City Council

Oak Harbor City Council Regular Meeting Minutes August 13, 2024 This was both a physical meeting location and a virtual meeting. Meeting was viewable 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 Pro Tempore Hizon called the meeting to order at 5:30 p.m. She included the acknowledgement that the meeting was being held on the ances- tral lands of the Coast Salish people and paid respect to those past and present. Invocation – Pastor Kevin Scott, Seventh Day Adventist Church. Pledge of Allegiance – Led by Councilmember Marshall ROLL CALL City Council Present: Staff Present/Videoconference Mayor Ronnie Wright - absent Deputy City Administrator David Goldman Mayor Pro Tem Tara Hizon Development Services Director David Kuhl Councilmember Jim Woessner Parks and Recreation Director Brian Smith Councilmember Bryan Stucky Police Chief Tony Slowik Councilmember Shane Hoffmire Police Captain Kevin Barton Councilmember Eric Marshall Interim Fire Chief Gordon Olson Councilmember Christopher Wiegenstein Fire Chief Travis Anderson Councilmember Barbara Armes City Engineer Alex Warner Senior Planner Ray Lindenburg Human Resources Director Emma House Finance Manager Chas Webster Communications Officer Magi Aguilar Executive Services Coordinator Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC Also present were members of the Oak Harbor Fire De- partment EXCUSE ABSENT COUNCILMEMBERS Mayor Pro Tempore Hizon welcomed all in attendance and noted she was presiding at the request of Mayor Wright. She acknowledged all members of the Council were present. 1. APPROVAL OF AGENDA Mayor Pro Tem Hizon requested changes to the agenda. Regular Meeting Minutes August 13, 2024 Page 1 of 10 Councilmember Stucky requested to move agenda item 10.a. Salary Commission Report and Order to prior to agenda item, 6.b. Ordinance No. 2007: Amendment No. 8 to the 2023-2024 Biennial Budget Hearing no other changes, Mayor Pro Tem Hizon called for a motion to approve the agenda as amended. Motion: Mayor Pro Tem Hizon moved to approve the agenda as amended, hearing no objections, the motion carried by unanimous consent. 2. PRESENTATIONS Proclamations – September 2024 as Service Dog Awareness Month At Mayor Pro Tem Hizon’s request, Councilmember Wiegenstein read the proclamation. Honors & Recognitions – Introduction and Swearing in of Fire Chief Travis Anderson. Mayor Pro Tem Hizon thanked Interim Chief Olson for providing calm, consistent, and healing guidance to the Oak Harbor Fire Department and to the City. Interim Fire Chief Gordon Olson noted it has been his pleasure to serve. He introduced incoming Chief Anderson, noting his nearly 30 years of experience. Mayor Pro Tem Hizon welcomed and swore in Chief Anderson. Chief Anderson stated he appreciated the trust of the Mayor and Council to lead and carry on the mission and values of the Oak Harbor Fire Department, its amazing people, and the Oak Harbor community. Mayor Pro Tem Hizon also thanked the many members of the Fire Department who were in attendance. Community Presentations - None. 3. CITIZEN COMMENT PERIOD Mayor Pro Tem Hizon 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 remain- ing 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 many new comments from the public since the last regular meeting, all of which were regarding the public hearing item for proposed Ordinance 1999. All of the submitted comments were shared with the Mayor and the Council. Mayor Pro Tem Hizon noted the Council would take public comment on that item and display those comments when coming to it in the agenda. Mayor Pro Tem Hizon asked if there were any members of the public present who wished to speak to any other items not listed on the agenda or on the consent agenda? If so, the Clerk will call your name in the order in which you signed in to speak. Please step forward to the microphone and state your name and address. Please limit your comments to three minutes. Hearing no one with a desire to address the Council, on non-public hearing items, the public comment period was closed. 4. CONSENT AGENDA Regular Meeting Minutes August 13, 2024 Page 2 of 10 Consent Items a. Approval of Minutes: Special City Council Meeting – Executive Session of July 9, 2024, Reg- ular City Council Meeting of July 9, 2024, City Council Workshop of July 24, 2024, and City Council Special Workshop of July 25, 2024 b. Approval of Payroll and Accounts Payable Vouchers c. Memorandum of Agreement with U.S. Navy for Gateway Park d. Approval of Lodging Tax Advisory Committee Appointment: Susan Void Simmons e. Approval of Lodging Tax Advisory Committee Appointment: Dannah McCullough Mayor Pro Tem Hizon called for any changes to the consent agenda, and hearing none, noted it was approved by unanimous consent. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor’s Comments Mayor Pro Tem Hizon provided the following comments on behalf of Mayor Wright: • Staff Retirements: The City appreciates these dedicated employees who recently retired: Storm Drain/Wastewater Collection II: Al Baza, 40 yrs. Public Works Operations Manager: Steve Bebee, 36 yrs. Storm Drain/Wastewater Collection Operations Forman: Keith Jameson, 26 yrs. Solid Waste II: Aldon Boone, 22 yrs. Congratulations and thank you for your service. • Comprehensive Safety Action Plan Survey: The City is a member of the Island Regional Transporta- tion Planning Organization (IRTPO). IRTPO is committed to the goal of reducing the number of traffic deaths and serious injuries to zero by the year 2045. They are developing a Comprehensive Safety Action Plan and request the public’s help. Please complete their survey by contacting IRTPO or scanning the QR code here. • Oak Harbor Police Department Community Survey: Please complete our survey on public safety and law enforcement. Your answers will help OHPD to make decisions that affect our community. See the City’s website or scan the QR code shown. • Boards & Committees: The City has openings on several Boards and Commissions. Please visit our website for more details. • Upcoming Community Events: Upcoming events are displayed on screen. Summitt Assistance Dogs Associate Director Allison Paul arrived at the meeting and thanked Mayor Pro Tem Hizon and the Council for the proclamation and the opportunity to speak. She noted they are build- ing a new campus north of Jones Road on Whidbey Island and provide service dogs at no charge to those in need. Ms. Paul explained they welcome volunteers. b. Councilmembers Councilmember Woessner recognized those appointed to the City’s advisory boards and commissions. He encouraged others to apply for any openings, noting it was a great way to get involved in the com- munity. He also thanked Summit Assistance Dogs for their work. Regular Meeting Minutes August 13, 2024 Page 3 of 10 6. PUBLIC HEARINGS & MEETINGS a. Continuation of Public Hearing – Ordinance No. 1999: Sale of City Real Property Mayor Pro Tem Hizon noted this was a continuation of the public hearing from July 9, 2024. She intro- duced Senior Planner Ray Lindenburg to present background and other information. Senior Planner Lindenburg provided a background review of the proposed ordinance. A presentation was first given to City Council at their workshop on April 24. Following this, a presentation was given to the Park and Recreation Advisory Commission on May 6. The item was introduced as a standalone ordinance revision designed to streamline the process of transfer of park property on May 21. Staff requested a continuance on July 9 to address public comments and Council discussion. Staff presented options for code amendment at the Council workshop on July 24, with the public hearing continued to today. The ordinance presented is a culmination of all discussions and updates. Proposed change: Senior Planner Lindenburg explained the proposed language revision was spurred by a pre-application review of a project located adjacent to Hal Ramaley Memorial Park. The revised project consisted of a hotel and associated site improvements and included a boundary line adjustment to accommodate park- ing and access routes. He provided a map graphic showing the present layout and present easements in existence. Discussion Points: Hotel-specific project. Comprehensive planning and downtown development Hotel or similar project to bring visitors and potential customers to downtown businesses Economic development A hotel/conference center project will kickstart revitalization of downtown area similar to projects in Anacortes Original Options for Code Change: 1. Continue forward with removal of election requirement 2. 1:1 land swap 3. Require an election over certain size 4. Value proposition 5. Make no change Council Preferred Options derived following discussion at the July 24 Council Workshop: 1:1 land swap Require an election over certain size Value proposition Option 2 – 1:1 Land Swap Public concern regarding overall park area loss New section: include a requirement that any exchange include a one-to-one ratio of land or greater Total area will ensure overall land to be equivalent or greater Protection built into review to ensure value is equal or greater Must be an appropriate replacement based on needs and location Subject to a development agreement Regular Meeting Minutes August 13, 2024 Page 4 of 10 Option 3 – Size Limitations Draft included a requirement to have an election for any sale over 10,000 square feet Public comment included a reference to park acreage Staff researched smallest park size to ensure that no park would simply be sold without public input Smallest park size is 2,699 square feet Staff determined that the simple sale of a park, with no benefit offered through either a 1:1 swap or a beneficial value agreement, should require an election no matter the size Option 4 – Value Proposition Ordinance is written to cover all potential future needs For the hotel specific project, a developer offered to remodel a city park in exchange for land Staff believes that improving parks without budgeting money is a potential benefit Benefit of exchanging property without including a one-to-one ratio should be of higher value 150% valuation is intended to mitigate Additional Considerations Beyond Hal Ramaley Memorial Park Necessary public purposes Development agreement process Election uncertainties Existing guardrails Council decision-making Senior Planner Lindenburg noted in regard to the above considerations that economic development is important and affects and benefits everyone. It would be difficult to go through the process with a devel- oper and determine negotiations, only to have to send that out to an election process. The above guard- rails will protect the City and provide for public inclusion, whereas an election would actually limit public input to those within the city limits. Following the staff presentation, Mayor Pro Tem Hizon continued the public hearing. She noted before sharing the many comments received online or by email, she would invite the public who were present to share their thoughts. She noted that if a citizen had provided a written comment, but wished to speak in person, the Council would accept the comment but would skip over the person’s submitted comment when staff displayed those received. The City Clerk will call your name in the order in which you signed in to speak. Please step forward to the microphone and state your name and address. Please limit your comments to three minutes. The clerk will be using a timer. Mayor Pro Tem Hizon noted that Council Rules of Procedure 6.3d Citizen Comment Period states: “a maximum of three minutes per speaker for 15 minutes.” The Council may extend the Citizen Comment Period by majority vote. 1. Larry Eaton, 429 S.W. Dyer, Oak Harbor, a former councilmember when the election provision was created, cited concerns over the proposed change. 2. Laura Renninger, 730 S.E. Maylor Street, Oak Harbor, opposing the proposed change. citing concerns regarding transparency and shortcuts for developments and precedent setting. 3. Kyle Renninger, 961 NE Pennington Loop, Coupeville, formerly of Oak Harbor, opposing any changes that removed any election provision for any park property. 4. Amanda Bullis, 1332 Newman Road, Freeland, representing Whidbey Environmental Action Net- work., opposing the proposed change and circumventing public process, and encouraging de- velopment of a comprehensive strategy for parks as part of the comprehensive planning process. Regular Meeting Minutes August 13, 2024 Page 5 of 10  5. Kathy Chalfant, 3071 Angela Lane, Oak Harbor, opposing the proposed change, and questioning the adherence to the original code intent of nec3essary public purpose. 6. Kathy Harbour, 651 S.E. Bayshore Drive, Oak Harbor, opposing the proposed change and in- quiring who would determine the value of property, as well as clarifying the size of parks pro- tected or not protected. 7. Duncan Chalfant, 3071 Angela Lane, Oak harbor, opposing the proposed ordinance and asking the council to wait for an overall parks plan and review, followed by additional public hearings. 8. Brian Giles, 2019 Briarwood, Oak Harbor, noting the tourism and economic activity in Coupeville and the slowed traffic. He encouraged the council to vote. Councilmember Stucky moved to extend the public comment period, seconded by Councilmember Mar- shall. The vote on the extension passed unanimously., noting 9. Melissa Duffy, 665 SE Glencoe Street, Oak Harbor, noted this area had been the home of the Coast Salish People for over 10,000 years, and criticized improper handling of archeological remains in years past and questioning if enough consideration had been given to development of the site, as well as concerns about traffic, trash, and disappearing social services for veterans. Mayor Pro Tem Hizon noted those comments sent in advance of this meeting were displayed on screen. At the request of the City Council, they were divided into comments received from those living outside the city limits and those living inside the city limits. These comments are categorized as in favor of or opposing the proposed ordinance. A complete listing of all comments was displayed and will be attached to the meeting record. 1. Sheryl Norris, Clinton, opposing the proposed ordinance. 2. Beth Hefferman, Freeland, opposing the proposed ordinance. 3. Robert Kenny and Julia Glover, Clinton, opposing the proposed ordinance. 4. Janet Mikus, opposing the proposed ordinance. 5. Lee Roof and Irene Puhr, Island County opposing the proposed ordinance. 6. David Felilce, Clinton, opposing the proposed ordinance 7. Steve Erickson, Litigation Coordinator, Whidbey Environmental Action Network, Langley, op- posing the prosed ordinance. 8. Gregg Lanza, Wildwood Farm, Island County, proposing adoption of a 1 to 1 land swap leave the requirement to have an election if park lands are to be sold outright or traded in a less favor- able ratio to the City. 9. Charles Frosolone, Island County, opposing the proposed ordinance. 10. Richard Norman, Island County, opposing the proposed ordinance. 11. Mary Fiddler, Island County, opposing the proposed ordinance. 12. Cynthia Campbell, Clinton, opposing the proposed ordinance. 13. Cynthia Kaul, Langley, opposing the proposed ordinance. 14. Marshall F. Goldberg, M.D., Island County, opposing the proposed ordinance. 15. Richard and Carolyn Bischoff, Island County, opposing the proposed ordinance. 16. Stephan A. Schwartz, Langley, opposing the proposed ordinance. 17. Monica and Terry Cays, Island County, opposing the proposed ordinance. 18. Margaret Livermore, Island County, supporting the proposed ordinance. 19. Laura Medbury, Island County, opposing the proposed ordinance. 20. Bret Medbury, Island County, opposing the proposed ordinance. 21. Cynthia Mason, Island County, supporting the proposed ordinance. 22. Stephen and Beth Kelley, Island County, opposing the proposed ordinance. 23. Judy Martinsen, Island County, opposing the proposed ordinance. 24. Kristen Swenson, Island County, opposing the proposed ordinance. 25. Perry Yaw, Island County, opposing the proposed ordinance. 26. Laura S. Ledesky, Oak Harbor, opposing the proposed ordinance. Regular Meeting Minutes August 13, 2024 Page 6 of 10  27. Terry Ledesky, Oak Harbor, opposing the proposed ordinance. 28. Betty Brewer, Oak Harbor, opposing the proposed ordinance. 29. Paul F. Brewer, Oak Harbor, opposing the proposed ordinance. 30. Sally Maylor, Oak Harbor, opposing the proposed ordinance. 31. Mitchell and Ardith Bell-Bshara, Oak Harbor, opposing the proposed ordinance. 32. Kristi Jensen, Oak Harbor, opposing the proposed ordinance. 33. Pam Kubasta, Oak Harbor, opposing the proposed ordinance. 34. Susan (Sue) Karahalios, Oak Harbor, opposing the proposed ordinance. 35. Dina Koehn, Dina’s Great Finds, Oak Harbor, supporting the proposed ordinance. 36. John Waide and Cheryl Kraft, Oak Harbor, opposing the proposed ordinance. 37. Jeffrey Bauer, Oak Harbor, opposing the proposed ordinance. 38. James P. Marrow, Oak Harbor, supporting a one for one real estate land swap of up to 10,000 square feet while keeping the requirement for a public vote of a public election for City parkland sold outright or exchanged with a less favorable ratio for the City. 39. Kim Schaaf, Oak Harbor, asking for clarification and opposing the proposed ordinance. 40. Chris Johnson, The Casual House, Oak Harbor, encouraging the Oak Harbor City Council to adopt a 1:1 land swap option for up to 10,000 square feet and leave the requirement to have an election if park lands are to be sold outright or traded in a less favorable ratio to the city. 41. Frances Stevens, Oak Harbor, opposing the proposed ordinance. 42. Mercedes Fulwiler, Barrington’s Irish Bar and Grill, Oak Harbor, encouraging the Oak Harbor City Council to amend Ordinance 1999 to include a park lands 1:1 land swap for up to 10,000 square feet of park land without requiring an election but continue to require an election for selling or disposing of designate d park lands. 43. Wesley Ballinger, Oak Harbor, opposing the proposed ordinance. 44. Laura Moore, Oak Harbor, opposing the proposed ordinance. Hearing no additional public comments, Mayor Pro Tem closed the public hearing and called for a brief recess. The Council recessed from 7:01 p.m. to 7:12. p.m. Councilmembers Stucky, Woessner, Hoffmire, Marshall, Wiegenstein, Armes, and Mayor Pro Tem Hi- zon provided their respective questions and comments. Senior Planner Lindenberg provided information in response to questions about the proposed ordinance and those changes included for consideration. Motion: Mayor Pro Tem Hizon moved to approve Ordinance No. 1999, adopting changes to Oak Harbor Municipal Code (OHMC) 1.30.010. Councilmember Hoffmire seconded the motion. Councilmember Stucky provided additional comments. The vote on the motion passed 6-1 with Councilmember Stucky opposed. As noted earlier in the meeting, at the request of the Council, item 10. A. was moved in the agenda to this position prior to 6.b. 10. Reports & Discussion Items a. Notice: Salary Commission Report and Order City Attorney Hillary Evans provided a summary of the item. Staff and Attorney Evans researched the question of the Mayor’s salary. The City of Oak Harbor maintains a Salary Commission to set the salary of both the Mayor and the City Councilmembers. Both the Commissioners and the Mayor’s salaries are represented in the City’s Salary Schedule as full-time positions. She noted while the prior mayor worked only part-time, the position was still allocated as a full-time equivalent position. The Mayor, as CEO, in a strong mayor city, is the only one who can dictate the number of hours he or she chooses to work. Regular Meeting Minutes August 13, 2024 Page 7 of 10 The body that established the Mayor’s salary, commensurate with the hours worked, is the Salary Com- mission. The Mayor submitted a letter to the Salary Commission outlining the full-time hours he was working and requesting their determination on what he should be paid. The Salary Commission consid- ered this and examined comparable salaries to other mayors and other cities, provided by the City At- torney, and determined to increase his salary. The Salary Commission has the authority to make that decision, following which, staff has included it in the budget. The Salary Commission’s determination is effective without further action by the Council, per City Ordinance. The Council has effectively delegated all their salary authority for the Mayor and Council positions to the Salary Commission. City Attorney Evans also noted this was included as a budget adjustment and not a budget amendment and was not subject to vote as part of Ordinance No. 2007. Mayor Pro Tem Hizon confirmed no public comments were received on this item. Councilmembers and Marshall provided comments. Salary Commission Chair Tiffany Scribner noted she and other members of the Salary Commission were present to answer any questions as well. Councilmembers Stucky, Woessner, and Mayor Pro Tem Hizon also provided comments and asked for clarifications from Attorney Evans. Due to the hour, Mayor Pro Tem Hizon requested a motion to suspend the Council Rules of Procedure and extend the meeting past 9:00 p.m. Councilmember Woessner moved to suspend the Council Rules of Procedure and extend the meeting to 10:00 p.m. The motion was seconded by Councilmember Wiegenstein and passed unanimously. Discussion continued with Salary Commission Chair Scribner, Deputy City Administrator Goldman and Attorney Evans responding to additional questions. Chair Scribner noted board and commission mem- bers are appointed by the Mayor, subject to approval by the City Council. Mayor Pro Tem Hizon and Councilmembers Hoffmire, Woessner, Stucky, and Marshall provided addi- tional questions and comments. Human Resources Director House also provided information on the recording and posting of Salary Commission meetings. Mayor Pro Tem Hizon called for a five-minute recess. The Council recessed from 9:33 p.m. to 9:38 p.m. b. Ordinance No. 2007: Amendment No. 8 to the 2023-2024 Biennial Budget Introduce Deputy City Administrator David Goldman presented the budget amendment. He explained this was mainly a mid-year true-up budget amendment and adjustments that took into account City Council actions and annual grants that have occurred year to date. Budget amendments require Council approval, as opposed to budget adjustments, which do not, and are provided for information and trans- parency. Budget Amendments: Previous City Council Approved Items: $24,000 use of EDR Reserve for Island County CEDS. $25,000 for materials testing services. New items - Items in this section may have been discussed during City Council meetings/workshops Regular Meeting Minutes August 13, 2024 Page 8 of 10 $12,300 use of EDR Reserve for Economic Development Coordinator through end of 2024. Input and direction requested for City’s economic development direction. $31,000 for grant funded Police body worn cameras. $49,300 use of Fire Levy Lid Lift funds to reclassify one paid-on-call firefighter (0.2 FTE) to one full-time firefighter (1.0 FTE). Development Services Director Kuhl joined Deputy City Administrator Goldman in responding to ques- tions from the Council. Budget Adjustments: Previous City Council Approved Items: $42,000 for first half of 2024 governmental relations consultant expenses. $172,000 for increased indigent defense costs. $40,000 for Island County required feasibility study for the purchase of 3 parcels adjacent to the Freund Marsh. $25,000 for building inspection services. $28,200 for repair of the fire training tower. Previous City Council Discussed Items: $51,200 to fund Salary Commission approved salary change for the Mayor’s position to be full-time. Per OHMC 2.02.040(b), salary established by the Commission shall become effective and incorporated in the city budget without further action of the City Council or the Commission. Deputy City Administrator Goldman noted that discussion of forms of government and of the mayor’s position as part-time for full time had been included in prior Council workshops and retreat meetings. Mixed Amendments and Adjustments: Previous City Council Discussed Items: $22,000 of Creative Arts Fund for arts activities. $7,000 adjustment to remain in Creative Arts Fund. $15,000 amendment to transfer to Parks Department. Deputy City Administrator Goldman noted these items were discussed during t workshop but were not technically approved as a motion. Deputy City Administrator Goldman provided a fund balance overview and a recommended motion. Mayor Pro Tem Hizon opened the public hearing. She confirmed no public comments had been received on this item. Mayor Pro Tem Hizon opened the floor for public comment from those in attendance. Hear- ing no one with a desire to address the Council, the public hearing was closed. Councilmembers Woessner, Hoffmire, Stucky, Marshall, and Mayor Pro Tem Hizon provided their re- spective questions and comments. Mayor Pro Tem requested a motion to further extend the meeting. Councilmember Marshall moved to extend the meeting to 10:30 p.m. Councilmember Wiegenstein seconded the motion, which passed unanimously. Following discussion, Councilmember Wiegenstein moved to table the item and continue the public hearing to the next Council meeting of August 20, 2024. Councilmember Hoffmire seconded the motion, which passed unanimously. Regular Meeting Minutes August 13, 2024 Page 9 of 10 7. ORDINANCES & RESOLUTIONS a. None 8. CONTRACT & AGREEMENTS a. None 9. OTHER ITEMS FOR CONSIDERATION a. Kinnebrew Arts Collection Placement Parks and Recreation Director Brian Smith introduced Arts Commissioner Karla Freund to present the item. Arts Commission member Cynthia Mason was also in attendance and responded to questions. The City Council approved acquisition of four pieces by the artist in 2018, with two of those pieces, Temple Blue and Meditation installed in 2020. The Arts Commission recommendation is to install Gate of Inspiration in an area of Windjammer Park in 2024 and the Three Totems at Sumner Park in 2025. The cost for installation of these is included in the budget. Due to the hour, Councilmember Stucky moved to further extend the meeting to 10:45 p.m. The motion was seconded by Councilmember Woessner and passed unanimously. Councilmembers Stucky, Woessner, Hoffmire, and Marshall provided their respective questions and comments. Councilmember Wiegenstein moved to approve the installation and placement of the Kinnebrew collec- tion in the proposed locations as recommended by the Arts Commission. Councilmember Hoffmire se- conded the motion, which passed unanimously. ADJOURN There being no further business, Councilmember Wiegenstein moved to adjourn the meeting, seconded by Councilmember Woessner. The vote on the motion was unanimous, therefore the meeting was ad- journed at 10:41 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes August 13, 2024 Page 10 of 10