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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 11/18/1997 V - MINUTES FROM PUBLIC SAFETY COMMITTEE MINETING NOVEMBER 18, 1997 PRESENT: Jim Bennett, Chair Roger Lubovich Tim Clark Connie Epperly Meeting called to order by Chairman Bennett at 5:05 p.m. Local Law Enforcement Block Grant for Domestic Violence Roger Lubovich explained that the city's application for funding has bew approved through the Bureau of Justice Local Law Enforcement Block Grant program in the amount $69,402. Ten percent of the $69,000 would be city matching funds. The grantim been earmarked for domestic violence response enhancement. It does not supplant any current program. It is a two year grant and they intend to use half of it, approximately $35, ,000 with the matching funds for the first year for a domestic violence advocate pooition to assist the current domestic violence advocate. For the second year they would possibly continue with the domestic violence advocate position and also look at police overtime for domestic violence response. The temporary position has been requested in the budget, but it is a condition of the grant itself. This has been discussed at previous Qpsrations Committee meetings. Lubovich further explained that as one of the condition ofceptance of the grant, they require that a public hearing be held on the dispersem& and use of the grant money, which can be done at committee level. The public hearing I* belen advertised to for today's meeting. Chairman Bennett asked if there were any questions, and then opened the meeting for public testimony. Clark asked if there were any members of the public who wished to; tify on the issue of the domestic violence grant monies. No comment from the audience was presented. Tim Clark moved to close the hearing; motion seconded by Connie Opperly. Motion passed unanimously (3-0). ; Tim Clark moved to approve acceptance and dispersement of Local,il-aw',Enforcement Block Grant funds as presented and requested the issue be placed,gn the December 9, 1997, City Council Consent Calendar for approval by full Council; rnptlon seconded by Connie Epperly. Motion passed unanimously (3-0). Tim Clark thanked Captain Jim Miller of the police department for th.9 work he did on the grant application. Qperation of Personal Watercraft Ordinance Jim Bennett explained that a copy of the draft ordinance was sent out to those who signed the mailing list at the last meeting. He was hoping that people got together after reviewing 1; Minutes from Public Safety Committee Meeting T November 18, 1997 Page 2 of 8 the draft ordinance, made any changes they would like to see and came to the meeting today with those changes. At Bennett's request, Roger Lubovich explained what the current lawn Js and what the proposed ordinance does. Last May, City Council adopted an ordinance that restricts the use of personal watercraft as follows: personal watercraft may be operated on the lake at speeds up to and including 8 mph any day except during the hours of,darkness. Part two covers high speed use. Personal watercraft may be operated on thelake in excess of 8 mph only as follows: between the hours of 12 noon and 6:00 p.m. oneven numbered days of the calendar. Lubovich explained that at the last meeting there was discussion about opening up high speed use on even numbered days, as it was durin%the summer. The proposed ordinance would allow personal watercraft to be operated �n,the lake at speeds in excess of 8 mph as follows: between the hours 12 noon and 6:00;p.m. on even numbered days of the calendar throughout the year. This change would authorize high speed use year round. Chairman Bennett opened the meeting for public comment, asking that individuals come forward and identify themselves: Bill Turnbull, 13926 SE 256th; presented information he had researoso on a court case that was heard in Illinois. His interpretation is that the court decisiceys it is illegal under federal law, as well as permits issued by the Corps of Engineers, to iscriminate against different types or different classes of personal watercraft, boats or vicles that are using those waters. He feels the committee should carefully consider a resolution that would treat all types of water craft equally, as the ordinance presented here today does not. He feels that the information he has presented gives all the arguments that were used in the court case and citations of federal law. He advised that there were two permits issued by the Corps of Engineers for building the park at Lake Meridian and there may be restrictive language in those permits also. Roger Lubovich that he would have to look into the case, but felt them was probably a different set of circumstances associated with it. s , Steve Crowell, 26709 148 AV SE; advised that he had information t Ponflicted with the information just presented. He had spent time looking through reso, that were available over the internet. There was a lot of information about watercraft being separated out from other types of boats and laws that were totally separate. He feels to some extent that this situation is the fault of the city for the way that!fey have implemented the jet ski laws and the way they have supported them. From the testimony that has been presented, it is intuitively obvious that jet skis are somewhat more d gerous than boats and they make lots more noise, but there has been no empirical prodf given. From the information he gathered, Crowell presented the following statistics., i, tate of Pennsylvania - of the registered boats, 5.5 % in 1996 were personal watercraft; of rrted boat accidents, 33% involved personal watercraft; injuries, 31%; and collisions, 61 Q Mate of Michigan Department of Natural Resources -45% of the 689 boating incidents,[reported during 1995 t 4 } a N Minutes from Public Safety Committee Meeting November 18, 1997 Page 3of8 season involved personal watercraft. Colorado State Parks - persona watercraft make up less than 10% of the registered watercraft, but they account for 50% Of,the states boating accidents. Collier County, Florida - in February they restricted the u$,e'of personal watercraft, by name, to a minimum distance of 750 feet away from tha shore, reducing the risk to bathers as well as noise. Fort Lauderdale, Florida - in Septetr they banned personal watercraft from city waterways, residents have complained;Obout the noise and the wake caused by the small craft and some say they also create a'danger to swimmers and boat traffic. Federal National Parks - in September the Star Tribune in Minneapolis reports that federal officials announced a moratorium will be imposeGl on the use of personal watercraft in the National Park system, stating the moratorium is part a long overdue review of boating and water recreation rules throughout the,,National Park system, questioning whether personal watercraft are compatible with the rul of some parks. Lake Tahoe - in June banned personal watercraft with two cycle carburetl engines, citing water pollution and noise pollution. As you can see, personal watercraft aile not just another type of watercraft, they are frequently separated out from common boats. A is not just some effort by people on Lake Meridian to discriminate and oppress people who ride jet skis. They are incredibly dangerous in comparison to regular boats, and thye,statistics are out there. The Personal Watercraft Industry Association (PWIA) has publishetiaftve point personal watercraft platform. Crowell advised that they appear to be a very, onsible organization and they have taken to self-governing, self-policing. PWIA memo a manufacturers of jet skis. Number one in their five point plan is boater education. Th +have developed classroom materials now used in more than 12 states and national organizations such as the U.S. Coast Auxiliary, the U.S. Power Squadron, local boating enforcement agencies. Residents along Lake Meridian encouraged from the start that there Oe an educational program that required some sort of certification and proof that you haO, been trained in order to be allowed to use a jet ski on than lake. The police departm tt advised they had no resources to administer such a program. Point number two is noise reduction, an admission that there is noise problem. PWIA endorses the use of so+called shoreline noise measurement laws as contained in the National Marine Manufa A, Asociation. This was another proposal from the Lake Meridian Community Ass the people around the lake, but again were told the Kent does have the re ` 'f do that. Point number three is a model PWC legislation, however, Crowell was n 10 get a copy in time for the meeting. Point number four is strong, effective boating I rcement. The original times and dates that,were put in were to restrict the use of p psortol watercraft on that lake to coincide with times when there was adequate law enforconent on the lake. The proposal presented is to put more jet skis out there when the "no.police coverage. Point number five is balancing the rights to all parties. They talk abok�t everyone has to be represented equally and about how situations have been resolved, Hp stated that what is being proposed here is not in concert with what's been recommendoO by residents from around the lake and is not in concert with what PWIA would advise you,to do. Bennett clarified that the Committee is not making the proposal. Theo0r,,dtnance was made up from input from the members around Lake Meridian and the court ttae is just passing Minutes from Public Safety Committee Meeting November 18, 1997 Page 4 of 8 r judgement on it. It was brought back today, hopefully, with some ne' ideas and some new thoughts. To follow up on the case submitted by the first speaker, Lubovich stated its not really based on the same set of facts. The case has to do with a violation of a copOtion issued by the Corps for the development of a boat launch and a permit violation i4ai he reason why it was invalidated. It was a permit condition violation. The condition beinl cannot deny access to this launch if we let you put it on the river. It was a permit,Wolation which is not the same as a police power regulation. Turnbull argued that he bel*'►ves it does have to do with a permit violation and does cite federal law that says you cannOt unfairly restrict or discriminate against the various classes of watercraft. The two thingo that he was really trying to address, one was the federal law that prohibits discrimination.and the other is the possibility that in the two permits there may be language that is connon in the Corps of Engineers which would prohibit discrimination. Burke Lowrey, United States Power Sauadrol3s; Presented a video$aped called "Jet Smart". He proposed to the committee that one of the problems they are having throughout the State of Washington and throughout the country in general is tho fact that there are a lot of people competing for a lot of public resources and they are tr*9 to get people to start taking some classes. He would also like to connect with somekalers and possibly get a course like this sold through the dealerships when the wat are sold so people who are buying can be aware of rules and regulations that pertain:,. ,'appears there is a lot of the equipment being sold without a real understanding of how fay the equipment is and the rules, regulations and responsibilities that accompany the purchoise of that vessel. And, these are vessels, they have registration numbers and according to the Coast Guard, these people are supposed to follow the same rules and regulation*as everybody else. Following a question from the audience as to information on the nul' ber of 911 calls, Connie Epperly asked how many accidents had occurred on the lall Bennett advised that he knew of one boating violation, but it didn't identify what the t c a Lion was or what type of boat it was. Pat Meldv, 26718 13 P8 L SE; Advised that she knew for a fact ya ei were quite a few calls made to 911 and they were on days when the police boat wa Patrolling the lake. The personal watercraft were in clear violation of the ordinance aril a of times as soon as they saw the patrol officer going to the boat after several calls , made, they would get off the watercraft and depart. They knew when the police offs a,were around. A lot of times personal boaters tried to go around and tell others that they,metre violating the law and if the police department came out they would be cited. On thei, $ions when she herself called because there was a violation of ordinance, even wi . her sliding glass doors shut, all the windows and doors shut, and the comment of the 911 ator was "Oh my god, what's that noise." It was the jet ski. She stated that she knc+ its supposed to be a safety factor, not a noise factor, but when she can't leave windows; doors open because of the noise, and can't hear people talking on the telephone, she fi;� it a violation of her rights. In addition, right now during the winter months when the water table of the lake has 4 F a Minutes from Public Safety Committee Meeting November 18, 1997 Page 5 of 8 ` risen, people are losing their beach front. One resident has lost fouret of his beach front property due to the erosion of the soil because of the watercraft. Last year when this ordinance came out, although the jet skis make a lot of noise, resideop were willing to live with it because it was only every other day. That was acceptable. To have to put up with it everyday just because there shouldn't be a aration of one type from another is not. People who live on that lake are taxpayers too apd their property taxes are a lot higher they can't enjoy their own property. There are times,When the wave action is so bad on that lake that if you even want to have your children in iW*r tubes out trying to swim, they better have dramamine because the wave action is that �. Jack Wolinski. 13835 SE 260th; Courtesy of Kent Kawasaki, he was;Able to get some printed materials on the issues. There is literature that is available t everybody, 20 Ways to Protect our Environment is a good flyer and is produced by the R X There is also a book called the Guide to Multiple Use Waterway Management, Cr a Safer Waterway, which contains the five points talked about earlier. He stated that th*re are some statistics that need to be pointed out that he finds really alarming. Why are pepple calling 911 when its supposed to be an emergency phone number. (Members of audi" interrupted that they were told to call 911.) Wolinski stated he had the floor and it wosmt open for discussion. He too lives on the lake and he pays taxes just like ev else here is sharing, but why people call 911 when there could be a life thr situation out there on the lake or maybe within the community and people are callir Ot a personal watercraft or boat doing something. This is not what it was desig and stated it his personal opinion that it should stop. He stated a couple other thingsiithat needed to be brought up are, taken from the same personal watercraft industry co4ncil statistics, the average personal watercraft owner is 37 years old. A lot of the arguents that are being discussed here all state the same thing, supervision on the lake. M; White campaigned, there were 954 hours out there being patrolled on the 1 ' ` , He personally did not see it all, but he wasn't home all day long. But the average inco i�i;of' personal watercraft owner is about $95,000 and that's per capita of combined, Me throughout. Whether its the parents or uncles or grandparents who let their; daughters and grandchildren use them unsupervised, that's a problem that th Is need to take care of. The safety issue is again bound to the owner. He nee what he's going to do and how he's going to do it. There's also various programs s safety programs and video tapes that come from the manufacturers. What1 ' ` to be done is figure out a way where everyone can get together on this program=t ako it happen. The whole object is to get this ordinance so that its fair to both sides only 13 violations this year out of the 954 hours that were spent on the, he stated he fo# it was a pretty successful summer. Regarding the problem with soil erosion, there the same problem with a boat that displaces 3,000 pound of water versus a craft that 500 pounds. If its doing it for one type then its doing it for the other. People need to. +4en minded on both ends. The enforcement is there, but he thinks a lot of the problem ";fie confusion over the ordinance. He thinks a solution can be put together that is fair t ' I. Baay Cade. 20318121 CT SE: He is an avid windsurfer and he goe ''sailing down at the I Minutes from Public Safety Committee Meeting , November 18, 1997 Page 6 of 8 ' Hood River down at the Gorge. There is a lot of windsurFer traffic these and there's a big effort by some of the areas to close windsurfing, citing basically the same reasons. They are trying to protect us from ourselves, but its not their responsibility,�, He stated he doesn't need somebody else to protect him from himself. More than anything else, however, noise seems to be the biggest issue here. He lives in Kent Eastridge, pretty much directly in the flight path where the Boeing jets come in to Boeing field. And if this group is going to be protected from the NOISE on a public lake, he feels that he should protected from the noise from the jets that are flying over the top of his house, which ara lot louder than any jet ski. What's fair for one is fair for all. His proposal would be to shot down the lake to everyone, where nobody uses the lake for motor watercraft, or open;#up so its fair for everyone else to use because it is a public lake. 7 Dr. Sam Robottom; expressed his concern about the impact of the n as on the wildlife. When he moved on the lake 50 years ago there were quite a few e;Bel3, but they have all but disappeared. There are a couple still there, but he feels the noiI does bother them. And, if they are still considered an endangered species, we shouldn' ;bm having the noise out there. Tom Brotherton, 26805 148 AV SE; explained that the ordinance we,ip have was derived over along period of time by a large number of people trying to solviis problem. They were trying to reach a compromise for people who use the jet skis. yi, ; r those who are disturbed by the noise. Its hard to find a compromise that makes e $ happy. Jet skis are a pretty recent phenomenon and a lot of jurisdictions are stn� g;rarith how to live with jet skis close to people, taking into consideration safety and noise isles mainly, and pollution to some degree. The ordinance we have is pretty good. the people he's talked to around the lake have thought that its a partial solution. Its riat a total solution. if you own a jet ski you want to run it more time. If you don't own a jet '; you don't want them anywhere near you. It not like we're saying you can't use it, Its, t that we want freedom from annoyance for all the people part of the time. The see'" ; lity was chosen for that freedom from noise for people and also because there aren't" �jet skiers who actually try to use the lake in cold weather. The majority of the rea ,Was the police boat. The police boat is put in the water in the middle of May and taken o io, the middle of September. When the police boat is on the lake everyone acts a lots, They were much more safe, they stayed further away from other people, and obeyed the laws. Brotherton recommends that the ordinance be left the way it is -- me look for other things to adjust in the ordinance, but seasonality is one of the key fa+ s that let people live with the opposing camp. Does not like the draft ordinance as pre se", , recommends to stay with it the way it read over the summer. Y 7 GAY Stewart. 26620 127 AV SE; stated his concern was the wordi f the ordinance under Section I, A and B. He owns a watercraft that has an air coo ,engine, but he cannot use it on the lake because its a 40 horsepower and they limit it to 10 horsepower because its an air cooled engine. He doesn't see why have differentiate between the way engines are cooled. Minutes from Public Safety Committee Meeting November 18, 1997 � Page 7 of 8 Lubovich advised that he had already been approached concerning particular section. He believes the section was taken from the old King County Code a niv,its not very clear. He has looked at and doesn't know why its even needed, unless ther4o is some benefit in making it easier to enforce. It is outdated and probably needs to beaked at for modification or to be removed. Scott McGill, 13709 SE 255 PL; lives a couple blocks off the lake. Hop owns neither a jet ski or a boat. He just moved into the Lake Meridian area within the last year. He does have friends who have jet skis and friends who do have boats. He has nod;l,attended previous meetings, but stated it appears the biggest issue here is noise. Lak ,f,Meridian is a small lake. From the experience he had on the lake over the summer, he Ind more noise generated from the larger craft than he did from any of the wet bikesirr jet skis, etc. From where they sat on the beach, however, most of the time he could h", lawn mowers over the jet skis. Stated he feels this discussion about noise is getting ri lows. Noise is noise, whether its a lawn mower, a jet ski, an outboard motor, peopl the beach, people having a party, whatever. He stated that personally he does not fi he noise of a jet ski obnoxious, he finds outboard motor noise louder and more obnoxiou$. The second thing he saw are the amount of vessels on the lake, there were just too marl I of�them. There has to be a way to limit the amount of vessels. Also, he has found that.tl ,pperators of the jet skis are more responsible that a lot of the boaters, stating he didn'tA�On want to talk about the issue of alcohol and boaters. ,' N t Epperly asked if the lake could possibly be closed to residents only. ,! r, it is not an option. Ralph Gerber; has lived on the lake 41 years. He stated he has never seen people out there on the jet skis who have followed the rules. Its no fun if they dop'l zig and zag around the lake and jump it up out of the water. With their muffler out of the ter, it just roars. They cannot use their own beach on the weekends at all, the waves, too high and their little grandkids can't swim in it. The silt is coming off the bottom of - *q. Gerber stated they first got permission to waterski on Lake Meridian, after King Co„ did their studies and said there's no way you can go fast on that lake and not stir up *aliment on the bottom and destroy the lake. They limited the speed to 28 mph, but somebody in the City of Kent has raised it to 35 mph. But those boats don't go 35, t ,goli 50 to 60 mph. Gerber stated their taxes are twice as high as the people across the ,' d,ithey are paying for the beauty of that lake. The few outboard motors that he sees srr (usually trolling, fishing. You don't very often see an outboard skiing. They can't Igo fast enough. He stated he feels they are entitled to have it quiet. The jet skis drive crazy. You feel like taking a gun out there. Gerber said the police department is doi I :a good job, but they are not issuing tickets for speeding, they are warning people, trying# slow them down. When the county bought the picnic area, residents said it would be 1 as long as they didn't put in a boat launch. Well, first thing they did was put up a b launch sign. After complaining to the county, the were told the couldn't go by what emp, ees told them, they had to go by what the general public wants. Gerber stated he feels ething is very wrong. FI Minutes from Public Safety Committee Meeting November 18, 1997 Page 8of8 i Marilyn Gibbs, 14661 SE 267; lives on Lake Meridian. Circulated a Iq tter that she and her husband wrote. She stated that she doesn't feel its the noise on theoke that has impacted the eagles, its the insecticides. She has seen the eagles are out th"when the boats and the jet skis are there and when they are not. Feels the ordinance that was proposed last spring is not the ordinance that was enacted. The ordinance was wr tan with Mr. Brotherton in attendance and she feels it is biased and changed. This was evident at the last meeting when people were very confused about the sunset claw and exactly what happened on September 15th. Most were lead to believe that it woul go back to the way it was before. She feels the people who are really against this are thelaple that don't use the lake. She does not want to see her use of the lake taken away, Gating she feels very strongly about it. HEARING CLOSED by Chairman Bennett. Milli d Bennett stated the issue would be moved to the December 9th Courl meeting, under "Other Business" and it will be up to the Mayor to decide how much i'put is to be given at that time. Usually holds his speakers to three minutes. Bennett furthw stated the he hoped the neighbors do not divide themselves as a result of this. Following discussion between committee members on moving the ism out of committee, Tim Clark moved to have all items presented to the committee at, ' �rting entered as part of the public record; motion seconded Connie Epperly. Mo" q unanimously (3-0). Tim Clark moved to send this issue forward to full Council for discus on under "Other Business" without committee recommendation; motion seconded by, onnie Epperly. Motion passed unanimously (3-0). u Ali Meeting adjourned at 6:15 p.m. by Chairman Bennett. klr 11,I 1�11 f I I SllIlli '