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HomeMy WebLinkAboutITEM III-GCITY OF* tup-N-- WASHINGTON CITY COUNCIL COMMITTEE OF THE WHOLE March 31, 2008 5:00 PM Council Chambers MINUTES I. Call to Order Mayor Pro Tem 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. Page 1 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 Tem 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 Page 2 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 Page 3 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 Page 4 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 Page 5 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 Tern 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. Page 6 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 Tern 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 Page 7 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 Page 8 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 Page 9 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. Page 10 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 Tem 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. Page 11 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. Prepared by: Cathy Richardson, Deputy City Clerk Page 12