HomeMy WebLinkAbout2006-055 Deferring Stormwater Fee Implementation; YMC Amendment 7.80.110 and 7.80.170 ORDINANCE NO 2006-55
AN ORDINANCE relating to the stormwater fee for the storm drainage and surface water
management utility; deferring the implementation of the stormwater fee,
amending Sections 7 80 110 and 7 80 170 of Chapter 7 80 of the City
Yakima Municipal Code to reflect said fee deferral, and providing for
related matters
WHEREAS, the City Council has previously established a storm drainage and surface
water management utility through the enactment of Chapter 7 80 of the Yakima Municipal Code
( "YMC "), and
WHEREAS, the City, the County of Yakima, the City of Union Gap, and the City of
Moxee are pursuing a cooperative approach to regional storm drainage and surface water
management policies in order to meet state and federal stormwater requirements, and
WHEREAS, the City Council finds and determines that it is necessary and advisable to
defer implementation of the stormwater fees until January 1, 2008 in order to more fully
develop regional stormwater polices prior to implementing those fees, and
WHEREAS, the City Council finds and determines that adoption of this ordinance is in
the public interest; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Sections 7 80 110 and 7 80 170 YMC are amended to read as follows.
7.80 110 Base Rate
The base rate shall be calculated to provide adequate revenues to cover all costs
allowable under applicable law that are incurred by the utility The City Council adopts
the annual base rate for the first year as $18
In each year thereafter, the ongoing revenue requirements for the stormwater utility shall
be reviewed and the annual base rates shall be adjusted or maintained as needed The
frequency of adjustments to base rates thereafter shall be as required to ensure fair and
full funding of the program
Adjustments to stormwater user's fees as detailed in YMC 7 80 120 will automatically be
applied to commercial, industrial and institutional parcel classes in 2008 These credits
will sunset in one year unless proper documentation is received that verifies that the
parcels meet the conditions of the discounts For example, if a parcel contains its
stormwater runoff in a drywell, the drywell must be registered with the Department of
Ecology
Low - income senior and low- income disabled households contained in the 2007 tax
records will receive a discount as detailed in YMC 7 80 120
(jc)ord/Stormwater Rate Revision 1
7.80 170 Effective Date of Service Charge
The stormwater fee shall go into effect within the City of Yakima on January 1, 2008
Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 17 day of
November, 2006
AO
1
ATTEST David Edler, Mayor
City rk
Publication Date. 11 -10 -2006
Effective Date 12 -10 -2006
(jc)ord /Stormwater Rate Revision 2
7
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No el
For Meeting of: November 7, 2006
ITEM TITLE. A) Public Hearing on Legislation deferring Stormwater utility fees, and
B) Council consideration of an ordinance amending and deferring
Stormwater utility fees.
SUBMITTED BY Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE. Brett Sheffield, P.E.
Surface Water Engineer 509/576 - 6797
SUMMARY EXPLANATION
(A and B) This Public Heanng concerns an ordinance defernng stormwater utility fees until January
2008 In anticipation of new stormwater regulations, Council approved the stormwater utility ordinance
in 2004 with the scheduled collection of fees to begin in 2006 Last year, the Council voted to defer the
collection of stormwater utility fees until 2007 The Regional Stormwater Policy Group, consisting of
elected or authonzed representatives from Yakima County, Union Gap, Moxee, Sunnyside and the City
of Yakima have been meeting ever since. Using a Department of Ecology grant, a Value Engineering
study of the currently proposed stormwater plan has been engaged, and significant progress has been
made in evaluating the plan and reducing associated costs.
Due to continued efforts to establish a regional stormwater management plan, staff recommends that the
City defer imposition of these fees until January of 2008 At that time, the degree of regional
cooperation between the surrounding cities and county will be better understood, along with the program
costs. The base rate of the ordinance has been modified to only show the beginning rate
Resolution Ordinances X Other (Specify)
Contract Mail to (name and address) Phone.
Funding Source
APPROVED FOR SUBMITTAL. ( - --� City Manager
STAFF RECOMMENDATION Staff recommends that the City Council A) hold the Public
Hearing; and B) subsequent to the public hearing and any public comment and deliberation,
act by ordinance to defer collecting Stormwater Utility Fees until January, 2008
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2006 -55