City Council

Oak Harbor City Council Regular Meeting Minutes February 18, 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 attending the Association of Washington Cities City Action Days in Lacey and Olympia, along with City Administrator Combs. 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 Councilmember Wiegenstein ROLL CALL City Council Present: Staff Present/Videoconference Mayor Pro Tem Tara Hizon Deputy City Administrator David Goldman Councilmember Jim Woessner - absent 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 Police Sergeant Shantel Ricci Councilmember James P. Marrow Fire Chief Travis Anderson City Engineer Alex Warner Principal Planner Rajesh “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 Joanna Eide of Kenyon Disend, PLLC Others in attendance included members of the Oak Harbor Police Department and associate agencies EXCUSE ABSENT COUNCILMEMBERS Mayor Pro Tem Hizon greeted all in attendance. She announced Joanna Eide from the City’s legal firm of Kenyon Disend was attending remotely in place of City Attorney Hillary Evans. She noted Coun- cilmember Woessner had asked to be excused and called for a motion. Regular Meeting Minutes February 18, 2025 Page 1 of 9 Councilmember Marshall moved to excuse Councilmember Woessner, seconded by Councilmember Wiegenstein. The vote on the motion passed unanimously. 1. APPROVAL OF AGENDA Mayor Pro Tem Hizon requested any changes to the agenda. Hearing none, the agenda was approved as presented. 2. PRESENTATIONS a. Police Sergeant Oath – Shantel M. Ricci Chief of Police Slowik introduced Officer Ricci and administered the Sergeant’s Oath. He observed Patrol Sergeants carried the responsibility of serving on the front line of contact with the public and were tasked with facilitating and ensuring the values of the Oak Harbor Police Department are met. BREAK Mayor Pro Tem Hizon called for a brief recess from 5:37 p.m. to 5:42 p.m. to allow the Council and guests in attendance to congratulate Sergeant Ricci and for photos with Police Department Officers. The Council resumed the regular meeting at 5:42 p.m. Mayor Pro Tem Hizon inquired if Sergeant Ricci would like to speak. Sergeant Ricci thanked Chief Slowik for the opportunity to serve and provided insights into her path to law enforcement. She thanked her parents, her mentors, and family and friends for their support. 3. PUBLIC COMMENT PERIOD Mayor Pro Tem Hizon noted members of the public may comment on Consent Agenda items or subjects of interest not listed on the agenda at this time and that the public would have the opportunity to com- ment on the remaining Agenda items during the meeting as appropriate. Members of the public can also visit the City’s website prior to meetings for methods to submit public comments, 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 Brad Gluth of Oak Harbor and the other from Kathryn Harbor of Oak Harbor, both regarding parking and redevelopment or redesign of Flintstone Park. These comments were displayed 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. Louie Foster of Oak Harbor identified himself as a member of the Marina Advisory Commission. He noted he was happy to see the Council approve moving forward with potential port district as a long-term solution but spoke to the need to address short-term needs at the Marina. Regular Meeting Minutes February 18, 2025 Page 2 of 9  2. J.J. Jones of Oak Harbor identified himself as a 45-year resident and a 25-year Oak Harbor Marina tenant and a three-year member of the Marian Advisory Commission. He stated he ap- plauded the Council’s action to possibly create a port district but noted there were immediate needs including dredging and the breakwater. He noted the formation of a port district could take as much as two years. 3. Byron Skubi of Island County noted he had been a member of the Marina Advisory Commission for three years and a Marina tenant since 1980, when it was relatively new. He observed that the Marina has had forty-five years of continual use with very little capital improvement. He voiced encouragement over a potential port district but noted the need for a comprehensive funding plan now, citing the condition of the breakwater and the need for dredging. Mr. Skubi suggested a Business & Occupation Tax or General Obligation Bonds to fund Marina needs. 4. Josh Ford of Oak Harbor inquired whether any projects or proposed renovations were planned for the baseball fields at Volunteer Park to bring them up to par with other fields in town. 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: Regular City Council Meeting of February 4, 2025, and Special City Council Meeting – Joint Meeting with the Island County Board of Commissioners of February 11, 2025 b. Approval of Payroll and Accounts Payable Vouchers c. Professional Services Agreement with RH2 Engineering for Well 9 Replacement d. Amendment to the Professional Services Agreement with BHC Consultants e. Resolution 25-03: Updates to Salary Commission Bylaws and Procedures f. Ordinance No. 2001: Repealing Oak Harbor Municipal Code Chapter 2.02 “Salary Commis- sion” and adopting a new Chapter 2.02 “Salary Commission” Mayor Pro Tem Hizon called for any changes to the consent agenda. Hearing none she called for a motion for approval. Motion: Councilmember Marrow moved to approve the consent agenda. Councilmember Marshall se- conded 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: • Association of Washington Cities – City Action Days: As noted earlier, Mayor Wright and City Admin- istrator Combs are attending City Action Days in Lacey and Olympia. They are meeting with our legis- lators and providing them with the City of Oak Harbor’s legislative priorities and goals. • Real Estate Excise Tax (REET) Funding: Mayor Wright sent a letter to the Washington Legislative House Finance Committee last week in support of expanding the flexibility of REET funds for use for public safety facilities, citing the needs of the Oak Harbor Police Station. • The Wright Blend – Coffee and Conversation with the Mayor: Our next Wright Blend will be hosted by Whidbey Coffee at their State Route 20 location on Saturday, February 22nd at 10:00 a.m. Come and meet with Mayor Wright and share your ideas and questions. Regular Meeting Minutes February 18, 2025 Page 3 of 9 • Community Catch Up: Join us for our second Community Catch Up and a casual conversation with I-COM 911 Executive Director Sofia Kohfield on February 25th at 6:00 p.m. at City Hall, followed by a tour of the ICOM 911 dispatch center. • Downtown Redevelopment and Waterfront District Open House: The City of Oak Harbor invites you to the first of several open houses on Thursday, February 27th at 6:00 p.m. here at City Hall. Please come and share your thoughts and provide feedback on the redevelopment of our City’s downtown and waterfront district. All are welcome. Light snacks and raffles are planned. • Save the Dates: Mayor Wright, and members of the City Council and staff will attend the Black History Month Celebration, February 23rd at the Mission Ministry Faith Center at 3:30 p.m. and the Saint Pat- rick’s Day Parade, March 17th at 4:30 p.m. downtown on Pioneer Way. • Advisory Board Vacancies: The City continues to accept applications to serve on our various advisory boards, commissions and committees. To apply, visit our website. • We’re Hiring: We have several openings for employment. • Marina Maintenance Attendant I (part-time 20 hrs. per week) • Police Officer - Entry • Police Officer – Lateral • Recreation Leader – Enrichment Program (9 hrs. per week) • Recreation Leader - Sports Program (9 hrs. per week) • Revenue and Performance Analyst • Senior Utility Engineer See the City’s website for information on how to apply. b. Councilmembers Councilmember Stucky provided his respective comments, inquiring of Deputy City Administrator Gold- man about the softball fields at Volunteer Park. Deputy City Administrator Goldman noted he would inquire and get back to the Council with a response. Councilmember Stucky observed that inquiries could also be made directly to the City’s Parks and Recreation Department. 6. PUBLIC HEARINGS & MEETINGS a. Ordinance No. 2016: Smith and Kirkendall Annexation – Three parcels totaling approxi- mately 2.24 acres located at 1307 Swantown Road (S7685-03-00015-0), 1298 Swantown Road (R13204-427-4060), and 1311 Swantown Road (S7685-03-00014-0). Principal Planner Rajesh “Cac” Kamak reviewed the proposed annexation. Harold Kirkendall and Debera Frederick-Kirkendall, owners of parcel S7685-03-00015-0 and R13204-427-4060, addressed as 1307 and 1298 Swantown Road respectively, and Jacob and Stephanie Smith, owners of parcel S7685-03-00014-0, addressed as 1311 Swantown Road have submitted a petition to annex into the City. The properties are contiguous to the City limits. As required by RCW 35A.14.120, the City Council convened a meeting with the initiating party on March 15, 2022 and December 5, 2023. The City Council decided at these meetings: 1) to accept the proposed annexation; 2) require adoption of zoning (R1, Low Density Residential) simultaneously with annexation; and, 3) require annexed properties to share City indebtedness. The property owners have filed the necessary documents with the City to proceed with the annexation process. The documents have been verified by the Island County Assessor’s office for sufficiency. Annexations are discretionary actions by the City and are based on the City’s goals and policies for urban growth. Goal 4 of the Urban Growth Area (UGA) Element of the Comprehensive Plan includes a list of policies to consider in making the final decision. A copy of the UGA Element was included for Regular Meeting Minutes February 18, 2025 Page 4 of 9 Council reference. In reviewing the proposed annexation against Goal 4 policies of the UGA Element, the following can be determined: • The properties are a logical extension of the City boundary and its services • No enclaves are created by the annexation • Utilities - The properties can be served by City services Page 106 of 136 • Emergency Services - The Level of Service (LOS) impacts for Police and Fire are minimal at this time. As the City grows, these services must be evaluated to determine if LOS levels are maintained. Legal authority for municipal annexations is established under RCW 35A.14.010. The annexations of these properties will create minimal fiscal impacts. The City Council considered the request to Annex at it the on March 15, 2022 and December 5, 2023 meetings. Mayor Pro Tem Hizon opened the public hearing and confirmed no public comments had been re- ceived. Hearing none from those present at the meeting, she closed the public hearing. There were no questions or comments from the Council. Motion: Councilmember Wiegenstein moved to adopt Ordinance No. 2016, annexing the Kirkendall- Smith properties. Councilmember Marrow seconded the motion which passed unanimously. 7. ORDINANCES & RESOLUTIONS a. None 8. CONTRACT & AGREEMENTS a. None 9. OTHER ITEMS FOR CONSIDERATION a. Washington Cities Insurance Authority (WCIA) Risk Reduction Grant Program Grants Administrator Horn reviewed the item for the Council, seeking approval of submission of a grant application to the Washington Cities Insurance Authority (WCIA) for their Risk Reduction Grant Pro- gram. WCIA offers a Risk Reduction Mitigation grant program. WCIA's annual goals are "to protect and maintain the authority's financial stability, sustain and enhance member commitment and involve- ment, maintain the status as a leading risk pool in the state and the nation, foster sound risk manage- ment practices, and contain or manage adverse loss exposure in concert with members." The Risk Reduction Mitigation grant program is intended to supplement and support WCIA goals and the mem- ber's risk management programs and reduce covered liability exposures for current WCIA members. The Parks and Recreation Department, in conjunction with the Police Department, is proposing to apply for this grant to purchase and install three (3) security cameras at Fort Nugent Park, specifically in the Concessions/Restroom area. The purposes of the security cameras are to identify vandals, deter van- dalism, graffiti and property damage and increase the safety of park visitors. The park is heavily used by the public. Unfortunately, it is also a regular target for vandalism and property destruction. There have been times when the City had to close the restrooms to repair them and prevent further damage. This funding, if awarded, will pay for Phase One of the project. Phase Two would install cameras at one of the shelters and on the other side of the playground. Phase Three would provide a live-streaming application for all the cameras. Phase two and three will be funded at a later time. Total cost of all three phases is estimated at $60,000. Regular Meeting Minutes February 18, 2025 Page 5 of 9 Grants Administrator Horn noted the $22,194 cost for Phase one was not budgeted in the 2025 budget. Staff will request Council approval of a budget amendment if awarded the grant. The City applied for the WCIA Risk Reduction Grant Program last year, but did not receive it. The City Council approved last year's application at the February 20, 2024 workshop. Mayor Pro Tem Hizon confirmed no comments from the public had been received. There were no questions or comments from the Council. Motion: Councilmember Stucky moved to approve the submission of an application to the WCIA Risk Reduction Grant Program. Councilmember Wiegenstein seconded the motion, which passed unani- mously. 10. REPORTS & DISCUSSION ITEMS a. Discussion of City Council Code of Ethics City Attorney Joanna Eide observed the City Council approved Resolution 24-09 in March of 2024, which adopted a Code of Conduct and Ethics. She noted the item on the agenda today was prompted by the request of the Council. Mayor Pro Tem Hizon provided the following statement and asked that it be entered into the meeting record. It is printed here in its entirety: “When one takes an Oath of Office, they assume the responsibility of representing not only themselves and their constituents, but the Office they hold, as well as the organization and everyone in it. This adds an additional layer of scrutiny in their dealings with staff, volunteers, vendors and contractors, advisory commission members, and other elected or appointed leaders. Last year, this City Council adopted its own Code of Ethics and Conduct through Resolution 24-09. The intent was to provide a mechanism for the Council to establish and enforce standards of ethical behavior among its members. We also wanted to encourage and promote respectful conduct and foster the kind of engaging civic debate that promotes ideas and growth. While we can always question, criticize, or compliment some- one’s words or actions, an attack on who someone fundamentally is, as a person, is neither appropriate or productive. At a recent All-Hands Meeting, staff was asked: was does #ThisIsOakHarbor mean to you? “support” and “inclusivity” were the top responses. These are the values that define our City as a workplace and as a community. Section 9 of the Code of Ethics outlines the procedure for when someone alleges a Councilmember has violated the Code of Ethics. That process includes an investigation and an advisory report to the City Council. The Council may then take action, including dismissal of the complaint, a request for more information, or a determination that, by a preponderance of the evidence, a violation of the Code of Ethics occurred. Council may admonish, reprimand, or censure the member in question–or even impose a civil penalty, In late 2024, Mayor Wright filed a complaint with the City, reporting harassment by a colleague and councilmember. The City Attorney referred the complaint to the City’s insurance company, WCIA, which obtained an unbiased, third-party to investigate the allegations and draft a report to Council. The Regular Meeting Minutes February 18, 2025 Page 6 of 9 Ccouncilmember in question, Shane Hoffmire, resigned his position with the City during this process. Since that time, the Council has received and reviewed the completed report. The investigation found that violations of the City Council’s Code of Ethics had, indeed, occurred. And per our Code, former Councilmember Hoffmire’s conduct is worthy of censure, but he is no longer present to answer to the Council. Still, it was important to all of us that we still publicly acknowledge the Mayor’s complaint was well- founded, and emphasize that this Council, as a unified body, does not condone such offensive behav- ior. To that end, the following resolution was drafted in cooperation with Council and our legal team. For the record, the Mayor and administrative staff did not participate. Resolution 25-05 formally reaffirms our commitment to civil discourse and the treatment of City em- ployees and community members with the respect they deserve.” Mayor Pro Tem Hizon asked Councilmember Marshall to read aloud Resolution 25-05: A resolution for reaffirmation of the City Council’s Commitment to its rules of ethics and conduct. The resolution was displayed in Council Chambers and on the screen. Mayor Pro Tem Hizon invited any edits from the Council. There were none. Councilmembers Marrow, Marshall, Wiegenstein, and Armes provided their respective comments. Motion: Councilmember Marshall moved to approve Resolution No. 25-05: Reaffirmation of the City Council's commitment to its Rules of Ethics and Conduct. Councilmember Wiegenstein seconded the motion. Mayor Pro Tem Hizon inquired if City Attorney Eide had anything further to add. Attorney Eide observed the resolution expressed a clear reaffirmation of the Council’s intent and noted she was happy to dis- cuss any questions from the Council. There were no additional comments. Mayor Pro Tem Hizon confirmed no public comments had been received and called for any public comments from those in attendance. Hearing none, she called for a vote on the motion, which passed unanimously. 11. EXECUTIVE SESSION a. Executive Session per RCW 42.30.110 (1) (b) Mayor Pro Tem Hizon announced that the Council would take a short break and then move into an executive session to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price, per RCW 42.30.110 (1) (b). She noted the anticipated duration of the executive session was 15 minutes and stated action might or might not be taken upon return to the open session. Mayor Pro Tem Hizon noted executive sessions are not open to the public and that the City Clerk would announce any exten- sions of the executive session, if needed. The Council entered into executive session for fifteen minutes at 6:22 p.m. Councilmember Stucky did not attend the executive session. At 6:37 p.m. the Council came out of executive session and resumed the open session of the meeting. Regular Meeting Minutes February 18, 2025 Page 7 of 9 Mayor Pro Tem Hizon explained the Council had come out of the executive session during which they considered a real estate matter. She called on Deputy City Administrator & Finance Director Goldman to provide a description and information regarding the property or properties under consideration. Deputy City Administrator Goldman reviewed the proposed purchase of a Regional Public Safety Train- ing Facility, located on two parcels at the Goldie Street Business Park. He explained the addition of a regional training facility in Island County was among the Council’s adopted 2025 City Legislative Prior- ities. A suitable training facility, located on two parcels, was available for purchase in Oak Harbor. Unit 1 comprises 0.355 Acres/15,478 Square Feet. 13,020 square foot building built in 1976; and completely overhauled in 2017. The building houses a firing range with multiple lanes and 25 dedicated parking stalls. There is room for: Defensive tactics training Classroom based training. Equipment. Unit 3 is an adjacent vacant property comprising 1.342 Acres/58,453 Square Feet. List Price: Unit 1: $2,990,000 Unit 3: $287,500 Total: $3,277,500 The proposed purchase price by the City for Units 1 and 3:is $2,750,000, which equates to $211 per square foot. Staff has researched a comparable facility for a cost of $667 per square foot. Purchase contingencies include: Minimum six-month feasibility period. State of Washington funding agreement. Skagit County Drug Task Force funding agreement. Mayor Pro Tem Hizon called on the City Clerk to read into the record a letter from Councilmember Woessner. It was addressed to the City Clerk and read as follows: “Hi Julie, I want to acknowledge the Brokerage firm that I work for represents RGW Investments who is planning to sell the property located at 951 NE 21st court Oak Harbor, WA. along with the adjacent vacant parcel to the City. I realize this could present a conflict of interest with my role as Oak Harbor City Coun- cilmember. I have ensured I have only a remote interest in the sale. I am an agent of the contracting party, but my salary for this transaction consists entirely of fixed wages. I have worked with my employer, McKenzie Realty, to ensure that I do not receive any commission from this transaction. I ask that my remote interest is communicated to the City Council and is noted in the official minutes of the meeting where this transaction is considered. I plan to be absent for that discussion. I have not influenced or attempted to influence the decision of other Councilmembers on this matter in any way.” Signed, Jim Woessner Regular Meeting Minutes February 18, 2025 Page 8 of 9 Mayor Pro Tem Hizon called for any discussion. Councilmembers Marrow, Marshall, Wiegenstein, and Armes provided their respective comments, all of which centered on the benefits of having a regional training facility for both public safety and for economic development. In response to questions from the Council, Police Chief Slowik voiced his appreciation for the support for public safety from the Mayor, the Council and City staff. He noted the City of Lacey was currently building a similar size and use facility at a cost of approximately $10 million, and that other such facilities were closing throughout the state. Mayor Pro Tem Hizon confirmed no public comments had been received and called for any comments from those in attendance. There were no comments from the public. Motion: Councilmember Marrow proudly moved to authorize the Mayor to perform all activities and execute all documents necessary for the purchase of units 1 and 3 of the Goldie Street Business Park for $2,750,000 with the condition that no funds can be spent beyond the Earnest Money amount plus $30,000 for feasibility purposes without City Council approval. Councilmember Marshall seconded the motion. Councilmember Stucky noted that he had both a personal and a financial relationship with the property owner and so would recuse himself from voting on the purchase. Mayor Pro Tem Hizon stated the record will show that both Councilmember Woessner and Coun- cilmember Stucky have recused themselves from the vote. The vote on the motion passed by a vote of 5-0 with Mayor Pro Tem Hizon, and Councilmembers Armes, Wiegenstein, Marshall, and Marrow in favor and Councilmembers Stucky and Woessner recused and thus abstaining. ADJOURN There being no further business, Councilmember Wiegenstein moved to adjourn the meeting, se- conded by Councilmember Marshall. The vote on the motion was unanimous, therefore the meeting was adjourned at 6:52 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes February 18, 2025 Page 9 of 9