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.