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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 10/21/1997 4 MINUTES FROM PUBLIC SAFETY COMMI't'T�E MEETING OF OCTOBER 21, 3.997 PRESENT: Jim Bennett, Chair Leona Orr Tim Clark Roger Lubovich Meeting called to order at 5:09 p.m. by Chairman Bennett. DV ORDINANCE: Lubovich explained that our current city codes auth9rize the court to issue no contact orders for defendants that are arrted on domestic violence charges. There is a question on whether or not the no contact order can be issued while they are in custody as opppsed to being released from custody. Lubovich is proposing an emergency ordinance to go to council tonight that clarifies the city code Apo that the court can issue no contact orders for those charged with domestic violence while they are in custody and the charges are pending. It would go before council tonight as an emergency ordinance that would be effective immediately. Clark stated it is evident that this is simply a ho -cleaning item and moved adoption of the emergency ordinance and rPommended that it be forwarded to full city council for approval. Orr seconded motion; passed unanimously. BUD GRANT: Leona Orr explained that there appears to be some discrepancies in a Federal Housing and Urban Development grant that the city uses to get money to hire police officers, indicating she has prepared copies of the information she received. The August 1997 gran , Bpplication states that there is an increase in violent crimes in Kent However, the Mayor and the Police Chief are citing that we have 'R decrease of crime in Kent. Orr indicated that she will be asking for, ah independent investigation on crime statistics at council tonight. As the budget is being prepared for 1998, Orr indicated she felt it is important that this information be clarified. After some discussi6n between council members as to the validity of this issue. Leona Orr made motion that the issue be presented at council tonight; motion seconded by Jim Bennett. Tim Clark expressed his opposition. Motion passed 2-1. TRANSFER OF FUNDS: Police Chief Ed Crawford asked that $6500 be trans;erred from the Police MDT Fund to reimburse expenditures of weight,tcontrol equipment for the Commercial Vehicle Enforcement Unit, which *as purchased during the construction of the Regional Justice Center. The Commercial } MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING October 21, 1997 Page 2 of 9 i Vehicle Enforcement Unit is a section of the Police ;Oopartmentls Traffic Division that monitors heavy-truck traffic. Motion by Tim Clark to approve transfer of funds; seconded by Leona Orr. Motion passed 3-0. JET SKIS: Jim Bennett explained that back in the spring there Were several committee meetings on the subject of personal watercraft/jet skis. An ordinance was prepared which was to sunset on Septer 15th. Bennett explained that on September 16th he started receiving phone calls and found himself confused because he thought that meant';; the ordinance went back to what was there previously. Due to this conf"ion, Bennett opened the meeting for public comment. Roger Lubovich indicated that to clarify at this pojAt the committee needed to know what we have and how we got here. Lovich read the ordinance so that there was a clear understanding of,�what it says. Lubovich explained that the sunset was specifically Discussed by this committee, however, the sunset was not included in the ordinance itself as it was determined that it would be evaluated at tle end of the season. Lubovich indicated the language of the ordinance states: Personal watercraft may be operated on the lake at to and including 8 miles an hour any day except during the hours of ; Vkness. Lubovich explained this means anytime, any day of the year, 4ept during darkness, which is by state law. You can operate ; ,; et ski up to 8 miles an hour on the lake. That includes today, crow, summer, any day. ; Lubovich indicated that part two of the ordinance states that personal i watercraft may be operated on the lake at speeds n Oxcess of 8 miles per hour only as follows: A) between the hours of noon and 6:00 p.m. ; B) on even numbered days of the calendar; and C) from and including May 16th through and including„ SepRtember 15th of any year. Lubovich further explained that is the exact langua:c, from the original ordinance that was presented to this committee and ttl ,the council. The season is now over, and it is now time to review th*; ordinance. Leona Orr indicated she was confused because it waster understanding that when the trial period ended, personal watercraft/jet skis as well as boats would be allowed to use the lake. Orr exp Ined she had not seen any reports as to what happened over the summeri� regarding stops being made or tickets issued, whether it was succesorul or unsuccessful. Orr stated she thought the sunset aet that after September 15th the restrictions were lifted and personal watercraft/jet skis had the ability to use the lake on any day wi"*, n normal restrictions. k 1 MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING , October 21, 1997 Page 2 of 9 Lubovich agreed there appeared to be a misunderstar44stq, indicating that there needed to be a determination of whether o* not the ordinance should remain in effect, whether it should be amende4, repealed, altered, or left alone. Bennett indicated he had spent time on the lake in different areas and monitored the noise levels, the boats and the jet sls� oz. He and his family spent July 4th and 5th at the lake and tried *0 look at it subjectively, but saw numerous occasions where the sJArs were more dangerous or as dangerous as the jet skis. Orr indicated that until some sort of documentation 4s to whether or not the ordinance worked over the summer, she would dike to continue with the every-other-day plan to be sure that people,,,;are allowed use of the lake, perhaps an amendment to the ordinance coul# ,be prepared. Lubovich explained that he could draft an ordinanceivith modifications or amendments, whatever the committee desired. Bennett stated he would like to carry on with Orr's lbotion and then open for discussion. Orr moved to present ordinancea; as it was over the summer; motion seconded by Bennett. No comment by T$A Clark. PUBLIC COMMENT: Mary Olson. 14400 S.E. 270th PL. . Kent. WA 98042 Mary Olson indicated he feels the audio and video $ should be reviewed from the meeting concerning the sunset claU#+e terminology. Mr. Olson expressed his concern regarding council being able to table issues at any time, make changes, etc. Jim Bennett explained that they normally have the Qp ,�,on of looking at the ordinance before it goes into law; however, thi�ljSwas sent in emergency form and therefore never came back to cou*il for review. Bennett explained that changing the language or prering a new ordinance can both be done legally, but to go back d review previous discussions would just be "opening a can of worms." � Mr. Olson stated he felt that they need to know if was a review or question of the sunset. Bennett stated they obviou�y felt it was a sunset clause and Mr. Olson stated they thought it �'� s not. Lubovich indicated by law it is not a sunset. The law is v® ] clear on that and explained that it will remain in effect until some�g else is done. Orr stated she felt there was confusion on the issuoggand did not really have anything to review at this time, explaining th there is no documentation showing what happened. Tom Brotherton. 2fi805 148th Avenue S.E. . Kent. WA 2NA2 Tom Brotherton passed out charts on state noise ordl nce information and discussed them. Mr. Brotherton explained that �re is difficulty with the personal watercraft having to be 300 feet *-Om shore in order to be not violate the noise ordinance in the summer ;a0tnd 650 feet off Ali i MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING October 21, 1997 Page 2 of 9 I` shore in winter, which means you cannot operate ono,,Off the water and not violate the state noise ordinance. Mr. Brotherton also brought documents from the Envi"Amental Protection Agency, Noise and Effects, and a Noise and Effects dbook. All detail the effects of noise on human beings and statn:the danger level is 75 decibels or above. He wishes the city to revi: iW these documents and the ordinance for citizens' health purposes and ;*afeity. Jack Wolinski, 13835 S.E. 260th. Kent. WA 98042 Jack Wolinski sent out letters to registered persona' ;watercraft owners because he feels the ban is incorrect. He referred ' o the previous testimony regarding the noise ordinance and related 'at he knew of boats with loud whistles violating the noise ordinar + . Mr. Wolinski stated the no parking signs bother him as well as M Ited parking at the park and limited people on the lake. Although ',:Jot of problems which have been present in the past have been bettextiithi's year, some things that bothered Mr. Wolinski included the way t a ordinance was written regarding the hours of 12-6 in the winter nod being conclusive to the weather situation. He felt that the lake should be open all day, from 9-6, and that jet ski owners should be eq,41 with boaters, because he felt that everyone who pays taxes shouWtret the same usage on the lake. Another disturbing issue to Mr. Wol was limiting people on the lake. He felt that the police were lake and it is their job to regulate what is going on anyway. P 46 should take care of their own personal watercraft or boats. Mr. W*4 h ` i further reiterated how strong his feelings were toward equo ty between jet skiers and boaters, and not having a particular groom of people getting preference. Explained that as far as the noise iss goes, personal watercraft has to meet the same industry standards 4 ,boaters, and if someone was to modify their exhaust system, the man octaurer cannot have control over that. He wished everyone would W together to make this work. i Mr. Bennett suggested that the last thing to do is dvide a neighborhood over a recreational vehicle and wishedl, o get this resolved. ,Susan Wolinski. 13835 S.E. 260th. Kent. WA 98042 Susan Wolinski brought up the idea of utilizing tIshIdIbe doral Emissions Standards Safety Program. She explained that noa0turer would spend all kinds of money setting up manufacturingsolling boats if they violated those standards. She thought that reviewed. Further, Ms. Wolinski stated that safety has been a#,; issue on the lake. She mentioned that she got a hold of a group calledislU.S. Power Squadron, recommended by the state parks and boatixg4 She thought it would be an option to have people who wished to useie lake pass a safety program for which they would receive a certit,$, oate. They would then use the certificate to purchase a decal that tit should put on MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING October 21, 1997 Page 2 of 9 their watercraft, ensuring lake users that they have,ic)dne through a public safety program. M Jill Clifford, 26703 148th Ave. S.E. . Kent, WA 98042,,„1 Jill Clifford wanted to thank the council for a tem"rary reprieve from the noise. She stated that she works out of her hou* all day and has enjoyed not having the noise every single day. She raised a number of issues the first being the water level on the lake which is very high. She mentioned the docks are already under water and a lot of erosion takes place when you have,,Jet skis and boats, particularly jet skis, go around the lake in ,�he winter time. Secondly, the safety issue. Ms. Clifford asked if re were patrols on the lake during the winter, because without pate „ s of the lake during the winter time she felt jet skiers should n(* ,be there. Ms. Clifford did not think that the watercraft access lake could be regulated. Ms. Clifford felt the noise and traffic on lake was on issue that you cannot sit down and resolve with neighbors, due to 4tfering opinions. Steve Crowell, 26709 148th Ave. S.E. , Kent, WA 98Q, l Steve Crowell stated he was surprised and not sur od ;about the sundowning conversations. Mr. Crowell recalled sea heard that sundowning was the choice between two proposals aiw, �d a split city council. The two proposals were an outright 365 doy-,a-year ban on jet skis on Lake Meridian and a part-time ban which woui , compromise. He felt sundowning was to see if the part-time ban v4s successful and would be revisited possibly at the end of the year tb see whether it was going to be a full-time ban or a continuation of' the part-time ban. He explained that he was a little surprised to see q ty council members admit that they didn't read or understand the ordino)ape that they voted for passed. He felt the real question was whether *. continue with ordinance as it is or revisit it and take the other foltesrnative: total banning year round. Marilyn Gibbs. 14661 S.E. 267th St. , Kent. WA Marilyn Gibbs has lived on the lake for approximate ; six years now. When she moved to the lake, she specifically moved;; a after researching which lake in King County she could usel''' "", Prized craft on. Ms. Gibbs feels that when this legislature was enac�, one of her rights that she moved there for was taken away. She explained that she used the lake a lot and is out there frequently. S & thinks that if the noise is an issue for people, they bought their,;��bo os there and they moved there knowing what that was like, just aii she did. She felt that if that bothered them, they need to move to a 'p motorized lake or a semi-motorized lake. She reiterated that she fait like one of her privileges had been taken away. I � i MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING October 21, 1997 Page 2 of 9 Ms. Gibbs mentioned that the lake is a resource fob, Imam people of the City of Kent to use as a recreational facility, and; ve taken away their rights too. Bill Turnbull, 13926 S.E. 256th. Kent, WA 98042 i Bill Turnbull agreed with the previous speaker. Heientioned that historically Lake Meridian had been used for boating,l' an4 recreation for many years. People who had bought homes on the lakewykngw that the lake was used for boats. He stated that old boats' exhau�t goes directly to the atmosphere and are a lot noisier than some of tl ! bgats used now. Mr. Turnbull mentioned that he has a boat which goo* 651m.p.h. , a lot bigger than a jet ski and a lot more dangerous. Hie,.Jtelt that any -restrictions put on a jet ski should also be put onjitt beat. Mr. Turnbull also stated that when the park was r led several years ago, there was a move to do the park in two stepsfte� first step was having a boat launch, which was convenient because *e only people who could use a boat were people that had dock and a boot. So, this is not a new move to restrict access to Lake Meridian. Mr,,, Turnbull felt that the lake should be totally open to motorcraft or to' &lly closed to motorcraft, should include both jet skis and boats, jand should have no division. It is a public park, etc. Ellyn7 W ' w Ellyn Ricker has lived on the lake close to 20 y ,, and there were no jet skis at that time. When they were, they were 3hegal. Ms. Ricker explained that only when the exhaust was modified affew, years ago and placed under water did they become legal on Lake �dian. Ms. Ricker stated that as the population grows it very reasonable that laws have to change as well. She would like ;,reinforce that due to state-owned fishing launch, regulation on the 1 ' is impossible. The state does not come out and maintenance it, le ' alone regulate it. They don't even close the gate on it anymore. So, l ogle can launch from that access. They're only supposed to launch;oexre for fishing & if have a license. But, because not regulated it'UbUsed, all summer long. So, regulation is not possible unless the 1 cl* can be taken away from the state. Jim Lackey. 14410 S.E. 270th PL. . Kent. WA 98042 Jim Lackey lives across from the county park where14 ' :, ' noise is the worst, although very nice in the summer with quiet;'l; yo every-other- day. Mr. Lackey expressed his hope that quiet day,,Aio� be taken away, that jet skis split the community, and the comprou," a is working. Parry Kaight. 20318 21. 1st Ct. S.E. . Kent. WA Barry Kaight objects to quiet days and thinks thatJif you say quiet days, it should mean no boat traffic whatsoever. Belt it was worth mentioning that it is a public lake and all tax p slin Kent should 8 MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING October 21, 1997 Page 2 of 9 have access to that lake equally, regardless of who or not you have property or live on the lake. Mr. Kaight agrees this more traffic but felt that to limit watercraft use to people the1%llive around the lake or to try and isolate it so public cannot have,jopcess is wrong because it is no more their lake than anyone else's.;;, Mr. Kaight explained that banning one type of motorcraft is " ,terial in regards to talking about quiet days and not quiet days bell " you cannot differentiate between quiet day with boat running dl the lake and jet skis on lake. Mr. Kaight agrees with the previous a, tament but cannot understand why banning one type of watercraft woulalve a quiet day. Bill Rausch. 26430 136th Ave. S.E. . Kent, WA 98042 Bill Rausch felt that the compromise last summer w4d well. He encouraged that this be studied carefully. He roll that jet skis still had access and could operate under 8 m.p.h. a time of the day (inaudible) except at dark, which worked out well i noise purposes and safety issues. Mr. Rausch stated that one of reasons for the every-other-day compromise was due to the police bo only being able to commit to being out on the lake on certain days# ­"iOh was the day they would target. He felt that data would support Ithat most calls to 911 were for safety violations or noise, or anything` 61se that happened like that. Mr. Rausch felt the real issue was not ether or not it worked, because worked well, but felt ordinance ia. : Tim Lombardo, 27520 46th Ave. S. Kent. Tim Lombardo related that he goes once or twice a .*' *fth in the summer time because of overcrowding. He said he realizes p09pl,e don't like jet skis because of noise, etc. However, he is a J4 skier, boater, and skier. Mr. Lombardo does not want discriminatic .arid supports limiting the number on lake. He feels the every-ot Olr-day compromise is okay, but wants it equal. He feels that boats do': not have any more rights than jet skiers. "- Sam Vass. 14610 S.E. 266th Street. Kent. WA 98 042 Sam Vass lives across the street and wants to remin council of zoning laws. He feels we should out law loud boats or jets i4s, period. He related there is no excuse for loud boats, of which j of ,skis fall in that category. J, Corey Klaught. 20716 105th PL, S.E. . Kent. WA Corey Klaught is a boat owner who goes to Lake Meri n every chance he gets. He feels jet skis are a problem because he i however, does not want to ban them because he has been a jet ski or and thinks they should have every right to be out there as the i t owners do. Mr. Klaught thinks that 'if they start banning jet sk*41 at Lake Meridian, it's going to go ballistic everywhere elsojii,and will start banning everything everywhere. He feels that when ) 00pile pay the same amount to license any boat or vehicle, they should 10, 11 Via iequal rights and a ban should not be done. MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING October 21, 1997 Page 2 of 9 Robin Rausch 26430 13 6th Ave S E KSnt,, WA q fi& Robin Rausch lives on the lake. She feels that jet skis are a problem and poses the question of how to deal with it. She stated that safety issues reveal that most injuries are related to per s watercraft. . She related that in dealing with this problem she ;;;not think a total ban was appropriate but to try to control the probl ' ,;=at first with police controlling some problems. Also, to make is , ski usage on days when the police would be patrolling the lake. Ms. usch felt that jet skis caused the majority of violations and complaint, and to repeal any portion of this is to go against all testimony „ ceived previous. She related the problems occurred after jet skis c i iShe felt that by limiting days jet skis could be on lake heighten ! la�ability and responsibility. Ms. Rausch further related that th ' summer was the easiest summer to deal with, problems and noise dimtshed. She wished to leave the ordinance in place, review stats, and what happened. She felt that safety should be a concern and this i rtow to solve the safety issue. Carol Vass. 14610 S.E. 266th Street. Kgnt, WA 98012 Carol Vass feels that things are treated differently1 (gives examples of different types of governments) . Felt that categoV of like things are treated differently. Tanya Klink, 11408 S.E. 228th. Kent, I J Tanya Klink stated she has been a personal watercrs 'owner for 12 years and that her concern issue is with safety, whiff is not only a problem for Lake Meridian but state-wide. She felt , it Was not such a bad idea to issue separate licenses so people go thaaugh safety classes before they buy personal watercraft. She said that Oet skis are here to stay and there needs to be compromises for them. i; Xs. Klink related that most of the accidents are head injuries, 90 pe � oent. She suggests that helmets be worn. Ms. Klink felt that 'ij ot 'skis should be treated as equal and that the every-other-day comprqoise is not bad but should be for boats as well. p Casey Gibbs, 14661 S.E. 267th St. . Kent. WA 98042 Casey Gibbs lives on the lake and is also a jet ski and water skier, so sees both sides of argument. Mr. Gibbs disagre"o '' *it,h regulations of jet skis as well as boats on lake, however, do" as that the lake is only of limited size and does require a certain e*s regulation for all users, not just jet skis or boats. Feels a ,/Odd thing is a problem because often times his schedule does not: w ' � with the days, due to working strange hours as does his wife, and !not always have a day off on even days when they'd like to go aroun the lake on personal watercraft. Mr. Gibbs wished to modify th' � xotion to change the law so that it would read from the hours of 12-► overy day of week, thinking that this would be a good compromise. Mr. ja .b)ba does not think jet skis should be banned during winter and $ J.a he should have i3, `fi� +pry MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING October 21, 1997 Page 2 of 9 k rights during winter as well as other people. He woad be in favor of changing the motion to that effect. ; Mr. Bennett heard favorable comments on the comproaJ6,0 stats and stated they needed to be reviewed as well as evidence preste� before any decision is made. Mr. Bennett felt that we need toy" vd forward with the motion. He had copies of amendment available tQP!-Otll to review and then come back for the next meeting prepared. He f4t there was plenty of evidence from both sides and does not want to d *de 'the neighborhood. Roger Lubovich read amended ordinance: Personal wit ' daft may be operated on the lake at up to speeds up to and incl '+ q� m.p.h. any day, any time, except during hours of darkness. So $, that's still in place. Part two: Personal watercraft may be operated on t10 4ke at speeds in excess of 8 m.p.h. only as follows: th A) between the hours on 12:00 noon and 6:00 p.m. ; and B) on even-numbered days of the calendar throughout �e year. So, basically ordinance provides for 12:00 to 6:00 � 4rtspeed operation on even-numbered days all throughout the year. 1¢ a Ms. Orr stated that was what she had oninail a g y �p�, r ; and felt there needed to be new information on noise in winter ae sed to summer. Unidentified audience member asked if police will pr6vide patrols. Orr related that was something that needed to be lo*ed at. She said she didn't know how many accidents or injuries occu ," and would like to have statistics before going further. This ordiance is not being adopted, only being proposed, but could be adopted ,-next meeting. Bennett indicated he understands the motion and sugt6d it be brought back for discussion at the next meeting, 'to be held)# vember 18th at 5:00. Lubovich clarified that the ordinance passed last sakInd with no sunset provision. Motion of the council was to review the. i Inane at the end of the summer season to review performance and ; ine whether the ordinance should be repealed, amended, or left',; 000. He was asked to draft an ordinance modifying the present ordin ;,,which extends odd/even days of operation throughout the whole y ! ",n$tead of just the summer. Lubovich stated that the ordinance will be brought Pk, at the November 18th meeting and could be thrown out by committe or,110proved to go on to full council. i Motion to come back to next meeting by Orr; second .by, Bennett. Motion passed 2-1. No comment by Tim Clark.