City Council

Oak Harbor City Council Workshop Meeting Minutes April 24, 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 workshop meeting to order at 2:00 p.m. ROLL CALL City Council Present: Staff Present/Videoconference Mayor Ronnie Wright Interim City Administrator Sabrina Combs Mayor Pro Tem Tara Hizon Deputy City Admin. & Finance Dir. David Goldman Councilmember Jim Woessner Development Services Director David Kuhl Councilmember Bryan Stucky Parks and Recreation Director Brian Smith Councilmember Shane Hoffmire Public Works Director Steve Schuller Councilmember Eric Marshall Police Chief Tony Slowik Councilmember Christopher Wiegenstein Interim Fire Chief Gordon Olson Councilmember Barbara Armes Principal Planner Cac Kamak Senior Planner Ray Lindenburg Assistant Planner Nolan Grunska Economic Development Coordinator Steve McCaslin Harbormaster Chris Sublet Parks and Recreation Supervisor Brandon Cable Recreation Manager Liz Lange Finance Manager Chas Webster Grants Administrator Wendy Horn Central Services Manager Sandra Place Executive Assistant Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC MAYOR Mayor Wright welcomed all in attendance. He noted all members of the Council were present. He ob- served there was one item for action on the agenda, and that the Council may allow or request public participation for that item. Mayor Wright announced the City Council had a very productive special workshop - joint meeting with the Island County Board of Commissioners yesterday afternoon. The purpose of the special meeting was to review and discuss land use policies and regulations of mutual interest. Mayor Wright thanked the Council, the Board of Commissioners and both staffs for facilitating the meeting. Workshop Meeting Minutes April 24, 2024 Page 1 of 8 PARKS AND RECREATION a. Parks and Recreation Annual Report. Parks and Recreation Director Smith provided the Annual Report, including Park Administration and Maintenance, Special Projects, Marina, The Center, Senior Services, Recreation, Arts, and Special Events. Director Smith used the acronym RAMP (Recreation, Arts, Marina, Parks) in talking about the next level for the department and as a basis for current benchmarks and future projects, including the operational vision for Parks and Recreation. Input was also provided by Recreation Manager Lange. Highlighted points for each area included: Recreation • Development of a future Recreation Center • Staffing and staff culture • Next level activities, facilities, experiences and programming for all ages • Marketing and accreditation Arts • Arts Commission and Creative Arts Budget • Arts Plan • Special Events • Arts Programming • Art collections, inventory, and installations • Performing Arts Center Marina • Celebrating 50 years in operation • Impacts and needs, and asset management • Dredging and mitigation • Channel dredging • Shoreline restoration • Facility repairs and improvements • Marina Redevelopment and economic enhancement Parks • High Use Facilities • Maintenance Needs, Renovation, and Beautification • Restructuring for fees and budgeting • Current projects • New Facilities and Trails Director Smith also shared new slogans using the words “Harbor Your…”: -Harbor your Champion -Harbor your Playfulness -Harbor your Creativity -Harbor your Athleticism -Harbor your Adventure -Harbor your Happiness And - Harbor the fun! He introduced Ollie, the Otter, the new Parks and Recreation Mascot. Councilmembers Woessner, Hoffmire, and Stucky provided their respective questions and comments. Workshop Meeting Minutes April 24, 2024 Page 2 of 8 DEVELOPMENT SERVICES a. Form-Based Code Discussion Assistant Planner Grunska presented the information and provided background on the conventional code format currently in use with land-use zoning. He explained the current Oak Harbor Comprehen- sive Plan names “progress toward a form-based code” as a policy to promote a healthy mix of uses as part of the plan’s land use goals and policies. Form-based codes (FBCs) are regulatory zoning codes with an emphasized focus on the relationship between development and the public realm. Centering on form, scale, and character, FBCs typically prioritize site standards such as build-to and coverage requirements, façade requirements, and public improvements such as pedestrian facilities. FBCs are an alternative to conventional zoning codes which tend to focus on segregating and regulating specific uses. Assistant Planner Grunska reviewed the City’s current code and potential weaknesses, as well as ex- amples and benefits for adopting form-based codes, which can be applied city-wide or only to specific districts. Mayor Pro Tem Hizon, and Councilmembers Hoffmire and Woessner provided their respective ques- tions and comments. Break – The Council took at ten-minute break at 3:18 p.m. The workshop resumed at 3:28 p.m. b. Review and Discussion of Oak Harbor Municipal Code (OHMC) 1.30.010 – Requirements for Sale of Other Disposition of City real property Senior Planner Lindenburg explained that City legal staff became aware of a potential impediment since OHMC 1.30.010 (1) and (2) reference a need for an election to transfer park properties specifi- cally. This would require the city to hold an election to sell, exchange or otherwise dispose of property owned by the City that was considered a public park. This would include those which would be an equal value proposition, or of benefit to the City. Staff discussion has centered around the limitations such a code section imposes on the city, primarily the expense and timeline of an election to make a decision that could be potentially made by the City Council. Research by the city’s legal team found that no other city in Washington had a similar re- quirement. Accordingly, legal staff drafted a proposed change to the code, which would remove the election requirement, while still providing a path for the City Council to approve the exchange of city property, including those which may be considered park lands. Councilmembers Hoffmire, Stucky, and Marshall provided their respective questions and comments. c. Municipal Code Regarding Food Trucks Economic Development Coordinator Steve McCaslin noted there has been interest in modifying the City’s regulations regarding mobile food trucks/carts. Public comments presented to the Council ex- pressed belief that the current regulations were too restrictive and potential vendors were locating elsewhere. Two of the City’s current municipal codes deal directly with Food Trucks: OHMC Chapter 19.35 – Temporary Use Permits OHMC Chapter 5.29 – Mobile Food Vendor License Workshop Meeting Minutes April 24, 2024 Page 3 of 8 Coordinator McCaslin reviewed each as follows: 19.35.010 Purpose. (1) This chapter is intended to permit certain inherently temporary uses, such as community festivals, fresh vegetable stands and temporary promotions by permanent businesses. 19.35.020 Applicability. This chapter applies to each application for a temporary use permit, whether located on private property or on the public right-of-way. Mobile food sales and caterers which locate for a short period of time of two hours or less, and car washes and food sales which are operated as nonprofit community fund raisers are exempt. 19.35.040 Frequency and duration of the temporary use. (1) The city may grant a temporary use permit to the same property owner for up to 60 consecutive or nonconsecutive days in every 180-day period. The temporary use permit shall specify a date by which the use shall be terminated 5.29.010 Definitions. (3) “Food vehicle” means a licensed and operable motor vehicle or trailer used to serve, vend, or provide ready to eat food or nonalcoholic beverages for human consumption from a fixed location or along a route on public or private property 5.29.020 Scope. The provisions of this chapter apply to mobile food vehicles engaged in the business of cooking, preparing, and distributing food or beverages with or without charge upon or in public and private restricted spaces 5.29.070 Locations. (1) Private Property. Food vehicles may operate on private property in any zone in which restaurants are permitted (RO with conditional use permit, C-1, CBD, C-5, PBP, PIP and I), with the written con- sent from the property owner and subject to the city’s site plan review requirements. Evidence of such written consent and approval must be provided to the city prior to the on-site location of the food vehicle. (2) Public Property. Food vehicles may be located OS – Open space, recreation and agriculture and PF – Public facilities. (3) Special Event Permit Locations. Special event permits issued under Chapter 5.55 OHMC take precedence over mobile food vendor license locations. Coordinator McCaslin noted food trucks are allowed in any zone that allows for restaurants. Staff will consider establishing operating hours and site regulations. He explained staff sees a potential for cre- ating a new code allowing Food Truck Courts: A food truck court, also known as a food truck park or pod, is an organized space for food trucks and carts. Among the key features of a food truck court for the community are: ▪ Various food options ▪ Community gathering ▪ Rotating offerings ▪ Revitalizing neighborhoods Among the key features of a food truck court for the vendor are: ▪ Affordable rent typically ranging from $500 to $1,000 per month ▪ Lower startup costs A potential site plan review, as outlined in OHMC 19.48.010 could include: • Review for compatibility with existing and potential uses and compliant with development regu- lations and comprehensive plan Workshop Meeting Minutes April 24, 2024 Page 4 of 8  ▪ Ensure consistency with site layout, orientation, signage, and landscaping standards ▪ Integration of stormwater management, parking and access, and utility availability and capacity to the site Coordinator McCaslin concluded that semi-permanent types of uses tend to become permanent. Per- manent uses are subject to important and legitimate site plan review standards, such as stormwater, parking, aesthetics, building codes, restrooms, utilities, and traffic. The presence of food trucks could serve to revitalize areas by generating foot traffic, and as a result become an economic driver. The City needs to ensure there are no undue impact on neighboring parcels and that all uses need to have the appropriate review process. Staff’s recommendation is a minor code change option. Staff will review what is done by other cities and look to bring this item back to the Council at a later date. Mayor Pro Tem Hizon and Councilmembers Hoffmire, Armes, Woessner, Marshall and Wiegenstein provided their respective questions and comments. The consensus by the Council was that the current OHMC Chapter 5.29 adequately addresses food trucks and to make no changes at this time and see how things are at the end of the summer season. d. Ordinance No. 1994: 2023 Comprehensive Plan Amendments – Capital Improvement Plan 2024-2029 Principal Planner Cac Kamak provided an overview of the 2024 – 2029 Capital Improvements Plan (CIP), which is moving forward as the only amendment to the Comprehensive Plan this year. All other items will remain on the docket and will continue into 2024 and will likely be considered in June 2025 as part of the State mandated Major Update. The CIP is a year-long project, and changes were made as early as two weeks ago, as it is always a work in progress. The City Council approved the docket for the 2023 Comprehensive Plan Amendment on March 7, 2023. It included the following: Housing Action Plan – currently under implementation Land Use Changes PIP, PBP to I – comprehensive plan amendment is complete. The zoning change is being considered in February for action JPA/UGA – will be rolled into the 2025 updates Capital Improvements Plan – for action this year Active Transportation Plan – For adoption in April. It will be considered as a sub-element of the Transportation Plan. Alternate Street Connection Plan – in progress Downtown/Marina Plan aka Central Development Area – in progress Some of these items will be incorporated into the 2025 Major Update to Comprehensive Plan. The ac- tions to consider for this year is the Capital Improvements Plan 2024-2029 Legal authority for the CIP is provided by RCW 36.70A.070 (3). The CIP is a planning tool and, in con- junction with the budget, implements projects for the City. The Planning Commission held a public hearing on this at its January 23, 2024 meeting and unani- mously recommended approval. Mayor Wright opened the public hearing on April 16, 2024, and the Mayor and Council continued the public hearing to May 7, 2024. Councilmembers Marshall, Stucky, and Hoffmire provided their respective questions and comments. Workshop Meeting Minutes April 24, 2024 Page 5 of 8 PUBLIC WORKS a. City of Oak Harbor Procurement Update Central Services Manager Sandra Place provided an update on the City’s Purchasing Policy and Pro- cedures as well as current authority limits. Manager Place outlines the statutory framework for munici- pal procurement and purchasing, including codes, statutes and state law. The policies and procedures are designed to assure the citizens, the City Council, and City administrative staff that the City of Oak Harbor is receiving maximum value for each tax and utility dollar expended and assure fiscal respon- sibility in the procurement process. This includes “best practices,” user-friendly flow charts, and checks and balances. Recent updates for the department include: Filled the Purchasing and Contract Coordinator position Successfully deployed federal dollars with cross-collaboration between all city departments and central procurement New ways to buy and save Understanding what is not working and what can be improved 2025-2026 budget season Proposed ERP software Procurement goals include: Improve outreach and access to local vendors Right-size contracts and create opportunities for subcontractors Internal and external training on policy and procedures Always looking for new purchasing tools Manager Place also reviewed the collaboration between Finance and Procurement and the Council’s support when needed to increase prior limits, review distribution challenges, approve not to exceed amounts and meet with staff as needed. On June 6, 2021, City Council approved Ordinance No. 1930 for formal adoption, repealing the current Chapters in the OHMC relating to purchasing and procurement: OHMC 2.310-2.390, and Replaced the repealed chapters with the Purchasing and Policy Manual finalized on May 18, 2021 Included increases in authority based on workshop feedback to be evaluated yearly if possible. On May 17, 2022, the City Council approved updates to the Purchasing Policies and Procedures Auditor recommendations Grant and federal funding procedures Added OMB Memorandum Public Works Project competitive bidding changes A&E evaluation criteria were added Changes to sections “How to Lease” and “Grants” Manager Place reviewed both prior and current bid threshold purchases for material, supplies, and equipment, including installation, and reviewed the bid threshold for public works, A&E/Professional Services and Personal services and how these compare to other like-sized cities. Councilmembers Hoffmire, Stucky and Marshall provided their respective questions and comments. b. Action Item: Resolution 24-15: Special Market Conditions for a Used Mechanical Sweeper Central Services Manager Sandra Place reviewed the Resolution and background information. Workshop Meeting Minutes April 24, 2024 Page 6 of 8 On March 15, 2022, the City Council approved the use of special market conditions and a not to ex- ceed amount of $120,000.00 to procure a mechanical sweeper. City staff has been looking for a used mechanical sweeper for two years now, and one has now be- come available through a rental fleet from Owen Equipment. City staff traveled to Kent to look at the condition and to see if this unit would suit the City’s needs. This unit has 8,263 hours and 101,753 miles, is in great condition, and will be sold with a PM service that is up to date and will be ready to sweep upon delivery. This unit is not on an auction site and a competitive bid would be needed to move forward, however, due to having several interested parties, the vendor is willing to hold this unit for the City of Oak Harbor until this meeting, but not for the two to three months it would take to do a competitive bid process. Therefore, staff is proposing that the City Council pass a resolution stating the need to waive the established bidding requirements due to this opportunity to purchase favorably priced equipment that will be sold before the City can conduct the bid process when over bid thresh- olds. Funding for this procurement has been included in the 2023-2024 biennial budget in the amount of $120,000.00. Mayor Wright confirmed no comments had been received and asked whether the Council would ac- cept public comment on the item and requested any comments from the public. Hearing no one with a desire to address the Council, Mayor Wright called upon the Council for their questions and com- ments. Councilmember Marshall provided his respective questions and comments. Motion: Councilmember Marshall moved to approve Resolution 24-15: and authorize staff to purchase one (1) used sweeper utilizing RCW 39.04.280 special market condition, not to exceed $120,000.00. Wiegenstein seconded the motion, which passed unanimously. FINANCE a. City Council Financial Primer – Part 2 – Property and Sales Tax – Due to the lateness of the hour, this item was moved to the May 7, 2024 Council meeting. CITY COUNCIL a. City Council Overarching Priorities Sub-Categories, and Accomplished Priorities Discussion Interim City Administrator Sabrina Combs introduced the item. Councilmembers Marshall, Stucky, Wiegenstein, Hoffmire, Armes, and Mayor Pro Tem Hizon provided their respective questions and comments. In the interest of time, the Council requested staff schedule a special workshop meeting to allow time for more in-depth discussion of Council priorities. The City Clerk will poll the Council to determine a special workshop meeting date. ADMINISTRATION a. Monthly Departments’ Report Workshop Meeting Minutes April 24, 2024 Page 7 of 8 Interim City Administrator Sabrina Combs noted the staff’s combined monthly report was included for Council information and she appreciated all of staff’s efforts. Councilmembers Woessner and Hoffmire voiced appreciation for the information and good work. CITY COUNCIL COMMENTS There were no additional comments from the Council. ADJOURN There being no further business, Mayor Wright adjourned the workshop at 5:11 p.m. Certified by Julie Nester, City Clerk Workshop Meeting Minutes April 24, 2024 Page 8 of 8