Tacoma City Council Meeting - June 26, 2012

PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND ANNOUNCEMENTS
Mayor Strickland presented Reverend Ivory Crittendon, founder of the Christian Brotherhood Academy in Tacoma, with the City of Tacoma Human Rights Champion award for his more than 50 years of work advancing the human rights of children in the Hilltop.

PUBLIC COMMENT
Only a handful of commenters this week. One concerned citizen spoke on a wide variety of topics. The other two speakers made comments in favor of the pending sale of the former MLK Library building: one a representative of the Central Neighborhood Council and the other the broker representing the purchasing physician.

REGULAR AGENDA

RESOLUTIONS

Purchase Resolution No. 38503 Awarding contracts to:

 
1. Gunarama Wholesale, Inc., on its bid of $227,072.28, including sales tax, less a trade-in amount of $227,072.28, for a zero net cost, for the purchase and trade of duty handguns and magazines used by Tacoma Police officers – Specification No. PD12-0159F [James Barrett, Sergeant, Tacoma Police Department (TPD); Don Ramsdell, Chief, TPD]; and

 
2. Miles Resources LLC, on its bid of $1,573,294.05, sales tax not included, plus a 15 percent contingency, for a cumulative total of $1,809,288.16, budgeted from the Surface Water 2006 Bond Construction Fund and the Wastewater Fund, to pave Wapato Lake Drive and Asotin Court – Specification No. PW12-0221F [John O’Loughlin, Science and Engineering Division Manager; Dick McKinley, Director, Public Works].

In response to questions from council members Mello and Ibsen, staff shared some details on item one: As firearms reach the end of their 10 year life expectancy for law-enforcement, their reliability begins to go down, but they still have a resale value. The new guns that will be purchased as a result of the trade-in agreement feature upgrades in functionality. Gunarama is a federally licensed gun dealer; they will resell the weapons to other dealers or to individual users.

In response to questions from council members Boe and Mello staff explained that item two will replace two failed streets with pervious asphalt, at a cost of less than half of what the same project would cost using traditional asphalt. The pervious pavement obviates the need for storm water control and improves the water quality in the nearby Wapato Lake, reducing the need for future clean-ups. There are plans for monitoring and comparing the two streets, one of which is designed for a 20 year life-cycle, the other for 40 years.

Resolution No. 38504 Authorizing the execution of an agreement with the Pierce County Department of Emergency Management, in the amount of $331,532, budgeted from the Police Special Revenue Fund, for security plan analysis, training, and emergency response exercises related to Port of Tacoma operations. [Mark Feddersen, Lieutenant, Tacoma Police Department (TPD); Don Ramsdell, Chief, TPD]
Passed unanimously, without comment.

Resolution No. 38505 Authorizing the execution of a Stewardship Agreement and Restrictive Covenant, a Statutory Warranty Deed, and an Assignment of Contract Rights and Agreement with Pierce County, in the amount of $13,030, budgeted from the Community and Economic Development Special Revenue Fund, for the acquisition of a 5.87-acre site located within the South Tacoma Wetlands Conservation Area near the intersection of South 52nd and Mullen Streets, for open space conservation purposes. [Elliott Barnett, Associate Planner; Martha Anderson, Interim Director, Community and Economic Development]

This is the second of two acquisitions in this area through the Pierce County Conservation Futures Program. The first was finalized back in February. The South Tacoma wetlands area is described as having high value, due to the wetlands and mature trees included in this undeveloped piece of urban property. Councilmember Mello pointed out that this deal allows the City to leverage its dollars to get a return of 31 times the City investment. The money comes out of a restricted fund collected for the purpose of protecting open spaces.

Resolution No. 38506 Authorizing the execution of a purchase and sale agreement, a Restrictive Covenant, and a Quit Claim Deed with Lizotte P&O Associates, LLC, for the sale of the Dr. Martin Luther King Jr. Library located at 1902 South Cedar Street, in the amount of $700,000. [Conor McCarthy, Assistant Facilities Division Manager; Dick McKinley, Director, Public Works]

The MLK Library building was advertised through an RFP process that asked not only for bids, but for details on future use. The Lizotte proposal was the only one submitted, but scored 94% in the process, and was deemed a good fit with the neighborhood and the medical mixed-use zoning of the area. A question was raised over whether the inclusion of the nonprofit medical center would mean that the property will be off the books; staff will follow up on that. Council expressed the desire that in future processes that returning properties to the tax rolls be one of the priorities considered.

FIRST READING OF ORDINANCES

Ordinance No. 28080 Amending Chapter 1.12 of the Municipal Code, relating to the Compensation Plan, to allow employees to take Personal Time-Off in tenth-of-an-hour increments, provide clarifying language regarding cash-out eligibility, and add language to provide for VEBA contributions upon separation where applicable. [Joy St. Germain, Director, Human Resources]
The first reading of this ordinance has been moved to the July 10, 2012 meeting.

PUBLIC HEARINGS AND APPEALS
This was the date set for a public hearing by the City Council on proposed amendments to the Land Use Regulatory Code regarding medical cannabis collective gardens and dispensaries, as recommended by the Planning Commission. [Lucas Shadduck, Senior Planner; Martha Anderson, Interim Director, Community and Economic Development

We first got a brief overview from staff of the process around the moratorium and the questions being considered. Mayor Strickland gave a reminder that at this time the discussion is limited to zoning and land-use questions, not to issues of legality, licensing, etc. (And just a reminder: these uses are still illegal under federal law.)

The Medical Cannabis Taskforce of stakeholders and experts shared its findings with the Planning Commission. The Planning Commission met, evaluated the findings, took public input, and made its recommendations. The recommendations seek to strike a balance between reasonable access for patients and protection of sensitive uses including schools, daycares, and churches. The recommendations identify two basic use types – one commercial, and one industrial. Production and processing facilities or “collective gardens” would be deemed industrial, and thus would be allowed in areas where industrial uses are permitted. Distribution centers would be deemed commercial in nature, along the lines of retail or pharmacy uses, and so would be allowed in areas zoned for those types of uses. Neither use would permit consumption of the product on the property, and all would have to follow guidelines creating 1,000-foot buffers from property lines of the designated sensitive uses. Parks and other uses were not listed as “sensitive uses” as their inclusion was deemed to be problematic, and potentially prohibitively limiting to access. Existing sensitive uses would be considered at the time of permit application, not subsequent additions. The Planning Commission recommends that matters of notification for neighbors be considered in the licensing process, but not included as a part of the zoning process.

The majority of commenters spoke in favor of moving forward to allow medical cannabis-related uses. Stan Rumbaugh, co-chair of the task force kicked things off with an explanation of some of the thinking that had gone into the group’s findings. A representative of the South Tacoma Business District Association requested that Council consider including a requirement for a buffer between the facilities, to prevent certain areas from becoming repositories for all of the city’s dispensaries. Other speakers voiced support for facilitating responsible businesses, and concern over impacts the proposed zoning limitations and buffer areas would have on access. A couple speakers voiced concerns regarding “over-regulation,” and requests were made for case-by-case consideration. One speaker questioned the appropriateness of including religious institutions as a use that would prohibit nearby medical cannabis facilities.

UNFINISHED BUSINESS

REPORTS BY THE CITY MANAGER
City Manager Broadnax announced Rob McNair-Huff’s imminent departure from City employment, and acknowledged his eight years of service to the City.

COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL

Government Performance and Finance Committee – Deputy Mayor Lonergan reported on two meetings since the last report which included updates on audits, land use permitting, minimum notice requirements, and a handful of other topics. The next meeting, scheduled for July 4th is cancelled.

Councilmember Ibsen made a friendly reminder of District One public budget input meetings coming up on Wednesday, June 27 at 5:30 p.m., at the Wheelock Library and Thursday, June 28 at 6:00 p.m. at St. Mark’s Lutheran Church. He looks forward to seeing you there.

Concilmember Lonergan wished a happy 4th birthday to his youngest. Happy birthday from Exit133, and save us some cake too.

Mayor Strickland noted with the upcoming 4th of July holiday that all fireworks are illegal in the City of Tacoma, but she encouraged everyone to come on down to Freedom Fair and see the legal fireworks. She also gave a reminder that there will be no City Council meeting or study session next Tuesday.

Councilmember Boe also commented on the Freedom Fair, reminding us that it is a volunteer run event, and they could always use a little more help. Volunteer for the event, or if you attend, help out by cleaning up after yourself. And if you really want to help out, show up to walk the waterfront on the morning of the 5th and help clean up the aftermath.

ADJOURNMENT