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PRPSC MINS 05-08-2006 City of Federal Way City Council PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Monday May 8, 2006 6:00 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member Linda Kochmar, Derek Matheson, Interim City Manager, Pat Richardson, City Attorney, Brian Wilson, Deputy Director Public Safety, Donna Hanson, Director PRCS, Steve Ikerd, Parks & Facilities Manager, B Sanders Park Planner, Mary Jaenicke, Administrative Assistant. Guests: Terry Slaton, Sally Hurst, Harrell Hurst, Jim Lessler, Kevin Morris, Barbara Reid, H. David Kaplan, Bob Kellogg Chair Burbidge called the meeting to order at 6:11p.m. PUBLIC COMMENT Terry Slaton: Spoke regarding crime and public safety. He spoke in favor of a law establishing the English language as official means to convey warnings of danger, trespassing etc. Mr. Slaton stated that we are getting too diverse in our citizenry to supply posting of danger signs in six different languages. It needs one official notification. He also spoke in favor of an ordinance requiring no caps, hats or hoods inside a store or facility. Barbara Reid: Stated that she too is also in favor of English becoming the official language. She would hate to see the United States become a divided country because of the language. This is an English speaking country and should remain so. There is an obligation among immigrants to learn and speak the English language. Kevin Morris: Spoke against a breed specific dangerous dog ordinance. He stated that one of the most pro-active ways to minimize dog attacks is to have a place for dogs to run and socialize with other dogs. It is unfair to punish the animal. It should be the owner that is punished. Bob Kellogg: Stated that he worked in the insurance business and has seen a lot of dog claims. He has no sympathy for dog owners with potentially vicious dogs. He spoke in favor of a breed specific Ordinance. There are some breeds that are more vicious than others. He also stated that we need our own animal control officer. He would like stronger enforcement of our laws. H. David Kaplan: Stated that the City of Federal Way is lacking penalties on the owner if their dog attacks somebody. These are cases of assaults and there should be fines or penalties accordingly. He also spoke in favor of the Park Pals, this is the group of volunteers that have been working very hard to work with city staff, and keeping French Lake Park clean. He is in favor of French Lake Park becoming an official off leash dog park. COMMISSION COMMENT None APPROVAL OF SUMMARY Council members Kochmar and Ferrell moved to accept the April meeting minutes as written. Motion passed. BUSINESS ITEMS 2006 Parks, Recreation and Open Space Plan Update Ms. Sanders gave a power point presentation on the 2006 Parks, Recreation and Open Space Plan. The Park Plan is updated every six years. Ms. Sanders explained that the purpose of updating the plan is to step back and look at our entire park system and our recreation programs. This allows us to see where we’ve come from, evaluate where we are now, and make decisions about where we want to go in the future. There are also two legal reasons for updating the plan. They are 1) Growth Management Act passed in 1991. This requires cities to update their comp plan. The Parks, Recreation and Open Space Plan is an optional element, but we choose to do it because it helps us guide our activities. 2) The IAC is a state agency that provides grants related to parks. They require a park plan for most of their grant programs. Ms. Sanders reviewed the public process that took place. There were two open houses, an on- line survey and three stakeholder meetings. Ms. Sanders pointed out that when we last updated the plan in 2000, the PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Monday May 8, 2006 Summary Page 2 total acreage was 826. We now own over 1,000 acres. We have had a 29% increase in acreage in only six years. We do have an issue with aging parks; they don’t get as much attention and haven’t had as much reinvestment. Ms. Sanders pointed out that we have a great land base, but because we have limited resources, we also have limited maintenance. Through the various forms of public input five core values were identified. These Core Values were based on themes or messages that were submitted over and over again. Ms. Sanders reviewed the core values with the PRPS Committee. The Core Values are: 1. Improve Existing Facilities & Provide Multiple Functions in Parks. 2. Develop a walking community with an integrated City-wide system of sidewalks and trails. 3. Retain and improve natural open spaces. 4. Create community gathering places and destinations. 5. Provide a balance of services for a diverse population. This park plan is a planning document that is tied to the City’s Comprehensive Plan and the City’s 6-year Capital Improvement Plan. Ms. Sanders stated that they will be “fine tuning” this plan with the finance department. Ms. Sanders reviewed the 6-year Capital Improvement Plan with the Committee. The Planning Commission and Parks and Recreation Commission have approved the draft document at their meetings. Council member Kochmar moved to recommend approval of the Draft Park Plan Update and forward the Ordinance to full Council for first reading on June 6, 2006. Deputy Mayor Ferrell seconded. Motion passed. The committee commended staff, volunteers and the Parks Commission for all of their hard work on this plan. Community Center Update Ms. Sanders presented a slide show of the construction project. Pictures of the swimming pool, mezzanine level and gymnasium were shown. The project is about 45% complete and we are doing very well on the budget. A tour of the site has been scheduled for June 1, for the Parks and Recreation Commission and Council. Council member Kochmar asked if staff was going to be giving a power point presentation at the Council meeting. Ms. Sanders answered that the direction staff was given was to make monthly presentations at the Council Committee. Authorize Resolutions for IAC Grant Applications - 2006 Ms. Sanders has applied for three grants. 1) Camp Kilworth Nearshore Preservation – Acquisition. 2) Saghalie Soccer Field Renovation. 3) West Hylebos Park Boardwalk Replacement. Council member Kochmar moved to approval of authorizing the City Manager to apply for funding assistance from IAC for Camp Kilworth Acquisition, Saghalie Soccer Field Renovation, and West Hylebos Boardwalk Replacement. Deputy Mayor Ferrell seconded. Motion passed. Park Maintenance Contract Mr. Ikerd stated that Myers Master Lawn Care has been providing landscape maintenance services to eight city sites for the past year. During the year the current owner became ill and sold his interest to his Manager. The name has been changed to Omni Landscape Services, Inc. The services and price have not changed. The total amount of the contract is $51,348.86 for a one year term. Council Member Kochmar moved approval to amend the maintenance contract to reflect the new name Omni Landscape Services, Inc., and extend the term to April 30, 2007, and authorize the interim City Manager to execute the amendment. Deputy Mayor Ferrell seconded. Motion passed. DANGEROUS DOGS Ms. Richardson presented several options to modify the code regarding dangerous dogs to the committee. The legal department staff researched existing codes from the following cities: Auburn, Bellevue, Brier, Enumclaw, Kent Kirkland, Lakewood, Mountlake Terrace, Renton, SeaTac, Tacoma, Tukwila, Yakima and King County. Ms. Richardson reviewed the State Statute, the City of Federal Way’s existing code, and the codes from the cities that were researched. Committee discussed the definition of dangerous dogs and which options they would like to add. Deputy Mayor Ferrell and Council member Burbidge would like to add 1. Known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals. 2. Bites without provocation. 3. Attacks without provocation. Council member Kochmar agreed, but also would like to add specific breeds of dogs. Chair Burbidge stated that she had concerns about adding breed specific; any dog has the potential to be vicious. A lot depends on how a dog has been raised or handled. Deputy Mayor Ferrell stated that our experience is different than Auburns experience. He does not think it is appropriate to ban certain breeds of dogs. Council member Kochmar stated that the City of Auburns ordinance originally was not breed specific, but they changed it one year later. She does not want to give any opportunity for Federal Way citizens to be attacked. Ms. Richardson explained that the state statute requires a severe injury. By adding bites without provocation and attacks without provocation, we are not limiting it to a severe injury. The Committee continued to discuss amending the existing Federal Way City Code, Chapter 4, Article IV on the following items: Definition of potentially dangerous dogs, Exceptions to dangerous dogs determination, Notice of determination dangerous dogs, Ownership requirements for dangerous dogs, Notice of violation for failure to comply with dangerous dog requirements, and PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Monday May 8, 2006 Summary Page 3 Penalties for failure to comply when dog determined dangerous. Deputy Mayor Ferrell requested that this item not be sent back to Council Committee in June, but go to the Full Council in June. The Committee requested that the alternative options be readily available for the Full Council. PUBLIC COMMENT H. David Kaplan: Stated that a range of penalties for the owner of an animal that attacks has not been discussed. Kevin Morris: Mr. Morris wanted to be sure that there would be another opportunity for Public comment on dangerous dogs. He also wanted to be sure that it would be a fair and due process. Bob Kellogg: Mr. Kellogg questioned the definition of vicious dog. He is concerned that the text says it requires a severe bite. Does not believe we should define making the decision if it’s a vicious dog on whether or not it’s a severe bite. Who is to determine what is severe? Chair Burbidge requested that staff provide more information and research if there is an established definition of what a severe bite is. ILA Use of Technical Rescue Trailer Deputy Chief Brian Wilson reported that in 2003 the City purchased a trailer. The trailer is used for emergency management and for response capabilities. The South King County Fire Department does have a technical rescue team. This Interlocal Agreement would allow both the City and the Fire Department to be able to use this trailer in an emergency. The Fire Department will maintain the maintenance, and they have a storage facility for the trailer. Deputy Mayor Ferrell moved the approval of accepting the Interlocal Agreement – Use of Technical Rescue Trailer and authorize the City Manager to execute the agreement. Council member Kochmar seconded. Motion passed. ILA Between City of Fife, Washington and the City of Federal Way, Washington, for the Housing of Inmates in the City of Fife Jail Deputy Chief Brian Wilson stated that this is an Interlocal Agreement that has been very successful for the City of Federal Way. They have provided outstanding service for us. The Fife City Jail is able to hold approximately 30 misdemeanor inmates at any given time. Staff successfully negotiated to stay away from a booking fee. The daily rate will increase from $63 to $66 per day / per inmate for the 2006 year; and to $67 per day / per inmate starting January 1, 2007. Council member Kochmar moved the approval of the Interlocal Agreement between the City of Fife, Washington and the City of Federal Way, Washington, for the Housing of Inmates in the City of Fife Jail, and authorize the City Manager to execute the Agreement. Deputy Mayor Ferrell seconded. Motion passed. ILA Between Okanogan County, Washington and the City of Federal Way, Washington, for the Housing of Inmates in the Okanogan County Jail Deputy Chief Brian Wilson reported that the City of Federal Way has had a contract in the past with Okanogan County. The contract has expired and needs to be renewed. Okanogan County’s daily rate is $42 without a booking fee. Council member Kochmar moved the approval of the Interlocal Agreement between Okanogan County, Washington and the City of Federal Way, Washington, for the Housing of Inmates in the Okanogan County Jail, and authorize the City Manager to execute the Agreement. Deputy Mayor Ferrell seconded. Motion passed. Proposed Ordinance to Add Crimes for Domestic Violence in the Presence of Children and for Domestic Violence with Use of Strangulation City Attorney Richardson reported that the City is involved in a pilot project involving domestic violence where children are involved. The proposed ordinance that would amend the criminal code creates a separate crime for domestic violence that is in the presence of children. It also creates a crime for domestic violence with the use of strangulation. This happens frequently and is difficult to prosecute. This would add more emphasis to try and address domestic violence. Deputy Mayor Ferrell moved the proposed Ordinance to second reading and approval at the next regular meeting on June 20, 2006. Council member Kochmar seconded. Motion passed. PENDING ITEMS None NEXT MEETING – June 12, 2006 6:00 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 8:15p.m.