City Council

Oak Harbor City Council Regular Meeting Minutes December 3, 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 Wright called the meeting to order at 5:30 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 – Pastor Kevin Scott, Seventh Day Adventist Church. Pledge of Allegiance – Led by Mayor Wright ROLL CALL City Council Present: Staff Present/Videoconference Mayor Ronnie Wright City Administrator Sabrina Combs Mayor Pro Tem Tara Hizon Deputy City Administrator David Goldman Councilmember Jim Woessner Development Services Director David Kuhl Councilmember Bryan Stucky Public Works Director Steve Schuller Councilmember Eric Marshall Police Chief Tony Slowik Councilmember Christopher Wiegenstein Police Captain Kevin Barton Councilmember Barbara Armes Fire Chief Travis Anderson Council Position No. 5 - Vacant Principal Planner Cac Kamak Central Services Manager Sandra Place Grants Administrator Wendy Horn Communications Officer Magi Aguilar 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 greeted all in attendance. He noted all members of the Council were present. 1. APPROVAL OF AGENDA Mayor Wright noted staff had requested to move item 8.a. Bid Award for Construction of Fire Station No. 82 to follow the consent agenda. He requested any other changes to the agenda. Hearing none, Mayor Pro Tem Hizon moved to approve the agenda as amended. Councilmember Marshall seconded the motion, which passed unanimously. 2. PRESENTATIONS Proclamations – None. Honors & Recognitions – None. Regular Meeting Minutes December 3, 2024 Page 1 of 10 Community Presentations – Boy Scout Troop 4059 – Holiday Wreath Presentation. Scoutmaster Ricky Ford and members of Boy Scout Troop 4059 presented a holiday evergreen wreath to the Mayor and Council. Mayor Wright thanked the troop for their presentation, which is an annual tradition. The Mayor and Council posed for photos with the troop. The wreath will hang in City Hall. 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 or from a non-verifiable address will be shared with the Mayor and Council but will not be displayed. Comments on public hearing items will be taken during the public hearings portion of the meeting. The City received two new public comments since the last regular meeting, one from Laura Renninger, President of the Oak Harbor Garry Oak Society, regarding the recently passed Ordinance No. 2009 – Creation of a Land Action Committee, and another from Amber Burgess of Oak Harbor regarding her concern about homelessness, violence, and drug activity in the community. Both comments were dis- played. Mayor Wright 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. He noted the Clerk would call on speakers in the order in which they signed in to speak. Mayor Wright asked speakers to please step forward to the microphone and state their name and address, and to please limit comments to three minutes. 1. Melissa York stated she was an Island County resident living outside the City limits but did not wish to give her address due to personal concerns. Ms. York voiced her concern over the public conversation meeting regarding Spin Café being held tomorrow evening, December 4, 2024, at City Hall, as she believed the venue was not large enough to allow room for all who would attend. She noted the Council needed to be aware of how to deal with hostile comments and environments and suggested the meeting be moved elsewhere. 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: City Council Meeting of November 19, 2024, and City Council Work- shop of November 20, 2024 b. Approval of Payroll and Accounts Payable Vouchers c. Approval of Assistance to Firefighters Grant Application d. Approving City Council Calendar for 2025 Mayor Wright called for any changes to the consent agenda. Hearing none he called for a motion for approval. Mayor Pro Tem Hizon moved to approve the consent agenda. Councilmember Wiegenstein seconded the motion, which passed unanimously. Regular Meeting Minutes December 3, 2024 Page 2 of 10 8. CONTRACT & AGREEMENTS a. Bid Award for Construction of Fire Station No. 82 This item was moved forward in the meeting at the request of City staff. Fire Chief Anderson and Central Services Manager Place reviewed the bid award process for the new fire station for the Council The project includes general construction, including plumbing, mechanical, HVAC, electrical, and site work. Staff began soliciting formal bids for this project on October 2, 2024, utilizing Builders Exchange of Washington, the Whidbey News-Times, the Seattle Daily Journal of Commerce, and the city’s web- site. A mandatory pre-bid conference and site walk were held on October 9, 2024. Eleven general contrac- tors attended. Staff received four bids by the October 28, 2024, deadline. The bid amounts submitted were: Contractor Bid Amount (does not include tax) Valdez Construction, Inc. $4,369,757.00 HB Hansen Construction, Inc. $4,519,000.00 Hi Mark Construction, Inc. $4,696,302.00 Colacurcio Brothers $4,801,000.00 Staff reviewed the bids and determined that Valdez Construction is the apparent lowest responsive and responsible bidder. Their bid amount is $4,369,757.00 plus tax equaling $4,763,035.13. Contingency, if needed, at 10%, is $476,303.51. The total amount not to exceed for the project is $5,239,338.64. Staff researched and reported on other projects completed by Valdez Construction including the South Whidbey Fire Station. This project will be funded by the Unlimited Tax General Obligation bond approved by the voters during the 2022 General Election. Mayor Wright confirmed no public comments had been received and called on those present for com- ments. Hearing no public comments, he called on the Council for their comments. Councilmembers Stucky, Marshall, Woessner and Mayor Pro Tem Hizon provided their respective questions and comments. Motion: Mayor Pro Tem Hizon moved to award the bid for Fire Station No. 82 to Valdez Construction, Inc. for a total amount not to exceed of $5,239,338.64. Councilmember Marshall seconded the motion, which passed unanimously. 5. MAYOR & COUNCIL COMMENTS a. Mayor’s Comments Mayor Wright provided the following comments: • City Council Vacancy – At out November 19th Council meeting, Councilmember Hoffmire announced his resignation effective November 30th. The City Council is accepting applications to fill the vacancy for Council Position No. 5. Regular Meeting Minutes December 3, 2024 Page 3 of 10  Per the schedule approved by the Council, applications must be received by 4:30 p.m. on Thursday, December 5th. Applications should be addressed to our City Clerk, Julie Nester. The application form and schedule is available on our website. The Council will hold a special meeting on December 10th to review the applications received which meet the residency and registered voter criteria and will create a short list of applicants to interview. Interviews will take place during the Council meeting on December 17th, and an appointment is anticipated at that meeting. The person appointed to fill Council Position No. 5 will serve until the certification of the November 2025 election, at which time whomever is elected to the position, will take over. • Spin Café Public Meeting: The City will host a public conversation and presentation regarding Spin Café tomorrow evening from 6:00 p.m. to 7:30 p.m. here in Council Chambers. This public conver- sation is being held to provide transparency and encourage an open discussion. • City Office Closures – City offices will also be closed on Wednesday, December 25th in observance of Christmas Day, and on Wednesday, January 1st in observance of New Year’s Day. Garbage col- lection will move to the next day for both closures. • Upcoming Events: There are many fun and festive events happening in our area, some of which are displayed onscreen. b. Councilmembers Mayor Pro Tem Hizon and Councilmembers Woessner and Armes provided their respective comments. They reviewed the venue for the Spin Café public conversation meeting with staff, noting that holding the meeting in Council Chambers allowed for it to be filmed and live-streamed. Other City facilities are not equipped for filming. Mayor Wright noted a plan for providing more space in Chambers was in place. He inquired about the feasibility of moving the meeting to a nearby church. City Administrator Combs and Chief Slowik will make inquiries regarding filming and live-streaming capabilities in case it is deter- mined that a move to another location is needed. Councilmember Woessner noted this public meeting was intended as a start to a continuing conversa- tion in which public input was imperative. He also thanked Troop 4059, of which he was a member growing up in Oak Harbor, for continuing the tradition of presenting a wreath to the City. Councilmember Armes thanked Mayor Wright for providing a great State of the City address to the Chamber of Commerce at the Center, noting it was well received. 6. PUBLIC HEARINGS & MEETINGS - None 7. ORDINANCES & RESOLUTIONS a. Ordinance No. 2012: Amending Oak Harbor Municipal Code 10.12 School Safety Zones Police Chief Slowik presented the proposed ordinance, which would repeal Oak Harbor Municipal Code (OHMC) sections 10.12.150 and 10.12.170 relating to parking; and amend section 10.12.010. The pro- posed ordinance was brought forward by Oak Harbor resident Nicole Tesch, who was present this evening. Chief Slowik explained the Oak Harbor Municipal Code has two codes (OHMC 10.12.150 and 10.12.170) prohibiting parking areas around Oak Harbor High School. Parking permits allowed under OHMC 10.12.170 have not been issued for over twenty years. Regular Meeting Minutes December 3, 2024 Page 4 of 10 There are ten K-12 schools within Oak Harbor's City limits. All schools would benefit from a consistent school safety zone ordinance. A single school safety zone ordinance allows for future growth, provides clearing messaging to the public, and ensures consistency with traffic engineering, education, and en- forcement. Washington Administrative Code (WAC) 308-330-265, Revised Code of Washington (RCW) 46.90.270, and OHMC 10.12.050 give the City authority to designate restricted parking areas within City limits. The fiscal impact will be a one-time cost to produce and install signage. Chief Slowik noted the proposed ordinance had been reviewed with the City Attorney, the City Engi- neer, members of the police department, and local citizens. Having consistent language, rules, and signage for all school zones, public and private, is beneficial. Chief Slowik provided a map showing an overlay of areas with school zoning in Oak Harbor. Mayor Wright confirmed no public comments had been received on the proposed ordinance amend- ment and invited comments from those present. 1. Nicole Tesch of Oak Harbor addressed the Council. She thanked Chief Slowik, the Oak Harbor Police Department and the City Council for taking her ideas on this code change to the next level. If approved, she noted the ordinance would allow for safe pick-up and drop off of students, no derelict vehicles, and improved sightlines. Councilmembers Woessner, Stucky and Marshall provided their respective questions and comments. Chief Slowik explained that City Engineer, Alex Warner, serves as the City’s traffic engineer and that any access questions would be evaluated with many layers of oversight prior to the installation of sign- age. Motion: Councilmember Woessner moved to approve Ordinance No. 2012, repealing Oak Harbor Mu- nicipal Code sections 10.12.150 and 10.12.170 relating to parking; and amending Oak Harbor Munici- pal Code section 10.12.010. Mayor Pro Tem Hizon seconded the motion, which passed unanimously. b. Ordinance No. 2013: Adopting Chapter 10.30 of the Oak Harbor Municipal Code relating to the use of Wheeled All-Terrain Vehicles on City streets Police Chief Slowik presented the proposed ordinance. He noted the Oak Harbor Police Department has been approached by citizens requesting use of Wheeled All-Terrain Vehicles (WATVs) on City streets as an expanded transportation option. Chapter 46.09 of the Revised Code of Washington (RCW) authorizes cities to approve the operation of wheeled all-terrain vehicles (WATVs) upon local public roadways provided such regulations are not less stringent than the provisions of Chapter 46.09.455 RCW. The RCW requires cities and towns of to adopt such an ordinance to authorize the use of WATVs on roadways. The proposed ordinance was reviewed with the City Attorney, City engineering, and police officers, as well as reviewed with ordi- nances in place in comparable jurisdictions. Chief Slowik provided additional information regarding WATV’s and their use. A WATV is defined as: A motorized, non-highway vehicle with handlebars: • That is 50 inches or less in width • Have a seat height of at least 20 inches • Weighs less than 1,500 pounds • Has 4 tires with diameters of 30 inches or less A utility-type vehicle designed for, and capable of, traveling over designated roads that: • Has 4 or more low-pressure tires of 20 PSI or less Regular Meeting Minutes December 3, 2024 Page 5 of 10 • Is less than 74 inches wide • Weighs less than 2,000 pounds • Has a wheelbase of 110 inches or less • Meets one or more of the following: • Is at least 50 inches wide • Weighs at least 900 pounds • Has a wheelbase of over 61 inches Chief Slowik also reviewed what is NOT a WATV: Dune Buggies Snowmobiles Gold Carts WATV Operator Requirements: At least 18 years of age Have a valid driver’s license Have a vehicle registration for the WATV Have proof of insurance for the WATV WATV Safety Equipment Requirements: Seat Belts and Roll Bar Helmet or Windshield Headlights and Tail Lamp Mirror and Turn Signals Roadway use is allowed on City streets at a speed of 35 mph or less. WATVs are not allowed on State Route 20, although drivers may cross the highway. Currently, WATVs are not allowed on Island County roads outside of the City. If approved, staff will create a map showing the allowed areas and will post it to the City’s website. Mayor Wright confirmed no public comments had been received for this item and invited comment from those in attendance. Hearing none, he turned to the Council for their comments. Mayor Pro Tem Hizon and Councilmembers Marshall, Stucky, Woessner, Armes, and Wiegenstein provided their respective questions and comments. Motion: Councilmember Wiegenstein moved to approve Ordinance No. 2013: Adopting Chapter 10.30 of the Oak Harbor Municipal Code, relating to Wheeled All-Terrain Vehicles. Councilmember Stucky seconded the motion, which passed by a vote of 5-1, with Councilmember Armes opposed. 8. CONTRACT & AGREEMENTS a. Bid Award for Construction of Fire Station No. 82 - this item was moved forward in the agenda b. Professional Services Agreement with John Galt for Hearing Officer Services for the Oak Harbor Police Department. City Administrator Combs and Police Chief Slowik reviewed the Agreement. The Hearing Officer oversees personal property forfeiture cases for the Oak Harbor Police Department. Regular Meeting Minutes December 3, 2024 Page 6 of 10 Mr. Galt’s original contract was initiated in 2014 and was later renewed via Amendment No. 1 for the same terms in 2015-1017, and Amendment No. 2 for 2018-2020. The contract was last renewed by the City Council on December 14, 2021, for a term of January 1, 2022 to December 31, 2024. The services for this contract may only be necessary once per year or less and are paid on a per event basis. Mr. Galt has indicated he would like to continue to provide this service to the City of Oak Harbor Police Department as he does for other jurisdictions. Chief Slowik noted he and City Attorney Evans have reviewed the contract, which, if approved, will commence on January 1, 2025 through December 31, 2026. Mayor Wright confirmed no public comments had been received and invited anyone present to speak. Hearing no one, he turned to the Council for their comments. There were no questions or comments from the Council. Motion: Councilmember Stucky moved to approve the Professional Services Agreement with John Galt for Hearing Officer Services for the Oak Harbor Police Department. Councilmember Woessner se- conded the motion, which passed unanimously. c. Professional Services Agreement, Amendment No. 3 with Jack Kerr for Public Defense Administration City Administrator Combs reviewed the item for the Council. She explained the Public Defense Admin- istrator screens applicants charged with a crime in the Oak Harbor city limits to determine whether applicants qualify for appointment of an attorney at the City' s expense. The Public Defense Adminis- trator reviews applicants and seeks and assigns representation when a conflict occurs that prevents the attorney and/or legal firm under contract to the City for providing indigent defense services from representing those applicants. This is an essential service. The City initially entered into a Professional Services Agreement with Mr. Kerr in 2017 and have ex- tended the Agreement via amendment twice. Staff recommends a third extension of this Agreement, effective January 1, 2025 through December 31, 2026. This two-year contract is billed at a flat rate and represents an increase of one hundred dollars per month compared to the prior three-year contract. Mayor Wright confirmed no public comments had been received and invited anyone present to speak. 1. Andrew Perkins, who identified himself as the current provider of public defense services for indigent defense for the City, addressed the Council. Mr. Perkins noted he worked with Mr. Kerr on a daily basis and found him very easy to work with, and possessing an understanding of the community and a desire to help people. Councilmember Woessner provided his respective questions and comments, stating he echoed Mr. Perkin’s comments and noting Mr. Kerr was often one of the first contacts for those in difficult circum- stances. Motion: Councilmember Woessner moved to authorize the Mayor to sign the Professional Services Agreement, Amendment No. 3, with Jack Kerr for Public Defense Administration Services. Coun- cilmember Wiegenstein seconded the motion, which passed unanimously. d. Professional Services Agreement with Zachor, Stock & Krepps, Inc. for Prosecuting Attorney Services Regular Meeting Minutes December 3, 2024 Page 7 of 10 City Administrator Combs reviewed the Agreement and provided background information for the Coun- cil. She explained that In 2022, as a result in a vacancy of the at that time in-house Assistant City Attorney, the City solicited interim prosecuting attorney services and contracted with Zachor, Stock & Krepps, Inc., P.S. from January 1, 2022, to March 31, 2022, to allow the City to recruit for an in-house attorney. After recruiting proved to be unsuccessful, the City determined the best course was to contract long-term with Zachor, Stock & Krepps, Inc. P.S. for prosecuting attorney services, with that contract commencing April 1, 2022, to December 31, 2023, and subsequently renewed automatically at the same terms and conditions for 2024. City administration and the Oak Harbor Police Department are pleased with the performance of Zachor, Stock & Krepps, Inc., P.S. The firm has expressed their desire to continue to provide prosecuting attor- ney services and have requested an addendum with fee adjustments for contract renewal. City Attor- ney, Hillary Evans has reviewed the proposed contract addendum. Staff recommends continuation of the contract with the proposed addendum. From a fiscal standpoint, the cost to utilize an external firm continues to be less than the cost of a full- time in-house prosecuting attorney. Mayor Wright confirmed no public comments had been received and invited anyone present to speak. Police Chief Slowik stated the office and attorneys of Zachor, Stock & Krepps have worked well with the Oak Harbor Police Department, attend court on the Department’s behalf and go over and above in their service to the Department. Councilmembers Wiegenstein, Woessner, and Marshall provided their respective questions and com- ments. City Administrator Combs, Deputy City Administrator Goldman, and City Attorney Evans re- sponded to questions regarding the contract terms. Motion: Mayor Pro Tem Hizon moved to authorize the Mayor to sign the Professional Services Agree- ment with Zachor, Stock & Krepps, Inc., P.S. for Prosecuting Attorney Services. Councilmember Mar- shall seconded the motion, which passed unanimously. 9. OTHER ITEMS FOR CONSIDERATION a. Touchstone Investments Annexation Request – Parcel R13333-281-4370, located at 2622 and 2624 Airline Way, Oak Harbor, WA Principal Planner Kamak reviewed the annexation request. Steve Verbarendse, of Touchstone Investments, LLC, owners of parcel R13333-291-4370, containing two duplexes addressed as 2622 and 2624 Airline Way, has requested the lot be annexed into the City. The property owner has also requested a designation for Multifamily Residential. The property is within the City’s Urban Growth Area (UGA) and totals 1.68 acres. The property is currently contiguous to the City with its eastern boundary. However, the property is one lot separated from the City limits along Airline Way. The current assessed value of the property is $632,529. Since the property is contiguous, it is eligible for annexation. Any development of this property will need infrastructure extensions along Airline Way. RCW 35A.14.120 requires the City Council to convene a meeting with the initiating party within 60 days after the filing of the notice of intent. The City Council must decide at this meeting: 1) whether it will accept, reject, or geographically modify the proposed annexation; 2) whether it will require adoption of Regular Meeting Minutes December 3, 2024 Page 8 of 10 zoning simultaneously with annexation; and, 3) whether it will require annexed properties to share City indebtedness. Principal Planner Kamak explained the decision of the Council whether to move forward with the pro- posed annexation is entirely discretional. By accepting a proposed intent to annex at this stage, the Council is not committing itself to ultimately annexing the territory proposed. This initial acceptance by the City Council normally authorizes the proponent to circulate a petition for signatories representing not less than sixty percent of the assessed value of the proposed annexation area. If the Council rejects the proposed annexation at this stage, the initiating parties have no right of appeal. Factors in considering the annexation request in accordance with RCW 35A.14.120 are outlined below. 1. Whether to accept, reject, or geographically modify the proposed annexation This property is contiguous and can be accepted as requested under the sixty percent petition method. However, the City has a choice here to geographically modify the area to include the property to the north (R13333-309-4300) addressed 2634 Airline Way and assessed at $315,902. This would make sense since the infrastructure to serve Touchstone Properties will also serve them. If the Council chooses to modify the area and include it, Touchstone Investments LLC will be authorized to circulate their annexation petition to them as well. However, Touchstone properties assessed value is less than sixty percent of the combined annexation value ($948,431) and will therefore not be sufficient to carry the annexation as a whole if the neighbors do not sign the petition. If this happens, the City Council must weigh its options during annexation on whether it makes sense. At a minimum, all of Airline Way’s right-of-way leading to, and adjacent to Touchstone’s property should be annexed. 2. Whether it will require adoption of zoning simultaneously with annexation The property is designated as Residential in the Comprehensive Plan. Upon annexation the property can be zoned as R3, Medium-High Density Residential. 3. Whether it will require annexed properties to share City indebtedness City indebtedness refers to existing or future bonds, the cost of which is shared by City taxpayers. It is logical for the City to require that properties in the proposed annexation to share in City indebtedness. Principal Planner Kamak noted that with every annexation, there is an increase in demand on the City’s fire and police protection service. As the City grows to accommodate the forecasted population growth, this increase in demand for services will need to be addressed. Fire and Police service-related chal- lenges are difficult to address with an individual annexation request such as this but should be noted and considered when planning for facilities/utilities, or purchasing equipment, or considering other ser- vices. The City’s investment in a new fire station will help in serving the new growth areas. All of these will likely have some sort of direct or indirect fiscal impacts to property owners or the City. Staff recom- mends the property owner proceed with annexation procedures and have flexibility to consider options. Mayor Wright confirmed no public comments had been received. Hearing none from those present, he called upon the Council for their comments. Councilmembers Woessner, Marshall, and Mayor Pro Tem Hizon provided their respective questions and comments. Motion: Mayor Pro Tem Hizon moved to commence annexation proceedings for Touchstone Invest- ments, LLC Properties for (R13333-291-4370) and adjacent willing property owners (R13333-309- 4300, R13333-286-4080). Councilmember Wiegenstein seconded the motion, which passed unani- mously. Regular Meeting Minutes December 3, 2024 Page 9 of 10 10. REPORTS & DISCUSSION ITEMS - None 11. EXECUTIVE SESSION - None ADJOURN There being no further business, Councilmember Wiegenstein moved to adjourn the meeting, se- conded by Councilmember Woessner. The vote on the motion was unanimous, therefore the meeting was adjourned at 7:07 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes December 3, 2024 Page 10 of 10