City Council

Oak Harbor City Council Regular Meeting Minutes January 21, 2025 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 Tem Hizon called the meeting to order at 5:30 p.m. She noted she was presiding at the request of Mayor Wright, who was ill and unable to attend. Mayor Pro Tem Hizon 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 – Led by Pastor Matthew Erikson, First Reformed Church. Pledge of Allegiance – Led by Mayor Pro Tem Hizon ROLL CALL City Council Present: Staff Present/Videoconference Mayor Pro Tem Tara Hizon City Administrator Sabrina Combs Councilmember Jim Woessner Deputy City Administrator David Goldman Councilmember Bryan Stucky Development Services Director David Kuhl Councilmember Eric Marshall Human Resources Director Emma House Councilmember Christopher Wiegenstein Parks and Recreation Director Brian Smith Councilmember Barbara Armes Public Works Director Steve Schuller Councilmember James P. Marrow Police Chief Tony Slowik Police Captain Kevin Barton Fire Chief Travis Anderson Central Services Manager Sandra Place Accounting Manager Ashley Ramos Harbormaster Chris Sublet Communications Officer Magi Aguilar Executive Services Coordinator Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorneys Hillary Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS Mayor Pro Tem Hizon greeted all in attendance. She noted all members of the Council were present with Councilmember Wiegenstein attending remotely. 1. APPROVAL OF AGENDA Mayor Pro Tem Hizon requested any changes to the agenda. Hearing none, the agenda was approved as presented. 2. PRESENTATIONS Regular Meeting Minutes January 21, 2025 Page 1 of 11 There were no presentations. 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 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 no new public comments since the last regular meeting. 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. She noted the Clerk would call on speakers in the order in which they signed in to speak. Mayor Pro Tem Hizon asked speakers to please step forward to the microphone and state their name and address, and to please limit comments to three minutes. 1. Rita Cline of Oak Harbor addressed the Council regarding recent discussion of recouping costs on City park facilities.as being unclear and needing more explanation. 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: Special City Council Meeting – Audit Exit Conference of January 7, 2025, and Regular Council Meeting of January 7, 2025 b. Approval of Payroll and Accounts Payable Vouchers c. Bid Award – City Hall Roof d. Bid Award – Police Department Roof e. Bid Award – City Shop Roof f. Bid Award – City Shops Gutter Replacement g. Purchase Authorization – Two (2) Chevy Blazer Electric Vehicles (EV’s) Patrol Vehicles h. Bid Award – North Steel Water Reservoir Cathodic Protection System i. Marina Host Agreement Mayor Pro Tem Hizon called for any changes to the consent agenda. Hearing none she called for a motion for approval. Motion: Councilmember Marshall moved to approve the consent agenda. Councilmember Wiegenstein seconded the motion, which passed unanimously. 5. MAYOR & COUNCIL COMMENTS a. Mayor’s Comments Mayor Pro Tem Hizon provided the following comments on behalf of Mayor Wright: Regular Meeting Minutes January 21, 2025 Page 2 of 11 • The Wright Blend – Coffee and Conversation with the Mayor: Thank you to those who joined us last week at Mad Batter as we kicked off our new public engagement event. It was great to meet everyone and hear your questions. Mad Batter was a terrific host. Our next Wright Blend will be hosted by Whid- bey Coffee at their State Route 20 location on Saturday, February 22nd at 10:00 a.m. • Martin Luther King, Jr. Day: Thank you to City Administrator Sabrina Combs for filling in for Mayor Wright and speaking on his behalf at the celebration hosted by Unity Fellowship. It was powerful event with speakers, singing, and dancing in celebration of Dr. King's legacy. • Community Congratulations: Congratulations to Oak Harbor High School football coach Marcus Hughes on being named 2024 Coach of the Year by the Washington State Football Coaches Associa- tion. • Thank you for Improvements to NE 8th Avenue – The City received a thank you from Oak Harbor resident Kaylen Barajas for the improvements made to NE 8th Avenue. Mayor Pro Tem Hizon read the email, which was also displayed. • Parks and Recreation Activity Guide: Have you received your Activity Guide yet? Copies are mailed to all homes within the City limits. You may also pick one up at City Hall, The Center, the Chamber of Commerce, and the Public Library. • Upcoming Events: There are a number of upcoming events to consider adding to your calendars. - Winter Stroll downtown on Pioneer on January 25th from 2-5 p.m. - Introducing Community Catch Up - An opportunity for the City to host casual conversations with partners, local leaders and groups. The first will be with Oak Harbor Public Schools on January 28th at 6:00 p.m. at The Center. See our website for more details. - Chamber of Commerce Business Community After Hours at Whidbey SeaTac Shuttle on January 30th. • We’re Hiring: We have several openings for employment. See the City’s website for a complete listing and how to apply. • Exciting News!: We have some exciting news to share from Island Transit and the Marina. Mayor Pro Tem Hizon called on Councilmember Armes who serves as the Council liaison to the Marina Advisory Commission to share the news. Councimember Armes reported on the meeting held with Island Transit at the Harbormaster’s office. Island Transit has created a new on-call service to the Marina on Mondays- Fridays from 8:00 a.m. to 6:00 p.m. Those wishing to utilize the service should call Island Transit two hours in advance. Signs with information will be posted at the Marina. Councilmember Armes thanked Island Transit and all involved in bringing this to fruition. b. Councilmembers Councilmembers Stucky and Marshall provided their respective comments. Councilmember Stucky re- ported that the Whidbey Renaissance Faire that was held in Langley last year, would be moving to Beachview Farm, located just outside the City limits of Oak Harbor. The event will be held in May of this year. More than 8,000 participants are expected. Councilmember Marshall addressed the topic of park fees, noting the City is looking to recoup some fees regarding uses, and that the City’s Parks and Recreation staff were committed to working with the leagues on these costs. 6. PUBLIC HEARINGS & MEETINGS - None Regular Meeting Minutes January 21, 2025 Page 3 of 11 7. ORDINANCES & RESOLUTIONS a. Resolution 24-23: Amending the City of Oak Harbor Master Fee Schedule Deputy City Administrator and Finance Director Goldman reviewed the proposed updates to the Master Fee Schedule, which is an annual comprehensive amendment. The schedule had been reviewed with the Council on several occasions, most recently at the November 20, 2024 Council Workshop. The City received input from Parks and Recreation user groups who voiced concern over any increase to field use and related items. City staff conducted outreach per feedback received from the Council. This was incorporated into the amendment. The Master Fee Schedule is made up of seven schedules and two addendums from the following de- partments: Schedule A: Development Services Schedule B: Finance & Utilities Schedule C: Fire Schedule D: Marina Schedule E: Police Schedule F: Public Works Schedule G: Parks & Recreation Addendum 1: Public Records Addendum 2: Senior Services Deputy City Administrator Goldman provided an overview of the proposed updates: Schedule A: Development Services: • Development Fees not raised in two years. • Cost inflation increased by double-digits. • Revenues are used to cover the cost of providing service. • Changes at current inflation (3.0%) and rounded. • Building permit fees continue to follow the Building Code and are not affected by this amend- ment. Schedule B: Finance & Utilities: • Update after-hours, weekends, holiday water turn-ons. • Update special event fees. o Small, medium, and large differential fees – based on the number of people attending. o Road closure fee. o Reference to hiring off-duty officers. Schedule C: Fire – no changes Schedule D: Marina: • Removal of rates from previous years that no longer apply. • Streamlined language to direct labor charges to central area. • Updated labor charges to include off-hours and holiday rates. Schedule E: Police – no changes Schedule F: Public Works: • Added fee for the use of public charging stations. Free for first two hours, then $2.00 for every hour after that. Regular Meeting Minutes January 21, 2025 Page 4 of 11 Schedule G: Parks & Recreation • Incorporated Addendum 2: Senior Services into Schedule G. • Updated park facility and field reservations to be by the hour. • Included a staff usage billable rate. • Included annual rates for on-site storage and monthly rates for use of the concession stand. • Updated class and activity fees to reference Activity Guide. • Updated room rental rates. Addendum 1: Public Records: • Updated redaction of body worn camera video fee Addendum 2: Senior Services: • Incorporated into Parks & Recreation Schedule G. Deputy City Administrator Goldman was joined by Parks and Recreation Director Smith and Police Chief Slowik in responding to questions from the Council. He explained the Council could adopt the amended fee schedule in full or if they were not inclined to agree regarding the Parks and Recreation portion, they could elect to adopt the amended fee schedule with the exception of Schedule G: Parks & Recreation and Addendum 2: Senior Services. Mayor Pro Tem Hizon confirmed no public comments had been received on the proposed resolution. She invited comments from those present. 1. Rita Cline inquired which concession stands would have a fee. Director Smith clarified this only applied to the concession stand at Fort Nugent Park. Mayor Pro Tem Hizon and Councilmembers Woessner, Stucky, Marrow, and Marshall provided their respective questions and comments. Motion: Councilmember Stucky moved to adopt Resolution 24-23: Amending the Oak Harbor Master Fee Schedule. Councilmember Marrow seconded the motion. The vote on the failed with Councilmem- bers Armes, Woessner, and Stucky in favor and Councilmembers Marshall, Marrow, Wiegenstein and Mayor Pro Tem Hizon opposed. Motion: Councilmember Marshall moved to adopt Resolution 24-23: Amending the Oak Harbor Master Fee Schedule, except for Schedule G: Parks & Recreation and Addendum 2: Senior Services. Coun- cilmember Wiegenstein seconded the motion, which passed unanimously. City Administrator Combs requested any additional questions be provided to staff by the next day. City Administrator Goldman proposed to bring Schedule G and Addendum 2 to the February 28, 2025 Coun- cil Workshop, followed by potential approval at the February 4, 2025 Council meeting. b. Ordinance No. 1934: Authorizing the acceptance of the art sculpture known as the “Angel de la Creatividad” Parks and Recreation Director Smith provided background information on the ordinance. The Ángel de la Creatividad Sculpture was created by famous Mexican Sculptor Sebastián (born En- rique Carbajal González). The Estate of George Drake donated the Sculpture to the City of Oak Harbor and the City worked with Sculpture Northwest to install it at Flintstone Park. The Sculpture was suc- cessfully installed in October of 2024 and all obligations have been executed according to the Gift Agreement entered into by the City. Regular Meeting Minutes January 21, 2025 Page 5 of 11 Director Smith provided a timeline as follows: • Arts Commission Proposal February 2021. • Gift Agreement between the City and the Estate of George Drake signed and notarized exe- cuted, August 2021. • Professional Service Agreement between the City of Oak Harbor and Sculpture Northwest au- thorized and signed September 2021. • Location discussions throughout 2022, new site approved February 2023. • Sculpture Maintenance Plan March 2023. • Construction Services Awarded July 2023, permitting completed February 2024. • Revised Set Back Site Plan and Height variance July 2024. • Installation and Substantial Completion October 2024. • Professional Services Agreement executed, and final payment made November 2024 for $35,000 from the Creative Arts Fund. The City held a ribbon cutting for the sculpture on October 10. 2024. He provided the following state- ment from Sculpture Northwest: “To every single community member and city civil servant that helped over the course of nearly 5 years, to make this amazing gift become a reality & “You know who you are” History is now yours to tell. The story starts now. Embrace the future and always fight for what’s right! We look forward to celebrating and sharing this tantalizing tale when the park renovations are com- plete.” Director Smith thanked the City Council, the Arts Commission, the Estate of George Drake, Sculpture Northwest, and City Staff for their work in bringing the sculpture to Oak Harbor. Mayor Pro Tem Hizon confirmed no public comments had been received on the proposed ordinance. She invited comments from those present. Hearing none, she called for Council comments. Councilmember Stucky provided his respective comments. Motion: Councilmember Wiegenstein moved to adopt Ordinance No. 1934, authorizing the acceptance of the art sculpture known as the Angel de le Creatividad. Councilmember Marrow seconded the mo- tion, which passed by a vote of 6-1 with Councilmember Stucky opposed. 8. CONTRACT & AGREEMENTS a. None 9. REPORTS & DISCUSSION ITEMS a. Oak Harbor Waterfront District Public Works Director Schuller provided an update on the Department of Ecology Integrated Planning Grant and redevelopment of City owned parcels 1081 and 1091 Pioneer Way, as well as an overview of planning underway regarding the downtown area 600-acre Waterfront District. Included in the presentation was a visual history of past proposals, current concept drawings of the project, an update Regular Meeting Minutes January 21, 2025 Page 6 of 11 on tasks and agreements approved in May of 2024, and long-range planning – including housing pro- duction transformation. Director Schuller introduced consultant Norman Wright from the Center for Creative Land Recycling (CCLR), who provided information on the next steps moving forward, including an Economic Market Analysis and three planned public workshops. Director Schuller noted the key takeaways for the Council to consider were: • The Oak Harbor Community has long planned for, financed, and prioritized the redevelopment of the waterfront • The City’s properties on Pioneer Way were purchased to invigorate redevelopment. Known pe- troleum contamination will be further investigated: o Groundwater - below cleanup levels, first of four sampling rounds o Soil - above State cleanup levels at limited areas • 2025-2026 Budget – Begins successful redevelopment process • Revisions to City’s Development Code - essential and critical path Director Schuller noted all aspects of the redevelopment will come to the Planning Commission and the City Council in the months ahead. He provided concept slides showing how the project would overlay the existing area as well as artist renderings of how the area would appear. Director Schuller reviewed 2024-2025 Project Funding: Integrated Planning Grant (from the Department of Ecology) in the amount of $200,000 with a 0% (zero percent) match requirement. The Center for Creative Land Recycling provides $100,000 in Scope with a 10% (ten percent) match of $10,000 from the City. The total of $300,000 is 96% (ninety-six percent) covered by State and Federal funding. Director Schuller reviewed the remedial investigations for the 1081 and 1091 Pioneer Way properties, including groundwater and soil investigations and soils analytical results. For integrated planning some key areas to understand are: • Five-story building zones and 55-foot height limit • City parking requirements • Public and retail connection to the waterfront • Existing rock seawall and future shoreline • Building design standards • Street standards and transportation networks • Waterfront District redevelopment synergy Director Schuller noted much of the City’s oldest infrastructure was in the downtown and waterfront area. He reviewed the two existing buildings at 1081 and 1091 Pioneer Way: • Hazard Material Investigation in 2024– Grant Funded • Asbestos Removed in 2024 – City Funded • Site Fencing Rental – Keep Public from Hazard • Demolition of both buildings is proposed- a SEPA determination and public notice will be issued. Staff worked with the Historic Preservation Commission on reviewing the buildings and the property. Annual Housing Production – The Growth Management Act encourages development in urban areas and seeks to reduce sprawl and conversion of undeveloped land for low density development. Regular Meeting Minutes January 21, 2025 Page 7 of 11 Norman Wright noted it has been a pleasure to work with the City’s team on this vision-to-action project. He reported on plans for three public workshops and an economic/market analysis by Cascadia Part- ners and outlined the next steps and workshop topics. Workshop #1 General Information Sharing (Where We Are) Orientation (Where We Are Going) Needs, Preferences (How It Feels) Workshop #2 Detailed Information Sharing Scenario Modeling Revisiting Needs and Preferences Problem-solving, Prioritization Mr. Wright explained CCLR would perform an Economic Market Analysis that will examine barriers to investment and how to make the vision a reality and assess the primary economic challenges along the Waterfront and steps for: • Data analysis • Policy review • Conversations with area developers • Identify key actions to improve market feasibility • Incorporate into the Vision to Action plan Workshop #3 Refinements Market Feasibility Analysis Final Takeaways Next Steps Director Schuller noted tis was a presentation only this evening for any Council questions or discussion. Mayor Pro Tem Hizon confirmed no public comments had been received. 1. Brad Gluth of Oak Harbor identified himself as an owner of three acres of property adjacent to the City’s property and noted his concern for parking and affordable housing. Hearing no others with a desire to speak, Mayor Pro Tem Hizon called on the Council for their com- ments. Councilmembers Woessner, Stucky, Marrow, and Mayor Pro Tem Hizon provided their respective questions and comments. BREAK – Mayor Pro Tem Hizon called a short break from 7:50 – 7:56 p.m. after which, she resumed the meeting. 10. OTHER ITEMS FOR CONSIDERATION a. Approving moving forward with the process for potential creation of a Public Port District Parks and Recreation Director Smith reviewed the item. He explained the Marina has reached the end of its serviceable life and cannot afford the costs of larger replacement or redevelopment projects. Regular Meeting Minutes January 21, 2025 Page 8 of 11 Options for the Marina include: Remove the old Marina and Replace Dredging Marina - $11.8 million Breakwater replacement - $7.5 million Marina demo and redevelopment - $24.9 million Estimated total - $44.2 million Renovate Dredging Marina - $11.8 million Renovate docks, breakwater, electrical and mechanical - $13.2 million Estimated total - $25 million Close the Marina Removal - $10 - $12 million (estimated) No revenue source to repay expense Upland property may be repurposed Estimated total - $10 - $12 million Director Smith reviewed Marina financial strategy options, noting none of these were a “silver bullet” that would provide immediate funds to the Marina. He explained it may take a combination of options to fund everything needed. Several potential funding strategies have been suggested and evaluated for funding Marina projects: • Formation of a Port District – (This potentially eliminates the next three (3) options for the City) • Grants & Legislative Support • Special Taxes & Bonds • Others – Move the Marina into the general fund, Private partnerships, Development proceeds, Navy Assistance, Others. Director Smith reviewed the public process taken thus far: • September 12th Marina Tour and Roundtable Discussion • September 18th Marina Future Options Open house • September 21st Marina 50th Anniversary Celebration and Info Sharing • October 2nd Marina Future Options Open house #2 • October 14th Marina Future Options and Public Comment MAC Meeting • October 23rd Marina Future Options Council Workshop • November 20th Marina Future Options Council Workshop #2 A survey taken during the Marina open houses indicated a strong desire to keep the Marina in opera- tion. Eighty-five percent (85%) of those surveyed favored the creation of a port district, with a second choice being grants or taxes. Director Smith was joined by Deputy City Administrator Goldman to review financial options for Busi- ness & Occupation (B&O) taxes, interest costs, and debt service. Director Smith reviewed recent legislative support for Washington State Port infrastructure projects and noted that a Priorities for WA Maritime Industry & Water Infrastructure Senator Cantwell-supported agreement: included that “SEC. 1364. MAINTENANCE OF NAVIGATION CHANNELS. Section 509(a) of the Water Resources Development Act of 1996 is amended by adding at the end the following: ‘‘(27) Regular Meeting Minutes January 21, 2025 Page 9 of 11 Oak Harbor Channel and Breakwater, Washington”. The Channel will be added to the Army Corps of Engineer’s task list for investigation. Port Districts: Director Smith explained ports use tax revenues to invest in infrastructure designed to grow the economy – ports serve as economic engines for their communities. Today there are 75 public port districts operating in Washington. North Whidbey Port District - The Ports District Act allows citizens to establish port districts. RCW 53.04 (Primary goal is economic development). A Port District is initiated by the filing of a petition (signed by 10% of voters) to Island County. The potential new Port District footprint might be North Whidbey from the northern edge of the Port of Coupeville boundary (Mark St. in Rolling Hills). The county legislative authority shall submit a ballot proposition. Port commissioners (3 or 5) would be elected at the same time. In the case of five, Ports can decide if all will be districted or if two will be “at large”. A 51% voter approval to move forward would be needed. Alternative – Port District Expansion - Another option is to expand an existing port district in the county. There are two ways for a Port District to expand: a resolution by the current commissioners (RCW 53.04.080) or by petition by ten percent of the registered voters residing within the proposed boundaries of the areas desiring to be annexed who voted in the last general municipal election (RCW 53.04.085). A separate ballot may be needed to change the name of a Port District and must be petitioned by ten percent of the voters (RCW 53.04.110). Per RCW 53.12.115 ether a resolution from the Board or ten percent of the voters can petition to increase the number of commissioners from three to five and then be sent to the voters. Director Smith introduced Eric ffith, Executive Director of the Washington Public Ports Association (WPPA), who was in attendance remotely. Mr. ffith noted the WPPA advocates for ports and port com- missioners and provides studies for the legislature. He explained that ports were created to promote public access to public resources, were voter approved and community driven. Ports promote commu- nity-led economic development and could open the community to other opportunities. He reported that 30 of the 75 ports in Washington operate marinas. Mayor Pro Tem Hizon confirmed no public comments had been received. She requested any comments from those members of the public present. 1. Ken Hulett of Oak Harbor identified himself as a 25-year tenant of the Oak Harbor Marina spoke regarding the Marina’s operating budget, all of which had been paid for by Marina tenants. He noted financial assistance was required for immediate needs and wanted to impress that ur- gency upon the Council, observing that the formation of a port district, which he was not against, takes time Hearing no others with a desire to speak, Mayor Pro Tem Hizon called upon the Council for their ques- tions and comments. Councilmembers Woessner, Armes, Marrow, Marshall, Stucky and Mayor Pro Tem Hizon provided their respective questions and comments. MEETING EXTENSION Noting the lateness of the hour, Mayor Pro Tem Hizon requested a motion to suspend Council Rules and extend the meeting. Regular Meeting Minutes January 21, 2025 Page 10 of 11 Motion: Councilmember Marshall moved to suspend Council rules and extend past 9:00 p.m. The motion was seconded by Councilmember Marrow and passed unanimously. Discussion continued with Councilmembers Wiegenstein, Marrow and Mayor Pro Tem Hizon adding additional comments. Motion: Councilmember Marshall moved to authorize the Mayor to direct staff to engage in planning for the creation of a North Whidbey Port District to include the hiring of a consultant to advise the City during the process. Councilmember Woessner seconded the motion, which passed unanimously. Mayor Pro Tem Hizon thanked City staff, Mr. ffith, and the Marina Advisory Commission for their work b. Councilmember Service on City of Oak Harbor Boards, Committees, and Commissions Mayor Pro Tem Hizon reviewed Mayor Wrights suggested appointments and called for Council com- ments. Hearing none, she called for a motion. Motion: Councilmember Woessner moved to approve the Mayor’s proposed appointments for Coun- cilmember’s service on 2025 City of Oak Harbor Boards, Commission, and Committees. Councilmem- ber Wiegenstein seconded the motion which passed unanimously. For the good of the order, Mayor Pro Tem Hizon noted Mayor Wright had requested discussion on which Councilmembers will attend the National League of Cities (NLC) Conference in Washington, D.C. March 10-12th. Deputy City Administrator Goldman noted that two attendees were included in the budget. Staff is in process of attempting to secure appointments with legislators and federal agencies for the days following the conference. Councilmember Woessner noted he was available to attend. Mayor Pro Tem Hizon and Councilmem- ber Stucky expressed an interest in meeting with legislators and agencies but not attending the confer- ence. In regard to Council attendance at the Association of Washington Cities (AWC) Action Days, February 19-20th in Lacey, Washington, no one from the Council expressed a desire to attend. Councilmembers Armes and Marrow expressed interest in attending the AWC Annual Conference in Kennewick, Wash- ington in June. 11. EXECUTIVE SESSION None. ADJOURN There being no further business, Councilmember Stucky moved to adjourn the meeting, seconded by Councilmember Woessner. The vote on the motion was unanimous, therefore the meeting was ad- journed at 9:16 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes January 21, 2025 Page 11 of 11