City Council

Oak Harbor City Council Regular Meeting Minutes May 21, 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 Call To Order and Native Lands Acknowledgement - Mayor Wright called the meeting to order at 6:00 p.m. He included the acknowledgement that the meeting was being held on the ancestral lands of the Coast Salish people and paid respect to those past and present. Invocation – Reverend Greg Steible, Whidbey Presbyterian Church Pledge of Allegiance – Led by Mayor Wright ROLL CALL City Council Present: Staff Present/Videoconference Mayor Ronnie Wright Interim City Administrator Sabrina Combs Mayor Pro Tem Tara Hizon - absent Deputy City Administrator David Goldman Councilmember Jim Woessner - absent 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 Interim Fire Chief Gordon Olson Councilmember Barbara Armes Principal Planner Cac Kamak Senior Planner Ray Lindenburg City Engineer Alex Warner Parks Supervisor Brandon Cable Financial Planning & Operations Mgr. Chas Webster Finance Accounting Manager Askley Ramos Grants Administrator Wendy Horn Executive Services Coordinator Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS Mayor Wright welcomed all in attendance. He noted Mayor Pro Tem Hizon and Councilmember Woess- ner had requested to be excused. Motion: Councilmember Marshall moved to excuse Mayor Pro Tem Hizon and Councilmember Woess- ner, seconded by Councilmember Wiegenstein. The vote on the motion passed unanimously. 1. APPROVAL OF AGENDA Regular Meeting Minutes May 21, 2024 Page 1 of 14 Mayor Wright requested changes to the agenda. Motion: Councilmember Marshall requested to move items 6.d. and 8.c. forward in the agenda to after Mayor and Council Comments and made a motion to that effect. The motion was seconded by Coun- cilmember Wiegenstein and passed 4-0 with Councilmember Hoffmire abstaining. 2. PRESENTATIONS a. Proclamations – i. National Public Works Week Proclamation Public Works Director Schuller provided a report on Public Works Week and the importance of the work done by public work professionals who are responsible building and rebuilding, improving, and protect- ing vital public infrastructure. Mayor Wright requested that Councilmember Stucky read the Proclamation, citing May 19-25, 2024 as National Public Works Week in the City of Oak Harbor. b. Honors & Recognitions – None c. Community Presentations – None 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 seventeen new public comments since the last regular meeting, one from Janette North of Oak Harbor regarding planning for Galleon Duplexes, one from April Estelle and Patrick Keaney of Oak Harbor regarding opposition of proposed Ordinance 1993 and fourteen from Rebecca White, Sheila Ryan, Perry Yaw and Kristen Swenson of Oak Harbor, and from David Stenberg, Dan Vorhis, David Felice, Ann Casey, Paula Shafransky, Tim Kangas, Robert Kenny and Julie Glover, Marnie Jack- son, Zachery Badaouie, and Steve Erickson of Whidbey Environmental Action Network who are not residents of Oak Harbor, regarding the proposed Ordinance 1999 relating to the sale of real property. Those comments were displayed with that item. Mayor Wright opened the floor for public comment on items not on the agenda or items on the consent agenda. 1. Joseph Coomer of Oak Harbor spoke about a new design for airports and other structures he had created to render them earthquake proof. He requested the City Council study his and en- dorse his work so that it could be published. Mr. Coomer also noted that audio assistance be considered for Council Chambers. 2. Natsah Zylinsky of Coupeville spoke in support of the Imagine garden and suggested the City Parks and Recreation Department work with she and others who use and enjoy the garden to maintain it and consider creating a concrete path. Regular Meeting Minutes May 21, 2024 Page 2 of 14 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: City Council Meeting of May 7, 2024. b. Approval of Payroll and Accounts Payable Vouchers c. Interlocal Agreement: Acceptance of Washington State Military Department of Homeland Se- curity Grant (#E24-327) d. Law Enforcement Vehicle Pursuit Tech Grant Round 2 Approval e. Resolution 24-18: Approving Department of Justice COPS Hiring Grant Application Mayor Wright called for any changes to the consent agenda. Motion: Councilmember Marshall moved to remove Agenda item e. Resolution 24-18: Approving De- partment of Justice COPS Hiring Grant Application from the consent agenda and move it to later in the meeting after the Business and Occupation Tax public hearing, for discussion. Councilmember Wiegenstein seconded the motion. Hearing no objections, Councilmember Marshall moved to approve the consent agenda as amended, again seconded by Councilmember Wiegenstein. No council mem- bers objected. Mayor Wright noted the remaining consent agenda items were approved as presented. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor’s Comments Mayor Wright provided the following comments: • Kudos for Staff: Our Marina staff received this email praising their efforts in restoring power to the Marina on May 9th. Christon Skinner wrote: “Kudos to the Oak Harbor Marina staff for meeting this challenge, and for the obvious extra effort that went into fixing the problem as quickly as possible. I also really appreciated your willingness to keep us informed as progress was being made. Great job!” • Leadership Whidbey: Congratulations to this year’s graduates, including our Deputy City Administrator David Goldman and our Parks and Recreation Director Brian Smith. It was a pleasure attending their graduation at Greenbank Farms. • Upcoming City Closures: All City offices will be closed for Memorial Day, Monday, May 27th. And the City will hold its first of three yearly all-staff meetings on Wednesday morning, May 29th at the Clean Water Facility Interpretive Center. City offices will be closed from 7:15 to 11:15 a.m. to allow all who are able to attend. I look forward to celebrating our staff. • Student Art Show: I had the pleasure of attending a showcase of Oak Harbor High School Students artwork this past week and was very impressed! • Sailors of the Year: I had the honor of recognizing the 2023 Sailors of the Year at a recent joint luncheon of the Navy League and Oak Harbor Rotary Club. • Local Events: There are several terrific special events happening in our area, many of which are displayed on the screen. • In support of our staff: Before I call upon the Council for their comments this evening, I would like to say a few words about the importance of accuracy and transparency in government. It has come to my attention, particularly in this past week, that several items on our agenda this evening have been mis- understood or misrepresented by members of the public, by members of the press, and to some extent, even by members of our City Council. One such item on our public hearing agenda this evening is the proposed Ordinance No. 1999: Updating Oak Harbor Municipal Code Section 1.30.010 for requirements for sale or other disposition of City real Regular Meeting Minutes May 21, 2024 Page 3 of 14 property. The City of Oak Harbor is one of only a few cities in the state that has this language regarding City property. This was brought to the Council’s attention when the City’s legal counsel was researching another item. Staff presented it at the April 24, 2024, City Council Workshop to discuss the option of updating the code. It was also on the Parks and Recreation Advisory Board agenda in May. OHMC 1.30.010 reads: “(1) No real property of the city shall be sold, released, leased, demised, traded, exchanged, or otherwise disposed of unless the same is authorized by the city council after a public hearing. Notice of such public hearing shall be given by publication of the notice in the city’s official newspaper at least 10 days prior to the hearing.” The City is considering removing the last sentence, “Developed city park property shall not be disposed of in any manner without citizen approval in an election, except as provided in subsection (2) of this section. The City currently utilizes a public hearing process for the sale or surplus of any real property. This Ordinance update does not change that, it only removes the language specific to holding an election in addition to this process. Placing an item on a ballot for election is a costly and time-consuming process. For example, our recent fire levy ballot measure cost the City and our taxpayers $36,000. The language requiring an election is viewed as an impediment to accomplish necessary public purpose improvements for items like water, sewer, or roadway enhancements. This proposed change was not about economic development imped- iment but service improvements. Our staff is dedicated to doing their best for the good of our City, this includes saving money while ensuring, and not avoiding, a full public process. I appreciate the constituents from our community that used the correct tool to provide Council with their comments. Social media is not the format. We do not take public comment via Facebook or other media sites. Those comments are not logged as public comments and our staff does not respond to them. As a personal note, I find there are negative effects to staff morale when we as leaders debate items on Facebook. Addressing misinformation increases our staff’s workload to provide correct information to the public. Additionally, it’s hard to “un-ring a bell”. Specifically, I’d like to address the proposed Business and Occupation Tax. The recent on-line conver- sations focus on one department, when in fact, these potential funds would be intended to address overall City needs. This is in place in many other cities of our size and would be utilized to meet the growing need for greater police, drug enforcement, and safety presence in our community, and federally required increased cybersecurity for our City. This revenue would support several added positions and programs, of which our Police Department is just one part. Funding from a B&O tax could also be utilized to pay the increased costs of Indigent Defense, for debt service expenses related to parks and recreation facilities including a potential new recreation center, Marina dredging, Parks Administrative staffing, low-income resident assistance, and infrastructure re- pairs. As a business owner myself, I understand the importance of a balanced budget. As a vibrant community, we have several programs and initiatives the community is requesting, and we have to identify ways to fund these going forward. As the Mayor, I have tasked my leadership team with being more transparent with the Council and the public about methods to address community needs. With that in mind, this is an option our Deputy City Administrator is bringing to the Council’s attention. Regular Meeting Minutes May 21, 2024 Page 4 of 14 However, if the B&O Tax is not the method to fund these programs, then the Council will need to consider other options for increasing revenue or identifying cuts. I appreciate the work our Grants Coordinator Wendy Horn has done to bring in additional dollars, but we can’t use grant funding for long-term support of our programs. I’d like to add that I fully support our Staff, including our first responders and all who work to keep our City safe. Our Interim City Administrator and myself have been attending the Oak Harbor Police Depart- ment Citizen Academy, which I hope members of our Council and others in our community attend in the future. Additionally, members of our Police department spent three days interacting with happy and grateful residents at Regency last week. And I continuously hear positive comments about their partici- pation in our public schools. I applaud their involvement in our community. Lastly, I’d like to address the agenda item regarding the North Whidbey Pool, Park, and Recreation District. This administration has no opinion one way or the other on their pursuit of a Metropolitan Park District. Our only goal in bringing this back to the Council is to ensure that everyone is hearing the same information. This applies to information provided to the City Council and to the County Commissioners, some of which was conflicting. We look forward to working in cooperation with Island County and North Whidbey Pool, Park, and Rec staff on this item in the future. b. Councilmembers Councilmembers Hoffmire and Armes provided their respective comments. Councilmember Hoffmire acknowledged the online comments and noted he was pleased to see so many people attending the meeting. He stated he would be recusing himself from one agenda item later in the evening. Coun- cilmember Armes thanked Mayor Wright for cleaning up the agenda items, for transparency and ex- plaining it so all could better understand the items. She reported on the release of the juvenile salmon from the Marina on May 14th and noted there would be a fundraiser at Ace Hardware for funding this effort in the future. 6. PUBLIC HEARINGS & MEETINGS As requested earlier – item d. Ordinance No. 1999: Update to Oak Harbor Municipal Code Section 1.30.010 Requirements for sale or other disposition of city real property was first to be reviewed. 6. d. Ordinance No. 1999: Update to Oak Harbor Municipal Code Section 1.30.010 Requirements for sale or other disposition of city real property Senior Planner Lindenburg presented the staff report with background and analysis on the item, which as Mayor Wright had explained earlier, would remove the requirement that “Developed city park property shall not be disposed of in any manner without citizen approval in an election, except as provided in subsection (2) of this section.” Senior Planner Lindenburg reviewed the process. Mayor Wright opened the public hearing. Those comments received via email from Rebecca White, Sheila Ryan, Perry Yaw and Kristen Swenson of Oak Harbor, and from David Stenberg, Dan Vorhis, David Felice, Ann Casey, Paula Shafransky, Tim Kangas, Robert Kenny and Julie Glover, Marnie Jackson, Zachery Badaouie, and Steve Erickson of Whidbey Environmental Action Network all of whom were not residents of Oak Harbor, were displayed. All comments opposed the proposed ordinance. Mayor Wright opened the floor to those present who wished to speak. Regular Meeting Minutes May 21, 2024 Page 5 of 14 Laura Renninger, of Oak Harbor, Kyle Renninger of Coupeville, Lee Roof of Oak Harbor, Kathy Harbour of Oak Harbor, Mark DesVoign of Oak Harbor, Steve Erickson of Clinton, Amanda Bullis of Freeland, Kristi Jensen of Oak Harbor, and Kathy Chalfant of Oak Harbor, all spoke in opposition to the proposed ordinance. Hearing no others, Mayor Wright closed the public hearing. Councilmembers Hoffmire, Stucky, Marshall, Armes and Wiegenstein provided their respective ques- tions and comments. Motion: Councilmember Hoffmire moved to table the item until a no net loss is codified in the City’s Comprehensive Plan, seconded by Councilmember Wiegenstein. Councilmember Marshall requested staff clarification. Senior Planner Lindenburg explained that would not be a code change but rather a Comprehensive Plan Amendment. Councilmember Marshall clarified the item before the Council this evening was an ordinance change. Discussion continued. Mayor Wright called for a vote on the motion, which failed 1-4 with Councilmember Hoffmire in favor and Councilmembers Armes, Wiegenstein, Stucky and Marshall opposed. Motion: Councilmember Wiegenstein moved to table the item and bring it back for consideration at a later date, seconded by Councilmember Hoffmire. Discussion continued. Amendment: Councilmember Marshall offered a friendly amendment for bringing the item back to the next regular meeting in July. Councilmember Wiegenstein seconded the friendly amendment. Discussion continued. Mayor Wright called for a vote on the friendly amendment, which passed unanimously. Mayor Wright called for a vote on the motion as amended, which read: “I move to table the item and bring it back for consideration at our regular meeting in July.” The vote on the motion as amended passed unanimously. Mayor Wright called for a ten-minute recess. Mayor Wright called the meeting back to order at 8:01 p.m. He noted the Council would now consider item 8. C. 8. c. Resolution 24-20: Repealing Resolution 24-14 regarding the creation of a North Whidbey Pool Park and Recreation Metropolitan Park District Deputy City Administrator and Finance Director Goldman reviewed the item and provided background information with input from City Attorney Evans, noting there had been conflicting language between what the Council had approved and what the Island County Board of Commissioners had been pre- sented. This resulted in questions from both municipalities and from the Island County Prosecuting At- torney. Deputy City Administrator Goldman noted Island County repealed both resolutions earlier today, and suggested the Council consider the same. Regular Meeting Minutes May 21, 2024 Page 6 of 14 Mayor Wright confirmed no comments were received in advance of the meeting and called for any public comments from those in attendance. James P. Marrow of Oak Harbor urged the Council to repeal, revise and replace the resolution. Misty Martin of Oak Harbor, Jaemee Witmer of Oak Harbor, Brit Kraner of Oak Harbor, Pat Hardin of Oak Harbor, and Kayla Spruce of Oak Harbor all spoke in support of the pool and in favor of the formation of a Metropolitan Park District. Councilmembers Wiegenstein, Stucky, and Marshall provided their respective questions and comments. Councilmember Hoffmire noted that due to his affiliation with both the pool and the City, he would be recusing himself on this issue. Motion: Councilmember Wiegenstein moved to approve Resolution 24-20, repealing Resolution 24-14. Councilmember Marshall seconded the motion which passed 4-0-1 with Councilmembers Armes, Marhsall, Wiegenstein, and Stucky in favor and Councilmember Hoffmire recused. Staff will coordinate with the Island County Board of Commissioners and bring a revised resolution back to the Council. From the audience, Misty Martin requested to ask a question. Mayor Wright noted public comment was already closed on this item. Councilmember Stucky requested a vote to allow Ms. Martin’s question, which no one opposed. Ms. Martin asked when a revised statement from the Council would be available. Councilmember Wiegenstein noted a date was not yet set but it would be before the deadline needed for The NWPPRD to submit it to Island County for the ballot publication. Mayor Wright noted the Council would now resume the regular agenda with public hearing item 6.a. a. Annexation Request from Oak Town Property, LLC for parcels R13326-274-1130, R13326— 291-1130, and R13326-281-0850, located on Oak Harbor Road, approximately 5 acres. Principal Planner Cac Kamak reviewed the annexation request and information. Oak Town Properties LLC, owner of the following three parcels: R13326-274-1130, R13326-291-1130, and R13326-281- 0850, has submitted a request to annex into the City. The properties are located on N. Oak Harbor Road and encompass approximately 5 acres. The properties are contiguous to the City to the south. Principal Planner Kamak reviewed the annexation request and information, as well as the potential im- pacts to utilities, services, and transportation. He also explained Council’s options to approve or reject the request. The Property is designated as Industrial in the City’s Comprehensive Plan Land Use Map. One of the properties currently has a structure on it and the other two properties are vacant. The property is currently served by City water. A water connection agreement in 2001 was signed when the property was subdivided. The properties are not connected to the City’s wastewater system. On Oak Harbor Road, the closest connection is approximately half a mile away to the south in the vicinity of Crosby Avenue. To the east, there is a sewer currently serving W Erin Park Road that connects to Goldie Road, however, connection to this system has several issues since there are no public easements that allow for the connection. Connections to the sewer system will be challenging in either direction. The City’s comprehensive sewer plan calls for a gravity sewer along Oak Harbor Road to serve properties west of Oak Harbor Road, and a combination of lift stations and forced mains along the low areas be- tween Oak Harbor Road and Goldie Road will serve the properties located there. Regular Meeting Minutes May 21, 2024 Page 7 of 14 The City’s current Capital Improvements Plan has $250,000 in 2027/28 for the design of this sewer system, however the funding source for project construction has not been identified. The timing of the sewer connection to these properties will determine the full potential of the properties, however the property can still accommodate some limited development within its current capacity with uses such as storage/mini warehouses which requires minimum wastewater facilities, and the existing on-site system is in working order to accommodate the proposed development. Any other kind of substantial develop- ment will be dependent on the city sewer connections. If annexed, stormwater management facilities will need to be provided with development proposals and will be required to meet the City’s adopted standards. The properties drain eastward and southward with the water eventually flowing into the NE 7th Avenue wetlands. Mayor Wright opened the public hearing. He confirmed no public comments had been received and requested any public comments from those gathered. Hearing none, the public hearing was closed. There were no comments from the Council. Motion: Councilmember Stucky moved to commence annexation proceedings for Oak Tree Property, LLC. Councilmember Hoffmire seconded the motion. Councilmember Marshall requested additional clarification regarding sewer services, which was provided by Principal Planner Kamak. The vote on the motion passed unanimously. Motion: Councilmember Stucky moved to suspend the Council rules and extend the meeting past 9:00 p.m. The motion was seconded by Councilmember Marshall and passed by a vote of 4-1 with Coun- cilmember Wiegenstein opposed. b. Ordinance No. 1993: Amending Oak Harbor Municipal Code Sections 19.66.080, 19.67.060, and 19.20,092 pertaining to appeals of land use decisions. Assistant Planner Grunska presented the item. He explained the City’s Hearing Examiner had noted during a recent hearing that the stated appeal period in the application section of the code did not comply with the provisions of the Land Use Petition Act, RCW Chapter 36.70 C, and should be updated. Staff reviewed and found three sections of code to be updated. Mayor Wright opened the public hearing and confirmed no public comments had been received and hearing no comments from the public in attendance, he closed the public hearing. There were no comments from the Council. Motion: Councilmember Marshall moved to adopt Ordinance No. 1993: Amending Oak Harbor Munici- pal Code Sections 19.66.080, 19.67.060, and 19.20.095, pertaining to appeals of land use decisions. Councilmember Wiegenstein seconded the motion, which passed unanimously. c. Ordinance 1998: Adoption of a Business & Occupation Tax Deputy City Administrator and Finance Director Goldman presented a proposal for creating a Business and Occupation (B&O) Tax and provided information for proposed Ordinance No. 2000 as well. He noted he had presented both temporary and permanent funding options regarding the police staffing needs at the March 27, 2024 City Council Workshop, following Police Chief Slowik’s presentation to City Council at their February 28, 2024 Workshop. The funding options were presented in light of the City's financial policies and best practices which state that recurring revenues are required to fund recurring expendi- tures, and to examine permanent funding options. Regular Meeting Minutes May 21, 2024 Page 8 of 14 In addition to utilizing the funding for public safety officers, detectives, and staff, City staff has identified the following areas as potentially (depending on City Council action) needing future recurring sources of funding: Public Safety officers, detectives, and staff (Year 1 - $625,000, Year 8 - $950,000) Annual Indigent Defense expenses ($215,000 to $250,000). Business and Occupation tax implementation, operations, and auditing costs. (Equal to or less than 5% of revenues). Debt service expense related to future parks and recreation facilities (recreation center) and Marina dredging. Debt service expense related to future police station/city hall replacements. Technological enhancements. Cyber Security Personnel. Parks Administrative Assistant. Grants Accountant. Potential form of government changes. Economic Development program elements. Low-income resident assistance. Internship program for local students. Unplanned infrastructure repairs (e.g., City Hall roof). Deputy City Administrator Goldman also reviewed other potential funding options, including increases to property taxes, sales taxes, and utility taxes. About 50 cities in the State of Washington utilize a B&O Tax. Deputy City Administrator Goldman provided three options for the taxing levels, aspects of the proposed tax, and implementation and exemptions. Per City Council deliberation at the March 27, 2024, Workshop, staff is proposing that Option 2 be pursued as a source of revenue for police staffing with an effective date of July 1, 2024. This option would set a Business Tax Threshold (gross annual receipts) of $1,000,000. This would apply to 178 businesses currently operating in Oak Harbor and representing 8.2% of applicable business. This tax rate would be 0.002 percent and apply to gross annual receipts of $668,847,419 over minimum, generating $1,337,695 in annual revenue for the City. The maximum gen- erated by any one business would be $140,665, the minimum would be $55, and the median would be $1,664. Mayor Wright opened the public hearing and confirmed no comments had been received. Hearing no comments from the public in attendance, the public hearing was closed. Councilmembers Hoffmire, Stucky, Marshall, Armes, and Wiegenstein provided their respective ques- tions and comments. Motion: Councilmember Hoffmire moved to approve Ordinance 1998, Amending Title 3 of the Oak Har- bor Municipal Code to add a new Chapter 3.98, pertaining to the adoption of a business & occupation tax, pertaining to Option 1, effective July 1, 2024. The motion failed for lack of a second. Staff will review Council questions and feedback to potentially bring the item back at a later date. e. Ordinance 2000: Creating OHMC Chapter 3.99, pertaining to administrative provisions for the regulation of City taxes As noted, Deputy City Administrator Goldman had provided information for this item earlier in conjunction with the B&O Tax proposal. The creation of administrative rules regarding local Business & Occupation Taxes is mandated by the State. Deputy City Administrator Goldman had provided a brief review of the administrative provisions to codify items in his prior presentation such as: Regular Meeting Minutes May 21, 2024 Page 9 of 14 When the tax is due and payable - Tax is due quarterly and is payable on the last day of the month following the quarter. Exception: First payment of initial period is due on January 31, 2025. Payment methods - Electronic preferred. Exemption from filing - Businesses that won't exceed the $1,000,000 threshold annually may contact the city to request an active non-reporting status that we will keep on file. This will reduce paperwork on both staff and the business owners. Late filings and payments of taxes - Must follow State law. 1 day to 1 month - 9% 1 month to 2 months - 19% Over 2 months - 29% Underpayment penalty (if at least 80% of payment due is made on time) - Currently about 6% per annum. Mayor Wright opened the public hearing and confirmed no comments had been received. Hearing no comments from those in attendance, the public hearing was closed. There were no additional questions or comments from the Council. Staff will review Council’s prior com- ments. No action was taken. 7. CONTRACTS & AGREEMENTS a. Staff Report for Contracts & Agreements Items b., c., and d. related to the Department of Ecology Integrated Planning Grant Development Services Director Kuhl and Public Works Director Schuller provided an overview of the three related Professional Services Agreements that follow on the agenda for environmental cleanup of the City owned property located at 1081 and 1091 Pioneer Way. This included a summary report of the following related agenda items: b. Professional Services Agreement with Farallon Consulting for Remedial Investigation/Feasibility Study of Pioneer Way Property, not to exceed $107,000. c. Professional Services Agreement with Dahlin Group for Integrated Planning for Central Development Area and City Property, not to exceed $68,000. d. Professional Services Agreement with the Center for Creative Land Recycling (CLLR) for Vision to Action Plan, not to exceed $10,000. All three Agreements are related to the City's environmental cleanup for property owned by the City at 1081 and 1091 Pioneer Way. At the Council Workshop on January 24, the next steps were outlined for environmental restoration and redevelopment of the City owned parcels at 1081 and 1091 SW Pioneer Way, as well as for the sur- rounding Central Development Area (CDA). To help further address these needs, the City was recently awarded an Integrated Planning grant from the Washington State Department of Ecology (Ecology) for $200,000. which requires a zero (0%) match from the City. Since the Workshop, staff has also been working with the nonprofit CCLR (pronounced “see- clear”) on an additional funding award of approximately $100,000 to complete economic analysis/market feasibil- ity, three public workshops, and community visioning. The CCLR’s scope of work requires a 10% con- tribution from the City (about $10,000). Both the Ecology and CCLR funded tasks are further detailed below. The work related to the accompanying action items was divided into five areas: Regular Meeting Minutes May 21, 2024 Page 10 of 14 1) Remedial Investigation/Feasibility Study: Farallon Consulting will work with the City to complete a remedial investigation and feasibility study for environmental contamination under the City owned par- cels at 1081 and 1091 SW Pioneer Way. Farallon will install up to four new groundwater monitoring wells and one boring to a depth of approximately 15 feet below ground surface. Farallon was selected from the non-profit Municipal Research and Services Center (MRSCs) Public Agency Roster and Faral- lon also completed the Phase 1 and Phase 2 Environmental Due Diligence Reports when the parcels were purchased in January 2023 by the City. Total costs are not to exceed $107,000 and are funded 100% by the Ecology grant. 2) Integrated Planning: Dahlin Group will work with the City to complete integrated planning and archi- tectural renderings to envision future redevelopment that is both environmentally and fiscally sustaina- ble, and that enhances and strengthens business viability, creates new housing opportunities, and fos- ters a livable and beautiful city center. Dahlin Group was selected from the MRSC Roster, and ranked number one after interviews by a City team from Public Works and Planning. Total costs are not to exceed $68,000 and are funded 100% by the Ecology grant. The estimated schedule includes draft renderings and analysis for stakeholder review this summer. Public workshops and community visioning The scope of work will focus on three zones: a. The Site – City Owned Waterfront Property About 1.1 Acres Five-Story Renderings (Current zoning allow 55-foot heights) Parking Requirement Comparison Analysis of Public and Retail Connection to the Waterfront Alternatives Based on Environmental Remediation Options b. The Neighborhood – Downtown Waterfront Master Plan About 80 acres City Owned Properties as a Catalyst 3D Rendering of Waterfront District Parking Requirement Analysis c. The Redevelopment Zone –CDA About 500 acres Focus on Renderings and Analysis for “Chimes Corner” (i.e. Whidbey Avenue and Midway Boulevard Intersection), which may include the School Bus Barn, and Current Park and Recreation Areas, and renderings for Pedestrian-Focused Street and Trans- portation Connections from the CDA to the Downtown Waterfront 3) Economic/Market Analysis and Public Workshops: The nonprofit CCLR will complete approximately $100,000 in work including economic analysis and market feasibility of redevelopment options and three public workshops and community visioning exercises that will inform the City properties as well as the CDA. CCLR will also assist the City in engaging federal and state agencies on a long-term action plan. CCLR serves as U.S. Environmental Protection Agency's (EPA’s) Technical Assistance to Brownfield Communities provider in several states, including Washington. The agreement with CCLR has a not to exceed amount of $10,000 (10% City contribution). 4) Grant and Project Administration: The Ecology grant also includes up to $20,000 to reimburse City staff time for grant and project management. 5) Building Hazardous Materials: A firm was hired to conduct a building hazardous material investigation for asbestos at the two City owned buildings. The investigation is funded 100% by the Ecology grant. This work is currently proceeding under the Mayor’s authority; no Council action is required. Total costs for the investigation are estimated to be under $5,000. Removal of the asbestos materials at a later date is the responsibility of the City and not funded by the Ecology grant. The total cost for both the Ecology grant and the CCLR scope of work is about $300,000. The City’s contribution is staff time, mostly from Planning and Public Works, and approximately $10,000. Also reviewed were the relation of these tasks to the 2025 Comprehensive Plan, and the Marina Rede- velopment Plan, and the decision to demolish the two existing buildings. Based on their age and poor condition, it is recommended that both buildings be demolished in preparation for redevelopment. Re- moval of the asbestos will cost approximately $13,000. City staff can perform the building demolition in- house with a fee to Island County and a concrete recycle company for disposal of construction materials. A very rough estimate for construction material disposal fees is about $25,000. Regular Meeting Minutes May 21, 2024 Page 11 of 14 Mayor Wright confirmed no public comments had been received on these items. There were no com- ments from the Council. b. Professional Services Agreement with Farallon Consulting for Remedial Investigation / Feasibility Study of Pioneer Way Property, not to exceed $107,000. Motion: Councilmember Stucky moved to authorize the Mayor to sign the Professional Services Agree- ment with Farallon Consulting for Remedial Investigation/Feasibility Study of Pioneer Way Property, not to exceed $107,000. Councilmember Hoffmire seconded the motion. Councilmember Marshall provided his questions and comments. The vote on the motion passed unanimously. c. Professional Services Agreement with Dahlin Group for Integrated Planning for Central De- velopment Area and City Property, not to exceed $68,000. Motion: Councilmember Hoffmire moved to authorize the Mayor to sign the Professional Services Agreement with the Dahlin Group for Integrated Planning for Central Development Area and City Prop- erty, not to exceed $68,000. Councilmember Wiegenstein seconded the motion. Councilmember Mar- shall provided his questions and comments. The vote on the motion passed unanimously. d. Professional Services Agreement with the Center for Creative Land Recycling (CLLR) for Vi- sion to Action Plan, not to exceed $10,000. Motion: Councilmember Hoffmire moved to authorize the Mayor to sign the Professional Services Agreement with the Center for Creative Land Recycling (CLLR) for Vision to Action Plan, not to exceed $10,000. Councilmember Wiegenstein seconded the motion. Councilmembers Marshall, Wiegenstein and Hoffmire provided their respective questions and comments. The vote on the motion passed 3-2 with Councilmembers Stucky and Marshall opposed. e. WAIF Licensing Agreement Finance Manager Webster presented this item. This agreement allows Whidbey Animals' Improvement Foundation (WAIF) to administer the City's animal licensing code per established ordinances, provide community outreach, public education, and maintain a master database for animal licensing without a fee to the City. The public will receive a 30-day advance notification of this change via mailing, social media, and web- site messaging with a tentative start date of July 1. Both the City's Police and Finance Departments are supportive of this initiative. Key benefits of the contract: 1. WAIF will administer the animal licensing service on behalf of the City. 2. The City will purchase the animal tags each year. 3. The contract terms are concurrent with the WAIF Impound Agreement for a 4-year term. 4. WAIF to remit revenue and reconciliation reports weekly. 5. WAIF to maintain animal license database through Animal Shelter Manager. 6. ACO and OHPD will have access to the database on demand. 7. No increased cost to the City. 8. Increased convenience for the Public. 9. Increased compliance. Finance Manager Webster reviewed the 2023 license fees and penalties. She noted the agreement with WAIF will offer increased public access to licensing and potentially greater compliance. Regular Meeting Minutes May 21, 2024 Page 12 of 14 Mayor Wright confirmed no public comments had been received and noted no comments from those assembled. There were no comments from the Council. Motion: Councilmember Marshall moved to authorize the Mayor to sign the agreement with Whidbey Animals' Improvement Foundation (WAIF) for Animal Licensing Services. Councilmember Wiegenstein seconded the motion, which passed unanimously. 4. e. Resolution 24-18: Approving Department of Justice COPS Hiring Grant Application This item had been moved here from the consent agenda to allow for any discussion. Grants Adminis- trator Horn was present to answer any further questions from those discussed during the earlier items for Ordinance No, 1998 and Ordinance No. 2000. Mayor Wright confirmed no public comments had been received. Police Chief Slowik responded to Councilmembers Stucky and Marshall who provided their respective questions and comments. Motion: Councilmember Marshall moved to approve Resolution 24-18: Department of Justice COPS Hiring Grant Application. Councilmember Wiegenstein seconded the motion, which passed unani- mously. 8. ORDINANCES & RESOLUTIONS a. Ordinance No. 1997: Amending Chapter 2.50, OHMC relating to the Police Community Advisory Board (CAB) Executive Services Coordinator Finkle reviewed the item. The City has been working to improve trans- parency and consistency for advisory boards by providing public meeting videos, consistent templates for agendas and meeting minutes, and increased notifications of meetings with agenda details. On De- cember 5, 2023, the City Council adopted Ordinance No. 1984: Uniform Policies for Boards, Commis- sions, and Committees and updated a number of advisory board ordinances and bylaws. The Police Department recently reestablished the Community Advisory Board (CAB), and the proposed amendments will update the code provisions for CAB. Some of the key changes include the number of members, residency requirements, term limits, service requirements, ex-officio and student participation, and processes. Mayor Wright confirmed no public comments had been received and requested any public comments from those gathered. Hearing none, he requested Council comments. Councilmember Marshall provided his respective questions and comments. Motion: Councilmember Marshall moved to approve Ordinance No. 1997, repealing Oak Harbor Munic- ipal Code Chapter 2.50, “Community Police Advisory Board,” and adopting a new Chapter 2.50, “Police Community Advisory Board.”. Councilmember Wiegenstein seconded the motion, which passed unani- mously. b. Resolution 24:11: Adopting Revised Bylaws for Police Community Advisory Board (CAB) Executive Services Coordinator Finkle reviewed the item, which corresponded to Ordinance No. 1997. The bylaws for the CAB are being updated to be consistent with Ordinance No. 1997 and the adopted uniform policies for boards, commissions, and committees. Regular Meeting Minutes May 21, 2024 Page 13 of 14 Mayor Wright confirmed no public comments had been received and requested any public comments from those gathered. Hearing none, he requested Council comments. There were no questions or com- ments from the Council. Motion: Councilmember Marshall moved to approve Resolution 24-11: Amending the Bylaws of the Police Community Advisory Board. Councilmember Wiegenstein seconded the motion. The vote on the motion passed unanimously. 9. OTHER ITEMS FOR CONSIDERATION a. Appointment: Community Police Advisory Board, Position 5 – Martin Malloy Executive Services Coordinator Finkle explained three vacancies currently exist on the Community Po- lice Advisory Board. This appointment will fill Position 5 through December 31, 2025, consistent with the uniform policies for advisory boards and the CAB Bylaws, which were just approved by the Council. Mayor Wright confirmed no public comments had been received and requested any public comments from those gathered. There were no comments from the public or from the Council. Motion: Councilmember Wiegenstein moved to approve the mayoral appointment of Matin Malloy to Community Police Advisory Board Position 5 for the term May 21, 2024, through December 31, 2025. Councilmember Hoffmire seconded the motion, which passed unanimously. 10. REPORTS & DISCUSSION ITEMS a. Transportation Benefit District Annual Report Due to the lateness of the hour, the Transportation Benefit District Annual Report was moved to the next regular meeting by consensus of the Council. 11. EXECUTIVE SESSION None. Adjourn Motion: There being no further business, Mayor Wright called for a motion to adjourn. Councilmember Marshall moved to adjourn, seconded by Councilmember Wiegenstein. The motion was approved by a unanimous vote, therefore the meeting adjourned at 10:17 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes May 21, 2024 Page 14 of 14