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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/05/2000 Kent, Washington December 5 , 2000 A special meeting of the Kent City Council was called to order at 5 : 35 p.m. by Mayor Pro Tem Orr. Present : Councilmembers Brotherton, Clark, Epperly, Orr, Woods and Yingling, Chief Administrative Officer McFall, City Attorney Lubovich, Fire Chief Angelo, Deputy Police Chief Miller, Public Works Director Wickstrom, Parks, Recreation and Community Services Director Hodgson, Employee Services Director Viseth, and Finance Director Miller. Approximately 20 people were at the meeting. Filing a Petition for Injunctive Relief Regarding Initiative 722 , McFall explained that I-722 limits the increase in assessed values of property, limits an increase on property tax collections, and deals with the validity of taxes and fees established by cities . He noted that a number of cities and counties have filed suit in Thurston County Superior Court seeking both injunctive relief and ultimately challenging the constitutionality of Initiative 722 , and that those cities and counties were recently granted injunctive relief from the imposition of the requirements of I-722 . McFall said that the City of Kent has been seeking guidance, but that no one knows exactly what the implications of the injunction might be . He recommended authorizing the Mayor and City Attorney to proceed to join in the petition for injunctive relief, on the basis that at least the city would know where it stands with respect to the implementation of I-722 while awaiting the ultimate court decision. Yingling said it is very difficult to begin implementing a law, knowing that it may be shown to be unconstitutional in the future. He was in favor of going forward with the injunctive relief until the court' s decision is made . Brotherton agreed. YINGLING MOVED to authorize the Mayor or his designee, upon additional review by staff, to join and intervene, if deemed in the City' s best interest, in the pending Thurston County action and filing a petition for an injunction against implementation and enforcement of I-722 . Woods seconded. McFall noted for Clark that some of the fees which were passed and are potentially subject to refund include water Special Council Meeting December 5, 2000 Page Two rates, development fees, inspection fees, greens fees, and recreation class fees . Orr spoke in favor of the motion, noting that it is in the best interest of the City. It was clarified that the intent is to limit it just to the injunctive relief and not to join in any substantive challenge to I-722 . The motion then carried. 2001 Property Tax Levy Ordinance. Orr noted that action was just taken at the Operations Committee to reset the levy rate from 2 . 61% to 2% . McFall explained that the City needs to have the levy adopted and certified and to the County Assessor' s Office no later than December 7th. He recommended adoption of the 2001 property tax levy ordinance. YINGLING MOVED to adopt Ordinance No. 3532 establishing the 2001 tax levy and authorizing a 2% increase in the 2000 levy of property taxes for collection in the year 2001 . Woods seconded. Yingling noted that it is not known how I- 722 will implement it' s 2% clause, and that property owners may see more or less than a 2% increase. Orr thanked the Operations Committee for making this change this afternoon. Yingling' s motion then carried. Ratification of Existing Rates and Fees. The City Attorney noted that some fees and taxes were raised last year prior to the passage of I-695, and that under the language of I- 722 all of those ordinances are potentially void as of December 7th. He proposed that the City re-enact and re- adopt those various fees and ratify the ordinances to ensure that they remain in place after December 7th. He noted that it can then be determined what will happen to the matters as I-722 is processed through the courts . Lubovich explained that the first proposed ordinance deals with utility tax rates, the tax levy, and levy protection and has a 5-day enactment period, and that the second ordinance deals with other fees and rates, such as street use permits, water rate fees, storm water charges, plan approval , inspection fees, fireworks, and numerous recreation fees, and has a 30-day enactment period. He emphasized that adoption of the proposed ordinances would protect the status quo. Special Council Meeting December 5, 2000 Page Three YINGLING MOVED to adopt Ordinance No. 3533 readopting, reenacting, ratifying and confirming in all respects, the taxes established in Ordinance Nos . 3489, 3493 and 3494 , effective as of the effective date of the taxes as set forth in their respective ordinances, as if in full force and effect from the date of original enactment, including any subsequent amendments. Brotherton seconded. McFall clarified for Clark that the City had adopted a multi-year adjustment to the storm drainage fees and that this is the second year. Clark opined that the City can't just walk away from a project it is working on with other governmental agencies . Epperly noted that she had voted against some of the fees originally, including water rates, and therefore she would not support the motion. The motion to adopt Ordinance No. 3533 then carried with Epperly opposed. The City Attorney distributed copies of a schedule of the rates and fees which were adopted as part of the budget process last year, and requested that it be attached as Exhibit C. YINGLING MOVED to adopt Ordinance No. 3534 readopting, reenacting, ratifying and confirming in all respects, the rates and fees established in Ordinance Nos . 3471, 3486, 3487 , 3488 , 3490, 3491, and 3499, effective as of the effective date of the rates and fees as set forth in their respective ordinances, as if in full force and effect from the date of original enactment, including any subsequent amendments . Clark seconded and MOVED to amend the motion by adding the proposed program fees and rate changes from the 2000 preliminary budget as Exhibit C. Yingling agreed to the friendly amendment . Clark said he understood Epperly' s resistance regarding water rates but that this was a one-time opportunity to join Tacoma in their intertie project . The motion to adopt Ordinance No. 3534 as amended then carried with Epperly opposed. Orr noted that Councilmember Woods has left the meeting, and said that Woods had asked to be recorded as a yes vote. Adiournment. CLARK MOVED to adjourn at 6 : 05 p.m. Epperly seconded and the motion carried. Brenda Jacobe CMC City Clerk