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HomeMy WebLinkAboutR-2007-030 Set Hearing Date; Increase Yakima Downtown Parking & Business Improvement Area (PBIA)RESOLUTION NO. R-2007-30 A RESOLUTION expressing the Yakima City Council's intent to expand the boundaries of and increase the assessment rates for the Parking and Business Improvement Area No.1, a parking and business improvement area (hereinafter "PBIA"); and fixing a date, time and place for a public hearing on the proposed expansion of and increased assessment rate for said PBIA. WHEREAS, the Committee for Downtown Yakima (hereinafter CDY) has requested that the Yakima City Council consider expanding the present Parking and Business Improvement Area No. 1 (hereinafter PBIA), previously renewed and reformed on May 7, 2002 by Ordinance No. 2002-26 and fully described in Exhibit "A", (the Initiating Resolution, attached hereto and incorporated herein by this reference) to increase the assessment area of the present PBIA, together with increasing the current assessment rates for businesses located within the present PBIA, in order to provide sufficient funding to fulfill the necessary maintenance, upkeep and safety oversight required therein; and WHEREAS, the area that is being considered as an expansion of the present Downtown Yakima PBIA is geographically adjacent to the present PBIA boundary, the boundaries of said proposed expansion area being East 'A' Street on the north, 7th Street on the east, Chestnut Street on the south and the east boundary of the present PBIA on the west; and WHEREAS, there have been no previous modifications to the present PBIA boundaries within the past year; and WHEREAS, the assessment role for the proposed expansion area shall not be greater than ten percent of the current PBIA assessment role; and WHEREAS, the assessment rates for the proposed expansion area would be established pursuant to the requirements of RCW 35.87A.080 and 35.87A.090, together with any other applicable provisions of RCW Chapter 35.87A; and WHEREAS, the current assessment rates within the present PBIA have not been increased since the renewal and reformation of the PBIA in May, 2002 and the current assessment income is insufficient to provide the services the PBIA was established to provide; and WHEREAS, CDY has requested that the City Council increase the assessment rates by one hundred percent (100%) within the present PBIA area and establish the assessment rates within the proposed expansion area at the same increased level of assessment in order to provide the funds necessary to accomplish the stated purposes (jc)res/Downtown Yakima. PBIA 1 and under the same conditions as exist for the present PBIA, for all businesses within the present PBIA boundaries as well as those within the proposed expansion boundaries; and WHEREAS, the proposed increased rate of assessments shall be levied upon the following classes of business at the following rates: Number of Business Assessment Rate Employees* Classification Per Employee 1-5 Retail $40.00 6 and over Retail 80.00 1-5 Service 20.00 6 and over Service 40.00 *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 number of employees. Fractions of employees equaling 0.5 or greater will be rounded up to the next whole number. These proposed assessment rates would be levied upon all businesses located within the present PBIA as well as within the proposed expansion area identified herein; and WHEREAS, the City Council wishes to set a public hearing for consideration of this proposed PBIA expansion and assessment increase, said hearing to be held in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA, on Tuesday, April 3, 2007 at 7:00 pm; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Tuesday, April 3, 2007 is the date set for a public hearing concerning expansion of the Downtown Yakima Business Improvement Association together with increasing the assessment rates levied therein, said public hearing to commence at 7:00 pm in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA ADOPTED BY THE CITY COUNCIL this 6th day of rch, 2007. 4 ;1jr David Edler, ayor ATTEST: /69-6-FN-ak, -) City Clerk (ic)res/Downtown Yakima. PBIA Yakima City Council Study Session February 22, 2007 To: Honorable Mayor and City Council Members Dick Zais, City Manager From: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager Subject: Presentation from Committee for Downtown Yakima regarding proposal to expand the Parking Benefit Improvement Area (PBIA) and a contract to maintain the Central Business District (CBD) The Committee for Downtown Yakima, chaired by Doug Picatti, will be presenting a Power Point presentation at your study session showing an analysis of the current PBIA, the need for expansion, the rules governing the change, and the Committee's recommendations. The Committee for Downtown Yakima is comprised of the following Board of Directors: • Doug Picatti Picatti Brothers • Craig Rath Valley Brook Construction • John Baule Yakima Valley Museum • Joe Mann Ron's Coin and Books • Jamie Stickel Yakima Herald -Republic • Kathy Coffey Visitors and Convention Bureau • Jack Cannon Design Ltd. • Liz McGree JEM Development • Monica Weyhe Yakima Regional Library • Mike McMurray Yakima Bears • Barbara Greco For a Better Tomorrow • Mike Morrisette Chamber of Commerce • Dave Picatti Cafe Melange • Norm Johnson City Council Member • Dick Zais City Manager • Steve Gibson Urban Place Consulting Attachment "A" is the Committee's 2007 Draft Work Plan. It entails four major work categories: I. Economic Development II. Communication III. Improving the User Experience IV. Developing Long -Term Funding The focus of the February 27, 2007 Study Session is on two categories: III. Improving the User Experience A. Maintenance: Implement a downtown maintenance and beautification program throughout the core of downtown, and ._� IV. Developing Long -Term Funding A. PBIA renewal and expansion: Work with the downtown property owners and businesses to develop consensus for renewing and expanding the current Parking and Business Irnprovement Area (PBI -A)• The other categories in the 2007 draft Work Plan will be presented at later Council sessions. Downtown Maintenance The Parks and Recreation Division has provided the maintenance and landscaping for the 16 -block Central Business District (CBD). Revenues from the parking lot stations provided the support for this work function. Up until eight years ago, a private contractor was responsible for maintenance functions in the core downtown. During that time there were a number of issues with the quality of service and the cost for service; and, when the contract ended, the project was transferred to the Parks and Recreation Division. At that time there was sufficient money to cover the City's operational cost for maintenance. That is not the case today. Attachment "B" is a Policy Issue/Council Information Item addressing maintenance considerations for the downtown. With the Downtown Yakima Futures Initiative project under way, steps need to be taken to maintain the beauty and aesthetics of the downtown area, now and in the future. As the Policy Issue/Council Information Item states, staff recommends contracting out all maintenance and landscaping functions. Furthermore, staff suggests that the private contract be managed by the Committee for Downtown Yakima (CDY). In the 2007 Parks and Recreation budget, $50,000 is allocated under professional services to contribute toward that contract. (Note: The City hag the legal nntinn to n4'Crnt44te µ i -outran± with C'T'V or to o^11 for other ooropetitivo proposals for this professional services contract. However, since this work is not a public works project, formal, competitive bidding is not required.) Attachment "C" is a map showing the future build -out and the magnitude of the project and the enhanced areas to maintain in future years. Attachment "D" is a letter from Bob Busse, Chair of the Parks and Recreation Commission, expressing support and concern toward the future responsibility of maintenance of the downtown. The Parks and Recreation Commission is concerned that if additional duties are required of Park Maintenance staff without appropriate revenues to offset expenditures, then maintenance in all other parks will suffer. PBIA Renewal and Expansion Urban Place Consulting Group Inc. has worked closely with the Committee for Downtown Yakima to analyze the current downtown funding structure, the future needs of the downtown, and options for expansion of the PBIA area. Attachment "E" is a copy of the Power Point presentation that will be shown at Tuesday's meeting. As the Committee will discuss with you, they are recommending your approval to expand to Area "C" for increased assessments of $3,252 annually, increase current assessment rates 100% to generate an additional $72,184 annually, and to contract with the Committee for Downtown Yakima to administer operation of the downtown area including maintenance. Staff Summary Staff respectfully recommends the following: 1) That the City Council accepts the recommendations of the Committee for Downtown Yakima and asks them to: A. Secure business community support to expand the expansion of the PBIA area. This would include approaching affected businesses, and petitioning the City Council to conduct necessary public hearings for the Council to consider legislation that expands the PBIA area. B. Secure business community support to increase assessment rates by 100%. This would generate an additional $72,184 annually. Implementation would include contacting PBIA businesses to seek support and to petition the Council to conduct a public hearing, and consider legislation to increase assessment rates. 2) Pursuant. to the above, direct City Management to negotiate a contract with the Committee for Downtown Yakima to perform all maintenance and landscaping duties in the downtown core. This would include working with City Legal, the Parks and Recreation Division and the Purchasing Division to develop a scope of work, performance measures, and contract language to assist the Committee for Downtown Yakima in seeking a contractor to provide needed services. Additional Attachments Attachment "F"— Minutes from the January 24, 2007 meeting of the Council Economic Development and Downtown Futures Initiative Committees. Attachment "G"— State statute governing the formation, implementation and management of a PBIA. -3- Attachment "A" Committee for Downtown Yakima Downtown Yakima Foundation 2007 Draft Work Plan Operation Downtown Kenaissance "To lead and implement the renaissance of downtown; making it the premiere gathering place of central Washington." Core purpose of the Committee for Downtown Yakima January 31, 2007 Urban Place Consulting 1 Creating the Environment for Investment in Downtown Tha nrnnr M work Winn fnr 9!117 huilrlc nn the 7006 work plan and nnrl+ini ien the ., �.�»:a work �.�.... .ar+ �vve c....,c.cmv nota accv ivary .. a..c .- plan and LeLJI ILII ii.dW� Ll leo work in the three crucial elements, economic development, communication and imnrovinr/ the downtown Awn 1Icer experience Each of the element _I a_ nIq ivv.1ly ■Ila. a.lvvn1L.JYr11 I1 I cAJ IICilI'.. . L..QL.11 vl LAGS cIGIilel1tJ is crucial! to achieving the goal of making Yakima the Premier Gathering Place of Central Washington. The work plan defines specific programs to be implemented within each of the elements. The main difference between the 2007 work plan and 2006 is the shift of emphasis and priority from communication and improving the user experience to economic development. Also a new area of work was added focusing on developing long term funding sources. 2007 WORK PLAN IN SUMMARY I. Economic Development A. Strategic Deveionment imnlementation Plan' f;avaloo co's ens s and support among public and private stakeholders to implement the plan. B. Retail: Develop programs to support existing Downtown retail. Develop strategic retail implementation plan to attract new retail to Downtown. C. Office: Develop programs to support existing office tenants and attract new office tenants to Downtown. Retain public roses City/County/State in Downtown. D. Residential Core: -Facilitate the rehabilitation of upper floors in existing - buildings to residential use. Facilitate new dense residential development on existing vacant downtown sites. Work to remove barriers and attract financial resources. F. Residential Neighborhood: Work with City and property owners to focus available resources on improving the downtown neighborhoods. Create a demonstrationblock and if necessary Downtown Yakima Foundation to act as a non-profit developer. 11. Conirnunication: Develop consistent communication on many levels to overcome the negative perception of Downtown and to communicate the positive change, the Renaissance that is occurring in Downtown. Urban Place Consulting 2 111. Improving the User Experience A. Maintenance: Implement a downtown maintenance and beautification program throughout the core of downtown. B. Safety: Develop programs and resources to focus on downtown safety issues. Create a safe environment that will overcome the negative perception and will attract users and businesses back to downtown. C. Parking: Assume responsibility for parking in the downtown core, including management, maintenance and improvements. Establish Downtown Parking Authority and Downtown Parking Enterprise Fund. D. Physical Environment: Create a pedestrian friendly experience that attracts users to gather in downtown and connects the convention center to all the downtown attractions. C. Access: Improve automobile circulation to and within downtown. Increase on street parking options. D. Community Gathering: Facilitate and encourage more community events in Downtown. IV. Developing Long Term Funding A. PBIA Renewal and Expansion: Work with the downtown property owners and businesses to develop consensus for renewing and expanding the current Parking and Business Improvement Area. B. State B&O Tax Program: Achieve certification of the Committee for Downtown Yakima and Downtown Yakima as qualified participants in the State Main Street Program B&O tax rebate, C. Grant and Foundation Funding: Explore the possibilities of accessing grants and foundation funding to finance programs. Urban Place Consulting 3 2007 WORK PLAN IN DETAIL L Economic Development A. Retail Development Programs 1. Retain and strengthen existing retail a. Form Downtown Retail Subcommittee, of the Committee for Downtown Yakima, to encourage retail business participation in creating and implementing retail support programs. b. Create downtown business directory (see communication plan) c. Improve and update retail page on web site. (see communication plan) d. Support the creation of more downtown events. Improve the linkage IJ I.vvG611 GVGI Ila Qllu uUWIIIVVVI1 UUaIIlebbUb. e. Create co-op marketing opportunities for downtown businesses. f. Identify existing barriers or issues facing retail businesses and develop programs to address the issues. 2. Develop new retail in downtown. a. Develop strategic retail implementation pian to attract new retail to downtown. b. Update database of properties that provide retail space, track Occupancy rates. c Proactively recruit new retail businesses to downtown. Es. Office Development Programs 1. Develop programs to address the needs of tenants and office workers based upon a survey and inventory of office tenants currently in downtown, 2. Work with the County to: a. Retain existing County uses in downtown b. Create a development plan for County property in downtown. 3. Update the database of properties that provide office space, track occupancy rates. 4. Develop program to proactively recruit new office tenants to downtown. C. Core Residential Development Programs 1. Develop upper floor residential a. Sponsor a residential development seminar bringing outside experts and local property owners and developers together. b. Work with the City to define issues and barriers to rehab construction and develop programs to address the issues. c. Create a demonstration project. d. Identify funding sources Urban Place Consulting 4 2. Facilitate the development of a residential master plan for downtown. a. Identify potential development sites. b. Create development guidelines for new development D. Residential Neighborhood Development 1. Develop a partnership with the City to focus resources on the downtown neighborhoods. 2. Identify public and private sources of funds to invest in the neighborhoods. 3. Create a property improvement program for owners. a. Low interest/grant loan program b. Architecture/construction consulting program Proactively seek developers and owners to work in downtown neighborhood. U. Communication Communication Programs 1. Media Relations a. Press releases b. Media kit c. Write and place stories 2. Monthly Update a. One page b. E-mailed c. Board and close friends 3. Quarterly Newsletter a. Two pages, probably grow to four pages, grow to by -monthly b. Continue partnership with Yakima Herald & hand delivered c. Board, City/County employees, elected officials, downtown businesses, downtown property owners. 4. Speaking Circuit — on going a. Service Clubs b. Non-profit boards c. Business meetings 5. Web Site — Continue improving and updating a. Home page b. What's happening downtown page c. Directory of businesses and services page d. Economic development page e. Links to other downtown organizations 6. Business/Services Directory 7. Downtown Annual Meeting 8. Market/Opinion Research 9. Market/Facilitate Special Events Urban Place Consulting 5 III. Improving the Downtown User Experience A. Maintenance Programs 1. Develop and manage year round downtown maintenance program 2. Develop and implement downtown landscape and beautification program B. Safe Programs 1. Seasonal Ambassador Program 2. Encourage and support the police department in its efforts to expand its force. Ennro::reive nsow+rvo..roit.• raoli..ir.«,..•«11.7.x.« ... atrol iL..Aaul cis4 LrLJiiiii iuiiilV ulJiilr111�, wC111‘11 IV UdLI UUVVl ILUVW , C. Pedestrian Experience Physical Improvements 1. Support the Downtown Futures Initiative and its expansion to the Westside.s Wnrk to improve aI! aspects of the edestrian expori.r� nce —_ _- _— -- ..�. v v v u:. ue.e?... —v:v is pLaJ Lel L: :....:: G.fi�.7Gi ii..i iLv. a. Inventory existing conditions b. Create a data base with those conditions and hegin reporting to appropriate city departments for repair. 3. Improve the pedestrian lighting in Downtown a. Inventory lighting on the sidewalks, alleys and parking lots. b. Work to Increase lighting where necessary. c. Encourage up -lighting of historic buildings and iighting inside businesses. d. Investigate granting and other funding sources with local utility ' J!!!pa!!y. 4. Increase the number of sidewalk dinning venues. 5. Facade Improvement Program a. Work with City agencies and historic preservation and downtown property owners to encourage more facade improvements. D. Community Gathering Programs 1. Work with other organizations to facilitate the creation of new events in do:A:nto::If. 2. Work with existing event producers to grow and expand the current line up of events. 3. Act as a liaison between event producers and public agencies to streamline event production. D. Parking/Access Programs 1. Assume responsibility for daily management of parking in downtown. 2. Transition YDA to a Downtown Parking Commission 3. Establish Downtown Parking Enterprise Fund in City budget, retain parking revenue for parking improvements. 4. Work with City agencies to reduce the number of one way streets in downtown. Urban Place Consulting 6 IV. Developing Long Term Funding D. PBIA Renewal and Expansion: Work with the downtown property owners and businesses to develop consensus for renewing and expanding the current Parking and Business Improvement Area. E. State B&O Tax Program: Achieve certification of the Committee for Downtown Yakima and Downtown Yakima as qualified participants in the State Main Street Program B&O tax rebate. F. Grant and Foundation Funding: Explore the possibilities of accessing grants and foundation funding to finance programs. Urban Place Consulting 7 Staffing In order to implement the above programs the following professional staff will be in place. Interim Executive Director, Steve Gibson & Rena Leddy Urban Place Consulting will continue to fulfill the role of executive director although at a reducing rate over the next 12 to 18 months. Urban Place will continue to guide the impierrmentation of the downtown vision as well as lead staff development and funding development. It is the goal of Urban Place to develop the staff and funding to a level that will allow the Committee and its programs to Continue to grow without the going involvement Urban Place .. ........ .... �...... ......v.w., the on going �y involvement rv� � w� �a of Urban � r IQGC. Deputy Executive Director, Sean Hawkins The Deputy Executive Director has experience in working with property owners, developers and real estate professionals_ The Deputy Executive nirrector will take the lead in further developing City and County partnerships.The Deputy Executive Director will be responsible for leading a!! elements of the Economic Development work plan including: • Retail Development • Office Development • Residential Core Development • Neighborhood Development In addition the Deputy Director will work closely with the Director of User Experience and the Urban Place staff to implement elements of the improving the User Experience work plan and Communication work plan. !t is expected that the Deputy Director will become the Executive Director within 9 to 18 months. Full time, on site. Director of User Experience, Mandl Ellison The Director of User Experience has experience in communications, marketing and promotions including the development of professional -quality promotional materials and securing relationships with media personnel. The Director has excellent public speaking, computer, writing, and communication skills. The Director will be responsible for the following elements of the work plan: • Developing the User Experience, Maintenance, Safety, Pedestrian Use • Communication — All aspects, across all elements of the work plan. • Community Gathering • Retail Subcommittee, retail support programs In addition the Director of User Experience will work closely with the Development Director and the Urban Place staff to implement elements of the Economic Development work plan. Full time, on site. Urban Place Consulting 8 Development Board of Directors Advocacy intei au idation' Attachment "B" Council Information Item Memorandum September 27, 2006 To: Honorable Mayor, Council Members, and City Manager From: Chris Waarvick, Director of Public Works Subject: Maintenance Considerations for the Downtown The Downtown Yakima Futures Initiative project improvements are in the final stages to boldly renew the City's pedestrian ways in the heart of Yakima. In addition to the "Vivid" themed sidewalks, pedestrian light fixtures, landscape, and other architectural improvements, vital safety components were added earlier this year to help handicapped access to sidewalks in Downtown Yakima. To maintain the beauty and aesthetics of the downtown area, Public Works is proposing to contract out the maintenance functions. The private contract would be managed by the Yakima Downtown Partnership. The City would assist the Yakima Downtown Partnership in identifying tasks and standards for maintenance. Options for funding the cost for the ongoing maintenance, of which staff has projected to be approximately $150,000 per year, are as follows: Option 1: Increase Business License Fees. It is proposed to increase business license fees by 20% in 2007. This would generate an additional $100,000 in revenue. The last increase in Business License fees was in 1987. Option 2: Increase In Lieu Tax on City Utilities. It is proposed to increase 1/2 of 1% In Lieu Tax to generate additional revenue for maintaining the downtown. Currently, In Lieu Tax is 14%. This increase would bring in approximately $135,000. Option 3: Establish a PBIA for Downtown Maintenance. The formation of a PBIA for maintenance and operational support is a third option for Council consideration. The formation of the PBIA would need to be designed to generate $100,000--$130,000 a year in revenue to sustain maintenance activity. Option 4: Continue Maintenance by Public Works with No Additional Revenue Stream. This option would result in reduction of services in Parks and Streets. It would still be recommended that the downtown maintenance be contracted out to the private sector. Option 5 Seek Community Volunteers. This option includes recruitment and supervision of community volunteers to maintain the downtown. 2007 MAJOR POT ICY ISSUES / SUPPLEMENTAL BUDGET REQUESTS DEPARTMENT: Public Works DIVISION: Parks and Recreation POLICY ISSUE TITLE: Maintenance of the Central Business District $50,000 — Budgeted $100,000 — Non -Budgeted 1. Proposal - The Parks and Recreation Division has provided the maintenance and landscaping for the Central Business District (CBD). Revenues from the parking lot stations provided the support for this work function. However, revenues from this source have been declining for a number of years (see attached chart). With the redevelopment of the downtown, it is important to look at what other options might be available for funding and providing the service to the expanded and upgraded downtown. area. ThP attached merno discusses options for Council consideration. 2. a. Fiscal Impact — $50,000 Budgeted $100,000 Non -Budgeted b. Proposed Funding Source — Five options have been identified for Council consideration (see attached memorandum.) c. Public Impact - Maintaining the beauty and aesthetics of the downtown is vital to the public and community. d. Personnel Impact -- N/ A e. Required Changes in City Regulations or Policies -- N/A i^ t _ _2 Ti- .L* 90 1 9 1\17 A f. Legal Constraints, if applicable — A j. Viable Alternatives -- To continue to have the Parks Division maintain the downtown without additional revenue. 3. Conclusion and/or Staff Recommendation -- To have Council, recommend an option to create a continued revenue source for maintaining the downtown. Downtown Landsk Policy Issue Maintenance of the Central Business District and Expanded Area to include 9th Street to 10th Avenue—Lincoln to Walnut Public Works provides daily/weekly services to the Central Business District (16 Block area). The following chart shows current tasks being performed by City crews. With the expansion and redevelopment of the downtown, additional tasks will be necessary beginning in 2007. They are shown on the following chart: Parks Division Additional Refuse Division Additional Street & Traffic Operations Division (16th Avenue, 18th Street Lincoln and Spruce) Additional Transit Division New Features: Current Tasks Current Tasks Current Tasks • Current Tasks • Litter Control • Garbage Containers at no cost • Empty Refuse Containers • Regular Bus Route • Graffiti Removal • Clean -Up -Illegal Dumping • Blowing, Sweeping Litter • Benches and Shelters • Snow Removal in Parking Lots in Downtown and Alleys • DOC Crew (occasionally) and ADA ramps on sidewalks • Special Event Support • Christmas Decorations • Landscaping including: • New Signs Irrigation • Street Sweeping Planting • Street Snow Removal Weeding • Pick up Snow when required Pruning • Special Event Support • Special Event Support • Parade Traffic Control • Sweeping Lots • US Flags With the expansion and redevelopment of the downtown, additional tasks will be necessary beginning in 2007. They are shown on the following chart: Downtown Landscaping Policy.doc Additional Additional Additional Additional New Features: New Features New Features New Features • Drinking fountains • Lights --Trees • Additional Benches • Hanging Baskets • Banners • Planters Downtown Landscaping Policy.doc Central Business District Maintenance Budgeted Costs Versus Budgeted Revenues $70,000 11)---____ �__--4s-- ,�---- . ,�- ,,��� -�' `� '-- - $50,0C)0 0. -.-+- . ` /, \IlI ' ' =r $40,000 \ ,R. •` -rt $30,000 $20,0C)0 -1, $10,000 ia... $0 2001 2002 2003 2004 2005 2006 2007 Maintenance Cost $63.,074 $59,459 $6:2,640 $57,813 $51,905 $48,911 $50,000 - • --l- Revenue $50.,000 $36,000 $62,700 $45,000 $7,298 $2,500 $2,500 e 400 200 0 400 Feet MI MI Downtown Yakima Futures Initiative Attachment "C" North Front Street Historic District East Yakima Avenue 1 • • CML DIVISION Helen A. Harvey Sofia D. Mabee Jeffrey R Cutter CITY OF YAKIMA - LEGAL DEPARTMENT 200 S. 3rd St., Yakima, WA 98901-2830 Raymond L. Paolella, City Attorney Phone: (509) 575-6030 FAX: (509) 575-6160 CRIMINAL DIVISION Cynthia Martinez Mary B. Smith Bronson Faul Lacy W. Heinz Phone: (509) 575-6033 • TO: FROM: DATE: SUBJECT: MEMORANDUM Chris Waarvick, Bill Cook, Denise Nichols, Michael Morales Jeff Cutter, Sr. Assistant City Attorney September 26, 2006 Downtown Maintenance Policy Issue - I was asked to research whether or not a Parking and Business Improvement Area (PBIA) could be utilized for the purpose of maintaining and operating the downtown area, particularly with regard to .the areas of recent significant improvements. In conjunction with that request, I was also asked to determine on what basis PBIA's can be apportioned. The following information is provided as a response to those questions. The short answers to the two primary questions are (1) YES, a PBIA may be formed for the purpose of providing maintenance and operational support, and (2) that PBIA's may be based upon numerous factors, including but not limited to B&O taxes imposed, square footage of the business, number of employees in the business, gross sales or any other reasonable factor relating to the benefit received from the assessment. The statutory support for these answers is summarized below. RCW 35.87A.070 sets forth the law as it relates to PBIA's. RCW 35.87A.010 (1) identifies the specific purposes for which a PBIA may be formed, as well as what is required to support such formation. The cited provision states that all incorporated cities are authorized: To establish, after a petition submitted by the operators responsible for sixty percent of the assessments by businesses and multifamily residential or mixed-use projects within the area, parking and business improvement areas, hereinafter referred to as area or areas, for the following purposes. (f) [p]roviding maintenance and security for common, public areas; Chapter 35.87A further describes the specific process by which a PBIA may be formed, from the initiation of the process by resolution or'petition to a subsequent resolution of intent to establish the area that states the time and place of a public hearing on the issue and ultimately to the presentation of an ordinance authorizing the proposed PBIA. • • West Yakima Avenue East Yakima Avenue North Front 2 sides of the street @ 1,400 feet each =2,800 feet 2 sides of the street @ 800 feet each = 1,600 feet 2 sides of North Front Street @ 250 feet each = 500 feet 1 side of Yakima Avenue @ 200 feet = 200 feet TOTAL 5,100 feet Parking and Business Improvement District 1 side of MLK Blvd. @ 800 feet = 800 feet 2 sides of A Street @ 800 feet = 1,600 feet 2 sides of Yakima Avenue @ 800 feet = 1,600 feet 2 sides of Chestnut @ 800 feet = 1,600 feet 1 side of 1st Street @ 1000 feet = 1,000 feet 2 sides of 2nd Street @ 1,000 feet = 2,000 feet 2 sides of 3rd Street @ 1,000 feet = 2,000 feet 2 sides of 4th Street @ 700 feet = 1,400 feet 1 side of Naches Avenue @ 1,000 feet = 1,000 feet TOTAL 13,000 feet + four public parking lots • • DEPARTMENT OF PUBLIC WORKS PARKS & RECREATION DIVISION 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6020 • Fax (509) 575-6238 January 24, 2007 "THE BENEFITS ARE ENDLESS" To: Jamie Stickle, Yakima Downtown Association Craig Rath, Committee for Downtown Yakima Attachment "D" The Parks and Recreation Commissioners join the community in celebrating the Downtown Yakima Futures Initiative improvements that have occurred on Yakima Avenue. The new street lights, sidewalk paving, planters and other amenities are beautiful and have transformed our main street into an attractive thoroughfare. We are eager to see what happens next. Our pleasure, however, is somewhat tempered by deep concern for the upkeep and maintenance of the new landscaping. The new plantings will be more extensive when completed than we had originally imagined and while, like you and others, we want downtown to be as beautiful as possible, we are apprehensive about how that will be ensured. In the past Parks and Recreation has been responsible for the 16 blocks in the downtown core. The Futures Initiative, however, adds 129 new trees, 113 planters and 164 hanging baskets along Yakima Avenue from Ninth Street on the east to the railroad tracks on the west. It is clear maintenance, will be intensive and expensive. The city's 2007 budget estimates this will cost $150,000 for just the first year. Parks and Recreation's 2007 budget includes $50,000 for maintenance of the Central Business District and a suggestion to use this money for contracting out this function. However, two thirds of the estimated upkeep costs remain unfunded and spring is just around the corner. , Adding to our concern is our commitment and resolve to protect, maintain and operate our city's parks and recreational .facilities according to the standards to which. Yakima has become accustomed. Our fear is that without establishment of adequate funding for the downtown area, Parks and Recreation may be pressed for more than the budgeted $50,000 — either in dollars or in manpower, neither of which is in abundance. To provide any additional services or resources for the central business district, Parks and Recreation would be forced to divert workers or dollars from the more than 300 acres of currently maintained parkland and facilities thus eroding the fitness of the system of parks that serve the community. Our purpose in writing this letter is to ask that you move the issue of maintaining the improvements on Yakima Avenue and in the downtown core to the top of your agenda. We FOR COUNCIL INFO ONLY Yakima ES DATE 11111, Athletics 575-6020 • Aquatics 575-6046 • Community Enrichment 75. 020 • FishereGolf 75r60575 075 •Park Maintenance 575-6020 •Senior Citizen Center1994 urgeyou to work with the Cityof Yakima to determine an adequate fundingsource for this g q newly improved community asset. As advocates for and guardians of Yakima's parks, we cannot understate the importance of your moving forward on this issue in a timely fashion so that resources will be in place in time for the early spring work that will need to begin in a few short months. Again, it is gratifying and exciting to see the progress that is underway and, like you, and the rest of the community, we look forward to seeing what is yet to come — especially the beautiful and colorful landscaping that will line Yakima Avenue beginning this summer. Yours truly, Robert J. Busse Chairman, Yakima Parks and Recreation Commission c: Yakima City Council Dick Zais, City Manager For a Better Tomorrow • • Committee for Downtown Yakima PBIA Analysis & Recommendations Summary of Presentation to Council Committee DOWNTO ;=?1� .�TAISSANCE February 27, 2007 URBAN PLACE Co-ria•utting-Group Irc. “3” ;IIaWZjale;lii PBIA Expansion Analysis Understanding The Need • Needs - a consistent approach to: — Yakima Avenue Streetscape Maintenance —Overall Downtown Maintenance — Downtown Security — Parking Lot Maintenance & Security — Downtown Beautification Projects • Need to Create Downtown Yakima Clean and Safe Team • Need for Consistent Downtown Funding • • • PBIA Expansion Analysis Current Situation • Current 2006 PBIA Total Assessment Revenue Projected to be $32,840 —Assessment rates unchanged since 1974 • Three Issues to Address Changeinassessment rates — Change in PBIA boundary — PBIA Sunsets in 2008 Rules Governing Change • Changes in Rates RCW 35.87A.140 _ "Changes may be made in the rate or additional rate of special assessment as specified in the ordinance establishing the area, by ordinance adopted after a hearing before the legislative authority." • Changes in Boundary RCW 35.87A.075 — "The legislative authority may modify the boundaries of a PBIA by ordinance, adopted after a hearing before the legislative authority. A modification may not affect an area with a projected assessment fee greater than 10% of the current assessment role." PBIA Expansion Analysis —Area C • Area 'C' Summary: — Project Assessment Revenues = $3,252 —Current Employment = 301 PBIA Recommendations • Approve Expansion Area C for Increased.. Assessments of $3,252 Annually,_ — Proposed Area C Expansion Below Legislative 10% Threshold of $3,284 • Increase assessment rates 100% — New annual- PBIA assessment = $72,184 • Contract with Committee for Downtown Yakima to administer operation of area. • Formal renewal and further expansion of PBIA in 2008. Add areas A, B, D, E Recommendations Continued • Contracts to administer operation of PBIA area RCW 35.87A.110 — "The legislative authority may contract with a chamber of commerce or other similar business association operating primarily within the boundaries of the legislative authority to administer the operation of a parking and business improvement area, including any funds derived pursuant thereto" • • • Recommendations Continued • Funding Downtown Clean & Safe Efforts - PBIA (by contract to CDY) $ 70,000 - Parks Dept Budget (to CDY) $ 50,000 - CDY Budget Programs $ 50,000 - CDY Budget Management $ 23,000 Total $193,000 • Managing Downtown Clean & Safe Efforts - Committee For Downtown Yakima (CDY) Vision For CDY Downtown Leadership & Management Organization Grants City/Federal/State PBIA Assessments Funding Sources Parking Management • Meeting Minutes For Downtown Yakima Futures Initiative Committee of the City Council January 24, 2007 Council Committee Members Present: Bill Lover, Chairman Norm Johnson Ron Bonlender Attachment "F" After a brief Economic Development Committee Meeting, the DYFI business agenda began. Chris Waarvick briefly discussed the status of Phase 1 of the project and Bob Degrosellier discussed the status of Phase 2 Design and Critical Path scheduling. The Council Committee requested that strain poles be incorporated into the design for banners across Yakima Avenue at 7th Avenue. The next order of business was reviewing with Council the Committee for . Downtown Yakima's (CDY) parking management proposal. No action or recommendation was taken at that time. The next item of discussion was CDY's maintenance proposal for the downtown area. Council committee members requested that this maintenance issue be brought forward to the full Council at a subsequent study session. •ouncil members discussed the importance of business and property owners being contacted and informed about the parking and maintenance proposals. (�ll,�auu P4Sf3Jcaz Bill Lover, air DYFI Committee of Council 35.84:060 'CITIES 'AND TU W na y acgnire;' construct; extend,' -own,, or operate''sucb':iirban public transp �. Lion system to any: point or pointsnot to;exceed iif�en,.miles,;ot}t'si{let:Ai corporate limits: PROVIDED, That no municipal: corporationshall,extend urban public transportation system beyond' its corporate limits to operate in any : territory already served :by a : privately operated . , autos ; transportation company holding a certificate of,pubhc convenience „and necessrty.from:the utilities and i:ransportation'eornmissio'n. ' ' As a condition of receiving state. funding, the municipal corporation shall submit. a maintenance management plan for certificationliy the transportation commission or its successor entity: The. plan ,must inventory all transportation system assets within the direction' and`control`of.the' municipality, and provide a preservation plan based on. lowest;life-cycle"coatxnetliodologies?a [2003 c 363 § 302, eff. July 27, 2003;" 1969 exs ;c 281 §.;.26i;.1965:c 7 §: 35:84:06.0: Prior: 1919.c138§ 1; 1917 c9§ 1;RRS§ 9213.] •'- city _, appoints .a, parking.;49nlndiasion., • ..tion} 4enied4.0 o. ' IiEt1N. ;v.• City of Spokane, (1997) 183.. 625 U:S 8124 142, ash.2d 455, 947 Ptd 1169-, reconsidera •Corporations *: C :ER 35:86 OFF-SSTREET' PARKING PARI INC COMM S 35.86A.07(1` : Powera'an I authority of parking'coni Research References: Treatises and Practice:Aids 17 Wash: Frac: Series §: .9.4, Local Gov- , ernmental Entities. Historical and:StatutoryNotey _Finding—Intent-2003 c 363:.: ,f 'The-n•immortance''of safe, reliable roadways to legislature . finds that . roads, streets; the motoring. public, ;the legislature in- bridges, and highways in the .state:rep* ;,14ends,to create stronger accountability to sent public assets worth Over One 'hundred "ensure that cost-effective maintenance and. billion dollars. These investments require preservation is provided for these trans port regular maintenance and preeervation;'.or: ation facilities.."` [2003-: c 363 '§ 301.] rehabilitation, to provide cost-effective Part headings not' law—Sevgrabiti- transportation services. Many of these fa " 2003 c' 363: See notes: following ROW cilities : are in poor condition. Given the ` ty magnitude of public investment and the 47.28.241. CHAPTER 35:86 OFF-STREET PARKING FACILITIES 35.86.030. Acquisition and disposition, of real property Research References 35.86A.120. Operation- of 'parking facilities --Bid' ':requireiueri and procedure Notes of Decisions' with., provision.,that, allgws• creation.of'a City was not required to create,.a park- ing commission as .a prerequisite to own-. ing garage that would 'notserve park or.. civiccenter facilities, asunder statute .cit- ies are authorized: to own "other off-street parking facilities"; provision that such fa- cilities must be operated in accordance'. 1. In general Treatises and Practice Aids 17 Wash. Prac. Series, § 9.4, Local Gov- ernmental Entities. 35.86.050. Procedure to establish -Plan, surveys, hearings, Notes-. of Decisions 1. In general • to•city's•,Comprehensive. plan.; • CLEAN v. Off-street parking -statute requiring. de- • , City of, -Spokane (1997), 133:Wa91�:2d;•4,46, velopment of , comprehensive plans does • 947 P.2d 1169, reconsideration denied, cer- not discuss the level of,specifieity required tiorai'i denied • 119 S.Ct.',45, 525•!U.S: of a comprehensive plan. CLEAN V. City 142 L.Ed2d 35.. Automobiles 12 of Spokane (1997) 133 Wash.2d.;455; 947 '.: :.City.was not required create a park- P.2d 1169, reconsideration. denied; certio=' Ing commission -as a prerequisite' to bwn- rari denied 119 S.Ct. 45; 525. U.S. 812;142 • • ing garage that would not serve, p;irk ;or • L.Ed.2d 35. Automobiles x'12 • civic center: facilities, *,under statute,eit Off-street:parking-statute requirement. :ies a reauthorized:to own,'`other:off-street .. of comprehensive plan was satisfied; given 'parking —facilities";; provision :that. such ..fa - case law.' defining "comprehensive . plan; . : -cilities.,, most; be open. at 4,0n, Pxclapc@; where. city held' hearings • and commie- . with •provision. that allows creation ole a: sioned, studies for: -parking ramp, pr41ect :lparkingcommission does that,tl►at` and established that the facility conformed' •such'a'facility can be aequired'only'after'W. parking commission doey'that i egjuire`tkiat. such a facility can be acquired Only, city aPpomts ...4...parking c0410s;. n CLEAN • v. City of SP.Dkane (19971 188 Wash 2d..455, 947; P.2d 1169;; reeonsidera;'r n d tioenied, certiorari denied 119, S.Ct;'45; -; 526 U.S. 812, 142 L'.Ed2d:' 5::,. MuniGipal:'c, Corporations ea 223 CHAPTER 35:i37A- PARKING AND BUSINESS`- IMPROVEMENT ,AR Section 35.87A.010::. Authorized -Purposes;- . Special .assessments., 35.87A.O1Q. , •Authorized--Ptwposes—Special assessments, .; To aid, general economic development and neighborhood revitalization; .arid to facilitate the cooperation of merchants, 'businesses, and residential property owners' which assists, trade, economic viability,; and liveability, .the legislature hereby authorizes: all counties and all incorporated cities and towns,'-incliiding unclassified cities and towns' operating under special charters: • (1):.To establish, after:a Petition submitted by the. operators responsible; for sixty percept of the, assessments: by, businesses .and multifamily-residential.-ar rniiced-use..projects,within, the area,°. parking :.and businessimprovement; areas,. lgreafter, referred 0. 40 area or aras,for, the following. purposes:. .::.: : (a) The acquisition, construction nor maintenance of parking -facilities for the benefit' of the area, );;Decoration of'any public.pl'ace:in ttie:area; ; ' Sponsorship; or promotion. of nubile- events which areto ,.take; place; on or: ublie.places iii the area, 3) :Furnishing of music in any public place in the area; 35;61AX.Iffl. • (e)', Providing'professionat: management; promotion .fer.the, area,. inCludingthe, nianagernerit and promolion of retail trade activities inthe area.; • . • , • ;!, (f). Providing maintenance::and security:for common; public- areaa;. or • .. • (g) ProvidingLtransportation'seriipeS.fer the benefit' ef..the' area (2) T9;leyY:speelat, assassinenta. on • .4 )41416E44 and ninItiftimilYresidential or mixed-use projects within the area and specially benefited by a Parking and,: business improvement area to pay in whole or impart :the: dainages�r„ costarncurred : therein as-provided'in this ChaPter. ' • . • - [2905 c 178 § 1, eff. July 24,,2005;. 2000. c'.201 §1.1i•l993 e.429 § 1, 1985 c 128 §, 1981. c . 279 1; 1971 4.S. e45 § 1.] • • . , . . , ., • .„ Law Reiievir. and Journal Commentaries Taxes .vs. fees: a..curious:. Confusion.. .• - flugi. D.Spitzer, 33...Ganz.4.ftey,-335,: , . (2002/03); . '• . , Note 1 wAYentsk Irnalsing,: applications for, or . the , approval -.Pt' any; new dY019*tient-- the beuefit area for, a:period, Of ,sbonoriths, or more.. . ..:',11p94 the extension of the rehnhursemerit period PurFPanttCE:(0 of tlus the otract mut Specify t4o, di.iritioo of. the eeritT4CtqeNtensian 4::riiipt: be hlerri, and recorded with the ,county :audito. Propty owners Who obligatiOna undersubsection (1 of this be)i6060 br the contracting :municipality: of the e*nafen ;ftled subsection .„ : • • (3) paeh -contract shall mclude, a proyisieri requiring that every tvigr: years from the date the contract is, executed aproperty owner entitled to relinburSeT, . 'reek under this aectiort. Provide- the contracting municipality withinfOatitni: regarding the current contract name, addressi: and telephone nuinber„Of the person;-,company, partnership: that, origmally entered -inte:the.contraet.,; If the ; property owner ifails to CeinplyWitly the ::‘notification ,requirernerifkg.tlua subsection : within sixty,days 'of the specifled time, then•,,the ,Centraeti4g• , municipality may collect any reimbursement-funda oWed,th the propertyowner under the contraet. Such funds must be deposited in. the ,capital fiimk,ef, the: CHAPTER 35.91 _ • MUNICIPAL WATER AND SEWER. FACILITIES ACT 85 91 020 Contracts with owners of real estate ' for water or sewer facilities-=ReimbOrsenaent: of costs • by ;. subsequent users—contract require-, ments. • 35.91.040. Contract payment tO::he made prior, te tap, con/lee:4On,, or use-Renioval. ottap or con nection: 35.91.020. Contracts with owners of rcsl:estate fotwatcr or sewer ' - 1 facilities-Reirnbursenient Of, costs by su!iSeiment. users—Contract requirements • (1) Except as: provided, tinder subsection (2) 'of-thia section; the', goiferriing bodY of any city, ' town, county, , water -sewer: district, or:''Orainage:rdistrict, hereinafter referred to as a t`rnimicipalit3r" may Contract with owners of real estate for the construction of storm, sanitary, or Combination. sewersk 01,1114P1igl stations, and disposal plants, water niiiinS,:hYdrantireServoirsi.bi appurte- nances, ,hereinafter called, 'water or . sewerlaCilitieSi" within their boundaries or' (except for counties) within: ten miles from their corporate, limita connecting, With the -public water or sewerage system to serve the area in.Whichf the real ' estate of such owners is kidded, and to provide for,ii'periOd: 0 Otto exceedr: fifteen years for the'. reimbursement of mai owners and their aaaig*bs, ,Egiy. ovhierof real 'estate' Who .did not contribilt,e. to the 'original 'coat'of auch iWater or sewer facilitlea.aridsWho subsequently tai5:onte or 'use -the amile.'Ofa•fair'l#W, rata - share of the' cost of , the construction of lead' Water : ei'lieii0.-faCilltieST including not only thoaedirectly connected theretO; 44 iiIiii iiseis eonrieeied: a: laterals or branches .connecting thereto,subject tel-auch reasonable rifles:and regulations as the governing body ' of suchmunicipality; inaSn'ProVide or contract; and notwithstanding the provisions of anY9ther law: 2)(a) " The, contract may Provide.' for an Octensiet(Of tha...fifteen,year re ement period for a :time not to , exceed the duratien'ef any inorateri sing ordinance, concurrency designation; or othergWerruriental.action (4) ,To the extent it may require in the performance of such .contract, 'such mitniciPality may: install Said water or 'pewer:facilities in. and along:the::cowity streets in the area- to be served as 'hereinabove provided, subject such reasonable requirements as to the: manner ofoccupancy of such streets.asthe. county may by resolution provide: The Provisions of such contract-shalf net beeffective as to any owner of .real estate; net. a party thereto unless such • contract has been recorded in the office of thecounty auditor of the county in which the real estate ,of Such,nWrier is locatecLprier .to the time such owner taps into or connects to said water Or sewer facilitieS.2• - [2006 c 88 § 2, eff. June 7,2006; 1999c § 38; 1981 c 313 § 11; 1967'c.113 §,1;,1965e. . • 35,91,(Y207,. prior1959:c 261. § 2.] „ . . ''; • • • • . • Research References :''• • :• Atict4Otii6v, ' 48 ALR 2nd 1224 Itight to Compel ;Municipality to Extend Its Water: ,system. . • 169 ALR 576, Establishment or Elden- eion of 'Sewer a& Public Useon -,'Piirpose for Which TOwer 'ofEininent • Domain May be Exerclied:-. 98 ALR 1()01, Power of Municipal Cor- poration to Extenii Its Service Be- yond Corporate Lbnits. 90 ALR 846; What Employees Are En- gaged in Interstate Commerce Within -Federal Employers' Liabihty Act • • Nej�fD 1: ,intt ..);e' era.' ' -•'-.Exifiuni- Water, -service' -Contracts' be- tween landownereand city. applied solely to enumeratedlots, and thus city had not • . thereby, .--expressly contracted to, ],supply, water ..to:landoWners' additional out -of-. teviii Kettle'Filli;(2004)120-,Wash:App7498, 84 P.3d 1241, .review -4enied • '152 •Wash.2d., . • ,1025 101 P.3d''.421:.':'Witerst.'And'Wtiter • •."PotirSe..2.01:•, . .Intheabsence of contraet,,, elrPress or COM-. phi1ed..to' supply -water' Or 'Sewer services • outside-. its corporate limits.Harberd v.' ecisions • . • City • of -Kettle Falls: (2004) • 120' Wasli.App. 498, '• 1241; reVieW:cdenied-;152. Wash.2d, 1025, 101 ..P.3t1 421.. Municipal Corporations' (s:m '712(4); Waters And Wa- ter Courses ev= 201 • Thepower of a 'municipality:..tosupply. water ..beyond corporate.limits is, pern- swe supply being g Matter of -eon- tract, het-Wee/1' the nitiraCipality!and ,Prop- eTty:9ymersi:.„.ffarbOixr.*.,.City of Kettle Falls ''(2004):::.1.30 witoi:',-498.,44 P 3d 1241;.rOievi.deided 152 gpt: 101 P.3d 421 WatersAnd Wa € 201 - • • orized purposes 1 1. Authorized purposes Notes of Decisions . basis for various advertising.ar tenance services . designed 444 &aa them, did not exceed authority*fit to city to. make local. improv special assessment. City of. Seal, Rogers Clothing for Men, Inc.(�l 114 Wash.2d 213, 787 P.2d 39:- ipal Corporations ' 412 Ordinance establishing special assess- ment area within 'city, and assessing businesses within area on square -foot 35.87A.020. Definitions Unless the context clearly requires otherwise, the definjtt this section apply throughout this chapter. (1) "Business" means all types of business, includin ; sions. (2) "Legislative authority" means the legislative authoril city or town including unclassified cities or towns operatinj special charters or the legislative authority of any county. (3) "Multifamily residential or mixed-use project" mean building or buildings containing four or more residential units combination of residential arid commercial units, whether4i0 the entire property is held in single or undivided ownershipi0 to individual units is held by owners who also, directly or in ly through an association, own real property in common: other unit owners. • (4) "Residential operator" means the owner or opera multifamily residential or mixed-use project if title is held'i or undivided ownership, or, if title is held in a form of ,e ii interest ownership, the association of unit owners, condo association, homeowners' association, property owners';; tion, or residential cooperative corporation. [1993 c 429 § 2; 1971 ex.s. c 45 § 2.] 2) The proposed uses and projects to which the sed yS: ficial assessment revenues shall be put and the total ted st thereof; 3) The 'estimated rate of levy of special assessment with a posed breakdown by class of business and multifamily residen- t ;or mixed-use project if such classification is to be used. he initiating petition shall also contain the signatures of the ons who operate businesses and residential operators in the gposed area which would pay fifty percent of the proposed ficial assessments. 93 c 429 § 3; 1971 ex.s. c 45 § 3.] Library References e.ounties X55. C.J.S. Counties §§ 87 to 91. Municipal Corporations 0=108.2, 292. C.J.S. Municipal Corporations §§ 316 estlaw Topic Nos. 104, 268. to 318, 973. .87A.040. Resolution of intention to establish—Contents— Hearing he legislative authority, after receiving a valid initiation peti- If : or after passage of an initiation resolution, shall adopt a solution of intention to establish an area. The resolution shall e° thetime and place of a hearing to be held by the legislative ority to consider establishment of an area and shall restate all information contained in the initiation petition or initiation Solution regarding boundaries, projects and uses, and estimated es of assessment. 71 ex.s. c 45 § 4.] 35.87A.030. Initiation petition or resolution—Contents; For the purpose of establishing a parking andbusiness; ment area, an initiation petition may be presented to the:=1, authority having jurisdiction of the area in which the''' parking and business improvement area is to be 1ocat legislativeauthority may by resolution initiate a parkin business improvement area. The initiation petition o r r4si shall contain the following: • ra (1) A description of the boundaries of the proposed area; 522 Library References unicipal Corporations X300. estlaw Topic No. 268. J.S. Municipal Corporations § 991. 87A.050. Notice of hearing .otice of a hearing held .under the provisions of this chapter 11'13e given by: One publication of the resolution of intention in a newspaper 9rieral circulation in the city; and Mailing a completecopy of the resolution of intention to h..business and multifamily residential or mixed-use project in ?proposed, or established, area. Publication and mailing shall keompleted at least ten days prior to the time of the hearing. 3 'c 429 § 4; 1971 ex.s. c 45 § 5.] 523 Library References Municipal Corporations X294. Westlaw Topic No. 268. C.J.S. Municipal Corporations § 979. 35.87A.060. Hearings Whenever a hearing is held under this chapter, the .' 1 authority shall hear all protests and receive evidence fried the proposed action. The legislative authority may coli; hearing from time to time. Proceedings shall terminate if: made by businesses and residential operators in the propos which would pay a majority of the proposed special assess [1993 c 429 § 5; 1971 ex.s. c 45 § 6.] nit", El 1J aartu .7.7 11W1 1%v ra:.ira.:i'a taa...rao ✓.,. J a ra.vvv `nts for the new area shall be established pursuant to RCW 8:7A.080 and 35.87A.090 and any other applicable provision of "chapter. The legislative authority. shall adopt a resolution of intention odify the boundaries of an area at least fifteen days prior to earing required. in subsection (1) of this' section. The resolu, Shall specify the proposed modification and shall give the time place of the hearing: Notice of the hearing shall be made in *dance with RCW 35.87A.050. 2c69§'1.] Library References Municipal Corporations t=.298. Westlaw Topic No. 268. C.J.S. Municipal Corporations § 989. 35.87A.070. Change of boundaries Library References sz, unicipal Corporations c.=+450(4). C.J.S. Municipal. Corporations estlaw Topic No. 268. §§ 1208 to 1214. .`87A.080. Special assessments—Legislative authority may make reasonable classifications—Assessments for separate purposes r purposes of the special assessments to beimposed pursuant this, chapter, the legislative authority may make a reasonable ssification of businesses and multifamily residential or mixed- iprojects, giving consideration to various factors such as busi- s: and occupation taxes imposed, square footage of the business, amber of employees, gross sales, or any other reasonable factor ting. to the benefit received, including the degree of benefit eived from parking. Whenever it is proposed that a parking and iness improvement area provide more than one of the purposes ed:in RCW 35.87A.010, special assessments may be imposed in antler that measures benefit from each of the separate pur- er, or any combination of the separate purposes. Special as- sments shall be imposed and collected annually, or on another is:.' specified in the ordinance establishing the parking and siness improvement area. c 429 § 6; 1985 c 128 § 2; 1981 c 279 § 2; 1971 ex.s. c 45 § 8.] If the legislative authority decides to change the boun the proposed area, the hearing shall be continued to a time fifteen days after such decision and notice shall be',.! g prescribed in RCW 35.87A.050, showing the boundary!! ments, but no resolution of intention is required. [1971 ex.s. c 45 § 7.] Library References Municipal Corporations 0298. Westlaw Topic No. 268. C.J.S. Municipal Corporations § 989. 35.87A.075. Modification of boundaries (1) The legislative authority may modify the bound* parking and business improvement area by ordinance,°.; after a hearing before the legislative authority. The' le authority may modify an area either by expanding orredi " existing boundaries. If the modification to the bound*, expand existing boundaries, the expansion area must be,', to an existing boundary. A modification to an existing)h'` may occur no more than once per year and may not affect with a projected assessment fee greater than ten percet current assessment role for the existing area. If the mode of an area results in the boundary being expanded, thee, 524 Historical and Statutory Notes ws`' 1981, ch. 279'; § 2, near the end e;.current first sentence, inserted as business and occupation taxes $ied, square footage of business, ber of employees, gross sales, or • any other reasonable factor relating to the benefit received"; and, at the end of the first sentence, delete "only". Laws 1985, ch. 128, § 2, added the second and third sentences. 525 r Library References unicipal Corporations X436. Westlaw Topic No. 268. C.J.S. Municipal Cork., §§ 1215, 1216, 1218, 1223. 1�lV, 1:0VJ11Nll:04.7 illi AAA./ Wa.a•1L1ao.. ... .. az. .. 5) The initial or additional rate or levy of special asses to Ainposed with a breakdown by classification of busi nd ifamily residential or mixed-use project, if such classi cation psed; and 6) A statement that a parking and business improvement area been established. 7): The uses to which the special assessment revenue shall be t Uses shall conform to the uses as declared in the initiation 'Von presented pursuant to RCW 35.87A.030. 43 c 429 § 8; 1971 ex.s. c 45 § 10.] 35.87A.090. Special assessments—Same basis or rate classes not required—Factors as to .parkin; cilities The special assessments need not be imposed on different:,cja of business and multifamily residential or mixed-use proje determined pursuant to RCW 35.87A.080, on the same basis.: same rate. The special assessments imposed for the purposed acquisition, construction or maintenance of parking facilities the benefit of the area shall be imposed on the basis of be determined by the legislative authority after giving consider_, to the total cost to be recovered from the businesses and muftifa ily residential or mixed-use projects upon which the special. ‘ ment is to be imposed, the total area within the boundaries.; " parking and business improvement area,. the assessed value `o1 land and improvements within the area, the total business vo' generated within the area and within each business, arid{ other factors as the legislative authority may find and deterri be a reasonable measure of such benefit. [1993 c 429 § 7; 1971 ex.s. c 45 § 9.] , Library References Municipal Corporations.456, 457. C.J:S. Municipal Corp Westlaw Topic No. 268. §§ 1250, 1253, 1255, 1256:':- 35.87A.100. 256.' •- 35.87A.100. Ordinance to establish—Adoption—Conten If the legislative authority, following the hearing, deci:, establish the proposed area, it shall adopt an ordinance Xi effect. This ordinance shall contain the following infora (1) The number, date. and titleof the resolution of in pursuant to which it was adopted; (2) The time and place the hearing was held concern; formation of such area; (3) The description of the boundaries of such area; (4) A statement that the: businesses and multifamily .resi„ or mixed-use projects in the area established by the ord} pi,::: shall be subject to the provisions of the'special assessments;;, rized by RCW 35.87A.010; 526 Library References MunicipalCorporations e=303(1). • estlaw Topic No. 268. .J.S. Municipal Corporations § 992. 87A.110. Use of revenue—Contracts to administer opera- tion of area he legislative authority of each city or town or county 'shall ave sole discretion as to how the revenue derived from the special essments is to be used within the scope of the purposes; Wever, the legislative authority may appoint existing advisory rds, or commissions to make recommendations as to its use, or legislative authority may create a new advisory board or ission for the purpose.. he legislative authority ' may contract with a chamber of com- i'ce'or othersimilarbusiness association operating primarily }thin the boundaries of the legislative authority to administer the ration of a parking and business improvement area, including `funds. derived pursuant thereto: PROVIDED, That such admin - anon must comply with all applicable provisions of law includ= LL;this chapter, with all county, city, or town resolutions_ and finances, and with all. regulations lawfully imposed by the state ditor or other state agencies. 71 ex.s. c 45 § 11.] Library References unicipal Corporations x521. estlaw Topic No. 268. 527 C.J.S.. Municipal Corporations §§ 1396, 1404. ✓✓.V /l1. 1Jot ILA (L.111L' 0 MAW" 35.87A.120. Use of assessment proceeds restricted The special assessments levied hereunder must be fa poses specified in the ordinances and the proceeds .,s1 used for any other purpose. [197.1 ex.s. c 45 § 12.] efit zones based upon the degree of benefit derived from the ose and may impose a different rate of special assessment each such benefit zone. ex.s. c 45 § 15.] Library References Municipal Corporations X521. C.J.S. Municipal Westlaw Topic No. 268. §§ 1396, 1404. 35.87A.130. Collection of assessments Collections of assessments imposed pursuant to this; shall be made atthe same time and in the same .ma otherwise prescribed by Title 35 RCW or in such other the legislative authority shall determine. [1971 ex.s. c 45 § 13.] Library References unicipal Corporations 43=458, 464. cstlaw Topic No. 268. C.J.S. Municipal Corporations §§ 1255, 1256, 1271 to 1274, 1276, 1277, 1286, 1288. 87A.160. Benefit zones—Establishment, modification and disestablishment of area provisions and proce- dureto be followed 11 provisions of this chapter applicable to establishment. or establishment of an area also apply to the establishment, modi- tion, or disestablishment of benefit zones pursuant to *RCW 7A.150. The establishment or .the modification of any such e shall follow the same procedure as provided for the establish- n'of a parking and business improvement area and the dises- 1ishrnent shall follow the same procedure as provided for dises- ishment of an area. 1ex.s. c 45 § 16.] Library References Municipal Corporations 03.525. C.J.S. Municipal CFS Westlaw Topic No. 268. §§ 1405, 1411, 1415, 1416, 35.87A.140. Changes in assessment rates Changes may be made in the rate or additional rate o assessment as specified in the ordinance establishing the ordinance adopted after a hearing beforethe legislative. U The legislative authority shall adopt a resolution of int change the rate or additional rate of special assessment fifteen days prior to the hearing required by this sectio'' resolution shall specify the proposed change and shal14j' time and place of the hearing; Proceedings to change ,t10 impose an additional rate of special assessments shall terr{ protest is made by businesses or multifamily residential;o use projects in the proposed area which would pay a nnajj the proposed increase or additional special assessments. [1993 c 429 § 9; 1971 ex.s. c 45 § 14.] Historical and Statutory Notes R@viser s note: "RCW 35.87A.150" herein codified as RCW 35.87A.130, been translated from "section 13 of act," as the reference"to section 13, Library References Municipal Corporations x+458. C.J.S. Municipal §§ 1255, 1256. Westlaw Topic No. 268. was apparently erroneous. Library References unicipal Corporations X450. C.J.S. Municipal Corporations estlaw Topic No. 268. §§ 1193 to 1199. 87A.170. Exemption period for new businesses and pro- jects usinesses or multifamily residential or mixed-use projects es - 'fished after the creation of an area within the area may be mpted from the special assessments imposed pursuant to this apter for a period riot exceeding one year 'from the date they nmenced business in the area. X93 c 429 § 10; 1971 ex.s, c 45 § 17.] Corp 35.87A.150. Benefit zones—Authorized—Rates The legislative authority may, for each of the purposes set# RCW 35.87A.010, , establish and modify one or more se 528 529. Library References unicipal Corporations 0465. C.J.S. Municipal .,c,orno Westlaw Topic No. 268. §§ 1271 to 1274, 1276;!,13 1288, 1288, 1289. 1)87A.210. Computing cost of improvement for bid re- ment he cost of the improvement for the purposes of this chapter 1i be aggregate of all amounts to be paid for the labor, materi- "and equipment on one continuous or inter -related project ere work is to be performed simultaneously or yin near . se- exlce. Breaking an improvement into small units for the pur- poses of avoiding the minimum dollar amount prescribed in RCW 87A.200, is contrary to public policy and is prohibited. 71 ex.s. c 45 § 21.] 35.87A.180. Disestablishment of area—Hearing The legislative authority may disestablish an area by or after a hearing before the legislative authority. The ;legis' authority shall adopt a resolution of intention to disestab1i area at least fifteen days prior to the hearing required' b section. The resolution shall give the time and place of the; [1971 ex.s. c 45 § 18.] Library References Municipal Corporations a450. C.J.S. Municipal Corp Westlaw Topic No. 268. §§ 1193 to 1199. 35.87A.190. Disestablishment of area -Assets and llabil " Upon disestablishment of an area, any proceeds of the' assessments, or assets acquired with such proceeds, or liab`i'1` incurred as a result of the formation of such area, shall" bemlii to disposition as the legislative authority shall determine: P1$" ED, HOWEVER, Any liabilities, either current or future, iriei as a result of action taken to accomplish the purposes, _9 35.87A.010 shall not be an obligation of the general fund special fund of the city or town, but such liabilities ,s provided for entirely from "available revenue generated :fr , projects or facilities authorized by RCW 35.87A.010 or fro'. cial assessments on the property specially benefited With i area. [1971 ex.s. c 45 § 19.] Library References unicipal Corporations e=.330. C.J.S. Municipal Corporations estlaw Topic No. 268. § 1030. 87A.22O. Existing laws not affected—Chapter supplemen- tal—Purposes may be accomplished in conjunc- tion with other methods • his chapter providing for parking and business improvement eas shall not be deemed or construed to affect any existing act, any part thereof, relating to special assessments or other pow - of counties, cities and towns, but shall be supplemental thereto a'concurrent therewith. he purposes and functions of parking and business improve- 0,11: areas as set forth by the provisions of this chapter may be complished in part by the establishment of an area pursuant to s • chapter and in part by any other method otherwise provided law, including provisions for local improvements. 71 ex.s. c 45 § 22.] 35.87A.200. Bids required -Monetary amount Any city or town or county authorized by this chapterto' lish a parking improvement area shall call for competitive hi appropriate public notice and award contracts, wheneve'; estimated cost of such work or improvement, includin ,.•`r. P g • ec materials, supplies and equipment, exceeds the sum of two sand five hundred dollars. [1971 ex.s. c 45 § 20.] Library References :87A.900. Severability -1971 ex.s. c 45 any provision of this act, or its application to any person or cumstance is held invalid, the remainder of 'the act, or the plication of the provisions to other persons or circumstances is `affected. t,,. 971 ex.s. c 45 § 23.] Municipal Corporations X330. C.J.S. Municipal Corpora Westlaw Topic No. 268. § 1030. 530 531 • • 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 -1-6,-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") thatit 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 (I ) comm dev pima hearmg reset 402pm 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 6 and over Service 10.00 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 Ilk) comm dev pbu hearms met 4-01pm • • • • 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. ATTEST: S/Karen S. Roberts City Clerk Mailed: April 19, 2002 (Ik) comm dev pbia hearing reset 402pm S/ Mary Place Mary Place, Mayor City of Yakima YDA PBIA Area EXHIBIT A t`�p�N P�FJw " 7i 1. • II• .... 11 �5 � 'taxied 11 •• Har 11 to• Court e i CaN l �N ' 11 11 '' ♦ Nas5. RQ 11 *-ii.,. LibreN 119 Jail i Belt yaklnje Mall ♦ N �♦ ,stn ♦ psoin9 ua, G hin°°14 * tower11 11010♦ 11CapitO1 Le 9 n �; The parking P e in9 MA ,wes" Bl d FeOus , r ♦ perking V Transit " „clnS �ESSN�S S1°1.. T�E�ter N o ♦ 9 0 • • • ♦ 1 loaf " 11 1 • • igi I▪ P▪ . ♦ 0 So e U� SSP6C1 NI • • . • en Scale —lin = 400ft 0 :00 400 City of Yakima, Washington March 28, 2002 • 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; • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 19 For Meeting of: March 6, 2007 (A) Consideration of a Resolution declaring Council's intent to increase the Yakima Downtown Parking Benefit Improvement Area (PBIA) and rates; and (B) Set Date for Public Hearing on increase in PBIA area and rates. SUBMITTED BY: Chris Waarvick, Director of Public Works Jeff Cutter, Assistant City Attorney CONTACT PERSON/TELEPHONE: Jeff Cutter, 575-6030 SUMMARY EXPLANATION: Pursuant to Council direction from the February 27, 2007 Study Session regarding Committee for Downtown Yakima's proposal to assume maintenance in the downtown area, staff respectfully requests Council's approval of the attached resolution expressing Council's intent to modify the boundaries and rates of the PBIA. Further, staff respectfully requests City Council set April 3, 2007, as the public hearing date required by the RCW (RCW 35.87A.075). The attached map from the 2/27/07 Study Session identifies the area which the Committee for Downtown Yakima (CDY) has recommended to be included into the current PBIA. It is bounded by East "A" Street, 7th Street, Chestnut Street, and Naches Avenue. And finally, at the Public Hearing, Council will discuss' or hear testimony regarding the increase in the rate for the larger modified area. The rate has been proposed to be increased by 100% and would generate an estimated $72,000. This money in addition to the $50,000 from the Parks Division and an additional $50,000 frorn CDY would generate $150,000 in direct cash capacity for downtown maintenance. Resolution X Ordinance _ Contract _ Other (Specify) 2/27/07 Study Session Packet and Enablin. Resolution No. R-2002-43 Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: 4,4_7, City Manager STAFF RECOMMENDATION: Staff respectfully requests that Council approve the Resolution declaring its intent with respect to the PBIA and set date of Public Hearing on this matter for April 3, 2007. fraBOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-30