Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/15/1991 Kent, Washington October 15, 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Assistant City Administrator Hansen, Personnel Director Olson, Information Services Director Spang, and Finance Director McCarthy. Parks Director Wilson was not in attendance. Approx- imately 40 people were at the meeting. PUBLIC Recycle Week. Mayor Kelleher read a proclamation COMMUNICATION declaring the week of October 14-20, 1991 as Recycle Week in the City of Kent. He encouraged each citizen and employee to practice the waste reduction and recycling activities that are so vital to the City and State' s future natural resources and quality of life. Mayor Kelleher presented the proclamation to Don Wickstrom, Director of Public Works for the City of Kent. Domestic Violence Awareness and Prevention Month. Mayor Kelleher read a proclamation declaring October, 1991, as Domestic Violence Awareness and Prevention Month in the City of Kent. He stated that domestic violence has reached epidemic pro- portions in the United States and that the City of Kent, through the Human Services Commission and 4 the Human Services Roundtable, is working with the community to provide a variety of services for battered women and their children. The Mayor urged all citizens to recognize this critical problem, work to provide increased services to victims, and continue the efforts to eliminate this crime. The Mayor presented the proclamation to Delia Alaniz , Kent Community Activist with DAWN. Red Ribbon Week. Mayor Kelleher read a proclama- tion declaring the week of October 19-27, 1991, as Red Ribbon Week in the City of Kent and encouraged each citizen to participate in drug prevention education activities. He stated that the City is strongly committed to a drug-free community. The Mayor presented the proclamation to Lynda Anderson of the Drinking Driver Task Force. 1 CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR F be approved. Mann seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of October 1, 1991. HEALTH & (CONSENT CALENDAR - ITEM 3C) SANITATION Walnut Grove. ACCEPTANCE of the bill of sale sub- mitted by Kerr-Built Inc. for continuous operation and maintenance of approximately 1, 066 feet of water main extension, 1, 020 feet of sanitary sewer extension, 1, 802 feet of street improvements and 1, 542 feet of storm sewer improvements constructed in the vicinity of South 242nd and 94th Avenue South from the Walnut Grove development and release of cash bond after expiration of the one- year maintenance period. WATER (PUBLIC HEARINGS - ITEM 2A) Surplus Water Utility Equipment. State law requires that a public hearing be held on the dis- position of water utility equipment, after which the material can be declared surplus and offered for sale to the highest bidder. The Public Works Committee has recommended approval to declare the material a surplus. The City Clerk has published a notice of this hearing. Wickstrom explained that the equipment includes 223 water meters which have been replaced with new meters and 1000-1500 t pounds of copper pipe and brass fittings. The Mayor declared the public hearing open. There were no comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. WHITE MOVED that Resolution No. 1296 be adopted declaring the material surplus and authorizing the sale of same to the highest bid- der. Houser seconded and the motion carried. SURPLUS (BIDS - ITEM 5B) EQUIPMENT Surplus Library Furniture. Bid opening was held on October 3 with two bids received. One bid was for $9, 083 for the entire amount of furnishings in the library. The other bid was for $1, 944 with a proposal to sell the library shelving on consign- ment as the proposer was able to dispose of it. Staff recommends that the bid submitted by Steve Charles in the amount of $9, 083 be accepted. 2 _. October 15, 1991 SURPLUS Upon White's question, Assistant City Administra- EQUIPMENT for Hansen explained that a number of options for disposing of the furniture were considered and that staff opted to go with a formal bid process. White stated that he felt if a public auction were held, the furnishings would go for more than $9, 000. He said that although the furniture was to be out of the library by October loth, it is still there. Hansen explained that the City was under a time constraint and that they considered an auction but felt that with the cost of renting a warehouse for storage, hiring an auctioneer, and conducting the auction, the bid process would be most expeditious. White pointed out that it has been five weeks since the furniture was surplused and that an auction could have been held in that time without moving the furniture. He said an auction would have generated publicity for the new library, and that there are probably a lot of people in Kent who would like to have something , from the old library. White also pointed out that the City does not have an inventory of any equip- ment valued under $1, 000. HOUSER MOVED that the bid submitted by Steve Charles in the amount of $9, 083 be accepted. Woods seconded. Bill Doolittle stated that after seeing the Call for Bids in the newspaper, he went { through the library and saw folding tables priced at $8 . 00, computer stations at $30. 00, and stack chairs for $. 85-$1. 00 each. He noted that the legal notice stated that all items had to be removed from the building by October 10, and that the City of Kent reserves the right to reject any and all bids, or waive any informalities in the bidding, or determine which bid or bidder is the most satisfactory and shall be the sole judge thereof. He stated that it is likely other libraries in the system would want the shelving, and that City departments or citizens could use the furniture. He noted that King County had held an auction of surplus equipment on October 5th in Renton, and that 450 people attended. He said Kent ' s auction could have been done at the same time. Doolittle pointed out that the City has just approved a bid for the police station remodel and that one of the items that was cut to bring 3 October 15, 1991 SURPLUS the project into budget was $90, 000 worth of furn- EQUIPMENT iture. He noted that the City recently bought a piece of park property which included a house, and that they paid $500 for the stove and refrigerator in the house, and now the City is proposing to sell a stove and refrigerator for $45. He opined that since the time limit for compliance has passed, the bids are invalid. He said he under- stands that the winning bidder has a buyer for the shelving and is not interested in the furniture. He added that additional revenue could be realized by having an auction, and that the citizens of Kent could get good buys. Orr suggested that a policy on disposing of surplus equipment be devel- oped for the future. She agreed that an auction would have netted more than $9, 000, and noted that auctions can be conducted on-site. Hansen noted for Houser that Mike Sweeney of the Police Depart- ment will establish with the contractor a start date for remodeling the old library, and that it will be as soon as possible. Charlie Lindsey, , Customer Services Manager, noted that two auctions are held each year, that the majority of items are police items, and that they usually bring in about $2 , 000 . He said in this case they were under the impression they had a very short time frame. He noted that they had spoken with Washington State Surplus, who indicated they are inundated with library shelving and are not interested in any t more. He also noted that because of the time frame involved in bringing in an auctioneer, and the storage costs involved, they decided against having an auction. White offered a substitute motion to disregard the bids and take the merchandise to auction within 30 days on the library premises. Johnson seconded and suggested that the City auction it off them- selves. Upon Dowell ' s question, Steve Charles stated that he had no buyers when he submitted his bid. McCarthy explained that Charles has since lined up a number of interested parties and will sell the items directly. Lindsey noted that in an effort to get the furniture out of the library by the end of the month, he authorized Charles to go in, take inventory, and get the items ready for sale, even 4 October 15, 1991 SURPLUS though Charles was aware that the bid had not been EQUIPMENT awarded. Charles explained that he had done a survey and contacted institutions with libraries throughout the state and submitted his bid on that basis. He also noted that Highline, Snohomish and Issaquah School Districts have expressed interest in looking at the merchandise but have not yet done so. He explained for Dowell that it is his intention to leave the material in the library until the end of the month, at which time it would be moved to a warehouse at his expense. He noted for White that he does not conduct auctions himself, that he buys merchandise and resells it. Lindsey explained for White that $280, 000 was spent on new furnishings for the Centennial Building, and that the old furniture was distribu- ted among other City departments. Hansen noted for White that although one individual was aller- gic to the new material, it did not result in an , exchange of furniture, that space was instead pro- vided in City Hall. Lindsey noted that the old furniture which was not redistributed because it was unusable or too expensive to repair was sold to a used furniture dealer for approximately $500. He also noted for White that there is not an excessive amount of used furniture and that an inventory list of what was sold is available. White stated that a lot of furniture is gone and there is no accounting for it. Upon the Mayor' s question, Hansen and Sweeney explained that the start date of the remodel pro- ject is to be negotiated with the contractor and that if the motion to conduct an auction within 30 days passes, AGCI could start after that, which would mean a few weeks delay in construction. White explained that it is not his intent to delay construction, and that an auction could be conducted within two weeks. He stated that since the City is selling furniture from a library which many citizens used while growing up, the local newspaper would probably publicize it. Upon the Mayor' s question, he said that it is not necessary to change his motion to two weeks, that staff is efficient enough to set up the auction as soon as possible. Lubovich explained for Orr that if the 5 October 15, 1991 SURPLUS City reserved the right to reject any and all EQUIPMENT bids, they are not facing any legal problems. The Mayor explained that the motion before the Council is whether to substitute a motion rejecting all bids and directing staff to conduct an auction for the material within 30 days on the library site. Charles stated that the motion appears to be more emotional than based on exper- ience, and that Council may be overly optimistic about what may occur at the auction. He opined that no one will want 6000 ' of shelving. White responded that he feels the citizens of Kent would enjoy such an auction and that a greater return would be realized. The motion to substitute carried, with Woods voting nay. The motion to reject the bids and conduct an auction then carried. FINAL (CONSENT CALENDAR - ITEM 3F) PLATS Winterbrook II Final Plat No. SU-89-6. AUTHORIZA- TION to set November 5, 1991 for a public meeting to consider Winterbrook II Final Plat Map. The property is approximately 3 . 15 acres in size and is located on the north side of South 272nd Street, 500 feet east of 41st Place South and directly south of Cardiff Street. (OTHER BUSINESS - ITEM 4A) Van Doren's Landing Final Plat No. SU-87-4. This meeting will consider the final plat map for Van Doren' s Landing SU-87-4 . The property is approx- imately 103 . 2 acres in size and is located west of West Valley Highway and south of South 228th Street. All conditions of the preliminary plat have been met. There were no comments from the audience. JOHNSON MOVED to approve staff' s recom- mended approval for Van Doren' s Landing Final Plat SU-87-4 . Houser seconded and the motion carried. MOBILE HOME (OTHER BUSINESS - ITEM 4D) PARK CODE Mobile Home Park Code Amendments. Amendments to AMENDMENTS the Mobile Home Park Code include revisions related to accessory structures, and appeal proce- dures for Building Official ' s decisions. At the October 1, 1991 Council hearing, Council also approved amendments that would allow recreational 6 October 15, 1991 MOBILE HOME vehicles in mobile home parks as permanent PARK CODE dwelling units. The City Attorney' s review of the AMENDMENTS amendments related to recreational vehicles has revealed potential conflicts with State law on the subject, so these amendments have been further revised. City Attorney Lubovich explained that recreational vehicles are not constructed or intended to be used as permanent dwellings and that he is concerned about legalizing a potential safety hazard. He said he therefore drafted changes to the ordinance ordered at the last meet- ing, which allows for recreational vehicles to be placed in mobile home parks, but not sanctioning them as permanent dwellings. JOHNSON MOVED to adopt Ordinance 3008 as revised by the City Attor- ney' s Office, amending the Mobile Home Park Code. White seconded. Motion carried. BUSINESS (ADDED OTHER BUSINESS - ITEM 4E) LICENSE U.S. Engines. City Attorney Lubovich explained that at the last Council meeting, Council con- sidered the revocation of the business license of U.S. Engines, and that although the Council could entertain discussion if they so desire, there is no follow-up procedure. He said the next step in the appeal process for U.S. Engines is to Superior Court. Michael Crossan, owner of U.S. Engines, stated that he would like to bring the business into compliance, and asked that the City inform him of exactly what needs to be done, and give him a week to accomplish it. Lubovich clarified for Johnson that there is nothing to prohibit U.S. Engines from applying for a new business license, and that they did in fact apply the day after the last Council meeting. He added that the City has inspected the site and that the business is still operating in violation of the revocation. Johnson pointed out to Crossan that if he wishes to con- tinue operating in Kent, he would have to abide by the Code, and that when his business is in compli- ance, a new business license can be issued. Crossan noted for Dowell that he is reluctant to put 37 employees out of work. Lubovich noted for Dowell that the business had been notified by letter after the license was revoked. The Mayor asked whether any councilmember would like to make a motion to grant Mr. Crossan' s request for a week to bring the business into compliance, and there 7 October 15, 1991 BUSINESS was no response from Council. He noted that in LICENSE the absence of a motion, U.S. Engines could discuss the issue with staff after the meeting, seek injunctive relief, or go through the business license process. Harris noted for White that the business license process usually takes 30 days or more, and that during the process, violations would be taken into account. Lubovich stated that operating without a business license is a violation of the law and that in response to the filing of the business license application, staff was sent to the site and found the business to be operating and in violation. White pointed out that Council has already taken action on this issue, and said that U.S. Engines ' only recourse is to apply for a new license. He added that he feels it should not take six weeks for any business to get a license. Dowell commented that he feels business license , revocation should be an administrative action rather than a Council action. Lubovich explained that the ordinance requires Council action, but that Council could amend the ordinance. DOWELL MOVED that staff look into and make a report on the possibility of amending the business license revocation ordinance so that revocations would be handled administratively. White seconded and the motion carried. Woods commented that this is the only business license revocation she has seen in her nine years on the Council, and that the City is not looking for opportunities to revoke business licenses. She also stated that the Council voted unanimously two weeks ago to revoke this license and that there is no reason to recon- sider that action. PLANNED UNIT (OTHER BUSINESS - ITEM 4B) DEVELOPMENT Planned Unit Development. This meeting will con- sider amending the Planned Unit Development (PUD) regulations of the Kent Zoning Code. This amend- ment eliminates the PUD regulations in RA, Resi- dential Agriculture, and Rl, Single Family Resi- dential zones. Eric Campbell , CamWest Development, noted that their project, Dover Place, was the first PUD in 8 October 15, 1991 PLANNED UNIT Kent. He stated that homeowners want open space DEVELOPMENT and natural features, and that the Planning Com- mission' s recommendation does not provide that. He showed a video of Dover Place, pointing out the trees and open space, and also showing the large lots which standard zoning provides. He pointed out that the larger lots do not have the natural features people are looking for. He added that if this amendment is passed, it will create more sprawl because of less density. Upon Dowell ' s question, Campbell stated that the video had not been shown to the Planning Commission and that he had not received notice of their meeting. Harris explained that in the R1 zones, there could be one dwelling unit on lots from 7200 sq. ft. to 20, 000 sq. ft. , and that although this amendment would no longer allow PUDs in single family zones, they could occur in multifamily zones. Patrick Grimm of Wallace Wheeler Grimm Real Estate, pointed out that the benefits of a PUD are higher density and more affordable housing. He noted that the median , income in this area is $43 , 000 year which has the purchasing power of a $120, 000 home. He added that the average cost of a home is $160, 000. He stated that efforts should be concentrated in urban areas rather than spreading out, and pointed out that the Growth Management Act requires that. Orr said that the overall density within the City limits is approximately 12 units per acre, which s will be in compliance with the Growth Management Act. She urged the Council not to be swayed by the affordability issue and pointed out that the homes in the original PUD are selling for $160, 000. She said that citizens prefer backyards rather than a small park in the center of a housing development, and that the Council should consider the desires of the people of Kent. JOHNSON MOVED to adopt Ordinance 3007 amending the Planned Unit Development (PUD) and the Kent Zoning Code, eliminating PUD in RA, Residential Agricul- ture, and R1, Single Family Residential , zones as recommended by the Planning Commission. Orr seconded. Dowell pointed out that in June, 1990, the City Council received a petition from the Responsible Urban Growth Group (RUGG) requesting that the City Council consider revisions to the PUD ordinance, 9 October 15, 1991 PLANNED UNIT and asked if that petition had an impact on the DEVELOPMENT decision to bring forth this change. Orr said that when the petition was presented to the Coun- cil, she moved that it be sent to the Growth Man- agement Committee and that it was suggested it also go to the Planning Commission. She said the Growth Management Committee recommended an advi- sory ballot which Council rejected. She said the issue then went to the Planning Commission. She noted that the Planning staff recommended to the Planning Commission that they not review certain parts of that petition and Planning Commission agreed. Orr said she felt that was unfair, that it was important that the Planning Commission make the decision as to whether or not to review those parts, and the Planning Commission said they would review them if Council so desired. She noted for Dowell that the Planning Committee then voted unanimously to have the Planning Commission review and make a recommendation to the Council . • Dowell voiced concern that the one person who has had a PUD in the City for over a year did not receive notice of the meeting. Orr responded that notice was published in the newspaper. Campbell noted for Dowell that although he has been in the Building Department during the past year, no one mentioned the meeting to him. Mayor Kelleher < noted that he hopes that any staff member who has reason to believe anyone would be interested in an issue coming before the Council would let those people know about the meeting. He also said, in regard to Orr' s comments about the petition, that if Council directs that something be done, he expects staff would carry that out without edito- rializing except as appropriate. White pointed out that when Dover Place first came before the Council, the units sold for $95, 000 and that the price is now $160, 000. Upon his ques- tion, Campbell explained that the price adjustment is because of the length of time it took to do the project. He also noted that they are currently providing affordable housing because comparable developments in the area cost at least $20, 000 more. White stated that he is not sure PUDs are the answer to affordable housing, that perhaps 10 October 15, 1991 PLANNED UNIT less government regulation and a shorter permit DEVELOPMENT time would help more. The motion to adopt Ordinance 3007 then carried. KING COUNTY/ (OTHER BUSINESS - ITEM 4C) METRO MERGER . King County/Metro Merger. This issue considers the recommendation of the City Council Planning Committee not to support the proposed King County/ Metro Merger. This recommendation was made on September 17 , 1991. JOHNSON MOVED to adopt the Planning committee' s recommendation not to support the proposed King County/Metro Merger. Houser seconded. White said that he feels that the citi- zens would not be benefitted. The motion then carried. ECONOMIC (CONSENT CALENDAR - ITEM 3E) DEVELOPMENT Economic Development Corporation Appointments. CORPORATION Confirmation of the Mayor' s appointments to the APPOINTMENTS Economic Development Corporation Board of Direc- tors as follows: , 1) Morgan Llewellyn to replace Ted Knapp, whose term has expired. Mr. Llewellyn' s term will become effective immediately and continue through December, 1991. 2) Ron Banister to replace Walt Ramsey, whose term has expired. Mr. Banister' s term will become , effective immediately and continue through December, 1993 . POLICE (BIDS - ITEM 5A) Police Department Relocation and Remodel. Bid opening was held on September 10, 1991, with three bids received. The low bid, submitted by AGCI, Inc. of Kent, exceeded the project budget by approximately $130, 000. The shortfall has been remedied through minor budget adjustments, accepting 2 alternative - deducts: 1) emergency generator @ $17, 800; 2) Armorcoat windows @ $8, 500 and by reducing interior furnishings by $90, 000. The project will now balance with existing appro- priations. Hansen noted for White that the funds are available in the CIP. MANN MOVED to award the construction contract to AGCI General Contractors of Kent, accepting alternate bid deducts #4 (generator) and #6 (Armorcoat) , in the amount of 11 October 15, 1991 POLICE $1, 340, 274 including tax. Houser seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 3D) RECREATION West Hill Park Acquisition. AUTHORIZATION to acquire Lots 3 , 14, and 15, Block 1, Burkland' s First Addition, except the north 30. 07 feet of Lot 3 for a West Hill neighborhood park. (BIDS - ITEM 5C) Interurban Trail. Five bids were received on October 8, 1991 for the Interurban Trail project. Tucci & Sons, Inc. , submitted the low base bid in the amount of $449, 110. The Parks Department and Engineer recommend acceptance of the base bid, plus Alternate 4 and Alternate 5A (2)b, for a total contract award of $593 , 430. The project is within budget. DOWELL MOVED to award the Inter- urban Trail contract to Tucci & Sons, Inc. in the amount of $593,430 . Woods seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through October 15, 1991 after auditing by the Operations Committee at its meeting at 2 : 00 p.m. on October 22 , 1991. Approval of checks issued for vouchers: t Date Check Numbers Amount 10/1-10/15/91 110358-110911 $2 , 784 , 298 . 60 Approval of checks issued for payroll : Date Check Numbers Amount 10/18/91 01162427-01163148 $ 629, 354 . 34 BUDGET Bill Doolittle asked to discuss the budget work- shop which was scheduled for this date but is not being held. Finance Director McCarthy explained that the information was presented to Council in September, that there is no new information to report, and that he plans to discuss the budget under Administrative Reports tonight. Doolittle stated that two months ago the deficit projection was $4 , 000, 000, and that one month ago it was up to $6, 000, 000, based on July figures. He said the 12 October 15, 1991 BUDGET information which would have been presented at the workshop this date would have been based on August revenues, and that he suspects the 1992 deficit will be $8, 000, 000 or $9, 000, 000, possibly even more. He noted that the City has projected almost 11% of its sales tax revenue in 1991 to come in during December, but that in 1990 only slightly over 9% came in. He pointed out that predictions for December are not good. He noted that this is the last Council meeting before the general elec- tion and that the information brought out at the workshop could have affected the way people voted. Doolittle said he feels there is more to this than the simple cancellation of a workshop. The Mayor stated that he is not aware of any conspiracy about the budget. McCarthy explained that the meeting was cancelled because there is no new information, except that the September sales tax was slightly higher than projected. He noted that the $6, 000, 000 figure was based on a conservative revenue estimate for the remainder of this year. , Houser noted that McCarthy intends to give the Council an overview of the 1992 budget under Administrative Reports tonight, which is what would have occurred at the workshop if it had been held. Doolittle responded that his concern is that the public have an opportunity to comment. Mayor Kelleher pointed out that there are many opportunities to comment during the budget process, and that with Council 's approval, he would be happy to receive comments after McCarthy's Administrative Report tonight. He emphasized that there is no attempt to stifle discussion. REPORTS Planning Committee. Upon Johnson' s request, Planning Director Harris noted that at the Plan- ning Committee meeting this date, staff brought up a proposal for a community participation program. He explained that in the new Growth Management Act, each city is required to establish procedures providing for early and continuous public partici- pation in the development and amendment of compre- hensive land use plans and development of regula- tions implementing such plans. He added that the procedure should provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings, provisions for 13 October 15, 1991 REPORTS open discussion, etc. He said staff' s proposal to the Council is for a video program, and that funds are available to carry the program out. He asked that Council either pass a resolution in support of the program or have a meeting to discuss the project. He noted that this is an opportunity to enhance citizen' s participation in volunteerism, and to plan for Kent' s future, both of which are Target Issues. Laurie Anderson of the Planning Department noted that video programs have been tried in other com- munities. She pointed out that people don't always attend large anonymous public meetings, and staff feels this might be a better way to get pub- lic input. She said that staff, Council , Adminis- tration and the Mayor would prepare the video which would be an educational tool to talk about Growth Management and issues that come up as a result of Growth Management. She said the video would then be distributed to community groups who , are interested in discussing the issues in a more relaxed setting. She added that the participants would complete a questionnaire designed to give feedback to staff and policymakers. Anderson noted for White that the cost for doing the video is $1300 for a director and that the cable company has agreed to loan the City a crew and the use of their studio. She noted that a narrator would add about $350-500 more, unless the narrator would donate the time. She explained that groups such as Kiwanis, neighborhood groups, schools, and the Chamber of Commerce and their committees, would be interested in the video. The Mayor clarified that funds have already been appropriated. White felt this issue should be placed on a future agenda with backup material provided. Johnson suggested having a meeting on Tuesday, October 29, or else directing the City Attorney to prepare a resolu- tion in support of the program. Harris pointed out that the presentation could take up to two hours, since the Council should be fully informed of what is involved. He said the other option would be to pass a resolution in support and then possibly involve Council committees in the project. JOHNSON MOVED to set October 29, 1991 for a special meeting and to direct staff to prepare a resolution in support of the program to 14 October 15, 1991 REPORTS be brought back at the next Council meeting. There was no objection from Council and it was so ordered. Parks Committee. Dowell noted that the next meeting of the Parks Committee will be on Tuesday, October 22 . Administrative Reports. 1) City Attorney Lubovich submitted a report which points out that a City Council candidate must be a registered voter at the time of filing and a resi- dent of the City one year prior to the election. He said that the one-year requirement for being a candidate is so that the candidate and the commun- ity can have an opportunity to get to know each other. He also clarified that the City Council has absolutely no role in reviewing a candidate's eligibility. He explained that the proceeding used for contesting an election is an affidavit filed with Superior Court. He noted that a judge then makes the determination as to whether to cer- tify election results or overturn them. If over- turned, the next qualified candidate with the largest number of votes would be elected. 2) 1992 Budget_ Finance Director McCarthy noted that a hiring slowdown and CIP slowdown was initiated in January, 1991, following information about the November and December sales tax, and that the slowdown was turned into a freeze in the Spring. He said the 1992 budget is balanced with- out any new taxes and without any layoffs. He noted that two public hearings have been held on the budget and that the final public hearing is scheduled for November 5 . He noted that the budget could be adopted on November 19 or in December. McCarthy explained how the 1992 preliminary budget was arrived at, noting that there will not be a CIP program in the budget except in the area of streets. He noted that the plan is to make a con- tribution to the golf course for the amount of capital expenditures incurred in 1989 as a gesture to get them on a sound operating basis, with the idea that that amount would be paid back following payment of the revenue bond issue in the future. 15 October 15, 1991 REPORTS He said the total cuts made in department budgets in the General Fund total $548, 000 and that city- wide departmental cuts of $977, 000 were made. He noted that another feature is a salary credit which equates to the amount related to the posi- tions that were frozen. That total is $4 , 137 , 872 . McCarthy noted that City-wide there are 40.5 vacant positions, 28 .5 of which are in the General Fund and their cost in 1992 is $1, 200, 000. He said these positions must remain vacant for the whole year to balance the budget as presented. McCarthy said the total City budget is $65, 791, 946 which is down about $7 , 000, 000 from the 1991 adjusted budget, and most of that is in the capital area. He pointed out that the overall operating budget for the City is up about $800, 000 which is more than offset by a reduction in capital expenditures. He stated that staff fore- casted the budget out for four years, and it shows that the budget cannot be balanced in 1993 , 1994 or 1995, but that many things can happen between , now and then. He said that if all predictions came true, the City would take $103 , 647 worth of additional cuts in the 1993 budget. He added that is a reasonable amount to be out of balance, and it could be absorbed. He noted that that assumes the vacant positions stay vacant through 1993 , so a fairly large number of positions will remain vacant. McCarthy noted that on page 20 they are estimating to collect $8, 073 , 134 for sales in 1991, which is $600, 000 less than 1990, and which is a conserva- tive estimate. He noted that on page 22 , Cash and Investment Schedule, the main problem is in the General Fund. He stated that labor contracts and other inflationary increases next year create a problem, but there are other funds which could be used to help out in the balancing process. Regarding individual department budgets, he noted that some may be cut more than others. He noted that City-wide cuts include 30% of all profession- al development, extending the lives of vehicles and establishing pools of vehicles, taking one- time only cuts and cutting tools, furniture and capital outlay items, as well as the cuts proposed by individual departments. 16 October 15, 1991 REPORTS McCarthy explained that a special workshop could be set up for the Council to discuss the budget further, or that the Operations Committee might look at budget from a financial soundness point of view. Woods pointed out that staff would like input as to when to meet, whether Operations Com- mittee should take the lead in holding meetings, and whether workshops should be held. Upon White' s question, McCarthy noted that a line item report could be produced showing every item but that it would be several hundred pages long. He said the preliminary budget distributed tonight is the best document for showing what the cuts are and that the details are in the book which was distributed and discussed at the Council retreat in August. White suggested holding a workshop on October 22 at 6: 00 p.m. , and it was so agreed. The Mayor noted that a public hearing would be held on November 5 and other meetings could be set up. He added for Mr. Doolittle that all are public meetings. , 3) Mayor Kelleher noted that City Administrator Chow is making a trip to the Soviet Union at his own expense to visit Kent ' s sister city Kherson. He wished Chow good luck and asked him to give Kent' s regard to their friends in Kherson. ADJOURNMENT The meeting adjourned at 9 : 45 p.m. Brenda Jacober, CMC Deputy City,, Cle, k 17