City Council

Oak Harbor City Council Regular Meeting Minutes May 6, 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 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 – Led by Pastor James Sanchez, Life Church. . Pledge of Allegiance – Led by Councilmember Marshall. 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 Davif Kuhl Councilmember Bryan Stucky Public Works Director Steve Schuller Councilmember Eric Marshall Parks and Recreation Director Brian Smith Councilmember Christopher Wiegenstein Police Captain Kevin Barton Councilmember Barbara Armes Fire Marshall and Division Chief Paul Schroer Councilmember James P. Marrow Administration Manager Sandra Place Finance Manager Chas Webster Grants Administrator Wendy Horn Executive Services Coordinator Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS Mayor Wright greeted all in attendance. He noted all members of the Council were present. 1. APPROVAL OF AGENDA Mayor Wright requested any changes to the agenda. Hearing none, the agenda was approved as pre- sented. 2. PRESENTATIONS Regular Meeting Minutes May 6, 2025 Page 1 of 9  a. Oak Harbor High School Robotics Club Robotics Club Advisor Mr. Edozie Edoga introduced the students who reported on their recent interna- tional Robotic World Championship competition. Mr. Edoga noted the students had hoped to provide a demonstration of the robot built by the students, but it was still in transit from the competition. The robotics team earned the honor of competing with the Top 800 teams in the world. The team started out in last place in their division and then moved up six places. The team had six weeks to design and build their robot and brought three designs to the community for their input. Their final design performed well. The members of the team who were present spoke about their experiences both at the competition level as well as mentoring younger students and representing the school in community activities. Mayor Wright noted the team had made Oak Harbor proud and voiced his appreciation for their work in the community. Mayor Pro Tem Hizon and Councilmembers Woessner and Stucky provided their respective comments. Mayor Pro Tem Hizon praised the team’s outreach to younger students and building peer relationships. Councilmember Woessner noted the students’ excitement was contagious. Councilmember Stucky in- quired whether the students utilized or created anything with Artificial Intelligence (AI), to which they responded they did not. b. Proclamation – National Police Week Police Captain Barton provided background information on the annual recognition to honor the ser- vice and sacrifice of those law enforcement officers killed in the line of duty while protecting our com- munities and safeguarding our democracy. He noted it was an honor and a privilege to speak in recognition of National Police Week and to celebrate and reflect with solemn remembrance the last- ing legacies of those lost in dedication to safety in our community. Councilmember Marrow read the proclamation at the request of Mayor Wright. c. Proclamation – Drinking Water Week Public Works Director Schuller and Public Works Operations Manager Price provided background in- formation on this annual recognition of the vital role water plays in our daily lives. The City of Oak Harbor is a proud member of the American Water Works Association, which is the largest organiza- tion of water supply professionals in the world. Director Schuller noted Operations Manager Price was recently promoted to his position, with positive feedback. He shared this quote: “Thousands have lived without love, not one without water.” – W.H. Auden. In closing he shared a photo of City staff at the start of Oak Harbor’s water supply near the Skagit River. Councilmember Marshall read the proclamation at the request of Mayor Wright, 3. PUBLIC COMMENT PERIOD Mayor Wright noted members of the public could comment on Consent Agenda items or subjects of interest not listed on the agenda at this time and there would be an opportunity to comment on the remaining Agenda items during the meeting as appropriate. The public may 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 Regular Meeting Minutes May 6, 2025 Page 2 of 9 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. Comments were received from: 1. Lelah Charlene Jones of Oak Harbor, regarding the proposed downtown redevelopment and wanting to retain the small-town feeling. 2. Nancy Collins of Oak Harbor, questioning why, with the new sewage treatment plant, the harbor smelled of sewage. The comments were displayed. 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. Joshua Treadway of Oak Harbor spoke regarding “constitutional crisis” and prosecution using United States Immigration and Customs Enforcement (ICE) and recent Trump Administration executive orders as an example and noted the City’s obligation to protect its citizens. 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 April 15, 2025, and City Council Workshop of April 22, 2025 b. Approval of Payroll and Accounts Payable Vouchers c. Purchase Authorization – Police Fleet Vehicles Mayor Wright called for any changes to the consent agenda. Hearing none he called for a motion for approval. Motion: Mayor Pro Tem Hizon moved to approve the consent agenda. Councilmember Wiegenstein seconded the motion, which passed unanimously. 5. MAYOR & COUNCIL COMMENTS a. Mayor’s Comments Mayor Wright provided the following comments: • Signing of House Bill 1791: City Administrator Combs and I attended Governor Ferguson’s signing of this important bill which expands the flexibility of using Real Estate Excise Tax (REET) funds and makes it easier for cities to respond to local needs without raising taxes. Special thanks to Deputy City Administrator and Finance Director Goldman and Representative Dave Paul who worked to- gether on this bill. • Naval Air Station Whidbey Island Sailors of the Year: While City Administrator Combs and I were in Olympia, Mayor Pro Tem Hizon had the honor of recognizing the Sailors of the Year. Congratulations to HM1 Nicholas Morgan and AZ1 Michael Uchendu who were presented with their awards by the Oak Harbor Navy League and the Rotary Club of Oak Harbor. Regular Meeting Minutes May 6, 2025 Page 3 of 9 • Reading with a Leader: Oak Harbor Fire Chief Anderson read an Oak Harbor customized “Fly Guys Firefighters” book to students at Olympic View Elementary, while Firefighters Bradley and Brodt demonstrated their gear and equipment. The book was customized with Oak Harbor photos and signatures from Oak Harbor firefighters. Reading with a Leader is a partnership program between the Oak Harbor Kiwanis and Oak Harbor Public Schools. Thank you for representing the City. • Arbor Day 2025: This year the City partnered with Oak Harbor Public Schools to hold events and plant trees at every elementary school. 21 trees were planted. The day also featured storytelling sessions, chalk art stations, and a live climbing demonstration by City Arborist Bob Bailey and Ar- borist Apprentice Greyson Clements. Thank you to the Parks and Recreation Department, City staff, and Councilmembers Woessner, Armes, and Marrow for participating, and to all the schools’ staff, students and community volunteers. • Whidbey Island Marathon: The City was proud to once again host this terrific Marathon and half- marathon and 1K kid’s run event which brought 1,500 participants to our island. Councilmember Stucky was among the racers this year. Thank you to race organizer and promoter Jared Loranger of Fizz Events, our Public Works and Parks and Recreation teams, our Police Department and all of the community volunteers for making this a great event! • The Great Escape: City of Oak Harbor Marina released the Coho Salmon we have been caring for in partnership with the Washington State Department of Fish and Wildlife this past Saturday May 3rd. It has been our honor to help in the rearing of the salmon and hope that many will return to our waters. Thank you as well to members of the Swinomish Tribal Community for their participation. • Save the dates for these upcoming events: o We received notice yesterday that Senator Muzzall and Representatives Paul and Shavers are holding a virtual Town Hall meeting at the same date and time that we had scheduled the next Pathways to Stability Task Force meeting, May 13, 2025. We will move our meeting to another date. Please stay tuned for further announcements. o The Wright Blend – Coffee and Conversation with myself and members of City Staff will be held May 18th at 10 a.m. at Honeymoon Bay Coffee and Roasters, located at 1100 SW Bowmer Street, Suite A101. We had a great turnout at El Cazador for our last event and thank them for hosting! o Community Catch-Up – our next Community Catch-up will be held on May 22nd from 6:00-7:30 p.m. at our Public Works municipal shop. o Ever wonder what goes on behind the scenes to keep our community running smoothly? Here's your chance to find out! Meet & talk with the experts from engineering, streets, water, wastewater, solid waste, and more. o Bring the whole family! Meet the teams who work hard to make our streets safer, water cleaner, trash taken away, and facilities maintained. Take a tour of the big Public Works trucks! Kids (and adults) can get up close! • And Did You Know: Our very own City Clerk, Julie Nester, is the Town Crier for the City of Ana- cortes, which she calls home. She is pictured here with her husband Keith and Anacortes’ Mayor Miller at a recent community dedication event. Julie has been with the City of Oak Harbor for five (5) years now and we are surprising her tonight by presenting her with her five-year pin. Regular Meeting Minutes May 6, 2025 Page 4 of 9  b. Councilmembers Councilmembers Stucky, Armes, Woessner, Marrow, and Mayor Pro Tem Hizon provided their respec- tive comments. Councilmember Stucky noted the need to post the postponement of the Pathways to Stability Task Force meeting and notify the Whidbey News-Times. He inquired whether it would be possible to do another employee morale survey. City Administrator Combs noted staff had voiced some concerns with past surveys in sharing personal information or information that would identify them or their department, and concerns over creation of a potential public record and sharing this with the public. This would also need to be submitted to the unions. Councilmember Stucky inquired whether a third-party contractor could be used to conduct a survey. Mayor Wright noted he had no issue with conducting an employee morale survey but would need to first meet with Human Resources Director Emma House to review procedures and elements. Councilmember Stucky also inquired whether Captain Barton could speak to the public comment given regarding ICE and whether the Oak Harbor Police Department has any involvement. Police Captain Barton stated the Oak Harbor Police Department (OHPD) does work with its federal partners but takes no active role under our State guidelines. OHPD does not interfere with the federal officers, and provides no information to them, and offers no cooperation, but cannot stop them.. Councilmember Armes reported the release of the Coho salmon raised at the City of Oak Harbor Marina was well-attended. Members of the Swinomish Tribe participated and blessed the salmon. The goal of the program is for the salmon to return as adults to these waters. Councilmember Woessner suggested that perhaps the Municipal Resources Service Center (MRSC) could be used to assist in an employee morale survey. He noted it was difficult for the Council to ad- dress any potential concerns raised in an anonymous survey. Councilmember Woessner noted the Council, and the Mayor were making an effort to make things better and this was a way to gauge how they were doing. Mayor Wright fully agreed and supported transparency, and the use of a third-party consultant. Councilmember Marrow inquired when the last employee morale survey was conducted. Mayor Wright and members of the Council noted it was between two and three years ago. Mayor Pro Tem Hizon congratulated Mayor Wright on obtaining his Certificate of Municipal Leadership (CML) from the Association of Washington Cities. To receive the certificate, you must earn 30 CML credits and complete at least one training course in each of the five competency areas below. A mini- mum of five (5) credits in each competency area is highly recommended. • Roles, responsibilities, and legal requirements (R) – focuses on elected official roles and re- sponsibilities, legal issues, meeting management, and records management • Public sector resource management (P) – focuses on fiscal, finance, and forecasting • Community planning and development (C) – focuses on land use, infrastructure, zoning, annex- ation, strategic planning, and economic development • Effective local leadership (E) – focuses on soft skills, human resource development, and com- munity outreach • Diversity, equity, inclusion, and belonging (D) – focuses on ways to build more equitable com- munities Mayor Pro Tem Hizon noted Councilmember Marshall received his CML last year as well. Regular Meeting Minutes May 6, 2025 Page 5 of 9 6. PUBLIC HEARINGS & MEETINGS a. Ordinance No. 2020: Proposed code amendments to Oak Harbor Municipal Code Sections 19.08.120 and 19.08.676 Senior Planner Lindenburg reviewed the proposed amendments and draft changes to Section 19.08 “Definitions” of the Oak Harbor Municipal Code (OHMC) describing definitions for building lines and daycares. He explained that two definitions within Title 19.08 of the OHMC are up for review to address potential confusion and conflict with state regulations. “Building Line” definition - Recently, several building permits were submitted to City staff for review that were denied because of designs that included fireplaces intruding into the side yard setback. The ap- plicant asked staff to investigate allowing for relief to setback requirements in certain cases, including the construction of fireplaces in single-family homes, stating that it was not typical in some nearby cities. After research, staff found that some Washington peer municipalities allow for intrusion of fireplaces, bay windows and other features into setback areas, while the OHMC only allows for eaves in the set- back. Currently, the amount of intrusion for eaves is three (3) feet, which is more than is typically al- lowed by other communities. Senior Planner Lindenburg noted there are situations where an intrusion into the setback is appropriate and still maintains the intent of the regulation. Staff recommends the definition of “building line” in OHMC 19.08 be amended to allow for certain architectural features and fireplaces to intrude into the setback area. Living spaces such as bay windows are intentionally not permitted to intrude as those areas include windows and living space and should still abide by the existing regulations. The proposed revision to the definition would allow other features beside eaves to intrude into the setback area up to two (2) feet. This would be in line with other nearby jurisdictions and address the realities of the smaller lots of today’s developments. “Daycare” definition - As a result of a recent application for a new daycare facility within the City, staff discovered a potential discrepancy between the outdoor play area requirements set forth within OHMC 19.08 “Definitions” and what is required by the State of Washington. Staff endorses the state regulations as better serving the community based on the expertise of those charged with the regulation of childcare facilities. Staff have provided a revised definition that moves away from regulating the amount of out- door play area for daycare facilities and instead follows the standards set by the state. This proposed language for the code amendments was presented to the Planning Commission, who forwarded a positive recommendation to the Council at their April 8, 2025 public hearing. Public notice was given of this hearing per the standards found in the OHMC. The process also included a ten (10) day expedited review notification to the Department of Commerce. The City has received no comments from this process. A SEPA checklist was prepared, and a Determination of Non-Significance was is- sued with zero comment or appeal from the public. Mayor Wright opened the public hearing and confirmed no comments had been received. He requested comments from those members of the public in attendance. Hearing none, he closed the public hearing and called on the Council for their comments. Councilmember Marshall noted the ordinance excluded bay windows but inquired about a “garden” window. Senior Planner Lindenburg noted those projections must be three feet from the property line. Regular Meeting Minutes May 6, 2025 Page 6 of 9 Motion: Mayor Pro Tem Hizon moved to approve Ordinance No. 2020 adopting changes to Oak Harbor Municipal Code (OHMC) Title 19.08. Councilmember Wiegenstein seconded the motion, which passed unanimously. b. Ordinance No. 2021: Amendment No. 1 to the 2025-2026 Biennial Budget Finance Manager Webster reviewed the proposed amendment, assisted by Deputy City Administrator and Finance Director Goldman. She explained this was a mid-year “true-up” budget amendment that considers City Council actions and annual grants that have occurred year-to-date, as well as new items. A budget amendment is when the overall amount of a fund’s budgeted appropriation increases. Amend- ments require a public hearing and approval of an ordinance. A budget adjustment is the movement of an existing budget appropriation within a fund with no increase in the overall fund’s budget appropria- tion. Amendments: • 2025 and 2026: $16,700 grant funds for Axon Body-Worn and Digital Evidence Storage to amend the General Fund (Fund 001) budget for Axon Body-Worn and Digital Evidence Storage Five (5) -year contract using Department of Justice (DOJ) Small Rural Tribal Body Worn Cam- era (BWC) grant funds. This was presented to and approved by the City Council on December 17, 2024. • 2025: $201,156 of fund balance from: Arterial Capital Projects Fund, Streets Capital Projects Fund, Transportation Impact Fees Fund, and Water Capital Projects Fund for the additional 10% contingency for NE 7th Ave Reconstruction Project. Adjustments: • 2025: $69,700 use of General Fund (Fund 001) ending fund balance for the Impact Fee Study under Contract with FCS, a Bowman Company, using General Fund ending fund balance. This was presented to and approved by the City Council on December 17, 2024. • 2025: $35,300 use of Water Fund (Fund 401) ending net position for Cathodic Protection Sys- tem for the City’s North Water Reservoir. This was presented to and approved by the City Coun- cil on January 21, 2025. • 2025: $13,800 use of General Fund (Fund 001) ending fund balance for Outfitting of two (2) 2024 Chevrolet Blazer Electronic Vehicle (EV) Sport Utility Vehicles (SUVs). This was pre- sented to and approved by the City Council on January 21, 2025.. • 2025: $40,000 use of General Fund (Fund 001) ending fund balance for $30,000 Public Safety Facility Feasibility Study and $10,000 Earnest Money Deposit. This was presented to and ap- proved by the City Council on February 18, 2025. New and/or Previously Discussed Items: • 2025: $390,000 use of General Fund (Fund 001) ending fund balance for $295,000 for the five (5) police officers and $95,000 one-time purchase of equipment that will be partially funded by the DOJ COPS Hiring Grant. Grant revenues were included in the 2025-26 Biennial Budget which had the effect of increasing the ending fund balance. This adjustment is simply to use those funds for the purpose they were intended for in addition to allocating matching funds. • 2025: $128,000 use of General Fund (Fund 001) ending fund balance for the purchase of four (4) vehicles and pieces of equipment as follows: o $48,000 - Vehicle/ Equipment - Ford Pickup 4WD for the Development Services Department o $48,000 - Vehicle / Equipment - Gator 202A Half Cab for Parks Operations o $10,000 - Vehicle / Equipment - Buffalo Turbine Blower for Parks Operations o $22,000 - Vehicle / Equipment - Overseed Attachment for Parks Operations Regular Meeting Minutes May 6, 2025 Page 7 of 9 Per the City’s financial policies, individual vehicles and equipment equal to or over $50,000 are included in the Capital Budget, while if they are under $50,000 they are included in the Operating Budget. A list of vehicles and equipment totaling $342,500 was inadvertently left out of the budget process. After careful review with a focus on efficiency, resource sharing, and field improvement, we have reduced the request by $215,400 down to $128,000. • 2025: $30,200 use of General Fund (Fund 001) ending fund balance for the biohazardous homeless encampment environmental cleanup at NE 7th Avenue and Freund Marsh. The source of funding for this will be the Opioid Settlement Funds that the City has previously re- ceived. • 2026: $625,000 use of General Fund balance for the 5 police officers partially funded by DOJ COPS Grant. Grant revenues were budgeted in 2025-26 Biennial Budget. • 2026: $31,200 use of General Fund (Fund 001) ending fund balance for anticipated biohazard- ous homeless encampment environmental cleanup activities. The source of funding for this will be the Opioid Settlement Funds that the City has previously received. Finance Manager Webster displayed a chart of the budgeted ending fund balance summary for 2025 and a chart showing the effect of the budgeting adjustments for the ending balance summary for 2026. Mayor Wright opened the public hearing and confirmed no comments had been received. He invited members of the public to provide comments. Hearing none, he closed the public hearing and called on the Council for their questions and comments. Councilmembers Marrow, Woessner, Marshall and Mayor Pro Tem Hizon provided their respective questions and comments. Motion: Councilmember Marrow moved to adopt Ordinance No. 2021 Budget Amendment No. 1 amending the 2025-2026 Biennial Budget; adopting an updated wage and salary schedule and plan of classification. Mayor Pro Tem Hizon seconded the motion, which passed by a vote of 5-2 with Coun- cilmembers Marshall and Woessner opposed. 7. ORDINANCES & RESOLUTIONS None 8. CONTRACTS & AGREEMENTS None 9. OTHER ITEMS FOR CONSIDERATION a. Funding Authorization for Pacific Northwest Chalkfest – Whidbey Island 2026 Parks and Recreation Director Smith reviewed the item. He explained this was a funding authorization for an additional $23,000 from Creative Arts Fund 115 to supplement the Pacific Northwest ChalkFest - Whidbey Island 2026 event. If approved, staff will include this amount in a forthcoming budget amend- ment. This item was reviewed during the April 22, 2025 City Council Workshop. The festival event will be accomplished with the help of an event management firm. It was moved to the summer of 2026 to allow for additional planning and preparation needed to include international artists. Director Smith explained the event would be a great tourism attraction and a platform for local artists. As many as 3,000 attendees are anticipated daily. The festival has separate categories for “copyists,” who reproduce famous paintings; “free artists,” who create original two-dimensional works; Regular Meeting Minutes May 6, 2025 Page 8 of 9 and 3-D artists, whose work may be realistic or fantastical. The festival will also make room for children, teens and amateurs. Event Budget: • Festival Costs: $5,000 (permits, supplies, vendors) • Artists: $40,000 (artists fee, travel, accommodations, materials) • Marketing & Promotion: $5,000 (print, digital, social media ads, local media) • Event Production & Management: $25,000 (securing talent, hotel rooms, airport transportation, staff, insurance, and event logistics, event infrastructure: tents, signage, chalk, supplies etc.) Total Budget: $75,000 Funding Allocation: • Lodging Tax Advisory Committee (LTAC): Grant awarded $17,000, approved by the City Coun- cil on November 19, 2024 • Creative Arts Fund: Budgeted $35,000 • Additional Funding Request: $23,000 from Creative Arts Fund Balance, which is $202,287. Director Smith noted the additional funding will also allow the City to provide Promotion, Music Enter- tainment, Food Trucks, Port-a-lets, Kid Zone to do chalk art and other supplemental Festival Activities. Mayor Wright confirmed no public comments had been received and requested any comments from the public in attendance. Hearing none, he called on the Council for their comments. Mayor Pro Tem Hizon and Councilmembers Woessner, Marshall, Stucky, and Marrow provided their respective questions and comments. Motion: Councilmember Marrow moved to approve authorized the use of the Creative Arts Fund in the additional amount of $23,000 to supplement the Pacific Northwest ChalkFest - Whidbey Island 2026 event. Councilmember Armes seconded the motion, which passed unanimously. 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 6:50 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes May 6, 2025 Page 9 of 9