CITY OF UNIVERSITY PLACE
Special Meeting of the City Council
Monday, April 14, 2014
City Hall, Windmill Village
1. CALL SPECIAL MEETING TO ORDER – MAYOR
Mayor McCluskey called the Special 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, City Engineer Ecklund, and City Clerk Genetia.
Mayor Pro Tem Figueroa led the pledge of allegiance.
National Day of Prayer Proclamation – Added to the Consent Agenda as receive and file item. Mayor McCluskey will present the proclamation to Pastor Fay on May 1, 2014.
4. PUBLIC COMMENT – None.
5A-5F. CONSENT AGENDA
Councilmember Nye requested that Item 5E be pulled for separate consideration.
Mayor McCluskey requested that the Proclamation for the National Day of Prayer be added to the consent agenda as receive and file.
MOTION: By Councilmember Belleci, seconded by Councilmember Grassi, to approve the amended Consent Agenda as follows:
A. Receive and File: Certificate of Appreciation for Pastor Fred Fay.
B. Confirm Morry Stafford’s appointment to the Planning Commission for a term ending January 31, 2016.
C. Confirm Greg Gooch’s re-appointment to the Pierce County Conservation Futures Citizens’ Advisory Board for a four-year term ending March 31, 2018.
D. Ratify Resolution No. 753 that was adopted on April 7, 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.
E. Adopt a resolution expressing intent to expend funds in preparation for capitalizing on the impact of the 2015 U.S. Open to be held at Chambers Bay Golf Course. (Pulled for separate consideration.)
F. Adopt a resolution approving a Lease Agreement between the City of University Place and the University Place Historical Society for the Curran House substantially in the form attached hereto. (RESOLUTION NO. 754)
G. Receive and File: National Day of Prayer Proclamation. (Added for consideration.)
The motion carried.
MOTION: By Councilmember Worthington, seconded by Councilmember Belleci, to remove the words “Public Relations/Communications” under the fifth paragraph and replace it to read “Study and understand the regulatory role of the City including the potential for a new or amended ordinances.”
The motion passed 6 to 1. Mayor Pro Tem Figueroa voted no.
MAIN MOTION: By Councilmember Belleci, seconded by Councilmember Grassi, to adopt a resolution expressing intent to expend funds in preparation for capitalizing on the impact of the 2015 U.S. Open to be held at Chambers Bay Golf Course as amended.
Councilmember Nye expressed his reservations about spending the budgeted funds without a good solid plan and a well thought-out message.
The passed 6 to 1. Councilmember Nye voted no. (RESOLUTION NO. 755)
6. PUBLIC HEARING: SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
Staff Report – 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 the following: Updates to project schedules, costs and funding status; adjusting project descriptions to be consistent with upcoming grant opportunities; and removing completed projects.
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.
Public Comment – The following individual provided comment on the matter: Anthony Paulson, 9201 61st Street Court West.
Council Consideration – MOTION: By Councilmember Grassi, seconded by Councilmember Belleci, to adopt a resolution approving the Six-Year Transportation Improvement Plan for years 2015-2020.
The motion carried. (RESOLUTION NO. 756)
7. MARIJUANA ORDINANCE
Staff Report - City Attorney Victor presented a proposed legislation that takes into account all of the legal issues with regards to Initiative 502. Initiative 502 purports to decriminalize the possession and consumption of certain amounts of marijuana with the State, and it also directs State government to implement a marijuana production, processing and retail sale industry. The initiative’s second mandate to implement a marijuana production, processing and retail sale industry in Washington is directly contradictory to federal law and remains illegal and subject to criminal prosecution. The federal administration’s approach is unknown at this time. The effect of this ordinance would prohibit such business until such time as the conflict with federal law is resolved.
Attorney Victor recommended that the Council consider enacting a local marijuana and cannabis prohibition based on the direct conflict with federal law.
Public Comment – The following individual provided comment on the matter: Carl Mollnow, 5124 84th Avenue West.
Council Consideration – MOTION: By Councilmember Grassi, seconded by Mayor Pro Tem Figueroa, to pass an ordinance pertaining to marijuana, also known as cannabis; adopting local regulations for recreational marijuana as defined in state law and medical cannabis as defined in state law; repealing Ordinance No. 631 which established a moratorium on marijuana uses; adopting a new chapter in the University Place Municipal Code, “Marijuana/Cannabis Uses” which establishes local regulations for all marijuana uses; recognizing the conflict with federal law; and adopting legislative findings.
The motion carried. (ORDINANCE NO. 637)
At 7:47 p.m., the City Council took a five-minute break. The special meeting resumed at 7:54 p.m.
RECESS TO STUDY SESSION
8. NON-CITY EVENTS WAIVER REQUESTS
In March 2014, Council adopted a resolution designating seven City events for 2014. However, Council has yet to determine which, if any, non-City events hosted by City partners will be provided with City support in the form of in-kind contributions, staff support, fee waivers or free use of facilities. Over time, staff gets numerous requests for fee waivers, use cost and deposit waivers, and support for these worthy events all on the basis of being a City partner/friend. City Attorney Victor explained that the City partner designation is part of the City’s limited public forum policy and benefits afforded to them specifically relate to the use of the City’s newsletter, web page, events calendar, bulletin board, UPTV, and public display areas. Legislation regarding City partners does not include financial support or fee waivers. City staff has no legislative authority to handle these requests. City Manager Sugg indicated that although the extent of these costs is approximately $10,000 annually, it has direct budgetary impact on staff and on the City in terms of direct hard cost. City staff is seeking direction and clarification from Council on this matter.
Council discussion followed with regards to concern with having to incur additional expense on an already limited budget; the value of these community events; the grass root efforts and the benefits they give back to the community; economic activity and return on investment; discounted fees; the group’s ability to provide liability insurance; and building permit fee waivers.
Staff will prepare and bring back a defined proposal addressing the above concerns for additional study by Council.
The meeting adjourned at 8:58 p.m. No other action was taken.