HomeMy WebLinkAboutCity Council Committees - Operations - 04/12/1995 OPERATIONS COMMITTEE MINUTES
APRIL 12, 1995
COMMITTEE MEMBERS PRESENT: Jon Johnson- Chair, Leona Orr, Christi Houser
STAFF PRESENT: Jan Banister, John Hillman, Charlie Lindsey, Roger Lubovich, Brent
McFall, Jim Miller, Sue Viseth
MEMBERS OF THE PUBLIC: None.
The meeting was called to order at 9:31 a.m. by Chairperson Johnson.
Approval of Vouchers All claims for the period ending March 31, 1995, in the amount of
$1,760,375.99 were approved for payment.
Municipal Court Securi!�E rades
Director of Operations Brent McFall stated that staff has been trying to address security
concerns of the Municipal Court. Problems include the Judge and staff must enter through the
lobby and the clerk's window should have security glass which is the standard in the district
courts. McFall recommended that the south entry be closed off and a hallway be put in its place
to provide a secured entry for the Judge from his chambers as well as court staff. McFall
suggested that$12,000 from the CIP fund balance combined with$3,400 from the remaining
funds from the Municipal Court Remodel be utilized. Lindsey noted that the plan has changed
to making the area the Judge's chambers instead of a hallway. Committeemember Orr moved
to approve the recommended budget for the security upgrades at the Municipal Court.
Committeemember Houser seconded and the motion carried 3-0.
Municipal Court Clerle and. Security Staffing
McFall noted that this is a combination of issues. One is the court staffing itself along with
security staffing at the court and another is trying to provide an initial response to the question
raised by Committeemember Houser earlier about domestic violence and that work load. He
stated that in analyzing this he talked to the advocate as well as to the Court Administrator and
City Attorney and it was determined the most impact on work loads all around would be met
if we address the problems that we're having at the court first. Efficiencies at the court will
allow the advocate to be more efficient noting that we are simply overwhelmed at the court.
McFall explained that it is bigger than was ever anticipated. He noted the Court is doing well
at initial processing and through the Court process but we simply don't have the staff to do all
the follow-up;to make sure that the person who is sentenced in fact complies with the sentence.
If they don't comply,they should be brought back before the Judge before we lose jurisdiction
over them. This also applies to collecting fines on payment plans. McFall recommended that
two and 1/2 temporaries be hired for the balance of 1995 which will generate revenue from
collections. After explaining problems experienced in the collections area,McFall noted that
our Clerk overtime at the Court is averaging over 170 hours a month.
Houser questioned the number of staff working at the Court. McFall responded that there are
five staff members in addition to the Court Administrator. Orr asked if a comparison has been
done of what it would cost if we were still at Aukeen compared to doing it ourselves. During
further discussion,Houser asked if money has been budgeted for additional judges in the future.
McFall responded that money has been budgeted with the annexation for another judge and two
additional staff members. Orr asked if an analysis had been done showing how much revenue
OPERATIONS COMMITTEE MINUTES, Cont. '
APRIL 12, 1995
would be generated. McFall noted that was why temporaries are being proposed to find out
what the cost/revenue breakdown will be.
City Attorney Lubovich added that the purpose of doing the Court ourselves was not to make
money but have it carry itself. Lubovich explained that there are savings in other areas that are
not even calculated such as Police overtime. He explained that we had approximately$280,000
in court fees in 1993 which would incrementally increase with another 600 filings. Lubovich
stated that the Court is doing an excellent job of putting cases through and prosecuting them.
The problem is in follow up, Lubovich suggested that to help out prosecution in the City
Attorney's Office follow through is needed or we will see them on another domestic violence
arrest. The Domestic Violencd Advocate and Court Administrator agree that the proposal would
help. He noted that he suggested the temporaries to see if they will bring in enough revenue to
be worth budgeting positions. Lubovich noted that it has been beneficial to his office having
the Court and the police explaining that we will probably top 5,000 cases compared to 3,500 in
1993. Houser asked the cost of the temporaries and the security officer.
Houser asked what the cost of the temporaries and security staff would be. McFall replied the
balance of 1995 the 2.5 FTE would be $57,500 and the limited commission security officer
working about 20 hours per week is $12,000. This would be funded from the existing budget
through salary savings from vacant positions in other areas and reduced overtime. During
further discussion, the annexation impacts were discussed. McFall noted that if the positions
were recommended in the 1996 budget they would be recommended as new positions and need
to be justified at that time.
Committeemember Orr moved to authorize the hiring of 2.5 FTE temporary Court Clerk
positions and a.5 FTE Limited Commission Security Officer through the balance of 1995 with
funds coming from the savings and general fund. Committeemember Houser seconded the
motion which passed unanimously 3-0.
Authorization for Mayor & Council President's Trig to Asia & Appointment of,Acting
Mayor Pro Tempore & Council President - Resolution
Director of Operations Brent McFall explained that the Mayor and Council President will both
be away from the City on their trip to Asia and after discussions with Council President Judy
Woods it was recommended that Jon Johnson be appointed as Acting Mayor Pro Tempore and
Acting Council President. In addition,this resolution authorizes the trip and the reimbursement
of minor expenses to meet the State auditor's requirements should any expenses be incurred.
Houser asked what expenses were being discussed. McFall responded that it would be minor
expenses such as possibly a few meals, laundry services, etc. He noted that the majority of the
expenses would be born by the hosts while in Asia and airline travel has been taken care of
through the Trade Exchange and this is intended for out of pocket travel expenses.
Committeemember Houser recommended the adoption of the resolution of the City Council
authorizing the Mayor and Council President's trip to Asia and appointing an Acting Mayor Pro
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APRIL 12, 1995
Tempore and Council President. Committeemember Orr seconded the motion which passed
3-0.
Adult Entertainment - Corrective Ordinance
City Attorney Roger Lubovich explained that since the adoption of the Adult Entertainment
Ordinance two applicable lawsuits have been ruled on: a Seattle case dealing with staying City's
action in respect to revocation of licenses and a Bellevue case with four foot set backs and some
other areas dealing with signage. Revisions were made based on these cases as well as some
minor changes to clarify language in the ordinance. Roger noted he has also asked for the
Bellevue attorney to review our ordinance and make suggestions, some of which have been
incorporated. He offered to review the changes with the Committee. Upon proceeding he
explained page 4 addresses the definition of adult entertainment in response to a Bellevue club
which has a club of dancers which are partially clothed but may still be defined as adult
entertainment under this ordinance. He explained the misrepresentation clause had been deleted
since it was felt it may not hold up in court and contradicted some other language. During
further explanation, he noted that page 10 addresses the requirement that the ordinance not be
overly burdensome and eliminates the need for a managers license for bookstores, etc. He
explained that the application for licenses requires that any officers, director, manager,
administrator or anyone having managerial duties be identified and have criminal background
checks for the past ten years. During further review, he noted that new building construction
allows for conditional approval to make sure that the building complies when constructed. An
endorsement for different facilities was added for performers so only one license is required but
it must be endorsed for each facility being worked at. Lubovich explained that sections 110 and
120 are the sections for exotic dance studios. Section 110 applies to the construction and
requires that the stage is situated so that no dancing occurs within ten feet of a patron which is
tied into the next section on conduct. The Bellevue case ruled that signage was not conduct so
our requirements have been changed. The conduct section requires all dancers,performers and
exhibitions be conducted on stage whether dressed or not.
In reviewing section 130, Roger noted that all adult entertainment business are restricted to
persons of 18 years of age or older. Clarification is also made that adult entertainment materials
are kept away from minors whether the business is classified as adult entertainment or not. Page
27 establishes reporting requirements for exotic dance studios report tips,etc,to the City. The
last issue, Roger stated, is the Seattle case which states that we must stay action on any
revocation or suspension of a license, or renewal, during the pendency of any judicial appeal.
He noted that we are abiding by that criteria. He noted that the two potential issues are: the ten
foot requirement which is stricter than Bellevue and the 20% of stock and trade which has not
been challenged as of now.
Christi Houser noted that she was glad of the changes to avoid litigation. Orr added that she
was extremely pleased and even though it's been difficult it is necessary. Houser moved to
adopt this ordinance and send it on to Council for full Council approval. Orr seconded the
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OPERATIONS COMMITTEE MINUTES, Cont.
APRIL 12, 1995
motion. Roger stated that a hearing is needed. After further discussion, the date for hearing
was set on April 18. The motion carried 3-0.
Committee Chair Johnson asked if there was any further business. There being no other
business the meeting was adjourned at 10:21 a.m.
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