HomeMy WebLinkAbout12/02/2008 17 Storm Drainage and Surface Water Management Utility Ordinance Amendment •
0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: December 2, 2008
ITEM TITLE: Consideration of an Ordinance amending the Storm Drainage and Surface Water
Management Utility Ordinance
SUBMITTED BY: Doug Mayo, P.E.; City Engineer
Randy Meloy, P.E.; Surface Water Engineer
CONTACT PERSON/TELEPHONE: Randy Meloy, P.E. Surface Water Engineer 576 -6606
SUMMARY EXPLANATION:
This action would amend the Storm Drainage and Surface Water Management Utility
(Stormwater) Ordinance to allow for an extension of the same twenty percent credit provided to
all commercial, industrial, and institutional parcels in 2008 through 2009.
The twenty percent credit was originally scheduled for 2008 only. To continue receiving this
credit in the future, the property owner would have to submit certain information to the City by
® October 15 of the preceding year. The Department of Ecology's deadline for registering all
private underground injection control (UIC) wells has slipped from the time the ordinance was
developed and adopted. The effect of which renders the City's current UIC requirements more
onerous than state and federal regulation. As a policy, the Stormwater program is not intended
to be more onerous on private property owners than is necessary to comply with state and
federal regulations. The proposed amendment maintains consistency with federal and state
requirements, lessens confusion for certain private property owners, and serves to ease
administration by the City of the UIC registry program.
The Stormwater Utility will still be able to meet its projected 2009 revenue goals while granting
the twenty percent credit to all commercial, industrial and institutional parcels.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address): Phone:
Funding Source: Stormwater O rating Fund 441
APPROVED FOR SUBMITTAL: •+ City Manager
STAFF RECOMMENDATION: Enact the amended Stormwater Utility ordinance as enclosed.
BOARD /COMMISSION RECOM MENDATION:
do COUNCIL ACTION:
ORDINANCE NO. 2008-
AN ORDINANCE relating to stormwater utility rates; extending the automatic adjustment of
stormwater utility rates for commercial, industrial and institutional parcel
classes previously established for 2008 to also apply for the year 2009
and extending the sunset provision from one year to two years; and
amending sections 7.80.110 and 7.80.120 of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 7.80.110 of Chapter 7.80 of the City of Yakima Municipal Code is
hereby 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 as twenty two dollars for 2008 and thirty five dollars for 2009.
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
110 be applied to commercial, industrial and institutional parcel classes in 2008 and 2009.
These credits will sunset in two years 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."
Section 2. Section 7.80.120 of Chapter 7.80 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"7.80.120 Adjustments to stormwater user's fees.
Credits allowed under this section shall not be cumulative. Except for the first and
second year credits that will be given to all commercial, industrial, and institutional
parcels, credits or waivers must be granted by the engineer by October 15th of a given
year in order for the credit or waiver to be in effect for the following billing year. Credits
or waivers are not retroactive to current or prior billings and are only in effect for the
next billing year. Credits or waivers may be in effect for multiple future billing years;
provided, that ongoing qualifying criteria are met. The engineer will take such time as
necessary to process requests for credits or waivers in an orderly fashion.
(A) Credits for Qualified Stormwater Facilities. The city council recognizes that some
parcel owners have constructed or will construct private on -site stormwater quality and
quantity mitigation facilities, which when properly operated and maintained will aid the
city in controlling the overall effects of stormwater pollution. Parcels or portions of
parcels with facilities that meet one of the criteria listed below, to the engineer's
satisfaction, shall receive a reduction of twenty percent from the annual fee 'charged for
that portion of the site draining to such facilities.
(1) Any commercial/industrial/institutional parcel with a properly constructed and
• maintained stormwater facility that meets or exceeds the design requirements of the
2004 Department of Ecology Stormwater Management Manual for Eastem Washington
or an equivalent design manual adopted by the city. Owners of subsurface stormwater
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Amendment
infiltration systems shall provide evidence of compliance with the Washington State
•
Underground Injection Control Program in order to receive the credit.
(2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A
copy of the permit and the stormwater pollution prevention plan (SWPPP) shall be
provided to the engineer.
The property owner is responsible for providing all documentation necessary to
demonstrate compliance with the above requirements. Documentation shall be by a
licensed civil engineer with the state of Washington. In the event facilities or control
measures address only a portion of the total parcel, the credit will be applied to only
that affected portion. The customer must maintain any water quantity and/or quality
control facility in accordance with Department of Ecology maintenance guidelines and
appropriate practice to ensure proper function and effectiveness of the facility.
Commercial /industrial /institutional parcel owners receiving credits shall agree to allow
the city to periodically inspect the subject stormwater facilities. The city may request
documentation from facility owners to verify that proper maintenance has been
performed. The city may notify owners in writing of maintenance needs or deficiencies.
Failure to maintain the facilities within thirty days after written notice may be cause for
termination of the adjustment authorized by this section.
(B) Credit for Rainwater Harvesting Systems. Upon review and approval by the
engineer, owners of new or newly constructed commercialfndustrial class buildings that
utilize a properly constructed and maintained permissive rainwater harvesting system
shall be eligible for a ten percent credit applied toward that portion of their stormwater
charge arising from the building upon which the system is used. Customers desiring
this credit shall apply to the engineer and shall submit engineering design and
operational information as deemed necessary by the engineer to make their evaluation •
and decision. Rainwater harvesting and beneficial reuse of the runoff is found by the
city council to both reduce the burden imposed upon the system by the building by
reducing runoff and to also have other beneficial water quality effects such as reduced
consumption of potable water.
(C) Waiver of Utility Fees for Certain Property. The engineer shall waive stormwater
and surface water utility fees for a parcel falling within the following special categories
of property upon a showing that the parcel meets the following applicable criteria for so
long as the criteria are met.
(1) Fees shall be waived for city streets and street rights -of -way, since they act as
stormwater conveyance facilities during large floods. The city streets fund also
contributes to the proper operation, maintenance, repair, improvement, and
construction of the street drainage system.
(2) Fees shall be waived for state of Washington highway rights -of -way, so long as
the state of Washington cooperates with the utility in the provision of services and
maintains, constructs and improves all drainage facilities contained within such rights -
of -way as required by the utility in conformance with all utility standards for
maintenance, construction and improvement hereafter established by the utility and so
far as such maintenance, construction and improvements shall be achieved at no cost
to the utility or to the city.
(3) Fees shall be waived for municipal, county, and state and federal parks, fishing
areas, wildlife reserves, public trails and bike paths so long as their owners cooperate
with the utility in the provision of educational services and water quality control efforts.
Fees shall be waived to the degree that such property owners offset the costs of the
utility to manage the burdens imposed by such parcels. Parks, trails and bike paths
have minimal intensity of impervious development and provide opportunities for natural
resource education and development of an appreciation for water quality.
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Amendment
• (4) Fees shall be waived for all vacant/undeveloped parcels. The city council finds
that such parcels generally have no improvements built on them, generate little to no
traffic, utilize no chemicals, and generally are in a natural state, thereby imposing no
burden upon the system and receiving no benefit from the utility's services and
facilities. Information that a property categorized as vacant or undeveloped is being
used otherwise may result in a loss of this waiver."
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, signed and approved this 2nd day of December, 2008.
ATTEST: David Edler, Mayor
City Clerk
Publication Date:
Effective Date:
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Amendment