2024 fiscal year. The staff will request Council approval of a budget amendment if awarded the grant. Councilmember Hoffmire provided his respective questions and comments. Motion: Councilmember Wiegenstein moved to approve Resolution 24-04, authorizing the Mayor to approve an application for a technology tools grant to the Washington State Archives to purchase soft- ware to digitize and store public records. Councilmember Hoffmire seconded the motion, which carried unanimously. 8. CONTRACTS & AGREEMENTS a. Professional Services Agreement: Oak Harbor Main Street Association for Business and Occu- pation (B&O) Tax Credits Grants Administrator Horn provided background history and summary for the item. The City chose to participate in the Washington Main Street Tax Credit Program in order to provide funding for the Oak Harbor Main Street Association (OHMSA) on December 15, 2015 per Resolution 15-44. Following the resolution, upon appointment of a permanent Board of Directors and Executive Director, the City executed a professional services agreement. Since 2015, the City has participated in the tax credit program and provided annual funding to OHMSA through a professional services agreement. In 2019, the City increased its contribution to a maximum of $95,000. In 2021, the State of Washington increased the allowable amounts for contribution and tax credits from $133,333.33 and $100,000 respectively to $213,333.33 and $160,000 maximum tax credit. The Statewide cap on the tax credit also increased from $2.5 million to $5 million. Regular Meeting Minutes February 5, 2024 Page 6 of 9 This year's agreement has no changes from prior agreements save dates and names. Similar to prior years, staff is recommending that the City pledge a maximum contribution of $95,000 to OHMSA. The City will receive a maximum tax credit of $71,250, resulting in a reduction in excise tax liability for the following year. The Agreement has been reviewed by the City’s legal counsel. Mayor Wright confirmed no comments had been received from the public. Councilmember Wiegenstein provided his respective questions and comments. Motion: Councilmember Marshall moved to approve that the City enter into a professional services agreement (PSA) with the Oak Harbor Mainstreet Association as part of the Washington State Main Street Tax Credit Incentive Program. Councilmember Wiegenstein seconded the motion, which passed unanimously. b. Labor Agreement: Oak Harbor Police Association Commissioned Unit Human Resources Director House presented the item. She reviewed the summary and collective bar- gaining agreement for both the Commissioned Unit and the Non0Commissioned Unit. On May 3, 2023, the City of Oak Harbor Mayor's Administration and the Oak Harbor Police Association Commissioned Unit began the collective bargaining process. On January 9, 2024, the City of Oak Harbor Mayor's Administration and the Oak Harbor Police Associ- ation Commissioned Unit tentatively agreed to a three (3) year collective bargaining agreement. On January 24, 2024, the Oak Harbor Police Association voted and accepted the tentative agreement. This agreement covers the years of 2024 through 2026 forward to December 31, 2026. This agreement is considered tentative until approved by City Council. The market and cost of living adjustments for the years of the agreement are as follows: 2024 = 3% cost of living adjustment + 2% market adjustment 2025 = 2% cost of living adjustment + 2% market adjustment 2026 = 2% cost of living adjustment + 1% market adjustment Those significant contract items negotiated for the Commissioned Unit are as follows: Agreed to update Officer in Charge (OIC) from $40.00 to $50.00 (Section 11.2) Agreed to update Field Training Officer (FTO) from 2% base pay to $20.00 per shift (Section 11.4.1) Agreed to update Special Weapons and Tactics (SWAT) updated from 3% base pay to $300.00 per month (Section 11.4.2) Agreed to update School Resource Office (SRO) from 3% base pay to $300.00 per month (Section 11.4.3) Agreed to update On-Call Status Detectives from 3% base pay to $300.00 per month (Section 11.4.4) Agreed to update Specialty pay compounding to combine up to two (2) to a maximum of $450.00 per month (Section 11.4.5) Agreed to add Longevity of five (5) years at two percent (2%) (Appendix B) Mayor Wright confirmed no comments had been received from the public. Councilmembers Stucky and Marshall provided their respective questions and comments. Motion: Mayor Pro Tem Hizon moved to authorize the Mayor to sign the labor agreement by and be- tween the City of Oak Harbor and the Oak Harbor Police Association Commissioned Unit. Councilmem- ber Wiegenstein seconded the motion, The vote on the motion carried unanimously. Regular Meeting Minutes February 5, 2024 Page 7 of 9  c. Labor Agreement: Oak Harbor Police Association Non-Commissioned Unit Human Resources Director House reviewed the three-year Collective Bargaining Agreement for years 2024 through December 31, 2026. The agreement is considered tentative until approved by City Council. The market and cost of living adjustments for the years of the agreement are as follows: 2024 = 3% cost of living adjustment + 2% market adjustment 2025 = 2% cost of living adjustment + 2% market adjustment 2026 = 2% cost of living adjustment + 1% market adjustment Director House also provided a listing of significant contract items negotiated as follows: Agreed to update Field Training Officer (FTO) 3% base pay to $20.00 per shift (Section 11.3.1) Agreed to update Primary Evidence Custodian (PEC) 3% base pay to $300.00 per month (Section 11.3.2) Agreed to remove Point of Contact (POC) specialty pay to fill a Records Supervisor position (Section 11.3.3) Agreed to remove Police Support Officer lead specialty pay to fill a Police Support Sergeant position (Section 11.3.4) Agreed to add Longevity of five (5) years at two percent (2%) (Appendix B) Director House also reviewed contract items changed or amended for clarification with little or no impact. Mayor Wright confirmed no comments had been received from the public. There were no additional questions and comments from the Council. Motion: Mayor Pro Tem Hizon moved to authorize the Mayor to sign the labor agreement by and be- tween the City of Oak Harbor and the Oak Harbor Police Association Non-Commissioned Unit. Coun- cilmember Hoffmire seconded the motion, which passed unanimously. 9. OTHER ITEMS FOR CONSIDERATION None 10. REPORTS & DISCUSSION ITEMS None BREAK - Mayor Wright announced at 7:21 p.m. that a five-minute break would be taken before the Council entered into Executive Session at 7:26 p.m. 11. EXECUTIVE SESSION a. Executive Session per RCW 42.30.110 (1) (i) To discuss with legal counsel litigation or potential litigation. At 7:26 p.m. Mayor Wright announced the Council would now go into an executive session per RCW 42.30.110 (1 (i) to discuss with legal counsel, litigation of potential litigation. The anticipated duration was twenty minutes. Mayor Wright noted action might or might not be taken upon return to the open session. Executive sessions are not open to the public. Regular Meeting Minutes February 5, 2024 Page 8 of 9 The Council entered into executive session at 7:26 p.m. At 7:46 p.m. the Council announced they would continue the executive session for an additional ten minutes until 7:56 p.m. At 7:56 p.m. the Council announced they would continue the executive session for an additional five minutes until 8:01 p.m. At 8:01 p.m. the Council came out of executive session and resumed the open session of the meeting. Mayor Wright noted no action would be taken regarding the matter discussed. Adjourn Motion: There being no further business, Mayor Wright called for a motion to adjourn. Councilmember Wiegenstein moved to adjourn, seconded by Mayor Pro Tem Hizon. The motion was approved by a unanimous vote, therefore the meeting adjourned at 8:01 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes February 5, 2024 Page 9 of 9