HomeMy WebLinkAbout03-14-2016 Minutes an,oF •�---�, Special City Council Meeting
r7r� , , March 14, 2016 - 4:00 PM
V�_�. Auburn City Hall
��-� 'WASFiINGTON MINUTES
I. CALL TO ORDER
Mayor Nancy Backus called the special meeting of the Auburn City Council to
order at 4:00 p.m, in the Council Chambers of Auburn City Hall located at 25
West Main Street in Auburn.
City Councilmembers presenf: Deputy Mayor Wales, Bob Baggett, Claude
DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel and Rich Wagner.
Department directors and staff members present included: City Attorney Daniel
B. Heid, Innovation and Technology Director Paul Haugan, Director of
Administration Dana Hinman, Community Development and Public Works
Director Kevin Snyder, Police Chief Bob Lee, Parks, Arts and Ftecreation
Director Daryl Faber, Assistant Director of Engineering Services/City Engineer
Ingrid Gaub, Assistant Direcfor of Community Development Seryices Jeff Tate,
Planning Services Director Jeff Dixon, Utilifies Engineering Manager Lisa
Tobin, Engineering Aide Amber Price, Storm Drainage Engmeer Tim Carlaw,
Property and Facilities Analyst Josh Amdt, Community Development Budget
and Business Manager Darcie Hanson, Water Quali4y Program Coordinator
Chris Thorn, and Deputy City Clerk Shawn Campbell.
II. PUBLIC HEARINGS
q. Public Hearing for Franchise Agreement No. 10-23 (Snyder)
City Council to conduct a public hearing in consideration of renewal of
Franchise Agreement No. 10-23 for New Cingular Wireless PCS, LLC
Engineering Aide Amber Price presented the staff report for the public
hearing on Franchise Agreement No. 10-23 for New Cingular Wireless
PCS, LLC. New Cingular Wireless PCS, LLC has applied for renewal and
correction to their existing Franchise Agreement to continue to operate a
wireless telecommunications facility adjacent to 2604 Auburn Way North
and within the City's rights-of-way. The wireless facilities are located on
top of a 94-foot 7-inch Puget Sound_ Energy pole and associated
transmission equipment and conduit located in the City's righf-of-way.
The current Franchise Agreement will expire on March 21, 2016. If the
renewal of the franchise is granted, the agreement will be extended for one
additional five-year term and Exhibit A of the original Franchise Agreement
(Ordinance No. 6344) will be replaced with a corrected Exhibit A. The
corrections on the exhibit are for latitude and longitude coordinates. Any
future changes to the facilities would be managed through the City's
permitting processes that are a requirement of the existing Franchise
Agreement.
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Mayor Backus opened the public hearing at 4:03 p.m.
Colin Robinson of New Cingular Wireless, 8210 154th Avenue SE,
Redmond
Mr. Robinson spoke in favor of the Franchise Agreement and expressed
appreciation to City staff for their assistance.
B. Public Hearing on the Draft 2016 Stormwater Management Program Plan
(Snyder)
City Council to conduct a public hearing to receive public comments and
suggestions on the 2016 Stormwater Management Program Plan
Storm Drainage Engineer Tim Carlaw presented the staff report for the
public hearing on the draft 2016 Stormwater Management Program Plan.
Engineer Carlaw recalled that staff presented the draft 2015 annual report
and the draft 2016 Stormwater Management Program Plan at the February
8, 2016 Council study session. The 2015 Stormwater Annual Report
provides a summary of the activities performed last year to meet the
requirements of the National Pollutant Discharge Elimination System
permit. The 2016 Stormwater Management Program Plan outlines the
activities to be performed by the City in 2016. Implementation of the
Stormwater Management Program Plan is designed to reduce the
discharge of pollutants, protect water quality, and meet the requirements of
the Federal Clean Water Act:
The public hearing this evening concludes the overall public comment
process.
Mayor Backus opened the public hearing at 4:07 p.m. No one in
attendance addressed the Council, and the hearing was closed.
III. CONSENT AGENDA
AlI matters listed on the Consenf Agenda are considered by the City Council to
be routine and will be enacted by one motion in the form listed.
A. Public Works Contract No. 16-11 (Snyder)
City Council to award Contract No. 16-11 to Jaymarc AV based on their
proposal to provide and install Audio Visual (AV) equipment for the new
Community and Teen Center
Deputy Mayor Wales requested that the 2016 Annual. On-Call Agreement
be considered separately, and the item was moved from the Consent
Agenda to Unfinished Business.
Deputy Mayor Wales moved and Councilmember Holman seconded to
adopt the Consent Agenda.
Public Works Contract No. 16-11 relates to the procurement and
insfallation of audio visual systems and equipment fo�the new Community
and Teen Center.
In response to questions from Councilmember Wagner, Director Haugan
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stated he is very familiar with the systems proposed and the consulfants
did a good job of designing the system, which can be termed state of the
art.
Councilmember DaCorsi noted the Engineer's Estimate is lower than the
contractor's submission. Assistant Director of Engineering Services/City
Engineer Gaub explained the engineer's estimate was developed by the
City's consultant. Director Faber added that the engineer's estimate was
developed over a year ago and changes were made to the configuration of
the AV system since that time. Both contractors' proposals are below the
budgeted allocation.
Assistant Director Gaub noted that state allows a negotiated process for'
technology improvements.
MOTION CARRIED UNANIMOUSLY. 7-0
IV. UNFINISHED BUSINESS
q. 2016 Annual On-Call Agreements (Snyder)
City Council to approve the annual On-Call Professional Service
agreements for 2016
Deputy Mayor Wales moved and_Councilmember Holman seconded to
approve the 2016 Annual On-Call Agreements.
Assistant Director of Engineering Service.s/City Engineer Gaub explained
that annual on-call agreements are used to supplement the City's staff
resources or to perform specialized services not available within the City.
Each agreement is written with the total "not to exceed" amount for the
year. Actual work and expenditures under each agreement are authorized
by the City through specific Task Orclers providing for a specific scope of
work, schedule and budget for the work to be completed by the consultant.
Annual on-call agreements are used for a variety of disciplines and
services, including geotechnical, land survey, wetland and environmental,
testing, transportation modeling, roadway design, utility design,
construction support services, structural design, and water and sewer
design.
In response to a question from Councilmember Peloza, Ms. Gaub
explained the 2016 contract amounts for various agreements exceed the
amounts established or spent in previous ye.ars. This increase reflects an
anticipated increase in utilization of on-call consultants for capital projects.
MOTION CARRIED UNANIMOUSLY. 7-0
V. ORDINANCES
A. Ordinance No. 6586, First Readi.ng. (Snyder)
An Ordinance of the City Council of the City of Auburn,
Washington, authorizing the renewal of Franchise Agreement No. 10-23
and amendment of Ordinance No. 6344 wifh New Cingular Wireless PCS,
LLC Page 3 of7
Councilmember Holman moved and Councilmember DaCorsi seconded to
adopt Ordinance No. 6586.
Ordinance No. 6586 approves the renewal of a franchise agreement with
New Cingular Wireless for facili4ies at 2604 Auburn Way North.
In response to a question from Councilmember Wagner regarding the
franchise area of a 10 foot radius centered from the coordinates, Assistant
Director of Engineering Services/City Engineer Gaub explained the radius
is from the pole, and is for the equipment, which is the antenna on fop of
the pole. The 10 foot radius puts 4he antenna a little over the pavement
area, but the antenna is approximately 80 feet in the air.
Councilmember Peloza inquired regarding the performance security
provisions of the ordinance. Assistant Director of Engineering
Services/City Engineer Gaub expiained the financial security for franchise
agreements is usually in the form of a bond or le4ter of credit for any
damage that might occur to the City's right-of-way.
Ms. Gaub also noted the franchisee pays a franchise application fee, and
the City can charge the franchisee for the cost of administering the
franchise through a franchise fee. Additionaliy, the City collects a utility
tax.
B. Ordinance No. 6589, First Reading (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
approving the Final Plat of Canyon Creek at Peasley - Division 1
Councilmember Peloza moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6589.
Councilmember Peloza inquired regarding storm drainage. Assistant
Director of Engineering Services/City Engineer Gaub explained the
engineers for the developer design the storm drainage system, but City
staff review and approve their reports and their design. The developer's
engineers or consultants design according to the City's Stormwater
Management Manual requirements.
Councilmember DaCorsi inquired regarding the Hearing Examiner Finding
regarding the treatment for the LOS violation at 51 st Avenue and 316th
Street. Assistant Direcfor/City Engineer Gaub explained 316th Street is a
City of Auburn street, while 51 st Avenue is a King County road; and there
are two different levels of standards between the two junsdictions. The
developer met the requirement for the King County road (LOS E) but did
not meet the requiremen4 of the Ci4y (LOS D) on 316th Street. The
developer is required to widen a portion of 316th Street and construct a
left-turn pocket on 316th Street.
VI. RESOLUTIONS
A. Resolution No. 5213 (Snyder)
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A Re.solution of the City Council of the City of Aubum, Washington,
Amending Section D, Auburn Municipal Airport Fees, of the current City of
Auburn Master Fee Schedule
Deputy Mayor Wales moved and Councilmember Peloza seconded to
adopt Resolution No. 5213.
Deputy Mayor Wales explained the resolution and amendment of the fee
schedule will allow the Mayor to authorize the waiver of rental fees for one
open hangar space rental and one storage space for the Civil Air Patrol.
MOTION CARRIED UNANIMOUSLY. 7-0
g. Resolution No. 5214 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to negotiate agreements and execute documents
necessary for rights-of-way and easements for property rights related to
City Project No. C222a — S 277th Street Corridor Capacity & Non-
Motorized Trail Improvements
Deputy Mayor Wafes moved and Councilmember Holman seconded to
adopt Resolution No. 5214.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 5215 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
amending fhe moratorium adopted and established by Resolution No.
5194, which established a moratorium on the allowance, acceptance or
processing of applications for business licenses and other licenses,
permits and approvals for marijuana /cannabis related businesses and
uses
Councilmember Peloza moved to table Resolution No. 5215. There was
no second.
Councilmember Holman moved and Deputy Mayor Wales seconded to
adopt Resolution No. 5215.
Councilmember Holman explained that Resolution No. 5215 amends the
moretorium implemented by Resolution No. 5194 to allow I-502
businesses to operate, but would remain in effect as to other businesses
(that could relocate).
Mayor Backus added that in 2012 the voters of the state approved Initiative
502 (I-502) to legalize recreational marijuana. Subsequently, the City
developed an approach whereby the City is not the licensing agent for
marijuana businesses, but the businesses were not prohibited. Instead,
the City left the licensing and regulation to the State. The Washington
State Liguor and Cannabis Board (WSLCB) allocated fwo retail marquana
establishments in the city of Auburn. One of the establishments is already
open and operating on A Street SE. The second licensee had_intentions of
opening an I-502 retail marijuana business off of 15th Street NW in
Auburn.
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Last year, I-552 was enacted authorizing an increase in the number of
marijuana businesses in jurisdicfions across the state. Under I-502,
licensees are allowed to use the license only in the city where it was
originally allocated. Under I-552, license locations can be relocated. I-502
licensees cannot move 4heir license from one jurisdiction to another.
The City then enacted a moratorium via Resolution No. 5194 on January 4,
2016.
The second I-502 retail establishment in Auburn has been working on
necessary tenant improvements for their location off of 15th Street NW.
They have requested to open and operate under the original I-502
e.nactment. The WSLCB has agreed to treat marijuana related businesses
different, depending upon whether fhey fall under I-502 or subsequent
legislation.
The amendment to the moratorium under considerafion this evening only
refers to the second establishment allocated and licensed under I-502
(located off of 15th Street NV�.
Councilmember Holman noted all other terms of the moratorium remain
unchanged.
In response to questions from Councilmember Peloza, City Attorney
Heid responded the initial work plan was incl,uded in Resolution No. 5194
and designated fhe Planning Commission wi4h the responsibility for holding
hearings, evaluating options, and making recommendations for future
action.
Councilmember Peloza inquired as to the status of the proposed retail
marijuana business at 2801 Auburn Way South. Mayor Backus advised
fhe proposed retail business at 2801 Auburn Way South is an I-552
licensee and has not been issued its license by the WSLCB. Mayor
Backus also reported the City has transmitted a letter to the 1IVSLGB
opposing the loca4ion of the business within 1,000 feet of a transit center.
Councilmember Peloza requested that the Council be provided with a copy
of the letter transmitted to the WSLCB regarding the retail marijuana
business at 2801 Auburn Way South.
In response to questions from Councilmember Wagner, City Attorney Heid
stated if the recommendation from the Planning Commission is to treat
I-502 businesses differently than the I-552 businesses, and based upon
the City's meeting with the WSLCB, the City should be able to
"grandfather" the two I-502 businesses and ban all I-552 businesses. City
Attorney Heid also stafed fhat all appellate reviews of a city's authority
issue a moratorium and to ban marijuana businesses have been upheld.
MOTION CARRIED UNANIMOUSLY. 7-0.
D. Resolution No. 5218 (Hinman)
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A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a Construction Agreement between the
City of Auburn and Habitat for Humanity
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded
to adopt Resolution No. 5218.
MOTION CARRIED UNANIMOUSLY. 7-0
VII. ADJOURNMENT
There being no further business, the meeting adjoumed at 4:52 p.m.
APPROVED the 21 st day of March, 2016.
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ANCY S, AYO Danielle Daskam, City Clerk
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