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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. Page 1 of 7 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 Page 2 of 7 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) Page 4 of 7 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. Page 5 of 7 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) Page 6 of 7 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. �����o�/ ANCY S, AYO Danielle Daskam, City Clerk Page 7 of 7