CITY OF UNIVERSITY PLACE
Regular Meeting of the City Council
Monday, April 7, 2014
City Hall, Windmill Village
1. CALL REGULAR MEETING TO ORDER – MAYOR
Mayor McCluskey called the Regular Meeting to order at 6:30 p.m.
2. ROLL CALL AND PLEDGE OF ALLEGIANCE
Roll call was taken by the City Clerk as follows:
Councilmember Belleci Present
Councilmember Grassi Present
Councilmember Keel Present
Councilmember Nye Present
Councilmember Worthington Present
Mayor Pro Tem Figueroa Present
Mayor McCluskey Present
Staff Present: City Manager Sugg, City Attorney Victor, Executive Director/ACM Craig, Police Chief Blair, Planning and Development Services Director Swindale, Public Works, Parks & Recreation Director Cooper, City Engineer Ecklund, IT/Communications Manager Seesz, Maintenance & Operations Crew Chief Schmidt; Maintenance Worker III Bibby, Paralegal Grover, Project Assistant Metcalf, and City Clerk Genetia.
Councilmember Keel led the pledge of allegiance.
3. APPROVAL OF MINUTES
MOTION: By Councilmember Belleci, seconded by Councilmember Grassi, to approve the minutes of February 8, 2014, March 10, 2014 and March 17, 2014 as submitted.
The motion carried.
4. APPROVAL OF AGENDA
MOTION: By Councilmember Belleci, seconded by Mayor Pro Tem Figueroa, to approve the agenda.
The motion carried.
Association of Washington Cities (AWC) Retro Safety Academy – Kevin Schmidt and Terry Bibby were recognized by Roger Neal, AWC Loss Prevention Coordinator, for completing series of workshops from the Retro Safety Academy. They were presented the Retro Safety award for their efforts to reduce risks in the workplace.
6. PUBLIC COMMENT – None
7. COUNCIL COMMENTS/REPORTS
Councilmember Keel remarked on the City’s Public Safety proposition and indicated that the City is seeking members for the “for” and “against” committees for this ballot measure.
Councilmember Belleci recognized the home-based business community who participated at the Partner UP event.
8. CITY MANAGER’S REPORT
City Manager Sugg called the Council’s attention to an invitation to a public forum on the Global Cities Initiative. The Global Cities Initiative aims to equip city and metropolitan leaders with the information, policy ideas, and connections they need to bolster their position within the global economy. The forum is a joint project of Brookings and JPMorgan Chase and will be held on April 10, 2014 beginning at 8:30 a.m.
9A-9D. CONSENT AGENDA
Councilmember Keel requested that Item 9B be pulled from the Consent Agenda for separate consideration.
MOTION: By Councilmember Grassi, seconded by Councilmember Belleci, to approve the amended Consent Agenda as follows:
A. Receive and File: Payroll for the period ending 02/28/14, signed and dated 03/12/14, check nos. 317881 through 317902, and wires in the total amount of Two Hundred Fifty-One Thousand One Hundred Seventy-Six and 01/100 Dollars ($251,176.01); Payroll for the period ending 03/15/14, signed and dated 04/02/14, check nos. 317903 through 317919, and wires in the total amount of One Hundred Ninety-Three Thousand Six Hundred Thirty-Five and 08/100 Dollars ($193,635.08); Claims dated 02/28/14, signed 03/12/14, check no. 49979, in the total amount of One Thousand Five Hundred Fifty-Six and 06/100 Dollars ($1,556.06); Claims dated 03/14/14, signed 03/12/14, check nos. 49980 through 50029, in the total amount of One Hundred Twenty-Four Thousand Ninety-Three and 60/100 Dollars ($124,093.60); and Claims dated 03/31/14, signed 04/02/14, check nos. 50030 through 50107, in the total amount of Five Hundred Twenty-Six Thousand One Hundred Nineteen and 05/100 Dollars ($526,119.05).
B. Adopt a resolution directing the Parks and Recreation Commission to examine the benefits and potential challenges of forming a Metro Park District to fund parks and recreation including options for creating, managing and operating a District, level of funding required to meet the City’s long-term parks and recreation vision for the next twenty years. (Pulled for separate consideration.)
C. Authorize the payment of $48,567.84 for the Rainier Communications Commission invoice for 2014 membership dues covering January 1, 2014 through December 31, 2014.
D. Adopt a resolution amending and superseding Resolution No. 706 which established the Economic Development Commission to reflect a new meeting day and housekeeping changes. (RESOLUTION NO. 752)
The motion carried.
MOTION: By Councilmember Worthington, seconded by Mayor Pro Tem Figueroa, to amend the resolution to include wording that would provide direction to the Commission to evaluate options for governance, financial revenue, organizational design as it relates to operating costs, and control of assets.
The motion carried.
MOTION: By Councilmember Keel, seconded by Mayor Pro Tem Figueroa, to adopt Item 9B as amended.
The motion carried. (RESOLUTION NO. 753)
10. CHAMBERS CREEK PROPERTIES DESIGN STANDARDS ORDINANCE
Staff Report – Planning and Development Services Director Swindale provided background on the Chambers Creek Properties Standards and Guidelines. The Standards and Guidelines apply to the 930 acres of Pierce County-owned property located along the Puget Sound and extending through the cities of University Place and Lakewood. On February 7, 2000, the three jurisdictions entered into a Joint Procedural Agreement that established the process and procedures to facilitate the implementation of the Master Site Plan and the adopted design standards. The City Council approved the first update to the Chambers Creek Properties Master Plan subject to a condition that includes the revision of the Chambers Creek Properties Design Standards. Many of the standards were vague and did not include a process for review and approval of projects, and were not codified, which makes them difficult to administer. It is proposed that the existing design standards be repealed and replaced with a new set of standards that include an administrative section, goals and policies, and definitions for temporary uses for temporary structures which currently exist on the property. Other amendments include provisions for substitutions, adjustments, exceptions, joint processes, signage, landscaping and setbacks.
Public Comment – None
Council Consideration – MOTION: By Councilmember Belleci, seconded by Mayor Pro Tem Figueroa, to pass an ordinance repealing Ordinance No. 383, amending Title 19 Zoning including revisions to the Chambers Creek Properties Design Standards and amending Title 22 Administration of Development Regulations to administer the Chambers Creek Properties Design Standards.
The motion carried. (ORDINANCE NO. 636)
11. MAYOR’S REPORT
Mayor McCluskey reported on the following: University Place Refuse’s spring cleanups on April 12 and 19; marijuana and other legislative updates; required training for elected officials on Public Records Act; U.S. Open update; Sound Transit’s Seattle to Huskies Stadium link; Department of Public Health’s program on healthy communities; University of Tacoma YMCA; Prairie Line Trail connecting to Chambers Bay; Public Health’s business inspection regulations; Whole Foods ground breaking event; and 16th CAB community support. Mayor McCluskey also submitted her appointments to the Planning Commission and the Pierce County Conservations Futures Advisory Board positions which will be included in the consent agenda at Council’s next business meeting for Council confirmation.
At 7:11 p.m., Council adjourned its business meeting and recessed to Study Session.
RECESS TO STUDY SESSION
12. ZAYO FRANCHISE AGREEMENT
City Attorney Victor informed Council that the Zayo Group has applied for a franchise to install and maintain telephone infrastructure in certain portions of the City’s right-of-way. He indicated that under State law, the City is precluded from charging a franchise fee. However, they will be subject to permit fees and other administrative costs. He also noted that telephone communications are subject to utility tax. Zayo Group is a global provider of bandwidth infrastructure services.
Discussion followed with regards to the use of a public asset with no financial benefit, pavement management policy, and undergrounding utilities vs. overhead wires. Council requested an undergrounding package for study and consideration. City Attorney Victor indicated that staff will look to demonstrate the value this additional infrastructure will bring to the City; however, he reminded Council that communications infrastructure is a highly regulated environment under Federal and State laws.
13. SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN UPDATE
City Engineer Ecklund presented the proposed amendments to the City’s Six-Year Transportation Improvement Plan (TIP) for years 2015-2020. The primary changes to the TIP include updates to project schedules and costs, and updates to project funding status.
The City of University Place is required by State law to adopt and annually update a Six-Year Transportation Improvement Plan (TIP). However, the approval of the Six-Year Transportation Improvement Plan does not commit the City to any financial expenditure; rather, each project is reviewed individually by the City Council in each relevant budget cycle as a component of the Capital Improvement Plan. Its approval, however, does create eligibility for the City to apply for various grant opportunities, and provides an indication of the City’s planning direction for transportation needs.
City Engineer Ecklund requested input from Council on the 27th Street Phase II project which is on the project list. Currently the plan for this project includes undergrounding of utilities. Under the City’s franchise agreement with Tacoma Public Utilities, the City is required to pay half the cost of undergrounding utilities on City projects that require relocation and undergrounding of utilities. He indicated that if the City was to underground the utilities on 27th Street, its share of the cost would be around $1.5 million. City Engineer Ecklund noted that a grant opportunity to fund the rest of the street improvements on the other side of 27th Street is available and that applications are due at the end of the month. He asked Council’s direction on whether to pursue this grant opportunity, basically without the undergrounding of the wires, or hold off seeking funds for that portion of that portion of 27th Street until such time as funds to pay for undergrounding become available. He also addressed specifics on Bridgeport Phase IV, 44th Street and Elwood Street Safe Routes to Schools, and Cirque Drive Overlay projects.
The Council directed the staff to proceed with the grant application. A public hearing on the proposed amendments to the City’s Six-Year Transportation Improvement Plan is scheduled on April 14.
A study session on undergrounding utilities will be scheduled at a future meeting.
MOTION: By Councilmember Belleci, seconded by Mayor Pro Tem Figueroa, to switch the order of agenda items 14 and 15.
The motion carried.
14. CURRAN LEASE AGREEMENT
City Attorney Victor provided background information on the Curran House and presented the proposed lease agreement between the City of University Place and the University Place Historical Society, Inc. The lease consists of a house and property located at 4009 Curran Lane West, and is modeled after the Adrianna Hess property lease. The lease will allow the University Place Historical Society to have the opportunity to raise funds to program the facility.
Mr. Howard Lee of the University Place Historical Society summarized the lease conditions and terms, and also provided an overview of the group’s overall plan for restoring the house for public use.
Upon execution of the lease, the University Place Historical Society will become the property manager for the Curran House.
At 8:35 p.m., the Council took a ten-minute break. The study session resumed at 8:45 p.m.
15. MARIJUANA ORDINANCE
City Attorney Victor provided an overview on Initiative 502 and addressed legal concerns with regards to the State’s mandate to implement a marijuana production, processing and retail sale industry which remains a criminal violation of federal law. Based on the conflict between Initiative 502 and the marijuana-industry option of the federal Controlled Substance Act, and the uncertainty of qualified assurances about criminal prosecution for government officials and city employees, he presented a proposed legislation that takes into account all of the legal issues with regards to Initiative 502. The proposed ordinance contains a number of regulations the Council can adopt and implement, including an option on local excise tax in order to offset impact on regulatory and public safety burden, and an option for an interim prohibition similar to what the County adopted. In addition, a map depicting where marijuana businesses could locate in the City reflects limited areas that are not within the prohibited zones.
The City had adopted two six-month moratorium on marijuana businesses in the City.
City Attorney Victor recommended that Council consider enacting a local marijuana and cannabis prohibition based on the direct conflict with federal law. He noted that the Council can revisit this issue again when changes to the federal law occurs.
At 10:00 p.m., MOTION: By Councilmember Grassi, seconded by Councilmember Keel, to extend the meeting to 10:30 p.m.
The motion carried.
16. U.S. OPEN – HOST CITY WORK PLAN
Executive Director/ACM Craig, along with Rusty George and Public Relations Manager Seesz presented the overall strategies and progress of activities the City is pursuing in preparation for the 2015 U.S. Open, including goals and desired outcomes. The main focus of these strategies is in the areas of communications and branding. Rusty George presented an initial overview of signage options in the City and following Council approval will begin to develop design concepts for this signage.
Discussion about community engagement, regulations, and permitting process followed.
The meeting adjourned at 10:30 p.m. No other action was taken.