HomeMy WebLinkAbout03-31-2008CITY COUNCIL
COMMITTEE OF THE WHOLE
March 31, 2008 5:00 PM
Council Chambers
MINUTES
Call to Order
Mayor Pro Tern Sue Singer called the meeting to order at 5:01 p.m. in the
Council Chambers at Auburn City Hall located at 25 West Main Street, in
Auburn.
Mayor Peter B. Lewis and the following Councilmembers were present:
Rich Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill Peloza, and
Lynn Norman. Councilmember Virginia Haugen was excused.
Staff members present included: City Attorney Daniel B. Heid, Police
Chief Jim Kelly, Public Works Director Dennis Dowdy, Planning, Building
and Community Director Cindy Baker, Transportation Planning/Grants
Manager Tiffin Goodman, Traffic Manager Laura Philpot, Risk Manager
Rob Roscoe, Principal Planner Elizabeth Chamberlain, Finance Director
Shelley Coleman, Principal Planner Jeff Dixon, and Deputy City Clerk
Cathy Richardson.
II. Quasi-judicial Role
City Attorney Daniel B. Heid reported on staff findings with regards to
quasi-judicial roles of the City Council.
Attorney Heid suggested that City Council may wish to focus on
standards, codes, and issues that are implemented by the decision
making process rather than participating in the quasi-judicial role. Council
could then precisely define legislative parameters so as to identify the
scope of what quasi-judicial decision makers could employ. In those
regards, Councilmembers would then be free to talk to constituents and
participate in the process that is involved in setting those types of
standards. Quasi-judicial matters include issues that involve either
specific applications for projects or affect a refined or small number of
people, rather than issues that affect the city as a whole.
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City of Auburn Committee of the Whole Minutes — March 31, 2008
Attorney Heid referenced the Mission Springs case in which the Spokane
City Council decided to direct their staff to reject a permit application that
the applicant was entitled to under the their city code. The court was very
harsh with Spokane City Council which prompted the City of Spokane to
revisit and make changes to its form of government. Attorney Heid
introduced Washington Cities Insurance Authority (WCIA) Executive
Director Lew Leigh.
Mr. Leigh stated that WCIA suggests that Council find ways to improve
their risk profile, particularly in the area of land use exposure. Land use
issues require more sophistication as they are very complicated. The
courts are making it very punitive to cities in the event of an appeal. Mr.
Leigh referred to anticipated expenses related to a current City of Auburn
court case and the court's opinion of the development agreement
application. Mr. Leigh stated that the courts are property rights activists
and suggested that the City needs a new procedure to combat that by
becoming more strategic with regard to the land use pipeline. Council
needs to be focused on the beginning of the pipeline, such as zones,
codes, comprehensive plans, etc., and not the end of the pipeline, such
as staff issues related to c-curbs and intersection design, etc. By focusing
on the beginning of the land use pipeline, only Council can be effective
and change the vision of the City. WCIA suggests that the City of Auburn
use the Hearings Examiner system, waive their appeal process, and let
the courts decide. Mr. Leigh reviewed risks involved with regard to acting
in a quasi-judicial role.
Councilmember Wagner stated that the City's most recent problems have
been in connection with development agreements and Planned Unit
Developments (PUD) and not with adhering to the City Code.
Councilmember Wagner spoke regarding the magnitude of the process
involved in reviewing all of the City Code and suggested that Council may
want to consider giving up the development agreement/PUD process as it
is at the end of the decision making pipeline.
Mayor Pro Tern Singer pointed out that there are very few cities the size
of Auburn within Washington State that use their council in the appeal and
quasi-judicial roles and expressed concerns regarding the risks involved.
Mayor Lewis spoke regarding ever changing laws and the court
interpretations of those laws with regard to quasi-judicial roles.
Councilmember Peloza expressed opposition regarding communication
limitations that are imposed upon Councilmembers when serving in a
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City of Auburn Committee of the Whole Minutes — March 31, 2008
quasi-judicial role. Councilmember Peloza stated that it limits his ability to
fully represent his constituents.
Councilmember Backus stated that, although the Hearing Examiner
system may reduce the risk, the City is always susceptible to lawsuits.
Although she is not opposed to being removed from the quasi-judicial role,
she will not be comfortable with that change until updates have been
made to the Comprehensive Plan and City Code.
Councilmember Cerino stated that, unless there is a very defined process
that must be followed by those involved, staff will be unable to determine
what Council desires. He will not be comfortable changing the process
until there has been a thorough review of the City Code.
Mayor Lewis stated that code revisions are an ongoing process and
requested that Council clarify which areas of the City Code they wish to
review. Mayor Lewis stressed the importance of making a determination
very soon due to the liabilities involved.
Councilmember Backus suggested that Council review the City Code
related to the most recent liability issues first.
Councilmember Wagner pointed out that design standards are equally as
important as codes and also need review.
Discussion followed regarding liability issues and timelines related to
Comprehensive Plan, Design Standards, and City Code revisions.
Mr. Leigh made reference to a chart previously shared with Council that
showed the worst risk measured by worker hours, which is a common
nationwide denominator. Losses divided by worker hours indicated that
City of Auburn losses were the highest of its peers. Mr. Leigh stated that
the City of Renton was one of the lowest, in part because they have
removed themselves from the quasi-judicial role. Mr. Leigh reviewed
deductible processes and risk profiles.
Director Heineman pointed out that the City of Auburn pays one of the
highest premiums in the WCIA pool and reviewed the City's claims activity
and efforts to increase the City's deductible. Director Heineman
cautioned Council with regard to practices that could result in a city being
removed from the WCIA pool.
Attorney Heid stated that it is possible and consistent with State statute for
the City Council to reserve a role for itself with regard to developer
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City of Auburn Committee of the Whole Minutes — March 31, 2008
agreements to insure that Council is involved in the evaluation process at
the earliest stages of the application.
Discussion followed with regard to Council concurrence related to
accomplishing City Code, Comprehensive Plan, and Design Standards
revisions, maintaining customer relations, developer negotiations and
relations, Council's quasi-judicial role, and risk management.
III. Traffic Calming Policy
Councilmember Wagner stated that, as a result of a number of pedestrian
deaths occurring in the City of Auburn approximately eight years ago and
in an effort to improve pedestrian safety, the Traffic Calming Program was
developed in the Public Works Committee. Councilmember Wagner
proposed that Council consider adoption of the policy "Safety first, driving
convenience second". Staff has implemented a number of traffic calming
devices throughout various neighborhoods, including traffic circles, which
have improved public safety. Councilmember Wagner requested Council
concurrence with regard to adopting the "Safety first, driving convenience
second" policy.
Transportation Planning/Grants Manager Tiffin Goodman displayed a
Power Point presentation related to Councilmember Wagner's idea of
"Safety first, driving convenience second", which shows what staff is
endeavoring to establish with the Traffic Calming Program. Safety is
always the number one issue, but staff still struggles with issues of
efficiency, capacity, and convenience for drivers.
Ms. Goodman reviewed the following segments of the Traffic Calming
Program:
Objective:
• Promote safe driving in residential neighborhoods
• Discourage cut -through traffic
• Enhance neighborhood quality of life
• Encourage citizen involvement
• Help facilitate communication among neighbors (neighborhood
meetings)
• Make neighborhood streets safe for everyone
o Motorists, pedestrians, and bicyclists
Process:
• Complaint received — 12 to 24 months to resolve
• Data collection
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City of Auburn Committee of the Whole Minutes - March 31, 2008
Hidden speed study and if verified (20-25% of cases reported):
o Update signage/pavement markings
o Police enforcement
o Discuss street/neighborhood with Public Works Committee
o Meet with neighborhood
o Develop proposal
o Ballot/Petition neighborhood (70% concurrence required)
o Design and construct project
In response to questions by Mayor Pro Tern Singer regarding the time
frame for resolving issues, Mayor Lewis stated that it is dependant upon
the size of the neighborhood and can take from two weeks to two years.
In larger neighborhoods, more than one neighborhood meeting is usually
necessary, which generally comprises the bulk of the timeline. Average
time frames between meetings varies from thirty to ninety days, which
allows staff time to research the neighborhood requests and compile the
data and allows the neighborhood sufficient time to consider proposed
solutions and respond to staff.
Ms. Goodman pointed out that staff members are continually in touch with
the citizens during the process. Some neighborhoods are only requesting
more police enforcement or speed limit signs. Ms. Goodman stated that
she has not received complaints relating to the timeline. Most complaints
stem from concerns reported prior to implementation of the Traffic
Calming Program and staff tries to get them into the program as soon as
possible.
Councilmember Wagner pointed out that a certain percentage of the
neighborhood lots must agree that they want the City to review the issue.
Ballot responses must be received from 40% of the neighborhood and
70% of those responding have to agree on what they want.
Ms. Goodman reviewed the following traffic calming devices, including
criteria for installation:
Toolbox
• Speed hump
• Speed cushion
• Speed table
• Bulb out (curb extension)
• Chicanes
• Entry treatment
• Radar speed signs
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City of Auburn Committee of the Whole Minutes — March 31, 2008
Traffic circle
Ms. Goodman reviewed traffic circle navigation by standard and oversized
vehicles.
Councilmember Wagner requested verification with regard to the Revised
Code of Washington (RCW) related to left turn allowance for oversized
vehicle travel around traffic circles. Councilmember Wagner commented
that oversized vehicles are allowed to turn left in front of what they refer to
as "rotary traffic islands" in the City of Seattle.
Councilmember Norman expressed concerns related to pedestrian safety
when navigating in the area of traffic circles and requested statistics in
that regard.
Ms. Goodman indicated that staff would research installing crosswalks in
the areas referred to by Councilmember Norman.
Mayor Pro Tem Singer inquired regarding installation of landscaping
versus paving in the traffic circles.
Ms. Goodman reported that there are plans to install more enhanced
traffic circles in the future that would include appropriate, low maintenance
landscaping to be maintained by Parks Department staff or via other
programs.
Councilmember Backus expressed concerns related to resident
maintenance of landscaping and requested staff research safety and
liability issues.
Ms. Goodman reviewed the statistical findings related to the following
safety issues:
Safety
• Speed Impacts
• Collision Reduction
Discussion followed regarding various forms of possible funding for and
pedestrian safety issues related to traffic calming devices.
Traffic Manager Laura Philpot stated that staff initially brought forward the
Traffic Calming Program in an effort to provide clearly defined guidelines
for staff and to implement the program in a consistent and fair manner.
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City of Auburn Committee of the Whole Minutes — March 31, 2008
Staff is currently working on a similar plan for a mid -block crosswalk
program in an effort to provide methodology and prioritization.
Councilmembers spoke in favor of adopting the "Safety first, driving
convenience second" policy.
In response to questions from Mayor Pro Tem Singer regarding C-curbing,
Ms. Philpot stated that C-curbing is generally used as a means to allow
access without allowing full access, for instance for a new driveway or
new development when situated too close to an intersection. Other
instances may include a location with an established accident history or
repeated pattern of issues that may show up on the City's safety priority
index rating. C-curbing can often correct a pattern of accidents or traffic
hazards..
IV. Sustainability
Councilmember Wagner distributed a handout entitled "Sustainability
Policy — Balancing City Efforts to Ensure Community Sustainability as well
as Global Climate Protection".
Councilmember Wagner stated that he is presenting the information in an
effort to obtain Council consensus with regard to community sustainability
and global climate sustainability and whether these issues should be
considered separately or jointly. Much of the information is related to
public works and was obtained through various seminars and conferences
he has attended.
Councilmember Wagner reviewed the following definitions of
"Sustainability":
• Community Sustainability — Will Auburn be a vital and
environmentally responsible city fifty years from now?
• Global Climate Sustainability — Will Auburn's current and future
activities negatively affect global warming?
Councilmember Wagner reviewed the following potential areas of
sustainability action by the City:
1. Nurture community sustainability
2. Minimize impacts on the environment
3. Sponsor green projects
4. Use regional and global resources wisely
5. Reduce global warming and climate change
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City of Auburn Committee of the Whole Minutes — March 31, 2008
Councilmember Wagner noted that the U.S. Mayor's Climate Protection
Agreement, which Mayor Lewis signed, and the October 2007 Association
of Washington Cities Conference Report are included in the Appendix.
Sustainability Action 1 — Nurture Community Sustainability
Councilmember Wagner presented graphs depicting results from a fifteen
member panel, sponsored by Sustainable Seattle, representing the City of
Auburn's assets and concerns related to community sustainability.
Councilmember Norman pointed out that the fifteen member panel
consisted of a neighborhood group, not a diverse citywide group, and
represents the opinion of a specific economic group rather that
widespread opinion.
Councilmember Wagner suggested that Council consider including the
issue of sustainability and global warming in terms of a sense of
community and responsibility in its annual survey.
Mayor Lewis reported that he cautioned those participating in the U.S.
Mayor's Climate Protection Agreement that citizens would not be
amenable to mandates that tried to dictate their purchases. He also
applauded efforts made by local governments with regards to their
innovative efforts, such as flex -cars, to reduce global warming and
enhance sustainability.
Mayor Lewis suggested that Council may want to consider a "green"
survey separately from the annual survey and requested Council input
with regard to types of questions or areas of interest for such a survey.
Councilmember Norman suggested that some "green" questions should
also be included in the annual survey.
Councilmember Wagner stated that the "green" survey could be useful in
determining where citizens thought Council efforts should be expended in
the potential areas of sustainability action.
Discussion followed regarding possible questions or areas of interest that
might be included in the "green" survey.
Sustainability Action 2 — Minimize Impacts on the Environment
Councilmember Wagner reviewed examples to minimize impacts on the
environment, as follows:
• Storm water control
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City of Auburn Committee of the Whole Minutes — March 31, 2008
• Energy efficient building codes
• LEED Certification (Green Building Council)
• Pollution elimination
• Solid waste recycling
• Salmon habitat preservation
• Air quality enforcement
• Water quality management
• Gray water recycling
Councilmember Wagner pointed out that only 1,000 commercial buildings
in the United States have been certified green.
Discussion followed regarding the LEED Certification program, air quality
enforcement, vehicle emissions, storm water controls, and competing
sustainability issues.
Sustainability Action 3 — Sponsor Green Projects
Councilmember Wagner reviewed the following examples currently being
done in Auburn related to sponsoring green projects:
• Auburn Environmental Park
• Green River enhancement, Fenster Property
• Green Zone
• Veterans Park demonstration garden
• Green recreation programs
• Wetland Mitigation Bank
Councilmember Wagner suggested that Council may want to enhance
recycling efforts with public/private partnerships as a future green project.
Sustainability Action 4 — Use Regional and Global Resources Wisely
Councilmember Wagner reviewed the following actions currently
employed at the City of Auburn related to use of resources:
• Reduce fossil fuel use
• Encourage hybrid vehicle
• Commute Trip Reduction
• Promote mass transit
• Conserve water
• Reduce energy consumption
• Recognize full "system" effects, not just isolated effects
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City of Auburn Committee of the Whole Minutes — March 31, 2008
Councilmember Wagner suggested a future action may include reduction
in City vehicle mileage.
Sustainability Action 5 — Reduce Global Warming and Climate Change
Councilmember Wagner reviewed the following issues related to global
warming and climate change:
• Scientific controversy remains
• Disagreement on what the major causes are, natural or man-made
• Agreement that warming is occurring, relative to the last 12,000
years
• CO2 emissions from human activity contributes, but China
contributes much more than the United States
• Passage of Senate Bill 6580, "Local Solutions for Climate Change"
(Pilot plan not a Growth Management Act mandate)
• Potential coalitions of cities for economy of scale
• National League of Cities Energy and Environment Committee
(Councilmember Peloza, Auburn's representative)
• Association of Washington Cities workshops (next workshop on
April 16, 2008 in Tacoma) (October report attached)
• U.S. Mayor's Climate Protection Agreement attached (very broad
and ambitious)
Councilmember Wagner offered his estimated relative level of City effort
in the five action areas:
1. Nurture community sustainability (60%)
2. Minimize impacts on the environment (25%)
3. Sponsor green projects (5%)
4. Use regional and global resources wisely (9%)
5. Reduce global warming and climate change (1 %)
Discussion followed regarding the benefits and disadvantages with
requiring "green" development.
Councilmember Wagner presented the following possible policy statement
as a starting point for expansion by staff and future Council review and
consideration with regard to sustainability.
The City of Auburn will act in such a way that sustainability on the local,
regional, national and global level is enhanced.
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City of Auburn Committee of the Whole Minutes — March 31, 2008
The City will enlist cooperation and advice from citizens and the business
community.
Such actions will include, but not be limited to:
(a) nurturing Auburn to be environmentally, economically and
socially vital,
(b) enacting "green" construction standards that make good financial
sense,
(c) promoting local environmental preservation,
(d) using energy and other resources prudently, and
(e) avoiding actions that contribute to global warming.
Mayor Pro Tern Singer expressed concerns with the wording under item
(e) and suggested the policy statement should including language with
regard to providing leadership through example.
Council requested that staff prepare a sustainability policy resolution
utilizing the suggestions above and present it to the Planning and
Community Development Committee.
At 7:12 p.m., Mayor Pro Tern Singer recessed the meeting for a five
minute intermission.
Mayor Pro Tern Singer reconvened the meeting at 7:16 p.m.
IV. Downtown Redevelopment
Mayor Lewis referred to the evaluation criteria related to the four block
Downtown Redevelopment Request for Proposals (RFP). Stratford
Company and Alpert International responded to the RFP. Mayor Lewis
requested Council consensus on which proposal matches the Council's
vision for future development in downtown Auburn and which proposal
they would prefer staff to proceed forward with in regards to the
negotiation process. The agenda modification includes documentation
previously submitted to Council for review. Consensus with regard to one
proposal will not eliminate the other proposal.
Councilmembers spoke in favor of proceeding, through the Downtown
Redevelopment Committee, with the negotiation process with the Alpert
International proposal.
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City of Auburn Committee of the Whole Minutes — March 31, 2008
V. ADJOURNMENT
There being no further discussion, the meeting adjourned at 7:30 p.m.
a
Prepared by:
Cathy Richa son, Deputy City Clerk
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