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HomeMy WebLinkAbout2005-062 Stormwater Utility Fee Deferral ORDINANCE NO. 2005 -62 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, 2007 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 three (3) years shown Year $ /year 20062007 18 00 20072008 27 00 20082009 36 00 In 20082009, 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 20062007 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 1 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 20852006 tax records will receive a discount as detailed in YMC 7 80 120 7.80 170 Effective Date of Service Charge The stormwater fee shall go into effect within the City of Yakima on January 1, 20062007 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 1st day of November, 2005 q ' . Paul P George, Mayor ATTEST i*t. >4 R.-6-6-- City Clerk Publication Date 11-4 -2005 Effective Date. 12-4 -2005 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting Of November 1, 2005 ITEM TITLE A) Public Hearing on Legislation deferring Stormwater utility fees, B) Council action on ordinance amending and deferring Stormwater utility fees, C) Resolution authorizing execution of Interlocal Agreement with Yakima County and the cities of Union Gap, Sunnyside, Moxee and Yakima for continued cooperation in planning for regional Stormwater compliance, and D) Resolution approving submittal of Stormwater Grant Application from the Washington State Department of Ecology SUBMITTED BY Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE. Brett Sheffield, 576 -6797 SUMMARY EXPLANATION (A and B) This Public Hearing concerns an ordinance deferring stormwater utility fees until January of 2007 Last November, Council approved ordinance number 2004 -73, which established a stormwater utility This ordinance stipulated that stormwater fees would begin in January of 2006 Due to continued efforts to establish a regional stormwater management plan with the County and adjacent cities, and expectant mid -year 2006 arrival of the National Pollutant Discharge Elimination System (NPDES) Phase II eastern Washington general permit, staff recommends that the City defer imposition of these fees until January 2007 (continued on next page) Resolution 2 Ordinance 1 Other (Specify) Contract Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. �� City Manager STAFF RECOMMENDATION Staff respectfully requests that Council A) conduct the Public Hearing on November 1, 2005 deferring stormwater utility fees until January 2007, B) adopt the Stormwater utility ordinance amendment as presented, C) approve the resolution concerning the Interlocal Agreement with other local jurisdictions to apply for a special partnership grant from Ecology; and D) approve the resolution concerning the joint Ecology grant application BOARD /COMMISSION RECOMMENDATION (A) Public Hearing was held. (deferring establish. of) COUNCIL ACTION (B) Ordinance passed. ORDINANCE NO. 2005- 62 <(stbrmwater utility fee) (C) Resolution adopted. RESOLUTION NO. R -2005 -163 (interloc. agmt.) (D) Resolution adopted. RESOLUTION NO. R- 2005 -164 (grant application) Page Two At that time, the requirements of the stormwater management plan will be more dearly defined and the degree of regional cooperation will be more fully understood. (C and D) Through the 2005 state legislature, the Department of Ecology has $2.7 million in grant money available to help Phase II communities start their stormwater management programs Ecology decided to allocate $75,000 each to the 32 jurisdictions that they determined to be the most economically challenged. The cities of Yakima, Union Gap and Sunnyside are included in the list of 32. Yakima County is not. In an effort to obtain an additional $75,000 of funding for the regional Yakima area, the cities of Yakima, Union Gap, Sunnyside and Moxee and Yakima County propose to apply for a special partnership grant, with Yakima County acting as the lead agency for this grant. The Department of Ecology indicated that some form of agreement between the parties of the joint grant application is necessary to accompany the grant application Once and if approved, Ecology would negotiate further the particulars of the grant in more detail than contained in the application The Regional Stormwater Policy Group (RSPG), which consists of elected officials from Yakima County and the cities of Yakima, Union Gap, Sunnyside and Moxee, have met three times over the last two months The attached Interlocal Agreement and joint grant application are direct products of this regional cooperation. Two items of note are 1) the joint grant application also requests an additional $200,000 of discretionary funds, since the regional program to be developed could be used as a template for other groups of phase II communities, and 2) if Ecology doesn't select our joint grant application, the City would still receive its $75,000 BUSINESS OF THE CITY COUNCIL YAICIMA, WASHINGTON AGENDA STATEMENT Item No * IS -- I S For Meeting of October 18, 2005 ITEM TITLE. Set date of Public Hearing for 2:00 pm on November 1, 2005, in City Council Chambers to consider legislation deferring Stormwater Utility fees SUBML i al) BY Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE. Brett Sheffield, P.E. Surface Water Engineer 509/576 -6797 SUMMARY EXPLANATION This action would set November 1, 2005 as the date for a Public Hearing regarding legislation to defer implementing Stormwater Utility fees until January 2007 Although Council approved the stormwater utility ordinance last year, which would implement stormwater utility fees m January 2006, two general concerns voiced by the public were: 1) the program and costs are not understood, and 2) a consolidated, regional approach could reduce redundancy of effort and be more efficient. In response to this, a regional stormwater policy group (RSPG) has been formed consisting of elected officials from Yakima, Yakima County, Union Gap, Moxee and Sunnyside. One of the first tasks to be performed by the RSPG will be to oversee a Value Engineering Study of the current draft of the stormwater management program. Smce this review of the proposed program will not happen until next year and the general permit will not be issued until at least June of 2006, staff recommends deferring fees until January 2007 Resolution Ordinances X Other (Specify) Public Hearing Set Date: Consolidation Report Excerpts Contract Mail to (name and address) : Phone: Funding Source: APPROVED FOR SUBMITTAL. �� City Manager STAFF RECOMMENDATION Staff respectfully requests the City Council to set November 1, 2005, as the date of Public Hearing to consider legislation delaying the charging of Stormwater Utility fees. BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION November 1, 2005 was set as the date of public heanng.