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Parks Comm PKT 10-02-2008 • CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES PARKS AND RECREATION COMMISSION Thursday, October 2, 2008 Hylebos Conference Room 6:00 p.m. City Hall 5:30 p.m. Orientation by Law Department prior to regular scheduled meeting for new Commissioners — see enclosure AGENDA I. Public Forum Please limit comments to 3 minutes. The chair may ask citizen to briefly summarize comments that continue too long. II. Approval of Minutes III. Commission Business A. Introduction of new Commissioners Committee Chair IV Staff Reports A. Laurelwood Park/Trails Ikerd B. CIP /Costs Per Project Ikerd C. Celebration Park Building Ikerd D. Saghalie Fence Status/Field Turf Warranty Ikerd E. French Lake Ponds Ikerd V. New Business VI. Pending Items VII. PRHSPS Council Committee Meeting Tuesday, October 14, 2008 at 5:30 p.m. in Hylebos Room VIII. Adjournment ORIENTATION of new Commissioners will be held immediately after the regular meeting by Vice Chair Brian Ailinger and Commissioner George Pfeiffer, on the role of a Parks and Recreation commission member. NEXT MEETING IS NOVEMBER 6, 2008 • • CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES PARKS AND RECREATION COMMISSION Thursday, September 4, 2008 Hylebos Conference Room 6:00 p.m. City Hall MINUTES Chair Konkell called the meeting to order at 6:00 p.m. Present: Chair Fred Konkell, Vice Chair Marie Sciacqua, Brian Ailinger, Cindy Dodge, Carol Otto and George Pfeiffer. Newly- appointed commissioners Scott Chafee and Mody Catahan were in attendance. Excused: Chris Hash. Staff: PRCS Director Donna Hanson, Parks and Facilities Manager Steve Ikerd and Administrative Assistant Peggy Wright. Guests: Lois Watt, Pete Stobart, Rebecca Watling, Marcia Person - Johnson and Matt Weinberger. Sciacqua moved: Otto seconded motion to approve August meeting minutes as written. Motion passed unanimously. PUBLIC FORUM Lois Watt — Ms. Watt is the Laurelwood Association secretary and wanted to offer support to the request to transfer the 17 acre property to the City of Federal Way. The association is not able to maintain the property nor pay the annual property taxes. The taxes are in arrears to 2006 per the King County Assessors office. Pete Stobart — Mr. Stobart wanted to "echo" Ms. Watt's sentiments on the transfer of the park property to the City. He has lived in the development for many years with his children being active users in their youth. Rebecca Watling — Ms. Watling is the President of the Laurelwood Community Association and has lived there since 1992. She said a "volunteer" project would be beneficial for cleaning up the property and she would assist City staff with planning and getting neighborhood participation. Matt Weinberger — Mr. Weinberger mentioned security risks being an issue. He has observed drug use, underage drinking, trespass to private property and other illegal activity on the park property. COMMISSION BUSINESS Chair and Vice Chair Elections — Chair Konkell opened nominations for the commission chair and vice chair positions. Ailinger nominated Konkell with Pfeiffer seconding the motion and closing nominations. Motion passed by acclamation. Sciacqua nominated Ailinger for Vice Chair with Pfeiffer seconding the motion and closing nominations. Motion passed by acclamation. STAFF REPORTS CIP (Capital Improvement Plan) — Director Hanson said there were no changes in the CIP document from the last two meetings and in the past, has not been voted on by the commission. It will go to the City Council for funding each item, whether planning, design or construction. Dodge asked about the reallocation of some of the funding, i.e., playground replacement/improvement funding. Replacement costs have risen considerably but budgeted dollars have not increased in years. Pfeiffer asked for the CIP document to show project costs and be distributed at the October Parks and Recreation Commission meeting. He also inquired if funds would be generated for the dog park in the next budget cycle. Hanson said those monies could come out of the Community Gathering allocated funds. Celebration Park Building Update — Ikerd reported that the storage building for Celebration Park received a successful bid for supply, install and cement pad package. The hope is that it can be installed by winter. There were fourteen interested vendors with three of them submitting bids for the project. The total, with tax and upgraded insulation, is $168,000 and will go to the Council Committee next week then City Council for approval to proceed with contract. Parks and Recreation Co;ission, September 4, 2008 Page 2 STAFF REPORTS (CONTINUED) Laurelwood Park — Director Hanson said no recommendation would be forwarded to Council Committee on this topic yet. Staff is still compiling information on the property and researching funding/budget sources if the property were assumed. If the City did assume the property, it is estimated that clean -up costs alone would range from $300,000 - $500,000. All playground equipment would need to be removed since it does not meet safety requirements. A Master Plan would need to be done before moving in to the planning /design stage. Information from the King County Assessors office states the property will go to auction in 2009 for back taxes. Ikerd reported per Planning Department information, that the property falls under the R -7200 zoning code. He distributed a site map stating the total area as 16.6 acres consisting of 11.6 acres of wetland, 3.35 acres of wetland setback area and 1.65 acres of usable acreage. Ikerd estimated an approximate cost of $50,000 yearly for basic maintenance — mowing and garbage collection. Association Secretary Lois Watt offered the balance of their treasury of $144.00 to go to the City towards the maintenance cost amid laughter. Ikerd said an official survey would need to be completed to determine accurate wetland areas. Hanson said they will work with the City Planning Department to see how much is usable and if there is sufficient land to be sold to a developer for residential homes. West Campus Trail and Tree Cutting (added to agenda by Ikerd) — Ikerd distributed a map of the areas affected by the trimming along the West Campus Trail. There are a lot of cottonwoods that need to be removed as hazardous trees which are also damaging the trail surface. Pfeiffer asked if planting would be 2 for 1 replacement because of the ratio of trees that die. Ikerd said they would probably overplant but not quite the 2 for 1 ratio. Pfeiffer moved with Ailinger seconding the motion to make a recommendation to the Council Committee to remove cottonwood trees in and around trail areas. Motion passed unanimously. NEW BUSINESS Chair Konkell introduced and welcomed two new commissioners in attendance, Scott Chaffee and Modesto "Mody" Catahan. Chaffee said he was born and raised in Federal Way, runs the BPA Trail often and is familiar with the City parks. Mody Catahan has lived in Federal Way for ten years. He is an architect and originally from the Philippines. Chair Konkell said he was in Victoria B.C. and drove by a Skate Park, decorated with "graffiti ". He inquired if that might be an option for our parks to discourage graffiti in the parks with paint we would supply. Discussion followed on a report from the Parks and Recreation magazine of a study that was done and it was not beneficial or made a difference in the long run to accommodate this type of "art" Pfeiffer said three of the cities — Phoenix, San Antonio and Houston — did note a difference in graffiti but the tagging got worse and it became territorial/gang related issues. Pfeiffer asked whether staff could investigate egress/regress on two sides or better to the Laurelwood property. The g four issues associated with the roe are parking, maintenance and usability of less than 2 acres when the p P rty P g� h', h' property is almost 17 acres. Pfeiffer questioned the wetland acreage with Ikerd saying an evaluation by experts would need to be done to verify it accurately. Chair Konkell thanked Cindy Dodge for her almost 6 years of service on the Parks and Recreation Commission as this will be her last meeting. PENDING ITEMS No pending items at this time. NEXT MEETING Newly - elected Vice Chair Brian Ailinger will chair the October meeting in Chair Fred Konkell's absence. Laurelwood Park Commission Orientation CIP /Costs per Project Celebration Park Building Update Saghalie Fence Status Saghalie Field Turf Warranty ADJOURNMENT Chair Konkell adjourned the meeting at 7:35 p.m. • • ,,,- 4 k. CITY OF Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: OCTOBER 2, 2008 TO: PARKS AND RECREATION COMMISSION FROM: PATRICIA A. RICHARDSON, CITY ATTORNEY SUBJECT: ORIENTATION A. Parks and Recreation Commission Authority. The Federal Way City Council created the Parks and Recreation Commission (hereinafter, "Parks Commission ") in Ordinance No. 91 -93 as codified in Chapter 11, Article II of the Federal Way City Code ( "FWCC "). As with any entity created by law, the purpose and scope of responsibilities are strictly limited to the provisions in the law. For the Parks Commission, the purpose is to advise the City Council and Staff on policy matters involving (1) acquisition, (2) development, and (3) significant operational impacts on the facilities and the programs. FWCC 11 -29. The Parks Commission is not authorized pursuant to the Code to become involved in or to monitor the day -to -day operations. Instead, the policy matters for the Parks Commission are identified as: 1 the park and recreation and space open s () p p p comprehensive plan; (2) the capital improvement plan; and (3) the recreation programs and facility use policies. FWCC 11- 30(2), (3), and (4). In order to meet the purpose, the Parks Commission is to hold public meetings at least once per month. FWCC 11- 30(1). B. Conflict of Interest. Code of Ethics. The Federal Way Code of Ethics ( "Ethics Code ") applies to all "members of City Boards, Commissions, Committees ... appointed by the City Council." Ethics Code, Sec. 2.1. The premise of the Ethics Code is conducting City business in a "fair, open, efficient and accountable manner." Ethics Code, Sec. 1. To that end City representatives ... shall conduct their public and private actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between • • • • • the public trust and private interest. Each Official and Employee is assumed and expected to act in accordance with all laws and code of ethics that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of this Code of Ethics and meet its requirements. Ethics Code, Sec. 1. Accordingly, Members should carefully avoid expressing their personal opinions, advising the public on actions that may be adverse to the City as a Member, and/or seeking a different outcome through the use of the position. C. Open Public Meetings Act. The Parks Commission must conduct its business in an open public meeting. FWCC 11- 30(5). As a result the Parks Commission has regularly scheduled meetings the first Thursday of every month, which complies with the Open Public Meetings Act. See Chapter 42.30 RCW. Any other time that a quorum meets to conduct business is considered a "special meeting ", which requires separate notification by the City Clerk of at least twenty -four hours. Conducting business is broadly defined as "action ", which includes deliberating, discussing, considering, reviewing, evaluating, and reaching a collective position by a majority of the Parks Commission. The courts have interpreted "action" to occur via a telephone tree, e- mails, or other forms of communication, which may not require the personal, physical presence of members. Because the Parks Commission must conduct business in an open meeting, it is also entitled to meeting in Executive Session provided that the topic meets the requirement and provided that the Executive Session has been properly advertised. Before advertising or scheduling an Executive Session, the City Attorney should be consulted to ensure that the topic or purpose meet the statutory requirements. D. Public Records. A public record is defined to include any and all written information relating to the conduct of the Parks Commission. See RCW 42.56.010(2). The form of the information is irrelevant (i.e. electronic, video tape, audio tape, etc.). Likewise, the location of the record is irrelevant. For example, a Parks Commissioner may have a public record, such as the Parks Commission agenda or e-mails addressing a particular parks matter, on his/her private computer. In the event the City receives a public disclosure request or is involved in litigation, the personal computers of commission members may be subject to inspection. The key to determining whether the information is a public record is subject matter — not title. Generally all public documents are subject to disclosure under the Public Records Act, Chapter 42.56 RCW. There are some specific exemptions that may apply in limited circumstances, but the Law Department will make that determination. Even if an exemption 2 • applies, the information will need to be released if portions of the exempt information may be blocked out. E. Use of Public Facilities Cannot Be Used in Campaigns. State law specifically prohibits the use of public facilities for an elective office or for the promotion/opposition to any ballot proposition. RCW 42.17.130. This provision would also apply when individuals are attempting to gather a sufficient number of signatures to place an initiative on the ballot for the upcoming election. The Public Disclosure Commission is the entity charged with the responsibility to monitor the use of public facilities. RCW 42.17.395. The State is serious about prohibiting the use of public facilities as evidenced, because any individual in violation may be subject to a penalty of not more than ten thousand dollars. RCW 42.17.390. K: \Training \Orientation \Parks Commission 2008 3 • I