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Home My WebLink About11/23/2004 Adjourned Meeting 2 430 CITY OF YAKIMA, WASHINGTON ADJOURNED MEETING OF THE CITY COUNCIL NOVEMBER 23, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler,.Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts Mayor George announced the addition of an item to the agenda. 2. Set date of Public Hearing for December 7, 2004 on the expansion of the Renewal Community Area Michael Morales, Economic and Community Specialist, advised Council that the last tax bill that went through Congress had a provision allowing for expansion of renewal communities where census tracks are contiguous. Census track 3 meets the criteria. We are setting up a comment period and a public hearing to make sure we meet all requirements. SIMS MOVED AND EDLER SECONDED TO SET DECEMBER 7, 2004 AS A DATE OF PUBLIC HEARING FOR THE EXPANSION OF THE RENEWAL COMMUNITY AREA TO INCLUDE CENSUS TRACK 3. The motion carried by unanimous roll call vote. 2. Public Hearing on the Proposed Joint Stormwater Utility Ordinance Chris Waarvick, Director of Public Works, opened the hearing noting this is a joint utility ordinance encompassing the Cities of Union Gap and Yakima and Yakima County. People in the audience available for questions were Bill Moore, Department of Ecology (DOE), Tom Tebbs, local DOE, Brett Sheffield, City Surface Water Engineer, and the Stormwater Advisory Committee members. City Manager Zais said what is important today is that we have focused on a regional approach at the direction of Council. This ordinance integrates the objectives and needs of the three jurisdictions. We have delayed the fees for one year when we will know the permit terms and conditions. The fees will begin January 1, 2006 and continue into 2007 and 2008. Mr. Waarvick explained that funds will be borrowed from Wastewater to support minimum staffing. The funds will be paid back once the fees begin coming in. 431 ADJOURNED MEETING — STORMWATER NOVEMBER 23, 2004 • Mayor George opened the public hearing Larry Mattson, 2810 Shelton Avenue, remarked that the City's proposal was a supersized solution to the stormwater problem. He suggested there is a distinction between compliance and funding. We should take action to comply with the law, but keep the funding issue separate for now. Most people disagree • with the funding issue because of the bureaucracy size. His suggested solution is to have one regional utility which will have accountability, least cost, long term, efficient, lean, and no duplication of effort as the benefits. Mr. Mattson related that Brevard County, Florida gets over 60 inches of rain, has over 500,000 people, and covers 1,000 square miles with a full time staff of 13. He compared that to the City's proposed staff of 11 for a population of 80,000 and minimal rain. He suggested starting small and growing only when needed. Clarence Barnett, Central Washington Homebuilder's Association, asked questions about the relationship between a public stormwater control facility and the stormwater utility. He also mentioned that the City of Yakima and the County's definition of impervious surface differ and emphasized that the three entities should use identical definitions. Mr. Barnett submitted CWHBs concerns in writing. Brian McGuire, Association of General Contractors of Washington, said they • would like to see the ordinance postponed until all entities can agree on language for consistency to help out the development community. Council Member Sims asked several questions resulting in a discussion on certification requirements, staffing plans, and NPDES permits. Council Member Edler asked why the County has delayed action on Stormwater to which John Knutson, County Surface Water Manager, answered they wanted further public input and the opportunity for the new sitting Commissioners to look at it. A couple months ago a decision was made to defer the rural component of the stormwater utility to develop an explanation of the need for that program. They wanted to defer the urban area and perhaps create a task force to study funding options. Chris Waarvick and City Manager Zais both addressed the regional approach and what has happened to date. The County and Union Gap have said they would work with us, but have deferred at this time. Adopting this ordinance is the proper thing to do to protect our environment and to protect the City from possible litigation. • Mayor George closed the public hearing. Council Committee members spoke of their frustration of trying to regionalize. Council Member McClure said he sees today's action as saying we're going to form the utility, it will have 1.5 employees and the money to fund at that level will be borrowed from Wastewater. We will then work with the County and Union Gap to develop and implement the best solution for stormwater. City Manager Zais stated for regionalization to occur there has to be a governing body step forward to lead it and this ordinance does that. 2 432 ADJOURNED MEETING — STORMWATER NOVEMBER 23, 2004 The City Clerk read the ordinance by title only. McCLURE MOVED AND PLACE SECONDED TO PASS THE ORDINANCE. Mr. Zais explained there is a pro- forma budget forecasted over five years to bring us into compliance. It is adjustable every year, and you can amend the ordinance at any time. Fees can be adjusted or held. Council Member Bonlender said it seemed we could wait until the County comes forth as they should be the leader. The question was called for a vote on the motion. The motion carried by a 5 -2 roll call vote; Bonlender and Edler voting nay. ORDINANCE NO. 2004 -73, AN ORDINANCE relating to public services and utilities; creating a storm drainage and surface water management utility within the City of Yakima to regulate public and private activities that impact stormwater discharges and to provide related facilities and services; providing authority for the imposition, collection and adjustment of stormwater utility rates, fees and charges; and adding new chapter 7.80 to Title 7 of the Yakima Municipal Code. 4. Adjournment McCLURE MOVED AND WHITMAN SECONDED TO ADJOURN TO NOVEMBER 30, 2004 AT 8:00 A.M. FOR AN ADJOURNED MEETING EXECUTIVE SESSION AND THEN TO 8:45 A.M. FOR A BUDGET REVIEW STUDY SESSION, AND THEN TO DECEMBER 7, 2004, AT 8:30 A.M. FOR BUDGET WRAP UP. The motion carried by unanimous voice vote. READ AND CERTIFIED ACCURATE BY 3 ` 2 5� � 0 COUNCI EMBER A D TE /A 0, d'/ (1 II 1 IL MEMBER DATE ATTEST: CITY CLERK PAUL P. GEORGE, MAYO Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 3