PRHSPSC MINS 10-09-2007
City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 9, 2007
5:15 p.m.
SUMMARY
In attendance: Council Committee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member
Linda Kochmar; Iwen Wang, Assistant City Manager, Pat Richardson, City Attorney, Chief Brian Wilson, Donna
Hanson, Director PRCS, Angelina Allen-Mpyisi, Human Services Manager, Tim Dickinson, Park Maintenance
Supervisor, Mary Jaenicke, Administrative Assistant II.
Guests: Deborah Little, Diversity Commission, Juanne Lockett, Citizen, Staci Lockett Citizen
Chair Burbidge called the meeting to order at 5:15p.m.
PUBLIC COMMENT
Staci and Juanne Lockett will provide their public comment during the Cedar Grove Park discussion.
COMMISSION COMMENT
None
APPROVAL OF SUMMARY
Council member Kochmar moved to approve the September 11 meeting minutes as written, Deputy Mayor
Ferrell seconded. Motion passed.
BUSINESS ITEMS
2007-2008 Diversity Commission Business Plan
Diversity Commission Chair Ms. Deborah Little provided the background information. The Diversity Commission
held a retreat and developed their 2007-2008 business plan. Ms. Little reviewed the plan with the committee. The
Martin Luther King program has been a major success. Peter von Reichbauer awarded the Commission $5,000 to go
towards the event. The commission is going to do a public recognition of commissioners that they have lost. They
will be doing the book donation program again. They are going to send letters to businesses that are not in Federal
Way, asking them for donations for the schools that are in the Federal Way School District, but not in the City of
Federal Way. There is also a Public Relations Committee; their goal is to gain more exposure of the Diversity
Commission. Another event is the Bite of Federal Way. The Commission is working with St. Lukes Church to
partner with them, and celebrate the cultural differences in Federal Way. This will be a multi-cultural based event,
not a faith based event. Deputy Mayor Ferrell would like the Martin Luther King Celebration event to be video-
taped so it can be shown on Channel 21. Ms. Wang stated that she will ask City Of Federal Way videographer Sid
Lee to attend. Council member Kochmar moved to approve option 1; authorize the City Manager to approve
the 2007-2008 Diversity Commission Business Plan. Mayor Ferrell seconded. Motion passed.
Cedar Grove Park Fence Options
Ms. Hanson provided the background information. Chair Burbidge and City staff toured the park on Friday October
5. Cedar Grove Park is a new park. During the design phase of the development, a wooden fence was provided to
the home on the SW corner. The wooden fence was installed because this house was originally on park property,
and was sub-divided. When the park opened, two neighbors experienced people entering and leaving the park off of
public property. One of those neighbors lives alongside the holding pond; and the other neighbor (the Lockett’s) live
along the park property. In order to alleviate people coming into and leaving the park off of private property, a path
was constructed along the north side by the holding pond and a coated chain link fence was installed. The proposal
is to install a coated chain link on park property, along the Lockett’s property. More vegetation will also be planted
along the fence to prevent people from looking into her property. This would prevent people being able to enter her
private property. Deputy Mayor Ferrell asked what the City policy is regarding fencing and parks. Ms. Hanson
answered, that we generally do not fence parks. The parks tend to have natural barriers. How did we get to the
PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 9, 2007 Summary
Page 2
decision of installing a cyclone fence as opposed to fencing as opposed to a wooden fence? Ms. Hanson answered
that the first consideration was should we be putting in a fence? Who will benefit from this fence? Will the City
benefit from this fence? The decision to put in the fence was trying to be a responsible property owner and neighbor.
We created this public attraction, and staff felt that they should try to prevent any further interruption onto private
property. The cyclone fence decision has to do with the maintenance, and the experience of trying to maintain
wooden fences on public property. The cyclone fence is consistent with other private fences along the park, and is
consistent with the improvements made along the North side of the park. Most of the neighbors have chain link
fence. What is the cost and height differential between wood and chain link fence. Mr. Dickinson answered that the
standard is 6ft high. We install commercial grade chain link fence, which would be 6ft. The cost is not in the
installation of a wood fence, it is the long term upkeep of the fence. Council member Kochmar stated that there are
three options: 1) install a wood fence, which could attract graffiti, 2) install a coated chain link fence, and 3) install a
coated chain link fence with privacy slats. The privacy slats will add to the price, but would solve the problem of
people looking into the private property. Chair Burbidge asked what the committee would like to do at this point.
Council member Kochmar would like staff to work out a compromise with the Lockett’s. Deputy Mayor Ferrell
would like this to come back to the full Council so the rest of the Council could hear what the resolution is. Deputy
Mayor Ferrell would like to follow staff’s recommendation and install the 6ft coated chain link fence with the
privacy slats. Council member Kochmar is concerned about other citizens coming to Council and asking for a fence.
The resolution of the fence will go back to full Council and be presented during emerging issues.
Public Comment from the Lockett’s
Staci Lockett stated that the decision was made to go to straight to chain link without any discussion as to the privacy
issue. By installing a chain link fence the City is doing a big disservice to the children and their safety. She is
concerned that children will climb the fence and fall into her mother’s yard – would her mother be liable for the
injured child? There needs to be a policy regarding the installation of fences if a park is developed around houses.
There was a lack of planning by the City.
Juanne Lockett stated that she was told by Betty Sanders that she would receive a wood fence with a gate that would
open up to the park. She is concerned about kids that may run through her yard, and that she would be liable if they
were injured. Juanne stated that she cannot sit outside and enjoy her backyard. A chain link fence with slats would
not provide privacy. If a chain link fence is installed, she would not be able to access the park with her
grandchildren. They would be forced to walk around. Ms. Lockett stated that she would be willing to pay for a gate
on a wooden fence. The City cannot pay for the gate; that would be a gift of public funds. Staci stated that City staff
is already coming out to fix the graffiti on one of the fences; she does not understand why it would be a big problem
to remove any graffiti that may appear on their wooden fence. Deputy Mayor Ferrell asked if the City was legally
obligated to put up a fence at all. Ms. Hanson answered that we were not legally obligated. Deputy Mayor Ferrell
asked if a chain link fence would be acceptable as opposed to no fence. The Lockett’s can install a wooden fence on
their own property if they wish. Deputy Mayor Ferrell stated that the committee should follow staff’s
recommendation, but that if the Lockett’s really want a wooden fence then they are free to install their own. Council
directed staff to install a coated chain link fence with wooden slats, and if a gate is desired, then an agreement would
be worked out. The fence will be located on the property line, and will be installed as quickly as possible.
Additional vegetation will also be planted. A brief report will be brought back to Council.
Authorization to Advertise for Bids for Remote Lighting Control System for Sports Fields
No discussion was held. Council Member Kochmar moved to accept option 1; Give authorization to bid for a
remote lighting control system for sports fields. Deputy Mayor Ferrell seconded. Motion Passed. Council
member Kochmar requested that a small presentation be given at the October 16 Council meeting. Mr. Dickinson
stated that it is a great energy saver and it has a lot of benefits. He will attend the meeting to answer any questions.
Maintenance and Labor Agreement for Emergency Equipment Installation and Repair
No discussion was held. Deputy Mayor Ferrell moved to accept the Maintenance and Labor Agreement, and
authorize City Manager, Neal J. Beets, to sign such Agreement. Council member Kochmar seconded. Motion
passed.
PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 9, 2007 Summary
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Amendment to the Civil Service Ordinance
Chief Wilson provided the background information. The RCW for our size of agency requires that a certain number
of positions are designated as civil service. The Federal Way Police Department is recommending amending the
Civil Service rules and the Ordinance to designate the Chief of Police, the Deputy Chief and the Executive Assistant
exempt from Civil Service. This Ordinance will enable the department to be in compliance with the RCW and would
also allow the Commander rank to be a part of Civil Service. Council member Kochmar moved the approval of
the Amendment of the Civil Service Ordinance and authorize the Mayor of Federal Way to sign such
Ordinance. Deputy Mayor Ferrell seconded, motion passed.
Cingular Wireless Site Lease Renewal – Saghalie Park
No discussion was held. Council member Kochmar moved to recommend approval of the lease renewal and
authorize the City Manager to execute the amendment. Deputy Mayor Ferrell seconded, motion passed.
Cingular Wireless Site Lease Renewal – Sacajawea Park
No discussion was held. Council member Kochmar moved to recommend approval of the lease renewal and
authorize the City Manager to execute the amendment. Deputy Mayor Ferrell seconded, motion passed.
Proposed Ordinance to Prohibit Minors’ Possession of Certain Graffiti Tools and Refine the Definition of
Graffiti Tools
Ms. Richardson provided the background information. The proposed Ordinance defines and clarifies the definition
of graffiti tools. They have clarified that the graffiti tools are pressurized paint containers, and the definition of
marker pen was amended to be defined as a broad-tipped indelible marker with a tip exceeding four millimeters at its
diameter. The Council Committee had been concerned that any minor in possession of graffiti tools could be cited.
Ms. Richardson clarified that if a minor is in possession of these graffiti tools there still has to be circumstances
demonstrating the intent to commit graffiti. Deputy Mayor Ferrell moved the approval of the proposed
Ordinance and forward to full Council for the first reading at the November 6, 2007 meeting. Council
member Kochmar seconded. Motion passed.
Juvenile Curfew
Ms. Richardson provided the background information. The legal department has drafted a proposed Ordinance. The
Ordinance follows a lot of what Tacoma and Auburn have. It is difficult to draft an Ordinance that will stand to the
Constitutional challenge. The issue is that agencies do not have the resources to take in juveniles, and there is
concern that we may take the children into custody, but no agency that will take them. Legally we cannot hold them
in our holding cells because juveniles must be separated from adults. Staff feels that there is a lot more work that
needs to be done on the Ordinance. The challenge will be finding where to take the children. The Ordinance does
not address what to do with juveniles that do not reside in the city. Chair Burbidge asked what Tacoma and Auburn
are doing with their curfew. Ms. Richardson stated that she received information from Auburn that they have never
cited anyone on a curfew violation. Chief Wilson clarified that this is a legal analysis and does not include any
research or review of police operational issues that are associated with this proposed Ordinance. Ms. Wang stated
that if Council wants to consider this Ordinance, then staff will need more time. Chair Burbidge asked that if we
have this Ordinance in place, would it be a useful tool for the Police Department. Chief Wilson stated that his role is
to enforce the Ordinances that are passed by Council. He has not researched or reviewed the impact of this
Ordinance. Chief Wilson stated they would need to research what are the citizen’s expectations of the curfew, and
will they be able to meet those expectations. He has found with Auburn and Tacoma that their curfew Ordinance is
not being enforced. The services in this area are very challenging to find an agency to place the juveniles. After
discussion, it was decided that staff would take the time that is needed and continue to research the proposed
Ordinance. Deputy Mayor Ferrell stated that this would be a good item to discuss at their retreat; this is a major
policy issue. Chief Wilson stated that another key piece of this Ordinance is the defenses of those specific items that
were identified as being a defense. These defenses are written to meet the constitutionality of the Ordinance, but this
is an area that operationally he will be very focused on in terms of the effectiveness of him being able to take action.
NEXT MEETING – November 13, 2007 5:15 p.m. in the Hylebos Conference Room
ADJOURNMENT - Meeting adjourned at 6:53p.m.