HomeMy WebLinkAboutCity Council Committees - Operations - 09/01/1998 OPERATIONS COMMITTEE MINUTES
September 1, 1998
COMMITTEE MEMBERS PRESENT: Judy Woods, Chair, Sandy Amodt, Tim Clark
STAFF PRESENT Brent McFall, May Miller, John Hodgson, Roger Lubovich, Fred Satterstrom,
Sue Viseth, Anh Hoang, Jackie Bicknell
PUBLIC PRESENT- Tad Eversole, Joe Cox, Leroy Gmazel
The meeting was called to order at 3:38 PM by Chairperson, Judy Woods
Approval of Minutes from Aug. 4, 1998 Operations Committee Meeting.
A correction was made on page two changing VIP to CIP. Tim Clark moved to approve the
minutes as corrected. The motion carried with a vote of 3-0.
Approval of Combined Check-Detail Vouchers Dated 8/15/98 & 8/31/98
Finance Division Director, May Miller, informed the Committee that the vouchers dated 8/15/98 had
already been approved and signed. Ms. Miller presented the vouchers of 8/31/98 in the amount of
$2,563,623.64. Tim Clark moved that the vouchers dated 8/31/98 be approved. The motion
carried with a vote of 3-0.
Compensation for Councilmembers
City Attorney, Roger Lubovich, explained to the Committee that 2 years ago the City amended its
compensation for Council provisions in City Code by providing a $50 per month increase in salary
from$500 to $550 per month. Also provided at that time was a cost of living increase of 75% of the
Consumer Price Index annually. The City Attorney's office had reviewed the increase based on a
COLA and thought it was appropriate. Municipal Research, who has put out an opinion based on
the issue, also had taken the position that it was appropriate to establish a cost of living adjustment
on Council salaries based on the CPI.
The State Auditor has taken a contrary position on the COLA issue that is based on a 1992 Attorney
General's opinion and a Thurston County Superior Court case dealing with county commissioners
The attorney general's opinion and the court case both stated that the establishment of salaries
through an outside entity is an improper delegation of legislative authority and is unconstitutional as
it violates the provisions for Title 35A. The state constitution and Title 35A Code for Cities states
that Council cannot increase its salary during its term, although an increase can be made for a term
to begin after the expiration of the current term. The court did say that a COLA that is fixed
specifically at the beginning of a term such as a 3% COLA that took effect every year would be
acceptable. The COLA cannot be based on some undetermined factor at the time a person takes
office, and any changes to establish a COLA cannot be done for an existing term as it would create a
change in the existing salary.
Mr. Lubovich informed the Committee that the COLA in place now for Councilmembers should be
removed. Removing the COLA would remove the extra$15 00 per month that Councilmembers
have been receiving and their salaries would revert to the original $550 per month. Councilmembers
would not have to reimburse the COLA payments already received.
Committee member, Sandy Amodt, moved that the Operations Committee recommend to the
Council the adoption of the Ordinance amending Chapter 2.01 of the Kent City Code to
eliminate cost of living adjustments to Councilmember salaries. The motion carried with a 3-0
vote.
Mr. Lubovich informed the Committee of the options to establish a COLA based on a fixed amount,
or to make an adjustment to Councilmember salaries. He said he had asked Employee Services to
conduct a compensation survey of 12 jurisdictions. (The survey was handed out to Committee
llfembers) The survey found that The City of Kent is below all other jurisdictions surveyed in
salary for Councilmembers. The average salary for the 12 jurisdictions is $792.13 per month for
Councilmembers and $1,000 per month for Council President. The Council President received an
average of$200 more than other Councilmembers.
Chairperson, Judy Woods, made an information point that, if Council votes a salary increase, the
current members do not receive the increase until they run for and have secured re-election. Thus,
Councilmembers may receive different salary amounts depending on their election date.
July 1998 Financial Report
May Miller, Financial Director, presented the July 1998 Financial Report. Ms. Miller stated that the
month of July was 6% over budget. The expenditure side is around 3% and on trend. The result is
that the City budgets conservatively and underspends on some expenditures. Ms. Miller stated that
Property Tax is within $31,000 of the $15,000,000 budget. Sales Tax is $1.4 million over budget.
There are 8 vendors doing automation projects in the City and their revenue has been tapering off.
In the Utility tax area, US West will do a one-time-only rebate of about$220,000. Building Permits
are at 111% of the budget for July and as a reflection of this activity, the dollar value has doubled
from a year ago.
Intergovernmental revenue has decreased$439,000 over what was budgeted because of not
receiving the corrections revenue the City used to charge the US Marshall's office. The $439,000
has been subtracted out of the budgets for this year and next year, but is partially offset this year by
the amount of money that will be received from the EMS. Next year's budget will show the increase
in property tax from bringing in the Meridian Valley and Del Mar annexations. Golf revenue
through July is $203,000 under budget or about 10%. In summary, the budget is consistent.
Garrison Creek Handball Court Walls
Parks Director, John Hodgson, shared with the Committee that the City is under contract to a
construction company for renovation of Garrison Creek Park. Mr. Hodgson recapped the process of
the renovation"Master Plan" started in 1996 which included two public hearings, four meetings of
the Advisory Board, a meeting with the Parks Committee to adopt the Master Plan, and an eighth
meeting with the Council. Seismic studies say the current handball courts need to be moved as they
are not seismically secure in the event of an earthquake. They were built next to a 6 million gallon
reservoir, and though not attached, are susceptible to damage as studies showed one of the walls to
be about 2-3 feet out of plumb. In the Master Plan, the committee recommended the relocation of
the courts on the existing site from the down slope side of the park to an upper corner near the
parking area.
Since that time, there have been engineering reviews that state the proposed hillside at Gamson
Creek is too slippery for relocation there. This past month a contractor was awarded the bid to
renovate the park and is on sight and in the process of demolishing everything and starting over,
including the handball courts.
Interested handball players came to the September 25, 1998 Parks Committee Meeting and requested
a reconsideration of demolition and relocation of the handball courts. The Parks Department has
since talked to existing consultants and architects, and engineering has looked at the contract and
believes the courts need to come down and be relocated in another place. Renovation is now at a
stage where the recommendation is to proceed and get the project done before the rainy season
starts.
Mr. Hodgson stated that the Parks Department has looked at the current skate park as a possible
relocation site, but Puget Sound Energy opposed that site as the height of the court walls at 20 feet
does not allow for enough safety clearance between the courts and the power wires. The Parks
Department is now looking at West Fenwick Park as a relocation site.
Handball Player, Tad Eversole, 12624 SE 1661h, Renton, stated that he felt it was a mistake to take
down the courts . He said he had seen seismic studies and other statements that said the courts could
be stabilized. He feels the City can save money by improving the existing site.
Handball Player, Leroy Gmazel, 5700 390`h Ave. S.E., Snoqualmie, stated his feelings that
replacement in the existing location would allow the city to retain a very valuable resource that is
diminishing in this region. Mr. Gmazel said this was the first time he had seen the information that
supported the seisrruc consideration. He made the distinction that the side walls were perpendicular
to the reservoir walls and said a 2-3 foot out of plumb wall could not be used to play handball on.
Mr. Gmazel stated that KPFF Consulting Engineers found that the south wall is the only wall that is
out of plumb and only 4-5 inches which still makes a playable wall. The KPFF recommended either
removal or replacement of the walls, which left the option of retaining the current site, and suggested
that the possibility of the walls being overstressed in an earthquake could be remedied by redesign of
wing walls. KPFF recommended working with the Parks Dept. to repair and anchor the leaning
wall. Mr. Gmazel informed the Committee that there was nothing in the report that said to eliminate
the three handball courts.
Committee Member, Sandy Amodt, questioned whether there had been a cost analysis of relocation
versus repair. John Hodgson said that there had not been a financial analysis of repair.
Handball Player, Joe Cox, 7735 27`" SW, Seattle, said that some of the players had attended the
hearings and meetings that dealt with the court problem. The plan had been adopted by the Parks
Department and drawings were made by the Parks Dept. showing the handball courts in their new
location at Gamson Creek. At that point, Mr. Cox related, the handball players thought the problem
was resolved, but then suddenly found that the courts were slated for demolition the very next week-
Mr. Cox was unsure of The City's commitment to rebuild the courts at a later date in another place.
Committee Chairperson, Judy Woods, responded that the City had been working on this project for 3
years, does have replacement in mind, and does not intend for the handball courts to disappear
totally. She stated that the hope had been for relocation at Garrison Creek, but then the City was told
the courts had to be located off that site because the hill was too slippery. Ms. Woods reaffirmed
that the City wants to work with the citizens to ensure that they have courts as soon as possible.
John Hodgson informed the Committee that the citizens that live around Garrison Creek Park
received door to door handouts of a flyer that said construction was ready to begin and the park
would be closed. He made the point that those who do not live in the community around the park
would not have heard of the construction project.
Sandy Amodt questioned the urgency about getting the walls down right now and asked if there was
a present hazard, and why Parks could not hold off longer on demolition while securing another site.
John Hodgson responded that the construction process had already begun and delaying the
demolition would not help the handball players as they still could not play because the park was
closed. Chairperson Judy Woods forwarded the issue to the next Park's Committee agenda to
look at the progress made on building the new handball courts.
Tad Eversole asked if the demolition would go on. Judy Woods and John Hodgson concurred that
the City would go forward with the demolition and renovation of Garrison Creek Park.
The meeting was adjourned at 5:08 PM.
OPERATIONS COMMITTEE MINUTES
September 1, 1998
COMMITTEE MEMBERS PRESENT: Judy Woods, Chair, Sandy Amodt, Tim Clark
STAFF PRESENT: Brent McFall, May Miller,John Hodgson, Roger Lubovich, Fred Satterstrom,
Sue Viseth, Anh Hoang, Jackie Bicknell
PUBLIC PRESENT: Tad Eversole, Joe Cox, Leroy Gmazel
The meeting was called to order at 3:38 PM by Chairperson, Judy Woods
Approval of Minutes from Aug. 4, 1998 Operations Committee Meeting.
A correction was made on page two changing VIP to CIP. Tim Clark moved to approve the
minutes as corrected. The motion carried with a vote of 3-0.
Approval of Combined Check-Detail Vouchers Dated 8/15/98 & 8/31/98
Finance Division Director, May Miller, informed the Committee that the vouchers dated 8/15/98 had
already been approved and signed. Ms. Miller presented the vouchers of 8/31/98 in the amount of
$2,563,623.64. Tim Clark moved that the vouchers dated 8/31/98 be approved. The motion
carried with a vote of 3-0.
Compensation for Councilmembers
City Attorney, Roger Lubovich, explained to the Committee that 2 years ago the City amended its
compensation for Council provisions in City Code by providing a$50 per month increase in salary
from $500 to $550 per month Also provided at that time was a cost of living increase of 75% of the
Consumer Price Index annually. The City Attorney's office had reviewed the increase based on a
COLA and thought it was appropriate. Municipal Research, who has put out an opinion based on
the issue, also had taken the position that it was appropriate to establish a cost of living adjustment
on Council salaries based on the CPI.
The State Auditor has taken a contrary position on the COLA issue that is based on a 1992 Attorney
General's opinion and a Thurston County Superior Court case dealing with county commissioners.
The attorney general's opinion and the court case both stated that the establishment of salaries
through an outside entity is an improper delegation of legislative authority and is unconstitutional as
it violates the provisions for Title 35A The state constitution and Title 35A Code for Cities states
that Council cannot increase its salary during its term, although an increase can be made for a term
to begin after the expiration of the current term. The court did say that a COLA that is fixed
specifically at the beginning of a term such as a 3% COLA that took effect every year would be
acceptable. The COLA cannot be based on some undetermined factor at the time a person takes
office, and any changes to establish a COLA cannot be done for an existing term as it would create a
change in the existing salary.
Mr. Lubovich informed the Committee that the COLA in place now for Councilmembers should be
removed. Removing the COLA would remove the extra$15.00 per month that Councilmembers
have been receiving and their salaries would revert to the original $550 per month. Councilmembers
would not have to reimburse the COLA payments already received.
Committee member, Sandy Amodt,moved that the Operations Committee recommend to the
Council the adoption of the Ordinance amending Chapter 2.01 of the Kent City Code to
eliminate cost of living adjustments to Councilmember salaries. The motion carried with a 3-0
vote.
Mr. Lubovich informed the Committee of the options to establish a COLA based on a fixed amount,
or to make an adjustment to Councilmember salaries. He said he had asked Employee Services to
conduct a compensation survey of 12 jurisdictions. (The survey was handed out to Committee
Members) The survey found that The City of Kent is below all other jurisdictions surveyed in
salary for Councilmembers. The average salary for the 12 jurisdictions is $792.13 per month for
Councilmembers and $1,000 per month for Council President The Council President received an
average of$200 more than other Councilmembers.
Chairperson, Judy Woods,made an information point that, if Council votes a salary increase, the
current members do not receive the increase until they run for and have secured re-election. Thus,
Councilmembers may receive different salary amounts depending on their election date.
July 1998 Financial Report
May Miller, Financial Director, presented the July 1998 Financial Report. Ms. Miller stated that the
month of July was 6%over budget The expenditure side is around 3% and on trend. The result is
that the City budgets conservatively and underspends on some expenditures Ms. Miller stated that
Property Tax is within$31,000 of the $15,000,000 budget. Sales Tax is $1.4 million over budget.
There are 8 vendors doing automation projects in the City and their revenue has been tapering off.
In the Utility tax area, US West will do a one-time-only rebate of about$220,000. Building Permits
are at I I I%of the budget for July and as a reflection of this activity,the dollar value has doubled
from a year ago
Intergovernmental revenue has decreased $439,000 over what was budgeted because of not
receiving the corrections revenue the City used to charge the US Marshall's office. The $439,000
has been subtracted out of the budgets for this year and next year,but is partially offset this year by
the amount of money that will be received from the EMS. Next year's budget will show the increase
in property tax from bringing in the Meridian Valley and Del Mar annexations. Golf revenue
through July is $203,000 under budget or about 10%. In summary, the budget is consistent
Garrison Creek Handball Court Walls
Parks Director, John Hodgson, shared with the Committee that the City is under contract to a
construction company for renovation of Garrison Creek Park Mr. Hodgson recapped the process of
the renovation"Master Plan" started in 1996 which included two public hearings, four meetings of
the Advisory Board, a meeting with the Parks Committee to adopt the Master Plan, and an eighth
meeting with the Council Seismic studies say the current handball courts need to be moved as they
are not seismically secure in the event of an earthquake. They were built next to a 6 million gallon
reservoir, and though not attached, are susceptible to damage as studies showed one of the walls to
be about 2-3 feet out of plumb. In the Master Plan, the committee recommended the relocation of
the courts on the existing site from the down slope side of the park to an upper corner near the
parking area.
Since that time,there have been engineering reviews that state the proposed hillside at Garrison
Creek is too slippery for relocation there. This past month a contractor was awarded the bid to
renovate the park and is on sight and in the process of demolishing everything and starting over,
including the handball courts
Interested handball players came to the September 25, 1998 Parks Committee Meeting and requested
a reconsideration of demolition and relocation of the handball courts. The Parks Department has
since talked to existing consultants and architects, and engineering has looked at the contract and
believes the courts need to come down and be relocated in another place. Renovation is now at a
stage where the recommendation is to proceed and get the project done before the rainy season
starts.
Mr. Hodgson stated that the Parks Department has looked at the current skate park as a possible
relocation site, but Puget Sound Energy opposed that site as the height of the court walls at 20 feet
does not allow for enough safety clearance between the courts and the power wires. The Parks
Department is now looking at West Fenwick Park as a relocation site.
Handball Player, Tad Eversole, 12624 SE 166`", Renton, stated that he felt it was a mistake to take
down the courts He said he had seen seismic studies and other statements that said the courts could
be stabilized. He feels the City can save money by improving the existing site.
Handball Player, Leroy Gmazel, 5700 390t'Ave S.E., Snoqualmie, stated his feelings that
replacement in the existing location would allow the city to retain a very valuable resource that is
diminishing in this region. Mr. Gmazel said this was the first time he had seen the information that
supported the seismic consideration. He made the distinction that the side walls were perpendicular
to the reservoir walls and said a 2-3 foot out of plumb wall could not be used to play handball on
Mr Gmazel stated that KPFF Consulting Engineers found that the south wall is the only wall that is
out of plumb and only 4-5 inches which still makes a playable wall. The KPFF recommended either
removal or replacement of the walls,which left the option of retaining the current site, and suggested
that the possibility of the walls being overstressed in an earthquake could be remedied by redesign of
wing walls. KPFF recommended working with the Parks Dept. to repair and anchor the leaning
wall. Mr. Gmazel informed the Committee that there was nothing in the report that said to eliminate
the three handball courts
Committee Member, Sandy Amodt, questioned whether there had been a cost analysis of relocation
versus repair. John Hodgson said that there had not been a financial analysis of repair.
Handball Player, Joe Cox, 7735 27"' SW, Seattle, said that some of the players had attended the
hearings and meetings that dealt with the court problem. The plan had been adopted by the Parks
Department and drawings were made by the Parks Dept. showing the handball courts in their new
location at Garrison Creek. At that point, Mr. Cox related,the handball players thought the problem
was resolved, but then suddenly found that the courts were slated for demolition the very next week.
Mr. Cox was unsure of The City's commitment to rebuild the courts at a later date in another place
Committee Chairperson, Judy Woods, responded that the City had been working on this project for 2
years, does have replacement in mind, and does not intend for the handball courts to disappear
totally. She stated that the hope had been for relocation at Garrison Creek, but then the City was told
the courts had to be located off that site because the hill was too slippery. Ms. Woods reaffirmed
that the City wants to work with the citizens to ensure that they have courts as soon as possible.
John Hodgson informed the Committee that the citizens that live around Garrison Creek Park
received door to door handouts of a flyer that said construction was ready to begin and the park
would be closed. He made the point that those who do not live in the community around the park
would not have heard of the construction project.
Sandy Amodt questioned the urgency about getting the walls down right now and asked if there was
a present hazard, and why Parks could not hold off longer on demolition while securing another site.
John Hodgson responded that the construction process had already begun and delaying the
demolition would not help the handball players as they still could not play because the park was
closed. Chairperson Judy Woods forwarded the issue to the next Park's Committee agenda to
look at the progress made on building the new handball courts.
Tad Eversole asked if the demolition would go on Judy Woods and John Hodgson concurred that
the City would go forward with the demolition and renovation of Garrison Creek Park.
The meeting was adjourned at 5:08 PM.