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PRHSPSC MINS 09-09-2008 City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September 9, 2008 5:30 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell, Council member Linda Kochmar, Cary Roe, Assistant City Manager, Pat Richardson, City Attorney, Karolyn Klohe Assistant City Attorney, Chief Brian Wilson, Donna Hanson, Director PRCS, Steve Ikerd, Facilities and Parks Manager, Mary Jaenicke, Administrative Assistant II. Excused: Council member Michael Park Guests: Brian Ailinger, Parks and Recreation Commission Vice Chair, Alan Bryce, Ron Wood, Centerstage, Deputy Fire Chief Knorr, H. David Kaplan, Citizen. Chair Burbidge called the meeting to order at 5:33p.m. Council member Ferrell moved to add the Centerstage Proposal to the agenda as information only. Chair Burbidge seconded. Motion passed. BUSINESS ITEM South King Fire & Rescue’s Proposed Boundary Line Adjustment Ms. Richardson presented the background information. The South King County Fire & Rescue (SKCF&R) would like to do a boundary line adjustment on a parcel that they own on S. 356th, east of the Blueberry Farm. In 1985 there was a deed that gives the City future rights to the Brooklake Community Center’s property. The Title Company found a 1970 Statutory Warranty Deed that Lakehaven had conveyed the property to King County Fire District 39. The City had thought that they owned the whole parcel. The SKCF&R is seeking a boundary line adjustment of about 50 feet around the North and East side of their parcel. They need Council approval for their title insurance. Deputy Fire Chief Knorr stated that pursuant to state law, there are response guidelines that need to be followed. SKCF&R have 5 years of good response data that shows that they have weaknesses in the response area along the development of South 356th, the Senior Retirement Homes and up into the Crossings area. A new Fire Station would alleviate a lot of the longer response times in those areas. They have projected that if they opened that station today they would have about 1,400 calls a year. They are projecting that the station will be running in 2013. Mr. Ikerd asked if the Parks Department would be able to access the Blueberry Farm. Deputy Chief Knorr stated they would maintain a driveway at that location for access. Council member Ferrell moved to not oppose South King County Fire & Rescue’s proposed boundary line adjustment for the parcel on S. 356th Street. Chair Burbidge seconded. Motion passed. PUBLIC COMMENT H. David Kaplan preferred to save his comments until a particular agenda item was going to be presented. COMMISSION COMMENT Brian Ailinger, Parks & Recreation Commission Vice Chair, spoke in support of the items that were being presented tonight by Mr. Steve Ikerd. APPROVAL OF SUMMARY Council Member Burbidge moved to approve the July meeting minutes as written, Council Member Ferrell seconded. Motion passed. BUSINESS ITEMS Centerstage Proposal Mr. Bryce presented the information. Mr. Bryce stated that the proposal document is also a document that is open for discussion. They are open to any solution that will solve the problems that they have identified. Mr. Bryce stated PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September 9, 2008 Summary Page 2 that when he first came onto the job he noticed that the Knutzen Family Theatre (KFT) was built for 10 local performing arts organizations. At this time, there are only two that still operate and use the KFT; Centerstage (CST) and 9th Avenue Dance. He feels that this is going in the wrong direction. They are also aware that 9th Avenue Dance may not be using KFT this year. Due to the confusion of whether or not 9th Avenue Dance is using the facility, CST has had to move 1/3 of their Christmas show to Tacoma. Mr. Bryce stated the current business model with the city does not work. In 2007 CST paid back to the City 23% of their annual operating budget. That was in rental and mandated technical fees. By comparison the Seattle Public Theater pays the City of Seattle 1.5% of their operating budget. CST made their first written proposal to the City in the Spring of 2005. They had proposed that the City pay a management fee of $50,000. They have had to raise that fee. They are suggesting two things: 1) The City gives to CST $50,000 in a direct grant. CST does not believe that this is a good solution. 2) CST manages the KFT. CST would receive $75,000 from the City. This money would be used only to manage the facility. They would employ and sub-contract the technical operations of the KFT. CST would do 5 productions of 4 weeks each; this would leave them 32 to weeks to make other revenues. He stated that it is not a losing situation for the City Of Federal Way because even if it only breaks even, the City is securing the future of performing arts at the KFT. He says the numbers make perfect sense, and it releases the city from any further obligations that the City has with KFT. CST would save $40,000 on rental and technical labor, $8,000 in office space rental, and $5,000 in all other events. For the past three years they have gone back to the City Of Federal Way for grants, which have kept them alive. Mr. Bryce also discussed concerns that have been previously expressed by the City Of Federal Way. Those concerns are 1) The payment of a management fee is unfair to other performing Arts Organizations in Federal Way, 2) Will CST cooperate with other groups who use KFT, 3) Is CST competent to manage the KFT? 4) Is CST strong enough? 5) Will CST’s operation of the KFT safeguard the mission and vision of the KFT? 6) Will CST staff cooperate with Dumas Bay Centre staff? Roger Wood Vice President of CST stated that bringing CST Theatre and Knutzen Family Theatre together would serve the citizens of Federal Way much better. Maintenance Plan to Remove & Replace Cottonwood Trees Mr. Ikerd presented the background information. Safety inspections have been done on our trails, and they identified a section of the West Campus Trail that has a lot of damage from shallow rooted trees. This problem was put on their work plan to remove the trees and repair the asphalt. In the process of putting together a plan, there was a large storm that blew over a lot of cottonwoods; the trees were removed and replaced with Evergreens and Conifers. Staff is recommending removing approximately 60 non-significant trees. Staff will mail out letters to the neighbors detailing what their plan is – removing the cottonwoods and replacing them with more suitable tree varieties. The Committee requested that when a letter is sent out, it includes information about cottonwood trees, and also that taking down trees is a last resort for the parks department. Council member Ferrell is concerned with the loss of trees and what it will do to the aesthetics of the area. Committee requested that staff provide them with pictures of the area, and a more specific identification of the area. Mr. Roe stated that a large number of those trees are leaning, and are also destroying the trails. Ms. Hanson stated that the number of trees being removed is related to the damage that they are doing to the trail. It is more cost effective to remove the trees damaging the trails and remove the leaning trees all at one time, and staff wanted to inform the Council of the process that is being used. If need be, the Parks Department can take down the leaning trees now, and do the trail repair at a later time. This item will be brought to Council on September 16 as an emerging issue. Staff will provide visual aids, information about cottonwoods and a copy of the draft letter for the meeting. Name for SW 363rd Open Space Public Comment: H. David Kaplan stated that Alma Bennett was very instrumental in getting Federal Way parcels on a King County open space bond. The Bennett family agreed with the name and the Parks Commission approved it at their August meeting. Council member Ferrell moved to recommend approval of naming SW 363rd Open Space after Alma Bennett. Chair Burbidge seconded. Motion Passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September 9, 2008 Summary Page 3 Celebration Park Maintenance Building Mr. Ikerd provided the background information. Staff bid the supply and installation of the Celebration Park Maintenance Building separately. Council approved the bid on March 20th. When staff went to order the building, the supplier stated that he was unable to supply the building as specified. Staff then went out to bid again, but this time they bid it as a whole package; the building, supply and install, and the cement slab. Three bids were received. The lowest responsive bid was from CHG Building Systems, Inc. for $146,200. The total bid is $168,598 – this includes insulation and tax. Council member Ferrell moved to forward the bid acceptance for the installation of a pre-engineered meal maintenance building in Celebration Park to full Council on September 16 for approval. Chair Burbidge seconded. Motion passed. The acceptance of the sole bidder, “Sound Harley Davidson”, for the purchase of two Harley Davidson motorcycles Chief Wilson presented the background information. The Police Department is moving away from leasing vehicles and moving towards purchasing their vehicles. They received one bid. Council member Ferrell asked why they are purchasing the high end priced Harley Davidson’s. Chief answered that there are limited options for the types of bikes that can be used in emergency situations. The Department has tested many different bikes. The Harley Davidson has the capabilities that they need, and it is also what the officers prefer. They also already have Harley Davidson bikes in their fleet, and this would maintain some continuity. Council member Ferrell moved to approve and award the bid to “Sound Harley Davidson” for the purchase of two Harley Davidson motorcycles. Chair Burbidge seconded. Motion passed. Look Alike Weapon Legislation Chief Wilson presented the background information. This is to be added to the Legislative Agenda. Earlier this year an officer was investigating a vehicle prowl. He was in a foot chase with the suspect. The suspect pulled what appeared to be a firearm from his waist band and pointed it at the officer. The officer fired at him twice and missed. This firearm was later identified as an “airsoft” pistol. While working with the Prosecutor’s Office a loop hole was discovered; the Charge of Assault 2nd Degree did not apply. The weapon has to be capable of producing bodily harm. It is tough to argue that an airsoft pistol is capable of producing bodily harm. They are looking for a solution to make an adjustment to the Assault Statute. If you use a look alike weapon, and point it at a Police Officer in the Commission of a crime this would be a class B felony. Council member Ferrell moved to amend this item, and make it an action item. Chair Burbidge seconded. Motion passed. Council member Ferrell moved approval to support Legislation to modify the Assault Statute to include “Look Alike Weapons”. Chair Burbidge seconded. Motion passed. Agreement between City of Federal Way and Ehli Turner Auction to auction surplus vehicles and motorcycles Chief Wilson presented the background information. The contract amount is not to exceed $10,000 in compensation. There is a 10% fee that is put to the auction house for the value per vehicle. There is a minimum fee of $150 and a maximum fee of $500 per vehicle that is sold. In 2007 the Police Department auctioned 11 vehicles for $20,360, and in 2008 year to date there have been four vehicles with a value of $2,743.00. Council member Ferrell moved approval of the Agreement between Federal Way and Ehli Turner Auctions to auction surplus vehicles and motorcycles. Chair Burbidge seconded. Motion passed. Bid award for the Federal Way Police SWAT Van Chief Wilson presented the background information. The Police Department received four bids. The bidding companies were asked to bid the chassis of the vehicle and the 20 foot box together. The low bid came from a Ford Dealer in Pasco, and Trivan is the company that has done three previous project vehicles for the Department. Council member Ferrell moved to award the contract to build a Federal Way Police SWAT Van, to Legacy Ford/TriVan Truck Body and authorize City Manager Neal J. Beets to sign such Agreement. Chair Burbidge seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday September 9, 2008 Summary Page 4 Grant Funding for Graffiti Abatement Program Chief Wilson presented the background information. The gang and graffiti funding was approved by the State Legislature. There were specific criteria on how that money could be used. The Washington Association of Sheriffs and Police Chiefs (WASPC) was asked to manage and disperse the funds for the Legislature. The City of Federal Way Police Department asked for $10,000 to support our Graffiti Abatement Program. The grant will allow the city to support the equipment used to remove graffiti. Council member Ferrell moved approval to accept the grant funding under the specific terms and conditions set forth by WASPC. Chair Burbidge seconded. Motion passed. Enhanced Enforcement Regarding Dangerous Dogs City Attorney Pat Richardson presented the background information. Ms. Richardson stated that she was seeking Council direction if Council wants to do anything regarding dangerous dogs. There have been some concerns about some recent incidents. Two years ago Council amended the code to ban dangerous dogs. Yakima has banned the breed of Pit Bulls, and this has withstood a Constitutional challenge in 1989. If Council is interested, then the legal department staff can come back to the next meeting with more information regarding banning pit bulls. Also, as another alternative, the city of Auburn has enhanced the licensing requirements based on breeds. Their breeds are broader than Yakima’s. They are more expensive in the licensing and they require proof of insurance and Auburn has contracted with King County Animal Control for an Animal control Officer that services only Auburn. Auburn has paid for their vehicle to transport the animals. They have found this to be very successful. Council member Ferrell asked that Ms. Richardson follow-up on receiving a media packet regarding a recent attack in the Norpointe area. Ms. Richardson stated that Yakima’s Ordinance has withstood the challenge because with their definition, the public can identify if the dog was a pit bull. Council member Ferrell would like a presentation from an expert in dogs and pit bulls. Ms. Richardson suggested scheduling a study session with the Full Council – information provided at this session would be media information, a veterinarian or a specialist on pit bulls and dogs, and information on studies that have been conducted. They will also include Federal Way Police Department reports on actual cases involving dog attacks, information on breeds and the cost of the various parts of Auburns program, and somebody from King County Animal Control. NEXT MEETING – October 14, 2008 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 7:22 p.m.