HomeMy WebLinkAboutMinutes 11/28/2000 4329
CITY COUNCIL SPECIAL MEETING
Port Angeles, Washington
November 28, 2000
CALL TO ORDER - Mayor Doyle called the special meeting of the Port Angeles City Council to order at
SPECIAL MEETING: 6:02 p.m.
ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett,
McKeown, Wiggins, and Williams.
Members Absent: None.
Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, G. Cutler, T. Riepe, and Y. Ziomkowski.
Public Present: No one signed the roster.
Initiative 722 - Initiative 722 - Consideration of Ordinances Re-Adopting Taxes/Fees
Consideration of
Ordinances Re-Adopting Mayor Doyle informed those present that this meeting was held for the purpose of
Taxes/Fees considering the impacts of 1-722 recently passed by the voters. In that there were no
members of the public present, he inquired as to what notifications were provided for
this meeting. Clerk Upton responded that she prepared the Special Meeting notice on
this past Wednesday and sent it to all members of the media the same day. The notice
included a statement that public input was invited before the Council took action:
Having not seen anything in the news regarding this meeting, Mayor Doyle contacted
the press to inform them the Council was hoping for coverage of this meeting and that
comments would be accepted.
Mayor Doyle stated that there are six ordinances that would re-adopt the rate and fee
increases. Mayor Doyle reviewed the summary included in the Council packet
regarding the re-adoption of certain taxes, charges and fees adopted between July 2,
1999 and December 31, 1999. The taxes, charges, and fees adopted during this time by
the City were appropriately justified for budget purposes on November 17, 1999, and
are just as valid today. Rather than incur additional expense to the public, the staff is of
the opinion there is no prohibition to the City Council re-adopting the ordinances to be
in effect retroactive to their original effective dates.
Manager Quinn pointed out that Attorney Knutson had distributed revised Ordinances.
Attorney Knutson indicated the papers handed out were the first page of each of the six
Ordinances; the rest of the Ordinances consist of an attachment, which is a copy of each
of the Ordinances adopted in November of 1999. He reworded the Ordinances to
reiterate they were to be retroactive; the additional wording in the Effective Date section
should make the intent of the Ordinances very clear. Manager Quinn added, for the
record, that the listed six Ordinances are the ones that are impacting rates and fee's from
1-722. In addition, he advised the Council that the packet contained excerpts from the
prior Council meeting, setting forth the justification and rationale for approving those
particular fees in 1999. He pointed this out in order to show the public that it is the
staff's responsibility to follow the Council's and, ultimately, the State's legislative
-1-
CITY COUNCIL SPECIAL MEETING
4330 November 28, 2000
Initiative 722 - intent. The City has not instituted additional fees or increases in the coming budget
Consideration of year; with the exception of the 3-year program of water and wastewater charges. If the
Ordinances Re-Adopting City were not to institute these rates retroactively, then staff would have to come back
Taxes/Fees (Cont'd) and recommend even higher amounts that would have to be paid by the public. In order
to avoid the higher amounts, staffhas recommended the retroactive increases.
Councilman Williams noted that the 1-695 vote indicated the voters didn't want to see
any increases unless voted upon, and the 1-722 vote indicated there weren't to be any
11th hour increases. He felt the movement underway was to roll back any increases not
approved by a public vote. Councilman Williams felt the fee increases were justified
and reasonable; however, he questioned how long the City would conflict with the
voting public. Had these fee increases been subject to a vote, then these discussions
would not be necessary. Citing the cost of an election, Councilman Williams felt that
there was enough expertise to justify to the public the fee structures that are necessary.
Councilman Williams moved to direct staff to take the appropriate steps to
investigate an election at a time deemed most appropriate and move toward getting
a fee and tax increase adopted by a vote. The motion died for lack of second.
Councilman Wiggins inquired as to the timing of the proposed ordinances, and Manager
Quinn responded that the effective date of 1-722 is December 7, 2000. He added that
the best legal advice was that if the City did nothing to retroactively approve the
increases, then after December 7, 2000, the City should enact measures to stop
collecting the fees, charges, taxes, and rates that were approved previously. Manager
Quinn stated that if the City were to follow the election process, there would have to be
a recommendation to further increase the fees in order to cover the lost revenue as of
December 7th. Manager Quinn shared information received from the Association of
Washington Cities whereby several cities have already adopted the retroactive rate
process.
Councilman Campbell sought clarification regarding Section 1 of 1-722 dealing with the
1999 tax level affecting the 2000 property taxes. Director Ziomkowski explained that
this provision establishes that jurisdictions cannot increase a value of assessed property
of more than 2% a year, or the IPD, whichever is less. Councilman Campbell asked if
the City's levy for 1999 plus the levy for 2000 exceeded the 2% or inflation rate.
Director Ziomkowski indicated the levy was increased by 1.4% in 2000, and the levy
for 2001 was increased by 2% for a total of 3.4%.
Councilmember McKeown agreed with Councilman Williams in that, under normal
circumstances, the City should start evaluating all fees, as there are certain areas that
should go before the voters. However, she noted that of 10,549 voters in the City of
Port Angeles, 2677 voted for 1-722 and 1984 voted against 1-722. In addition, seeing
no one from the public this evening, she felt the citizens have trusted the
Councilmembers to use good judgment in the decision making process. For the future,
Councilmember McKeown supported the City taking significant budget items to the
public for a vote. She felt that, at this'time, her favorable vote for these Ordinances is
justified.
Councilmember Erickson agreed with both Councilmembers McKeown and Williams,
noting that the fees and taxes were well justified at the time they were originally passed.
She felt the action proposed this evening to be justified and suggested the City can go
to a public vote in the future.
Councilman Hulett queried as to what constitutes a public vote, and Finance Director
Ziomkowski explained that 1-722 didn't address public vote. She added that the utilities
weren't included in 1-695, but they were included in 1-722. Attorney Knutson stated
that the first section ofi-722, as Councilman Williams pointed out at the last meeting,
-2-
CITY COUNCIL SPECIAL MEETING
November 28, 2000
Initiative 722 - does exempt the tax increases, but it didn't elaborate on what is meant by a vote of the
Consideration of people. Attorney Knutson noted that Councilman Williams was correct that if the City
Ordinances Re-Adopting had adopted the Ordinances being re-adopted tonight, back in 1999 by a vote of the
Taxes/Fees (Cont'd) people, then the Council would not have to re-adopt them tonight. Under the terms of
1-722, the increases would have been exempt from the repeal and refunding in the first
section of 1-722. It was pointed out that 1-695 had been declared unconstitutional.
Mayor Doyle commented that the reasons for passing the increases in November of
1999 were all valid. It has been said that the original proponent of these initiatives is
again formulating more initiatives for consideration. In spite of these efforts, Mayor
Doyle felt the City Council was elected to operate the City in an efficient and effective
manner and to make decisions such as these. He, too, cited the few votes cast in support
of 1-722 in this area, and he felt the Council must proceed with a decision.
Re-adopting Ordinance Mayor Doyle read the Ordinance by title, entitled
No. 3029
Ordinance No. 3064 ORDINANCE NO. 3064
AN ORDINANCE of the City of Port Angeles, Washington, re-adopting ·
Ordinance No. 3029, which provides for revising water
rates and which amends Ordinance 2181, as amended, and
Chapter 13.44 of the Port Angeles Municipal Code.
Councilmember Erickson moved to adopt the Ordinance as read by title. The
motion was seconded by Councilman Campbell and carried unanimously.
Re-adopting Ordinance Mayor Doyle read the Ordinance by title, entitled
No. 3030
Ordinance No. 3065 ORDINANCE NO. 3065
AN ORDINANCE of the City of Port Angeles, Washington, re-adopting
Ordinance No. 3030, which provides for revising rates for
wastewater service and which amends Chapter VI of
Ordinance 2394, as amended, and Chapter 13.65 of the
Port Angeles Municipal Code.
Councilman Wiggins moved to adopt the Ordinance as read by title. The motion
was seconded by Councilmember Erickson and carried unanimously.
Re-adopting Ordinance Mayor Doyle read the Ordinance by title, entitled
No. 3033
Ordinance No. 3066 ORDINANCE NO. 3066
AN ORDINANCE of the City of Port Angeles, Washington, re-adopting
Ordinance No. 3033, which provides for adoption of the
second one-quarter of one percent excise tax on the sale
of real estate as authorized by RCW 82.46.035 and which
amends Ordinance 2598 and Chapter 3.62 of the Port
Angeles Municipal Code.
Councilmember McKeown moved to adopt the Ordinance as read by title. The
motion was seconded by Councilman Hulett and carried unanimously.
-3-
CITY COUNCIL SPECIAL MEETING
t~3 32 November 28, 2000
Re-adopting Ordinance Mayor Doyle read the Ordinance by title, entitled
No. 3034
Ordinance No. 3067 ORDINANCE NO. 3067
AN ORDINANCE of the City of Port Angeles, Washington, re-adopting
Ordinance No. 3034, which provides for an increase in fees
charged for services rendered by the Finance Department,
Parks and Recreation Department, Planning Department,
Fire Department, Public Works and Utilities Department,
and Police Department and which amends Ordinances
2789 and 2932, as amended, and Chapter 3.70 of the
Port Angeles Municipal Code.
Councilman I-Iulett moved to adopt the Ordinance as read by title. The motion
was seconded by Councilman Campbell and carried unanimously.
Re-adopting Ordinance Mayor Doyle read the Ordinance by title, entitled
No. 3035
Ordinance No. 3068 ORDINANCE NO. 3068
AN ORDINANCE of the City of Port Angeles, Washington, re-adopting
Ordinance No. 3035, which provides for an increase in the
system development charge for recovering capital costs of
Water and sewer facilities and which amends Ordinance 2746,
as amended, and Chapter 13.69 of the Port Angeles
Municipal Code.
Councilmember Erickson moved to adopt the Ordinance as read by title. The
motion was seconded by Councilmember McKeown and carried unanimously.
Re-adopting Ordinance Mayor Doyle read the Ordinance by title, entitled
No. 3036
Ordinance No. 3069 ORDINANCE NO. 3069
AN ORDINANCE of the City of Port Angeles, Washington, re-adopting
Ordinance No. 3036, which provides for an increase in the
monthly Medic I charge from $3 to $3.50 and which
amends Ordinance 2274, as amended, and Chapter 8.36 of
the Port Angeles Municipal Code.
Counciimember McKeown moved to adopt the Ordinance as read by title. The
motion was seconded by Councilman Campbell and carried unanimously.
Appointment of Parks & Appointment of Parks & Recreation Director: Manager Quinn announced to the
Recreation Director Council that he had appointed Mr. Marc Connelly as the new Director of Parks &
Recreation. Mr. Connelly comes from the City of Kirkland, and Manager Quinn was
certain he would fit well in the City's management team. He has good experience, is
a good communicator, and he will make a fine director for the City.
Discussion on Action of Discussion on Action of Re-adopting Ordinances: Councilman Williams suggested that
Re-adopting Ordinances Council and staff consider a ratifying action as a pre-emptive vote against future
initiatives in order to keep tonight's action in place. Councilmember McKeown agreed
this would be a worthwhile consideration, and she suggested this would be a discussion
appropriate for a future work session or meeting of the Council.
In the ensuing discussion, clarification was offered by Manager Quinn as to the possible
-4-
CITY COUNCIL SPECIAL MEETING
November 28, 2000 t+3 J 3
Discussion on Action of ramifications of taking this evening's issues to a vote of the people. He noted that the
Re-adopting Ordinances public might well cast a vote without fully knowing the impacts, for instance, on the
(Cont'd) ability of the City's utilities to meet bond covenants and State regulations. The situation
could become extremely precarious. Further, Manager Quinn advised the Council he
was not opposed to taking fees and taxes to a vote of the people, as he was certain all
needed increases could be fully justified. He agreed this topic would generate a
worthwhile discussion at a future Council meeting.
On another matter, Mayor Doyle referenced a Council meeting scheduled for Thursday,
November 30, in joint session with the Clallam County Commissioners and the Port of
Port Angeles Commissioners. Manager Quinn indicated the meeting has been set for
4:00 p.m. at the County, and the issues to be discussed are: annexation, stormwater
management, the ESA 4(d) Recovery Program, and other environmental issues. Other
items may be added to the agenda.
Mayor Doyle acknowledged the presence of Clallam County Commissioner Doherty,
who made a few comments to the Council.
ADJOURNMENT: The meeting was adjourned at 6:55 p.m.
~eC~y J: U~n,~ty L~rry Do~,~May}>r /"
-5-
4334
THIS PAGE INTENTIONALLY LEFT BLANK