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.
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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
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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.
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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 .
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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
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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,
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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
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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
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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
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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-
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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.
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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
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