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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/19/1991 Kent, Washington November 19 , 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Council-members Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Acting Police Chief Byerly, Acting Fire Chief Berg, Finance Director McCarthy, Assistant City Administra- tor Hansen, Personnel Director Olson and Information Services Director Spang. Parks Director Wilson was on vacation. Approxi- mately 40 people were at the meeting. PUBLIC Presentation to D.A.R.E. Program. Bruce Weissich, COMMUNICATION President of the Kent Police Union, presented a check in the amount of $2700 to the City to be used for the D.A.R.E. Program. Officer Paganucci of the D.A.R.E. Program noted that donations such as these provide certain extras to students in the program and thanked the Police Union for their support. National Night Out. Acting Police Chief Byerly introduced Officers Bradley and Paganucci who have made this program such a success. Officer Bradley noted that 8 , 370 communities (23 , 500 , 000 people) participated in the National Night Out. He noted that Kent was the highest ranked city in the State. Officer Paganucci encouraged citizens of Kent to continue to assist in the fight against crime by participating in programs such as this. She noted that Kent placed 4th in the nation for cities under 50, 000 in population and presented National Night Out National Award to the Mayor on behalf of the citizens of Kent. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR F be approved, with the exception of Item D which was removed by Councilmember Dowell. Dowell also removed Item G. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of November 5, 1991. 1 STREETS (CONSENT CALENDAR - ITEM 3D) (REMOVED BY COUNCILMEMBER DOWELL) Street Occupation Permit Rate. ADOPTION of a resolution setting the rates for street occupation permits, as recommended by the Public Works Com- mittee. Dowell noted that a motion made by Mrs. Orr at the Public Works Committee meeting was to eliminate from the ordinance fees for yard sales and garage sales, and that the motion was approved unanimous- ly. He added that a motion to send this item to Council was not made. He pointed out that the fee schedule was not approved unanimously by the com- mittee. Orr clarified that her motion was to ap- prove the fee schedule as presented with the changes made in her motion, and that the motion was passed unanimously. She noted that it is cus- tomary to bring items to Council once the commit- tee has approved a recommendation, or in this case, a resolution. Dowell read the motion from the minutes of the November 5th Public Works Com- mittee and explained that the motion was not to approve the entire schedule but to approve elim- ination of certain items from that schedule, and pointed out that his vote was based on that. Upon the Mayor' s question, Dowell said that he would like to have this item sent back to committee. There were no objections and it was so ordered. PUBLIC (OTHER BUSINESS - ITEM 4B) SAFETY Enhanced 911 System. At the present time, tele- phone systems are being installed in large business and apartment complexes that utilize some type of private telephone exchange. Calls from these private exchanges are routed through a remote telephone switch and during a 911 call will provide the address of the person requesting help. The call will also be routed to the 911 center for the switch location, which often times is the wrong location. This will result in time delays for the dispatch of help, especially if the caller is unaware or unable to correctly identify their location. The proposed ordinance will not address presently installed systems, only those being installed as part of construction work where a building permit is required. This ordinance will stop the current call routing problem from escalating while other 2 November 19, 1991 PUBLIC solutions can be reached to solve the present SAFETY problems. Acting Fire Chief Berg explained that the reason the address shows on a screen is that it is not always known by the caller, that there has been an increase in calls from people who do not speak English, and that in some cases the caller cannot speak. He noted that a black box can be installed on the telephone systems which would display the address, including an apartment number. He noted that the City is considering interim measures such as placing stickers on business phones with their addresses, and arrows pointing to the buttons to push for emergency help. There were no questions and MANN MOVED for the adoption of Ordinance No. 3012 allowing an inter- face of the Enhanced 911 System and selective rerouting of 911 calls to the proper jurisdiction in new construction. Houser seconded and the motion carried. FRANCHISE (CONSENT CALENDAR - ITEM 3E) MCI Franchise. ADOPTION of Ordinance No. 3010 granting MCI the right, privilege, authority and franchise for 10 years to construct, maintain and operate fiber optic cable in City rights-of-way, as recommended by the Public Works Committee. SURPLUS (CONSENT CALENDAR - ITEM 3C) EQUIPMENT Surplus Vehicles. AUTHORIZATION to surplus 13 vehicles as listed in the Street Manager' s memo dated October 15 and offering same for sale at the State auction, as recommended by the Public Works Committee. CITY (CONSENT CALENDAR - ITEM 3F) SHOPS City Shops Wash Rack. ACCEPTANCE as complete of the contract with R.K. Construction for the City Shops Wash Rack Project and release of retainage after receipt of releases from the State. 3 November 19 , 1991 APPOINTMENTS (CONSENT CALENDAR - ITEM 3G) (REMOVED BY COUNCILMEMBER DOWELL) Arts Commission Appointments. CONFIRMATION of the Mayor' s appointments to the Kent Arts Commission as follows: Appointment of Jim Teeters to the Kent Arts Commission. He will replace Jamie Vickrey whose term expired. Mr. Teeters is a Counselor with the Washington State Department of Social and Health Services. His term will begin immediately and continue through 10/31/95 . Appointment of Doug Gesler to the Kent Arts Com- mission. He will replace Sally Ann Story, who resigned. Mr. Gesler serves as a Counselor with the Washington State Employment Security Depart- ment. His term will begin immediately and contin- ue through 10/31/93 . Appointment of Midge Sweley to the Kent Arts Com- mission. She will replace Chris Kramer, who resigned. Ms . Sweley owns her own business in downtown Kent. Her term will begin immediately and continue through 10/31/93 . Appointment of Claudia Appell to the Kent Arts Commission. she will fill the position formerly held by JoAnn Brady. Ms. Appell serves as Direc- tor of Fine Arts Curriculum for the Kent School District. Her term as an Arts Commissioner will begin immediately and continue through 10/31/95. Reappointment of JoAnn Brady to the Kent Arts Com- mission. Ms. Brady will replace Barbara Biteman, who resigned. The new term will begin immediately and continue through 10/31/93 . Reappointment of Marilyn Hadley to the Kent Arts Commission. Ms. Hadley' s new term will begin immediately and continue through 10/31/95. Reappointment of Jim Land to the Kent Arts Commission. Mr. Land' s new term will begin immediately and continue through 10/31/95 . 4 November 19, 1991 APPOINTMENTS Dowell noted that the monies that go into the Arts Commission come from the citizens of Kent, and asked whether the members of the Arts Commission live in the City of Kent. The Mayor stated that it is his understanding that the members must have a Kent mailing address, and Woods said that she believes members are selected within the sphere of influence, the majority of whom must be City of Kent residents. Lubovich clarified that the ordi- nance does not address where members live. DOWELL MOVED that the Council confirm the Mayor' s appointments to the Arts Commission. Woods seconded and the motion carried. BUDGET (OTHER BUSINESS - ITEM 4A) 1992 Budget. Adoption of the 1992 Budget has been set for tonight ' s meeting. An ordinance has been prepared to reflect the Mayor' s budget proposal with corrections as presented at the November 12th Council budget work session. The 1992 Budget totals $65, 814 , 057 and is balanced in difficult economic times without tax rate increase or employee layoffs. The Mayor noted that in his memo of November 18, 1991, Administration has tried to address some of the concerns raised at recent Council meetings about public safety positions. He noted that there is a disproportionate share of frozen posi- tions in public safety, because the first posi- tions to be frozen were those public safety posi- tions not included in last year' s budget. He noted that the budget is based on a current general fund vacancy level of 28 . 5 positions, of which 16 have been vacated during the first ten months of the year, and that if that rate continues, an average of 1. 6 vacancies a month could be expected. He proposed that the City hire one police officer and one firefighter effective January 15, 1992 , and noted that by that date an additional 3 . 2 general fund vacancies would be projected and thus the police and fire positions could be hired within the constraints of the budget as proposed. He added that if economic conditions improve or if additional positions become vacant through attrition, the filling of 5 November 19, 1991 BUDGET other frozen police and fire positions will be top priority. Finance Director McCarthy noted that normally the property tax levy ordinance is adopted at the same time as the budget ordinance, but that the infor- mation from King , County has been delayed, which may cause minor adjustments in the ordinance. He outlined the methods used to balance the budget, and noted that the general fund represents approx- imately 60% of the total, or about $33 , 000, 000. He explained that the budget includes increasing the amount for Valley Com and decreasing the amount for the Library. Upon White' s question, McCarthy noted that salaries are projected at 7 . 1% a year and the revenue projections cover that. White asked whether personnel would have to be cut back if projections did not occur, and McCarthy agreed that that was a possibility. He pointed out that a hiring slowdown took place in January and a freeze in April . He added that the situa- tion will be watched monthly but he feels layoffs are not imminent at this time. White voiced con- cern regarding use of the contingency funds and said the City should consider layoffs. WOODS MOVED for adoption of Ordinance No. 3011 approving the 1992 Budget with the Mayor' s Novem- ber 18, 1991, budget amendment regarding public safety positions. Houser seconded. Woods stated that while the budget is fine at this point, she is concerned about the future. She said she feels City employees are receptive to recommendations including job sharing, voluntary furloughs, days off without pay, and eliminating travel and train- ing. She said there will be opportunities later to consider what will happen when there is an improvement in revenues. Upon Dowell ' s question, McCarthy explained that the City expects to collect an additional $500, 000 in sales tax, while saving money by having the hiring freeze in place, totaling approximately $1, o00, 000 by the end of the year. Regarding the use of those funds, the Mayor clarified for Dowell that the Council has said their top priorities are public safety posi- tions and the contingency fund. Dowell voiced concern about spending the funds available as opposed to spending what is needed. Paul Seeley, 6 November 19, 1991 BUDGET representing the Chamber of Commerce, explained for Dowell that they feel the frozen positions should be eliminated and that Council and Adminis- tration should look at eliminating 30 positions above the current freeze, at an average of $42 , 000 per position. JOHNSON MOVED to amend the motion with the follow- ing differences as outlined in his memo of Novem- ber 5, 1991: 1) Eliminate two manager positions in Administra- tion. 2) Eliminate Public Information Officers in Admin- istration and Parks. 3) Eliminate Community Events Regular Part-Time Position. 4) Eliminate City Line and Transfer to cover funds cut from Parks Brochure. 5) Eliminate merit pay for department heads, City Administrator, Assistant City Administrator. 6) Recommend that the Mayor promote the Deputy City Clerk to City Clerk, eliminating Office Assistant Position with Office Assistant moving to Deputy. 7) Freeze all non-union step increases. 8) Eliminate Benefit coverage for dependents of part-time employees. 9) 5. 0% COLA instead of 6. 7% for non-represented. 10) Eliminate IPC and IBC. 11) Reinstate the Youth-At-Risk Program Coordina- tor as a full-time position. Johnson noted that this would result in a total savings of $585, 000. White seconded. Johnson noted that the City no longer has the luxury of providing for the two manager positions in Admin- istration, the Public Information Officers in Administration and Parks, or the Community Events position and noted that elimination of those posi- tions would result in a savings of $257, 715. He noted that eliminating the Cityline and transfer- ring those funds to cover the cut from Parks brochure would not result in a savings because the budgets are the same. He said he strongly objects to having merit pay added to the base salary of employees, and suggested cash bonuses instead. He pointed out that the top salary is currently 7 November 19, 1991 BUDGET $82 ,728, and with benefits that comes to $98 , 222 . He explained that if merit pay is given, the base salary and benefit totals are increased and the merit increase increases the COLA amount for future years. Johnson recommended that the Deputy Clerk be promoted to City Clerk, with the Office Assistant moving, to Deputy, and eliminating the Office Assistant position. He pointed out that this is simply a recommendation to the Mayor but that this action would save $35, 191. He noted that freezing all non-union step increases would save $61, 250, and that this is an alternative to layoffs. He stated that eliminating benefit coverage for dependents of part-time employees would save $59, 648 . He pointed out that a 5. 0% COLA rather than a 6. 7% would save $139 , 181, and said that King County employees will receive a 3 . 5% COLA adjustment. He opined that Internal Personnel Committee and Internal Budget Committee should be eliminated since the Personnel Director and Finance Director are capable of providing rec- ommendations to the Mayor and Council . He noted that reinstating the Youth-at-Risk Program Coordi- nator as a full-time position would be offset with $13 , 000 in revenues, that the cost is $11, 000, resulting in a small savings. He noted that the total savings of all proposals would be $585, 000, and suggested that $335, 000 go into the contin- gency fund, raising it to over $800, 000 . He said that $100, 000 would go to Fire for two full-time employees, $100, 000 to Police for two full-time employees, and $50, 000 to Public Works for one full-time employee. He then outlined actions he would take if the financial situation improves, as follows: 1) First, restore contingency in general fund to 1991 level of $2 , 000 , 000 2) Second, unfreeze step increases making them retroactive 3) Restore 1991 Fire and Police positions 4) Reestablish 60% of 1991 CIP 5) Re-authorize other department' s 1991 positions 6) Replace balance of 1991 CIP He added that two Assistant City Administrator positions would be created, in keeping with the recommendation of the Warner Group Study. Johnson 8 November 19 , 1991 BUDGET noted for Dowell that these recommendations have been taken to the Mayor and Administration. Dowell stated that treating the unrepresented employees differently than the represented may result in morale problems. Johnson agreed, but said that employees would most likely prefer the lower COLA to a layoff. He, clarified that non-represented employees would be the first to be laid off, because union employees are covered by a contract. Orr stated that she cannot support Johnson' s rec- ommendation because it contains too many items, and that consideration of some of these things may be premature. She felt it is important to give employees options of ways to preserve jobs, and noted that Council and Administration may have to make some hard decisions as to ways to avoid layoffs, but not at this time, although it should be monitored closely. White said he supports the majority of Johnson ' s recommendations, but feels it does not go far enough. He predicted that sales tax revenues will be down for November and December, and suggested considering a 25% cutback in personnel other than police and fire. He pointed out that public safety is the one thing that the public cannot do for itself. He said that cuts will have to be taken at some time and that it would be preferable to cut while there is more of a cushion. Johnson clarified for Dowell that the City has three positions proposed for 1992 which have a base salary of over $80, 000, or close to $100, 000 with benefits. He noted that there are eight positions that pay $70, 000 or more base salary, which is between $84 , 000 and $93 , 000 with benefits. White noted that the City has fine people working for them, that they are worth the salaries they are paid, but the question is whether the City can afford to pay those salaries. He said balancing the budget without considering elimination of some positions is not realistic. The motion to amend the main budget proposal as outlined in Johnson' s memo of November 5, 1991, was defeated with only Johnson in favor. Mann asked the Acting Fire Chief and Acting Police Chief to discuss the impact and quality of service that not funding 16 positions in their budgets would have. Acting Fire Chief Berg noted that the 9 November 19 , 1991 BUDGET Fire Department is part of the City team and they will share in any cuts. He explained that because of firefighter positions being vacant, the fire engine at! Station 74 on 116th Avenue SE would be in service only 6-8% of the time. He noted there would be aladder truck at the station, but the ladder truck does not have fire suppression capa- bilities. He explained that the other vacant positions are a Building Inspector position and an Administrative Assistant position. He stated that the work will still be done, but not as quickly. Acting Police Chief Byerly said they also recog- nize that they are part of the team and are pre- pared to take a reduction in force. He noted that there are currently eight vacant positions in the police department: one evidence custodian, two police officers, one traffic officer, one narcot- ics detective, one records specialist, one pro- grammer/analyst and one accounting services assis- tant. He noted that calls for service are 10% above what they were last year, but said everyone will do more with less. Mann stated that as the recession continues, service calls will continue to increase and that these departments need to be strengthened. He proposed an increase of 1/2 of 1% in the utility tax, noting that Kent has the lowest rate of all cities in the area except for the garbage tax. He pointed out that 1/2 of 1% would raise $500, 000 which could unfreeze five positions in Police and five in Fire. He said it would not be a heavy burden on residents or busi- nesses, and said the people he has spoken to have been willing to pay it. HE MOVED to amend the 1992 budget proposal by increasing the Kent util- ity tax by 1/2 of 1% to be used for five positions in Police (four patrol officers and one evidence custodian) and five positions in Fire (four fire- fighters and one lieutenant) . Johnson seconded. White commended the Police and Fire departments for their willingness to work with what they have, and spoke in opposition to raising the utility tax. McCarthy explained for Dowell that water is a small portion of a total utility bill. He also pointed out that rates for sewer, gax, and elec- tricity are similar in all cities since the same carrier is used, but that water and drainage vary. Dowell pointed out that although Kent' s utility tax rate is low at 4% , it may be 4% of a higher 10 November 19, 1991 BUDGET rate. White noted that there may be a proposal to increase the drainage utility next year because Public Works is proposing to work on controlling flooding problems, which would increase the utility rate. Upon Mann' s question, McCarthy determined that the average tax increase would be $9 . 00 a year. Mann' s amendment was defeated with only Mann in favor. JOHNSON MOVED to amend the main motion by elimi- nating Cityline and transferring those funds to cover the Parks brochure. He noted that the expenditures would cover the cost. White second- ed. The motion was defeated with only Johnson voting aye. Dowell pointed out that Councilmem- bers do not agree on this budget, and questioned whether it should be voted on tonight or not, noting that negotiation could take place later. Lubovich clarified that the budget must be passed by the end of the year, and that this budget could be amended or the process begun again. Orr and Houser agreed that there would be opportunities in the future to make any necessary adjustments. Suzette Cooke of the Chamber of Commerce stated that flat sales tax, not an increase, are shown in projections, and that employers are laying people off. She voiced concern about leaving only $500, 000 in the reserve fund, with no cushion for the future. She urged the Council to make the tough decisions required at this time. White spoke in opposition to using $2 , 300, 000 of the contingency fund and to transferring $1, 750, 000 from the Unemployment and Capital Im- provements funds, noting that the deficit situa- tion could continue for 3-5 years. He predicted that if this budget is adopted, it will have to be amended in several months. He urged the Council- members not to support this budget. WHITE THEN MOVED to amend the motion to direct staff to return with a proposal to reduce personnel in the City by 25%, with the exception of Police and Fire. Johnson seconded. McCarthy noted for Dowell that there are 276 employees in Police and Fire, and 179 in other areas. White determined that the 25% reduction would equal 45 people, and McCarthy stated that the savings would be $40, 000- 11 November 19, 1991 BUDGET $50, 000 per employee. White clarified that if adopted, he would like Administration to propose staff cuts to Council . Mann spoke against this motion, stating that situations such as this are the purpose of the contingency fund. He noted that layoffs could be dealt with in the future if necessary. The motion to amend was defeated with Orr, Woods, Houser and Mann opposed. JOHNSON MOVED to amend the main motion to recom- mend that the Mayor promote the Deputy City Clerk to City Clerk and the Office Assistant to Deputy City Clerk, eliminating the Office Assistant posi- tion. Mann seconded. The motion carried unani- mously. JOHNSON MOVED to amend the main motion to reinstate the Youth at Risk Program Coordinator as a full-time position. White seconded. The Mayor clarified that if the Council adds positions to the budget they can be administratively frozen. Woods spoke against the amendment noting that this item has not come to Council under Other Business. Johnson pointed out that the Parks Committee had voted to put this item on the Council agenda, but it was removed by the Council President. Johnson spoke on the value this program provides, and noted that increased fees will cover the $11, 000 cost and may even provide more than that. McCarthy noted that the Internal Budget Committee recom- mended against this request. He clarified that the position is budgeted as a 3/4 position, and is being filled as a full-time position because funds were saved during the time the position was vacant. He added that the employee in this position is aware that the position may become three-quarter time. Orr said this is an important program and suggested that it be given some type of priority when possible. Dowell stated that at the committee meeting, there were no objections to increasing the fees to cover the amount, except by Administration. White stated that he respects the Mayor' s right to freeze this position, and to use the IBC and IPC although he disagrees with them, but that it is not Council ' s function to rubber- stamp whatever IBC and IPC sends them. Houser opined that $11, 000 for a one-fourth position seems excessive. The motion to amend passed with Woods and Houser opposed. 12 November 19, 1991 BUDGET Johnson noted that the City should be trying to reduce costs rather than spending money. He added that this budget does not address how increased revenues are to be allocated, or how layoffs would be made. He said it is unfair to the staff not to have a plan. He stated that Public Safety should be the last area to be cut, and that Administra- tion should be the first, noting that there are no freeze credits proposed in Administration. He said money could be saved by having a full-time mayor or manager in charge of the operations of the City, rather than a part-time mayor and three managers. He urged the Council to vote no on this budget. Paul Seeley pointed out that Administration has studied the situation and frozen positions. He opined that the frozen positions should be elimi- nated, since they would probably not be unfrozen in the next few years. He said that this is not a good time to raise taxes, and that the City should try to replenish their savings as soon as possi- ble. He said that some strategy should be devel- oped regarding the frozen positions and the contingency fund. s The main motion to adopt Ordinance No. 3011 approving the 1992 Budget with the Mayor' s 11/18/91 amendment regarding police and fire positions, recommending that the Mayor promote the Deputy City Clerk and the Office Assistant to Deputy City Clerk eliminating the Office Assistant position, and reinstating the Youth at Risk Pro- gram Coordinator as a full-time position carried with Houser, Mann, Orr and Woods in favor, and Dowell, Johnson and White opposed. Woods agreed with Seeley that it is imperative that a plan be developed which addresses the possibility of having less revenue than antici- pated for next year, and that it should be accom- plished before the end of this year. She encour- aged department heads to work together to develop a strategy, and asked that it also include pro- posals as to where additional income, if any, would go. She asked that the plan be discussed by committees and be brought back to Council . The Mayor directed Mr. McCarthy and Mr. Chow to 13 November 19 , 1991 BUDGET develop such a plan, take it through individual committees and the Operations Committee and then through a workshop before the end of the year. White asked whether this document will detail the City' s position, and if so, whether the document would be legal and binding. The Mayor clarified that neither the Council nor Administration can pass a document that binds itself in the future, and sug- gested that a proposed policy plan be developed which could be adopted through a resolution or an acknowledgment. White expressed concern that such a document would not be effective. The Mayor pointed out for White that Administration has con- sulted with Council regarding the hiring freeze, and would continue to do so. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through November 15, 1991, after auditing by the Operations Committee at its meeting at 5: 30 p.m. on November 26, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 11/1-11/15/91 111463-111997 $2 , 502 , 158 . 06 Approval of checks issued for payroll: Date Check Numbers Amount 11/20/91 01163882-01164605 $ 635, 239 . 10 REPORTS Public Safety Committee. Mann noted that the Public Safety Committee will meet at 1: 00 p.m. on November 21 in the Council Chambers. Among the items on the agenda will be an ordinance regarding train whistles and a Kent Bicycle Advisory Board resolution. ADJOURNMENT The meeting was adjourned at 9 : 35 p.m. �aJ r' Brenda Jaco er, CMC Deputy City erk 14