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Home My WebLink AboutR-2002-043 Resetting Hearing Date for Re-establishment of Parking & Business Improvement Area No. 1 (PBIA)RESOLUTION NO. R-2002- 43 A RESOLUTION of the City Council of the City of Yakima, Washington, declaring the intention of the City Council to renew and re-establish Parking and Business Improvement Area No. 1 in downtown Yakima, and resetting a time, date and place for a hearing on the reformation of such parking and business improvement area. WHEREAS, the City Council of the City of Yakima, Washington ("City"), on April 2, 2002, adopted Resolution No. R-2002-34 initiating the renewal and reformation of Parking and Business Improvement Area No. 1 ("PBIA") in downtown Yakima in accordance with RCW 35.87A.030; and WHEREAS, the City Council also adopted Resolution No. R-2002-35 on April 2, 2002, setting a public hearing date to be held at City Hall, Yakima, Washington, at 2 o'clock P.M., on April 16, 2002, relating to the renewal of said PBIA, the proposed uses and projects to be financed within said PBIA, and the proposed special assessments to be levied upon businesses within said PBIA; and WHEREAS, the City Council desires to move and reset said PBIA public hearing date from April 16, 2002 to 2 o'clock P.M., on May 7, 2002; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yakima, Washington, as follows: Section 1. It is the intention of the City Council (the "Council") of the City of Yakima, Washington, to renew and re-establish Parking and Business Improvement Area No. 1 for the downtown area of the City, as provided under Chapter 35.87A RCW, for the purpose of assisting trade, economic vitality and livability within the area. The boundaries of the PBIA are set forth on Exhibit A attached hereto and by this reference incorporated herein. Section 2. The uses and projects to which the special assessments shall be put are set forth on Exhibit B attached hereto and by this reference incorporated herein. The special assessments shall be applied among the various uses and projects set forth on Exhibit B so as to accomplish, as nearly as may be, all such uses and projects within the estimated budget set forth in Section 4 hereof. If the City determines in consultation with the Yakima Downtown Association ("YDA") that it has become impractical or undesirable to accomplish any of such uses or projects by reason of increased costs, changed conditions or needs, alternative uses or (lk) comm dev pbia hearing reset 9-02.pm projects may be substituted; provided, however, that such alternative uses or projects must include any one or more of the following: (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area; (b) Decoration of any public place in the area; (c) Promotion of public events that are to take place on or in public places in the area; (d) Furnishing of music in any public place in the area; (e) Providing professional management, planning and promotion for the area, including the management and promotion of retail trade activities in the area; (f) Providing maintenance and security for common, public area; and (g) Any other purposes that may hereafter be permitted under Chapter 35.87A RCW, as amended, or its successor statute, if any; and provided further that the City in consultation with the Association may not substitute any such alternative use or project for those set forth on Exhibit B if, within 30 days of the City's mailing notice of such proposed substitution to all businesses within the PBIA subject to assessments, objections in writing are received from operators of businesses that would be required to pay more than fifty percent of the proposed special assessments within such PBIA. All such uses and projects shall be supplemental to regular street maintenance provided by the City and shall not displace any services regularly provided by the City. Section 3. In the event that such PBIA is renewed, special assessments would be levied against all businesses within the PBIA to provide funds necessary for the purposes set forth in Section 2, which special assessments would be levied upon the following classes of business and at the following rates: Number of Business Assessment Rate Employees* Classification Per Employee 1 - 5 Retail $ 20.00 6 and over Retail 40.00 1- 5 Service 10.00 6 and over Service 20.00 *An employee is defined as any person or combination of persons whose total working hours equal 40 hours per week, i.e., total hours worked by all personnel (including management) in the previous calendar year divided by 52 weeks (average working hours per week) and divided by 40 hours equals average (Ik) comm dev pbia hearing reset 4-02.pm number of employees. Fractions of employees .5 or greater will be rounded up to the next whole number. Section 4. The total estimated annual cost for the improvements set forth in Exhibit B is $65,000. Section 5. In the event that such PBIA is renewed, the special assessments described herein would be levied every year for six years following the renewal of such PBIA and then terminated. The city may then elect to reform such PBIA in accordance with the procedures for forming a new PBIA established by Chapter 35.87A RCW or any successor statute, if any. Section 6. All persons who may desire to support, object to, or comment on the renewal of such PBIA are hereby notified to appear at a hearing of the Council to be held at City Hall, Yakima, Washington, at 2 o'clock P.M., on May 7, 2002, which time and place are hereby fixed for hearing of all matters relating to the renewal of said PBIA, the proposed uses and projects to be financed within said PBIA, and the proposed special assessments to be levied upon businesses within said PBIA. Section 7. The City Clerk is hereby directed to prepare and give notice of such hearing in the manner required by law. PASSED by the City Council of the City of Yakima, Washington, at a regular meeting thereof held this 16th day of April, 2002. 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Scale --lin =400ft 0 200 City of Yakima, Washington March 28, 2002 Ina $ City of Yakima Exhibit B The current Yakima Downtown Association Parking and Business Improvement Area ordinance allows for the following activities: (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area; (b) Decoration of any public place in the area; (c) Promotion of public events that are to take place on or in public places in the area; (d) Furnishing of music in any public place in the area; (e) Providing professional management, planning and promotion for the area, including the management and promotion of retail trade activities in the area; (f) Providing maintenance and security for common, public area; and (g) Any other purposes that may hereafter be permitted under Chapter 35.87A RCW, as amended, or its successor statute, if any; BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of April 16, 2002 ITEM TITLE: A resolution resetting a time, date, and place for a hearing on the renewal of the Parking and Business Improvement Area within the downtown area of the City. SUBMITTED BY:IA Liam R. Cook, Director I/ Community and Economic Development CONTACT PERSON/TELEPHONE: Vaughn C. McBride Community Development Specialist 575-6101 SUMMARY EXPLANATION: The City Council on April 2, 2002, adopted Resolution No. R-2002-35 setting a public hearing date to be held at City Hall, Yakima, Washington, at 2 o'clock P.M., on April 16, 2002 relating to the renewal of the downtown PBIA, the proposed uses and projects to be financed within the PBIA, and the proposed special assessments to be levied upon businesses within the PBIA as per RCW 35.87A.040. Request the Council establish Tuesday, May 21, 2002 at 2:00 p.m. at City Council Chambers as the day to conduct a public hearing. All affected parties will be notified by mail of the time, date, and place, as required by statute. Resolution X Ordinance Other (Specify) Contract Mail to (name and address) : Funding Source NONE , APPROVED FOR SUBMITTAL: Phone: City Manager STAFF RECOMMENDATION: Approve the resolution BOARD/COMMISSION RECOMMENDATION: Yakima Downtown Association recommends approval. COUNCIL ACTION: The resolution was adopted by unanimous vote with an amendment to change the date of public hearing to May 7, 2002. RESOLUTION NO. R-2002-43