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Home My WebLink About2008-040 Disestablish PBIA Area No. 1 [Parking and Business Improvement] ORDINANCE NO 2008 -40 AN ORDINANCE of the City of Yakima, Washington, relating to parking and business improvement areas, disestablishing Parking and Business Improvement Area No 1 in downtown Yakima, and terminating special assessments heretofore collected for certain uses and projects within said parking and business improvement area as provided therein WHEREAS, on July 15, 2008, the City Council of the City of Yakima, Washington ( "City ") adopted Resolution No R- 2008 -114, therein expressing the Council's intent to disestablish Parking and Business Improvement Area No 1 referenced in Ordinance No 2002- 26 (hereafter referred to as "PBIA ") in downtown Yakima in accordance with RCW 35 87A.180, and setting a public hearing date to be held in the City Council Chambers at Yakima City Hall, Yakima, Washington, on August 6, 2008, at 7 00 p m., for consideration of their intent to disestablish said PBIA, and WHEREAS, by said Resolution the City Council indicated its intention to disestablish the identified PBIA in order to comply with the conditions stated in said PBIA that they be terminated after a specific period of years; and WHEREAS, a public hearing concerning the disestablishment of the PBIA was held on August 6, 2008, at 7 p m , Now, Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The City of Yakima, Washington (the "City"), hereby disestablishes Parking and Business Improvement Area No 1, as provided under RCW 35 87A.180, thereby terminating collection of special assessments associated therewith as well as the services provided by said special assessments for properties within the PBIA. Section 2. Upon the effective date of this Ordinance any proceeds collected from the special assessments associated with the disestablished Parking and Business Improvement Area No 1 shall be applied to the provision of special services that may be associated with any new downtown PBIA that may hereafter be formed in accord with Chapter 35 87A RCW Further, any liabilities, either current or future, incurred as a result of action taken to accomplish the purposes set forth in the former PBIA shall not be an obligation of the general fund or any special fund of the City of Yakima, rather, such liabilities shall be provided for entirely from available revenue generated from the projects or facilities previously authorized under the disestablished PBIA or from special assessment on the property specially benefited within the area. Section 3 This ordinance shall become effective thirty days after its passage and publication in accordance with law PASSED BY THE CITY COUNCIL this 6 day of August, 20 8 1 %/ David Edler, ayor ATTEST Ate City Clerk Publication Date August 9, 2008 Effective Date September 8, 2008 1 ORDINANCE NO. 2008- AN ORDINANCE of the City of Yakima, Washington, relating to a Downtown Business Improvement Area, establishing a Downtown Yakima Business Improvement District in the downtown area of the City of Yakima pursuant to Chapter 35 87A RCW, establishing special assessments for certain uses and projects within such Downtown Yakima Business Improvement District, as provided herein; and establishing the time for City Council action to adopt a resolution of intention to disestablish said Downtown Yakima Business Improvement District. WHEREAS, the City Council of the City of Yakima, Washington ( "City"), on July 15, 2008, adopted Resolution No R- 2008 -115 initiating the establishment of the Downtown Yakima Business Improvement District in downtown Yakima, in accordance with RCW 35 87A.030 and RCW 35 87A.040, and the title of Resolution No R- 2008 -115 was "A Resolution of the City Council of the City of Yakima, Washington, initiating the establishment of a Downtown Yakima Business Improvement District for the downtown area of the City and setting the time for a public hearing for August 6, 2008, at 7 00 p.m., for the consideration of establishing said District", and WHEREAS, the City Council by adopting Resolution No R- 2008 -115 set a public hearing date to be held at City Hall, Yakima, Washington, on August 6, 2008, at 7•00 p m , relating to the formation of said Downtown Yakima Business Improvement District, the geographic description of the Downtown. Yakima Business Improvement District, the proposed uses and projects to be financed within said Downtown Yakima Business Improvement District, and the proposed special assessments to be levied upon businesses within said Downtown Yakima Business Improvement District; and WHEREAS, notice of the hearing set for August 6, 2008, at 7'00 p m , was given as provided in RCW 35 87A.050; and WHEREAS, a public hearing conceming the establishment of the Downtown Yakima Business Improvement District was held on August 6, 2008, at 7 p m., in the City Council Chambers of City Hall, 129 North Second Street, Yakima, Washington, Now, Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The City of Yakima, Washington (the "City"), hereby establishes a Downtown Yakima Business Improvement District (hereafter "DYBID ") in downtown Yakima, as provided in Chapter 35 87A RCW, for the purpose of assisting trade, economic vitality, security and livability within the District. The boundaries of the DYBID are described in 1 Exhibit °A" and illustrated in the map attached as Exhibit "B", attached hereto and by this reference fully incorporated herein. Section 2. The uses and projects to which the special assessments shall be put are set forth on Exhibit "C ", attached hereto and by this reference fully incorporated herein. The special assessments shall be applied among the various uses and projects set forth in Exhibit "C" so as to accomplish, as nearly as may be possible, all such uses and projects for which said assessments are estimated and budgeted, as set forth in Section 4 of this Ordinance If the City determines, in consultation with the Committee for Downtown Yakima ( "CDY") that it has become impractical or undesirable to accomplish any of the described uses or projects set forth in Exhibit "C° by reason of increased costs, changed conditions or needs, altemative uses or projects may be substituted, provided, however, that such altemative 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 areas; 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 CDY may not substitute any such alternative use or project for those set forth on Exhibit "C" if, within 30 days of the City's mailing notice of such proposed substitution to all businesses within the DYBID subject to assessments, objections in writing are received from operators of businesses that would be required to pay more than fifty percent (50%) of the proposed special assessments within such DYBID 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. Special assessments shall be levied against all businesses within the DYBID to provide funds necessary for the purposes set forth in Section 2, and the special assessments shall be levied upon the following classes of business and at the following rates, provided, however, that businesses established after the DYBID has become effective shall be exempted from the special assessments imposed pursuant to this Ordinance for a period of one year from the date they commence business within the DYBID 2 A. Property Assessment The Downtown Yakima Business Improvement District property assessment utilizes Assessed Property Value to determine the assessment. Each property owner within the Downtown Yakima Business Improvement District shall pay an assessment determined by the Yakima County Assessor's assessed value for the property owners particular property as a percentage of the aggregate of all similarly assessed property values for all properties located within the corresponding DYBID Zone The property's calculated DYBID assessment shall be determined at the time the DYBID is established and shall remain at that value throughout the term of this DYBID, unless amended in the interim by application of the statutory modification process set forth in RCW 35 87A.140 or as hereafter amended B. Business Assessment The Downtown Yakima Business Improvement District business assessment shall be assessed based upon the City - issued business license. Each business license holder within the District shall be assessed a Downtown Yakima Business Improvement District assessment of $100 C. Non Profit Assessment Non -Profit organizations shall be assessed a reduced property assessment of sixty percent (60 %) of the standard property assessment rate applied within the Zone the non - profit property is located in. There shall be no discount for the business license fee Non -Profit organizations as referred to in this Section include, but are not limited to, non -profit corporations and religious institutions. D Service Cost Allocations As Basis For Property Assessment There are differing service needs within the DYBID and therefore two (2) service zones with individually specific assessment rates are hereby established. The levels of appropriate service delivery within each zone are based upon an analysis of the current service delivery needs of the District and projected future needs over the term of the District. Each zone's assessment rate is calculated by determining the District -wide shared expenses applicable to both zones and the differing zone - specific maintenance expenses for each individual zone, allocating the final zone - specific expenses over the total assessed value within the applicable zone The difference between Zone One and Zone Two assessments is the differing Zone - specific maintenance costs. Zone One receives additional seasonal maintenance services to maintain the increased landscaping therein. All other costs and services are shared equally by both zones. 3 E. Calculation of Property Assessments Based upon the property assessment methodology described above, property assessments for each Zone are established as follows Assessment Per Zone One Zone Two Dollar of Assessed Value $0.000937 $0.000772 F Other Single- family residences and any building containing three or fewer residential units only that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ("DYBID") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance Section 4 The total estimated annual budgetary requirement from DYBID sources necessary to provide the services and uses described in Section 2 and Exhibit "C" is Two Hundred Fifteen Thousand Five Hundred Twenty-Six Dollars ($215,526 00) Section 5. The special assessments described herein will be levied every year for three (3) years following the effective date of this ordinance Upon or before the third (3 anniversary of this DYBID the City Council shall take the legislative action described in RCW 35 87A.180 to effectively disestablish the DYBID formed by this Ordinance. In order to timely fulfill the required disestablishment, in the month of May, 2011, the City Council shall adopt a resolution of intention to disestablish this DYBID, identifying the time and place of the public hearing to be set at least fifteen (15) days thereafter and advertised in accord with RCW 35 87A.050 During the public hearing the City Council shall approve by Ordinance the disestablishment of this DYBID The City may thereafter elect to initiate a new DYBID in accordance with the procedures for forming a new District as established by RCW 35 87A or any successor statute, if any Section 6. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law PASSED BY THE CITY COUNCIL this day of August, 2008 David Edier, Mayor 4 ATTEST City Clerk Ordinance No Publication Date Effective Date 5 EXHIBIT "A" District Boundary The Downtown Yakima Business Improvement District is broken into two The boundaries of each zone are described as follows Zone One Zone One represents all the DYBID properties that have frontage on Yakima Avenue from the centerline of 8 Avenue east to centerline of 9 Street with the exception of parcel #18132442461 (First Presbyterian Church) Zone One also includes the current Holiday Inn express properties and Howard Johnson properties on the north side of Yakima Avenue backing up to Gateway Center Those parcel numbers are 19131912547, 19131911507, 19131911022, 19131911077, 19131911023, 19131911025, 19131911026, 19131911031, 19131911030, 19131911029, 19131911027 and 19131911028 Also included in Zone One are all properties east of the railroad tracks from the centerline of Lincoln Avenue south to the centerline of Walnut Street to properties that have frontage on the eastside of Naches Avenue East of Naches Avenue the Zone narrows to the centerline of Chestnut Street as the southem border Zone One also includes parcels 19131913414, 19131913415, 19131913416, 19131913417, 19131913418, 19131913419 and 19131913420 which are on the west side of 6 Street between Chestnut Street and Walnut Street. The northern edge of Zone One in this area is the northern edge of the properties that includes the current Red Lion Hotel and it's adjoining parking lot's edge, the Yakima Convention Center and its adjoining parking lot's northern edge and the Greater Yakima Chamber of Commerce and the adjoining parking lot's northern edge Those northern parcels are 19131912414, 19131912561, 19131912560, 19131912447, 19131912505 and 1913191294 The northern section of Zone One also includes parcels 19131921472, 19131921473, 19131921474, 19131921475, 19131921476 and 19131921477 which face the centerline of 6 Street between Martin Luther King and 'A' Street. Zone One includes approximately 41 blocks. Zone Two Zone Two represents the entire area that is north and south of the frontage properties along Yakima Avenue to the centerline of Lincoln Avenue and Walnut Street respectively and between the railroads tracks and 7 Avenue Zone Two also includes parcel # 18132442454 which is on the southeast comer of Summitview Avenue and 8 Avenue All properties that have frontage on West Yakima Avenue from the railroad tracks west to centerline of 7th Avenue are included in Zone Two Zone Two represents 36 complete blocks 6 \ \ I I I I _„- \ - ----- . , ,, r ,, , ,, r.g.•• ,, Ili rent --,,,,, cc, -\- 11 .— = 0 ri.-41--,vm .., N ....... ...... , - . 5 , SlAn \ a LE- cl .•■ ;1 ii.L. A____ J- .. m r=1 INIEll r .. . _ Nov 1 1 II-(\,, \--\.\ ‘1.\ . \----\ ._... oiNn \ ---:' -- \ ' '"-- x _ . •. _ _--\ \\\ t\_-- . -\\ \ .\-\ l— . ... 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' ' , '-\--=---- -\ \ __, . \ \..\ t , , _ c'(\ \ V \ \ \\ ' ,---- _ C i \ \ -------- '. " ' __„-- ,,,, 5 / \ 2 1111111 — -c'- t- c- \ \ , ' -S ------- 11111111111 m 11 ' '.\ \\,----> - - \ \ ‘ 5 'iC .-----: .‘ \ _____ \ \-- c T --- --r \ . -_:;•%:,v...._ cn — Will \------- \■.,-,\ \ '-' \ \ \ \ --../ .,..- ---- '7 \\>.---! - --C1 1 13 cr . \ \ (9 4 0 eri 3:1 \ \ -'\-%\ r ---- 71 --- = Z THIFFE \ \- r \ :::\\ \--..,',:,.._•• _.,.\--\-\,.\ v .0 ., Id a \ \ k"' :4 4 \ \ - '- \ . ,...1 • 7i ,,, ' ' , \ II — '° --d A\73• - • d = 1 PF 1 1 0 3 1 1 I 4 7' -•iii 1 ,___ 1 I W:.: ,I___ :L.._ -,... \.__\,\ \ , EXHIBIT "C" The Downtown Yakima Business Improvement District assessments shall be used to supplement the Committee for Downtown Yakima budget in order that the Committee can continue to provide services toward fulfillment of the following purposes, unless said purposes are modified in accord with Section 2 of the DYBID Ordinance. Clean Services The Committee for Downtown Yakima (hereafter "CDY ") shall continue to supplement existing City of Yakima services by adding an additional 7,840 man hours of services throughout the Downtown Yakima Business Improvement District. CDY will use the best equipment available to ensure the most efficient approach to clean services. The services provided will include: • Pressure washing of sidewalks - CDY shall keep the new sidewalk features looking sharp by pressure washing them on a regular basis to remove spills, dirt and gum. Further, CDY shall regularly clean all new street features including benches and water fountains. • Weed abatement - CDY shall constantly spray and remove weeds throughout the district • Daily trash removal - CDY shall pan and broom each sidewalk and curb in the district to remove trash and debris through the entire district. • Special Projects - CDY shall work with the City of Yakima and remain flexible to work on special projects that come up each year • Graffiti Removal - A service of the CDY Clean and Safe Team will be immediate graffiti removal throughout the entire district from both public and private property CDY's goal will be removal within 24 hours of the graffiti being reported. After receiving a signed waiver from a victimized property owner, CDY's clean team shall remove graffiti from private property at no charge. In the case of areas that receive graffiti damage regularly, CDY will gladly store extra paint to do the work on demand. CDY shall use a combination of chemicals and pressure washing equipment that are sensitive to the various surfaces in downtown Yakima. Safety Services The Committee for Downtown Yakima shall work actively to create a safe environment for visitors, customers and employees through the ambassador program by adding 4,512 annual security hours per year throughout the entire District. The program shall be active from April 15 to October 15 each year, seven days a week, eight hours a day 8 The CDY ambassadors shall be on the street from 11:00 - 7.30 p.m. daily Their schedule will vary to accomodate special events and downtown activities. Each ambassador shall be connected through radio and cell phone to respond immediately to any downtown security issue. The ambassadors shall be trained to know local businesses and shall be a point of contact for those downtown users on the street who need help finding businesses and directions. Landscape and Special Projects The Committee for Downtown Yakima shall manage the hanging baskets, flower beds and flower pots throughout the District. The cost to maintain these displays and purchase the plants for them annually will come from Downtown Yakima Business Improvement District funds. On a weekly basis, CDY shall deadhead, fertilize and properly maintain the baskets, pots and planting areas to ensure a positive feel and attractive look to downtown Yakima. CDY anticipates spending approximately 30 man-hours per week on this project. The hanging baskets, flower beds and flower pots within the District shall be planted with a variety of flowers during the summer months and re- planted with fall - appropriate plants in mid September All planting areas throughout the District shall be weeded and mulched. Economic and Business Development The Committee for Downtown Yakima shall continue to work toward attracting new businesses to the District and help retain the thriving business community of today CDY shall do this by continuing to be a knowledge base for all available commercial and office spaces in the Downtown Yakima Business Improvement District and by actively recruiting new tenants. CDY shall also work closely with developers to grow the number of living units available within the District. Marketing/Communication The Committee for Downtown Yakima shall continue to market the changes occurring within the District and shall work to market the Downtown Yakima Business Improvement District to visitors and locals alike. • CDY shall continue to operate and expand the CDY website, which averages over 30,000 hits per month and 800 unique visitors. CDY shall work to expand individual listings for each District business to ensure that as many District businesses as possible have an internet presence. These services will only be available to the businesses within the District. • CDY shall continue weekly District email updates to over 500 subscribers to continue to inform the community about events, developments and people in the District. CDY shall actively expand this list. 9 • CDY shall publish a bi- annual Downtown Yakima Business Improvement District restaurant guide to be distributed by the business community and the Yakima Valley Convention and Visitors Bureau. • CDY shall publish an annual Guide to Downtown Yakima that will feature listing of all businesses within the District, as well as other features of the District including a calendar of events and a map of the District. Advocacy /Leadership /Administration The following is a list of the staff positions required to do the work included in the management plan. All positions listed are full time, year round positions. Executive Director - the Executive Director of the Committee for Downtown Yakima is responsible for all fiscal oversight of all Business Improvement District programs with a major focus on economic development, retail development, residential development and advocacy The Executive Director shall work to secure additional funding streams to enhance the Business Improvement District resources to provide for special projects that enhance the District Director of User Experience - the Director of User Experience for the Committee for Downtown Yakima is responsible for all communications, marketing and outreach programs. The Director of User Experience shall manage the website and the production of all marketing materials, including the District shopping and restaurant guides. The Director of User Experience shall also work with the retailers and restaurants within the District to facilitate cooperative marketing and special events. Qean and Safe Team Supervisor - the Clean and Safe Team Supervisor manages all aspects of both the clean and safe teams, including the hiring, motivating and assignment of all clean and safe team members. The Qean and Safe Team Supervisor shall monitor the maintenance conditions throughout the District and create daily assignments to keep the District clean and safe. The supervisor position is a working position. The supervisor shall spend approximately 90% of his time working with the clean and safe team and 10% doing administrative work. Maintenance Foreman - the Maintenance Foreman is responsible for being the clean team's full time leader on the street The maintenance foreman shall constantly monitor the work of the clean team on a daily basis to ensure quality and shall interact with the District's business community to address solutions to maintenance needs. 10 YAKIMA HERALD- REPUBLIC CLASSIFIED 452 -7355 a ` 4D • 'Tuesday, Judy_22:,2DD8' ..,ti .. w.C..,...,... It CITY.OF-YAKIMA''? K 1 NOTICE OFPUBLIC'HEARING "' Mt ' ' To Consider Disesta&llehment of Parking and Business Improvement Area Number One and Establishment of a re: Downtown- Yakima Business Improvement District i • NOTICE IS HEREBY GIVEN Ihet the Yakima City Council will mnduet a public hearing to consider the diaestabllshment of the previously ertablshed Parking and ' Business Improvement Area (PBIA) Number One and establishment d a Downtown Yakima Business Improvement District. Said public hearing will be held August: 6, 2008 at 7 p.m. in the Council Chambers at Yakima City Hall, 129 North 2nd St n: eel, Yakima, WashIngto'All interested parties are Invited to attend. Following Is '' the resolution of intention to disestablish the previous PBIA and, as required by RCW 35.87A.050; the resolution of Intention to establish the downtown district. RESOLUTION NO. R- 2008 -114 -A RESOLUTION of the ON Courc6 of the City of Yakima expressing the Intent of the Council to disestablish the previously established Parking and Business Improvement Area Number One (hereinafter PBIA) formed to allow the collection of special assessments from Yakima downtown business owners and operators for the specific purposes set form In said previously estabashed PBIA; and setting the date: time, and place fora pudic hearing on: August 6, 2008, at 7:00 p.m. for consideration of said dsesablis ment. WHEREAS In 1974, by Ordinance 1720, the Yakima City Council established the City of Yakima's Parking and Business Improvement Area No.' 1, described whin the body of said Ordinance and established as a perpetual PBIA; and WHEREAS, n 1998, by Ordinance 96-32: the Yakima Clty Council reformed and reestablished the downtown Parking and Business Improvement District No! 1; described therein, - + and indicated that said PBIA was kdorded to be :emanated after six years: and WHEREAS, In 2002, by Ordinance 2002.28 the Yakima City Council reformed and." reestablished the downtown Parking and Business Improvement Area No. 1 and designated that the PBIA eo renamed and reestablished was to terminate after six. years; and WHEREAS, the Yakima City Council now Intends to terminate add existing PBIA No. 1 in order to (1) consider the Intern expressed petition to establish a new Downtown Yakima Business Improvement District within an area mat generally encompasses the areas Irlduded within the exatfr'g PBIA No. 1, and • (2) t0 fulfill the Intent expressed in the Ordinance reforming PBIA No.1 that the PBIA be disestablished after a specified period of yeaa; NOW THEREFORE, BE IT' RESOLVED by the City Council of the City of Yakima, Washington, as follows: There shall be a public hearing held In the City Council Chambers at Yakima City ' Hall, Yakima. Washington on Wednesday. August 8, 2008, at 7:00 p.m.. for consideration of the City Counal's intent to dtsestabtsh PBIA No. 1, thereby terminating the collection of special assessments assodated with said PBIA as well as terminating the provision of benefits and septic= derived through said special ' assessments for the related PBIA area: ADOPTED BY,THE Cf Y COUNCIL tNs 15th day of July, 2008. /9/ David Eder Meyer; ATTEST: /s/ Deborah Moore; CIty - Clerk Cle - - - ` }: { r ' y ' ; - RESOLUTION NO. R- 2008.115 -A RESOLUTION of the City Council d the City of Yakima, Washington, initiating the establishment of a Downtown Yakima Busmen- t r, - Improvement District for the downtown area of the City and setting the erne for a public hearing for August 8, 2008, at 7:00 p.m. for the consideration of establishing. - said District. WHEREAS, the City of Yakima, Washington (the'CUy'), has received an Initiating petition from pr owners and business 'owners and operators within the downtown Yakima area rev a desire to establish a Downtown Yakima Business Improvement District (hereafter' DYBID') for a portion of rev area of the City. In accordance with the procedures established by Chapter 35.87A RCW; WHEREAS, the petition received Includes the signatures of property : y owners and business owners and operators In the proposed DYBID that would M responsible for the payment of more then sixty percent (60 %) of the pr spode! assessments for the identified District: NOW, THEREFORE: BE IT RESOLVED by the City Council of the City of Vaidea. Washington, as follows.' Section 1. It is the intention of the CIN Council (tha"Councillor the City of Yakima, Washington, to establish a Downtown Yaldma Business Improvement District for a portonc of the downtown area of the City, as provided undo Chapter 35.87A RCW, for the purpose of assisting trade, economic diary and ItveNBry within t e area: The . boundaries of the DYBID are identified In the Initiating pettoon that accompanies ins Resolution and are spedllcaler,described lnEdobit A and Illustrated In Exhibit B, attached hereto and by this reference Incorporated herein: Section 2The uses and prefects to which the sped= assessments shag be put are Idendied In the , initiating petbon that accompanies this Resolution and are set font In ExNbit C' attached hereto and by this reference fully nrnrporated herein.' The seeder - assessments shall be applied among the various uses and projects set IoM In Exhibit V so as to accomplish, as early,as may be possible. ea such uses and projects for which said assessments are estimated and budgeted, es set forth In Section 4 hared. It the City determines: In consultation with the Committee to Downtown Yakima ('COY') that It has become Impractical or undesirable to accomplish any d the described uses or prefects set forth In Exhibit "C" by reason 0f Increased costs. changed conditions or needs, alternative uses or projects may be substituted; provided. however, that such alternative uses or projects must Include any one or more of the follows g: (a) The acquisition, construction or maintenance of parking facilities for the benefit 01 the area; (b) Decoration of any public place In the area: (c) Promotion of public event that are to lake place on or In public places in the area; (d) Furnishing d music in any public place In the area; (e) Providing professional management, planning and promotion for the area, including the management and promotion of retell trade activities in the area; (f) Prov4ng maintenance and security for common, public areas; and (g) Any ogler purposes that may hereafter be permitted under, Chapter 35.87A RCW, as amended or 0s - successor statute. If any; and provided other that the City In consuftaaon with CDY may not substitute any such alternative use o project for those set forth on' Ex C' if, * fun 30 days of the ON's mailing notice of such proposed substitution to ell businesses within the DYBID ,subject to assessments, objections In writing re received from operators of businesses that would be required to pay more than fifty percent (50%) d the proposed special assessments within such DYBID All such uses and projects shall be supplemental to regular street maintenance provided by the City and shag rid displace any services regularly provided by the City. Section 3. In the event that, following a public hearing ouch PBIA a established, special assessments ea be Ievled against all businesses wimIn the 'r PBIA to provide funds necessary for the purposes sal IoM in Section 2, and the specal, assessments shall be levied upon the following Basses of business and.at businesses following rates; provided, however, that dnesses established after the DYBID has become effective shag be exempted from the special assessments Imposed pursuant to this Ordinance for a period of one year from the date they commerce business *thin the DYBID: (A) Property Assessment--The Downtown Yakima' Business Improvement District property assessment utilizes Assessed Property Value to determine the assessment. Each property ovmar within the Downtown n Yakima Business Improvement District shall pay an assessment determined by the Yakima County Aesesao's assessed value for the property owner's particular s property as a percentage of the aggregate of all similarly assessed values to all properties located within the corresponding ID Zaa The • calculated DYBID assessment shag be determined at the Una the DYBID is established and shall remain at that value throughout the term of this DYBID, unless amended in the interim by application of the statutory modification process sal font In RCW 35.87&140, or as hereafter amended. (B) Business Assessment -The Downtown Yakima Business tiprovement District business assessment shall be assessed based upon the City-Issued business license. Eedt business keens holder within the District shag be assessed a Downtown Yakima Business Improvement District assessment of 5100. (C) Non Profit Assessment- -Nei- Profit, organizations shall be assessed a reduced property assessment of sixty percent (60%) of the standard property assessment rate applied within the Zone the ran-• profit property is located in. There shag be no discount for the business license fee. Service Cost Allocations As Basis For Property Assessment -There are differing service needs within the DYBID and therefore two (2) service zones with Individually spedlk assessment rates would be established. The levels of appropriate' service delivery within each zone are based upon an analysis of the torrent service delivery needs of the District and projected future needs over the term of the District. Each zone's assessment rate is calculated by determkilnb the District -wide shared expenses applicable to both tone end the differing zone - specific maintenance expenses for each individual zone, allocating the final zone- specific expensee over the total assessed value vaUdn the applicable zone. ,The dUterende between Zone One and Zone Two assessments is the differing Zone- apedec maintenance costs. Zone One receives additional seasonal maintenance services to maintain the increased landscaping therein.. Ali other costs and services would be shared equally by both zones. Calculation of Property Assessments - -Based upon the property assessment methodology described above. property assessments for each Zone would be established as follows: Assessment Per Zone One f ^r, " •Zane Two •e". * 5-. 7 Dollar of Assessed Value ` 50000937 -+- 50.000772 (D) Other- Single -family residences and any building containing three or fewer residential units only that ars located In the DYBID will not be included In or receive the property assessments m the Downtown Yakima Business [mproo amen: District ('DYBID') that Is established in accordance with the procedures of Chapter 35.87A RCW and b described in this Resohmon. Section 4. The total estimated annual budgetary requirement from DYBID sources rrems=y to dovIde the Section and uses described In Section nt n 2 and Exhibit 'C" is Two Hundred Flfleen- Thousand Five Hundred.Twem•Six Dollars ($215,5 ). S 5: if approved after public hearing ar. the special assessments described herein will be levied every yelor three.(3) years following the,Hective date of the ordinance establishing + r : . the District. If established upon or before the tNrd (3rd) anniversary of this DYBID the City Council shall take the legislative action described in RCW 35.870.180 to eeect)ney disestablish the DYBID established by the Ordinance.` In order to timely fulfill the required d)sesablIshinent; in the month of Me :2011; the City Council shall adopt a resolution of Intent to disestablish the OVBID; kdentIykg the Urn and place of the public hearing to be seta: bast fifteen (15) days thereafter and • advertised in accord with RCW 35.87& 050. During the pudic hearing to City Council shag approve, by Ord)narlbe the disesablishmem of the DYBID. The cry rney thereafter elect to =hate a new DYBID in accordance with the'procedures for forming a new District as established by RCW 35.87A or any successor statute, d' any. Section 6. A public: hearing shag be held In the City Councl Chambers of City Hag, 129 North 2zd Street, on Wednesday. AAuwst 8, 2008, ar 7:00 p.m., for public comment and City Council consideration of establishing the proposed Downtown Yaldma Business Improvement Distrkl..ADOPTEO BY THE CITY COUNCIL, this 15th day of July, 2008. /s/ David Eder, Mayor: ATTEST. /6/ Deborah Moore, City Clerk Any citizen Wishing to moment on the resolution Is welcome to attend the public hearing or contact the City Council in the following manner, (1) Send a letter via regular mall to 'Yakima City Council, 129 N. and Street, Yakima, WA , 98901, on (2) E-mail your comments to ccoundl ®ci.yakime.wa.us. Include In the e-rna9 subject line, ,'DYBID.' •Please also include your name and mailing address;1 Dated this 22nd day of July, 2008. Deborah Moore,Clty Clerk' ' 7. ' " - - 9, - - ; a- EXHIBIT 'A' District Boundary-The Downtown Yakima Business Imp'roveme Obeid le broken Into The two. e boundeiled a' each zone are dexd s Ida bed'ewa: • Zone One -Zone One represents all the OYBID properties that have kontags on Yakima Avenue from the csmedne of 8th Avenue east to centerline of 9131 Street with the exception of parcel /18132442461 (Flrst Pre Churc Zone One als the current Holida ex ress roes and Hnwatd Johnson -, ,,.,, Pit 31911077 911023, 191319110261 19131911031, 19131911030;19131911029. 19131911090;19131 029. 191131911027 end 1191318 X 191 edM fie' . i One are all properties e801 of the ratroad tracks from the =Nadine of Unedn Avenue south to the centerline of Walnut Street to properties that have homage on the' eastside d Neches Avenue. East of Neches Avenue the Zone narrows m the centerline of Chestnut Street as the southern border. Zone One also tread= pefeel l - 19131913414, 19131913415, 19131913416, 19131913417, 19131913418. 19131913419 and 19131913420 which are on the we= side of 8th Street between' Chestnut Street and Walnut Street. The northern edge of Zone One in this area Is the northern edged the properties Thal Includes the current Red Lion Hotel and <' It's adjoining parking lot's edge, the Yakima Convention Center and its ad)oinhg parking tot's northern edge and de Greater-Yakima Chamber of Commerce and the.: adjoining parlting lot's northern edge. Those northern parcels are 19131912414, 191311912581. 19131912580, 19131912447 :19131912505 and' - Tnt's- northern sedan of Zone One also includes parceli 19131921472;19131921473, 19131921474,1 9131a21475, 19131921478 and 19131921477 welch face the' ''... , . centerline of 6th Street between Mann Luther Kri artd 'A' Street Zone One includes approximately 41• dodo. Zone e er e TNo -Zone Two represents me entire ee • ; that s north and south of the frontage propertiesa Yakima Avenue to the centerline of Uncoln Avenue and Walnut Street respectively and beheads the =heads ' tracks and 7th Avenue. Zone two also Includes parcel 118132442454'whlch is on the Bout east corer of Summltvtew Avenue and 8th Avenue. Ail properties that , p . have frontage on west Yeatma Avenue from the ralnoed beds rest to centerline of .7th Avenue are inducted In Zone TWO: Zone Teo represents 3e complete' .^ • blocks. EXHIBIT'S' Map of Zoned District avertable on the COy'e =belte and upon request from the City Cleric'. olnts; 0- 2nd Sheet. Yaldma. Tetepeo a 575-• ^ 6037, EXHIBIT C' I' -. 4- ar+ w:y, ; - - The Downtown assessments Business Improvement District 855.85men shall be used to supplement the Commerce for Downtown Yakima budget In oNar that the . Committee can continue a provide services toward fulfillment the e following p�rpoaaa are t unless said purposes a modified in accord with Section 2 o DYBID Ordinance: Clean Services -The Committee for Downtown Vakime (hereafter •C shall continue to supplement edam City of Yaldma services by adding an additional 7,640 man hours of semces evougno t ere Downtown Yakima Business improvement Osma..CDY,wl11 use the bed equipment awed= to ensure the most etfcient approach to dean services. The services provided will include: Pressure washap of sldewdkeCOYshall keep ['renew sidewalk features locking. : sharp by pressure washing them one regular bests to remove spies, dirt and gum.-Fuller, COY shaft regulary d re clean es w features es including benches and • '; °. • water fountains: Weed abatement -CDY shall constantly spray and ay a retrieve weeds throughout the dstrkt. Oai'N trash rerteveOCOY shall om pan and bo each-"':` sidewalk and curb in the district to remove trash and debris through the entire district. Specal Projects-CDY shall work with to Clry d Yard= and remain flexible to work on special projects that come up each year. Graffiti Removal -A service e CDY Clean and Sate Team will be immediate graffiti )amovel SMoughaA the • entire district from bon public and prude property . CDY's goal will be removal *thin 24 hours of the graffiti being reported. - After reo.Mnq a signed waiver from a victimized property owner, CDV'e dean teem shall remove graffiti from prvete property at no charge. In he case of areas that receive gref8tl damage regularly, CDY - vell gladly store extra paint to do the work on demand. CDY shall use a combination of chemicals and pressure washing equipment that are sensitive to the various surfaces in downtown Yakima. Safety Services -The Commie.. for Downtown Yakima shall work actively to create a safe environment for vistors, customers ant' employees through tine ambassador program by adding 4,512 annual security hours per year throughout the entire Oise= The program shah be active from April 15 to October 15 each year, seven days a week, eight hours a day.. The CDY ambassadors shall be on the street from 11:00 7:30 p.m. deity. Their Schedule wig vary to accommodate special events and downtown activities. Each ambassador shall be connected through redo and Gall phone to respond Immediatety to any downtown securely issue. The ambassadors shall he trained to know local businesses and shell be a point of contact to hose downtown users on the street who need help finding businesses and directions: Landscape and Special Projects -The Committee for Oowntown Yakima shag menage the hwrelng baskets, Power beds and flower pots throughout the District. The cost to maintain these displays and purchase the plans for Chem annually will come from tWenWwn Yakima Business Improvement District funds. On a weekly basis, CDY shell deadhead, fertilize and property maintain the basket& pots and planting areas to ensure a positive feel and attractive ook to downtown Yakima. CDY anticipates spending approximately 30 man.bouts per =siren this prefect. The hanging baskets, flower beds and flower pots within the District shah be planted with a variety of flowers during to summer months and re•plaraod *nth lelhepptoprlde Warns in mid September. All Wanting areas throughout the Dodd shall be weeded and mukited: Economic and Business Deveopnel•The Committee to Downtown Yakima shag continue to wok toward attracting new businesses to the District and help retain the thriving business community d today. COY shall do This by continuing to be a knowledge base for all av8tiable commercial and office spaces in the Downtown Yakima Business Improvement Dish= and bbyv adNaly recruiting new tenants. CDY shall also work dosey with developers to grow the number of Hying unite available whit the District.: Mar stingy ommunk8tion-' TTe Committee tor., Downtown Yakima shag continue to market the changes occurring *thin the District and dial! work to market the °rewi d Yeldma Business Improvement District to visitors and locals alike. CDY shall continue to operate and expend the CDY webslte, which averages over 30,000 tub per norm and 800 unique visitors. CDY shall work to expand Individual listings for each District business to ensue that as many District businesses as possible have an Internet presence. These services will only be evadable to the businesses within the Dyad. CDY shell cosine weekly District email updates to over 500 subscribers to continue to IMorm the community about events, developments and people In tie Dtstrbt. - 001 shatl aSINely expand this list. CDY shat publish a bi-annual Downtown Yakima Business • Improvement District restaurant guide to be distributed by the business community and the Yakima Valley Convention and Visitors Bureau. CDY Mall publish an annual Gude to Downtown Yak that will Nature listing of all businesses within the Dstrd, as well as other features ce the District Including a calendar of events • and a map of the District. Advocecy/leedera Idmaistraton- -The following s a list d the sag poMbna required to do the work Included a the management Wan. All positions fi g Me, are full year routs sI ExeonNs Okecor -tit Exewtle Director of the Committee for Downturn Yakima is responsible for all fiscal oversight of all Business Improvement bistro s with a major ions on economic development; retell deveopreeM;.resktemal development and advocacy. The Executive Director shall work to secure done) funding streams to enhance the Business Improvement District reso rces to provide for special projects that enhance the District. Director d User Experience the Director of User Experience forme Committee for Dammwn•Yeldma is responsible for all conmunkatons, marketing and outreach programs. The Ddredor of User Experience shall manage he weber, and the production of all marketing materials, including the District shopping and restaurant guides. The Director of User Experience shall also wok with to retailers and restaurants within the District to facilitate cooperative marketing and special events. Clean and Safe Team Supemsar-ehe Clean and Sate Teem Supervisor manages en aspects of both the dean and sate teams: .7- - Including the hiring, moUvetng and assignment of as clean and safe team members. The Clean and Safe Team SupeMaor shag momor the maintenance conditions throughout the District and create daily assignments to keep the District dean and safe. The supervisor poskm is a working position. The supervisor snail spend approximately 9096 of his time working weft the clean and safe team and 10% doing administrative work. Maintenance Foreman -the Maintenance Foreman s responsible to being the clean team's oil time leader on the street The maintenance foreman shell enstamy monitor the work of toe dean team on a. daily basis to enure quality and shag interact with the District's business community to address solutions to maintenance need& - v unwed CERTIFICATE OF MAILING OF RESOLUTION NO. R- 2008 -114 AND RESOLUTION NO. R -2008 -115 My name is Deborah Moore. I am employed by the City of Yakima Administration Department as the City Clerk. On July 22, 2008, I prepared 615 envelopes for processing and delivery by U S. mail, first class, postage prepaid, each envelope containing the document attached as Exhibit "A" to this Certificate of Mailing, which is a copy of Resolution No. R- 2008 -114 entitled "A Resolution of the City Council of the City of Yakima, Washington, initiating the disestablishment of the Parking and Business Improvement Area Number One and setting the time for a public hearing for August 6, 2008 at 7 p.m. for consideration of said disestablishment, and Resolution No. R- 2008 -115 entitled "A Resolution of the City Council of the City of Yakima, Washington, initiating the establishment of a Downtown Yakima Business Improvement District for the downtown area of the City and setting the time for a public hearing for August 6, 2008 at 7:00 p.m., for the consideration of establishing said District", with Exhibits A, B (map), and C attached to the Resolution. The 615 envelopes were addressed as listed on the attached Exhibit "B ", which is a copy of the mailing labels. I hand delivered all envelopes to Jill Ballard GIS Technician and Nicole Delp, Computer Operations Technician, with the City of Yakima Information Systems in the basement of the Yakima City Hall, located at 129 North Second Street, Yakima, Washington for processing of the mail and mailing on the same day I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Dated this 21st day of July, 2008, at Yakima, Washington. Deborah Moore, City Clerk EXHIBIT "A" TO CERTIFICATE OF MAILING RESOLUTION NO. R- 2008 -114 A RESOLUTION of the City Council of the City of Yakima expressing the intent of the Council to disestablish the previously established Parking and Business Improvement Area Number One (hereinafter PBIA) formed to allow the collection of special assessments from Yakima downtown business owners and operators for the specific purposes set forth in said previously established PBIA, and setting the date, time, and place for a public hearing on August 6, 2008, at 7 p.m., for consideration of said disestablishment WHEREAS, in 1974, by Ordinance 1720, the Yakima City Council established the City of Yakima's Parking and Business Improvement Area No. 1, described within the body of said Ordinance and established as a perpetual PBIA, and WHEREAS, in 1996, by Ordinance 96-32, the Yakima City Council reformed and reestablished the downtown Parking and Business Improvement District No 1, described therein, and indicated that said PBIA was intended to be terminated after six years; and WHEREAS, in 2002, by Ordinance 2002 -26 the Yakima City Council reformed and reestablished the downtown Parking and Business Improvement Area No 1 and designated that the PBIA so reformed and reestablished was to terminate after six years; and WHEREAS, the Yakima City Council now intends to terminate• said existing PBIA No. 1 in order to 1) consider the intent expressed by petition to establish a new Downtown Yakima Business Improvement District within an area that generally encompasses the areas included within the existing PBIA No. 1, and 2) to fulfill the intent expressed in the Ordinance reforming PBIA No. 1 that the PBIA be disestablished after a specified period of years; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yakima, Washington, as follows: There shall be a public hearing held in the City Council Chambers at Yakima City Hall, Yakima, Washington on Wednesday, August 6, 2008, at 7 p.m., for consideration of the City Councirs intent to disestablish PBIA No. 1, thereby terminating the collection of special assessments associated with said PBIA, as well as terminating the provision of benefits and services derived through said special assessments for the related PBIA area. ADOPTED BY THE CITY COUNCIL this 15 day of July, 2008 /s/ David Edler ATTEST David Edler, Mayor /s/ Deborah Moore City Clerk 1 RESOLUTION NO. R- 2008 -115 A RESOLUTION of the City Council of the City of Yakima, Washington, initiating the establishment of a Downtown Yakima Business Improvement District for the downtown area of the City and setting the time for a public hearing for August 6, 2008, at 7:00 p m., for the consideration of establishing said District WHEREAS, the City of Yakima, Washington (the "City"), has received an initiating petition from property owners and business owners and operators within the downtown Yakima area expressing a desire to establish a Downtown Yakima Business Improvement District (hereafter " DYBID") for a portion of downtown area of the City, in accordance with the procedures established by Chapter 35.87A RCW; WHEREAS, the petition received indudes the signatures of property owners and business owners and operators in the proposed DYBID that would be responsible for the payment of more than sixty percent (60 %) of the proposed special assessments for the identified District; 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 establish a Downtown Yakima Business Improvement District for a portion of 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 DYBID are identified in the initiating petition that accompanies this Resolution and are specifically described in Exhibit A and illustrated in Exhibit B, attached hereto and by this reference incorporated herein. Section 2. The uses and projects to which the special assessments shall be put are identified in the initiating petition that accompanies this Resolution and are set forth in Exhibit "C", attached hereto and by this reference fully incorporated herein. The special assessments shall be applied among the various uses and projects set forth in Exhibit "C" so as to accomplish, as nearly as may be possible, all such uses and projects for which said assessments are estimated and budgeted, as set forth in Section 4 hereof If the City determines, in consultation with the Committee for Downtown Yakima ("CDY") that it has become impractical or undesirable to accomplish any of the described uses or projects set forth in Exhibit 'C' by reason of increased costs, changed conditions or needs, alternative uses or projects may be substituted; provided, however, that such alternative uses or projects must indude 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, inducting the management and promotion of retail trade activities in the area; (f) Providing maintenance and security for common, public areas; 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 1 City in consultation with CDY may not substitute any such alternative use or project for those set forth on Exhibit "C" if, within 30 days of the City's mailing notice of such proposed substitution to all businesses within the DYBID subject to assessments, objections in writing are received from operators of businesses that would be required to pay more than fifty percent (50 %) of the proposed special assessments within such DYBID 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, following a public hearing such PBIA is established, special assessments shall be levied against all businesses within the PBIA to provide funds necessary for the purposes set forth in Section 2, and the special assessments shall be levied upon the following Basses of business and at the following rates; provided, however, that businesses established after the DYBID has become effective shall be exempted from the special assessments imposed pursuant to this Ordinance for a period of one year from the date they commence business within the DYBID A. Property Assessment The Downtown Yakima Business Improvement District property assessment utilizes Assessed Property Value to determine the assessment Each property owner within the Downtown Yakima Business - Improvement District shall pay an assessment determined by the Yakima County Assessor's assessed value for the property owner's particular property asa percentage of the aggregate of all similarly assessed property values for all properties located within the corresponding DYBID Zone. The property's calculated DYBID assessment shall be determined at the time the DYBID is established and shall rernaif at that value throughout the term of this DYBID, unless amended in the interim by application of the statutory modification process set forth in RCW 35.87A.140, or as hereafter amended. B. Business`Assessment The Downtown Yakima Business Improvement District business assessment shall be assessed based upon the City-issued business license. Each business license holder within the District shall be assessed a Downtown Yakima Business Improvement District assessment of $100: C. Non Profit Assessment Non -Profit organizations shall be assessed .a reduced property assessment of sixty percent (60%) of the standard property assessment rate applied within the Zone the non - profit property is located in. There shall be no discount for the business license fee. Service Cost Allocations As Basis For Property Assessment There are differing service needs within the DYBID and therefore two (2) service zones with individually specific assessment rates would be established. The levels of appropriate service delivery within each zone are based upon an analysis of the current service delivery needs of the District and projected future needs over the term of the District Each zone's assessment rate is calculated by determining the District-wide shared expenses applicable to both zones and the differing zone - specific maintenance expenses for each individual zone, allocating the final zone - specific expenses over the total assessed value within the applicable zone. The difference between Zone One and Zone Two assessments is the differing Zone - specific maintenance costs. Zone One receives additional seasonal maintenance services to maintain the increased landscaping therein. All other costs and services would be shared equally by both zones. Calculation of Property Assessments 2 Calculation of Property Assessments Based upon the property assessment methodology described above, property assessments for each Zone would be established as follows: Assessment Per Zone One Zone Two Dollar of Assessed Value $0.000937 $0.000772 D. Other Single - family residences and any building containing three or fewer residential units only that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ( "DYBID ") that is established in accordance with the procedures of Chapter 35 87A RCW and is described in this Resolution. Section 4 The total estimated annual budgetary requirement from DYBID sources necessary to provide the services and uses described in Section 2 and Exhibit "C° is Two Hundred Fifteen Thousand Five Hundred Twenty -Six Dollars ($215,526 00). Section 5. If approved after public hearing, the special assessments described herein will be levied every year for three (3) years following the effective date of the ordinance establishing the District If established, upon or before the third (3") anniversary of this DYBID the City Council shall take the legislative action described in RCW 35.87A.180 to effectively disestablish the DYBID established by the Ordinance. in order to timely fulfill the required disestablishment, in the month of May, 2011, the City Council shall adopt a resolution of intent to disestablish the DYBID, identifying the time and place of the public hearing to be set at least fifteen (15) days thereafter and advertised in accord. with RCW 35.87A.050. During the public hearing the City Council shall approve, by Ordinance the disestablishment of the. DYBID The City may thereafter elect to initiate a new DYBID in accordance with the procedures for forming a new District as established by RCW 35 87A or any successor statute, if any Section 6. A public hearing shall be held in the City Council Chambers of City Hall, 129 .North2'Street, on Wednesday, August 6, 2008, at 7 p.m., . for public comment and City Council consideration of establishing the proposed Downtown Yakima Business Improvement District ADOPTED BY THE CITY COUNCIL this 15th day of July, 2008 /s/ David Edler David Edler, Mayor ATTEST /s/ Deborah Moore City Clerk 3 EXHIBIT "A" District Boundary The Downtown Yakima Business Improvement District is broken into two. The boundaries of each zone are described as follows: Zone One Zone One represents all the DYBID properties that have frontage on Yakima Avenue from the centerline of 8 Avenue east to centerline of 9 Street with the exception of parcel #18132442461 (First Presbyterian Church). Zone One also includes the current Holiday Inn express properties and Howard Johnson properties on the north side of Yakima Avenue backing up to Gateway Center Those parcel numbers are 19131912547, 19131911507, 19131911022, 19131911077, 19131911023, 19131911025, 19131911026, 19131911031, 19131911030, 19131911029, 19131911027 and 19131911028 Also induded in Zone One are all properties east of the railroad tracks from the centerline of Lincoln Avenue south to the centerline of Walnut Street to properties that have frontage on the eastside of Naches Avenue. East of Naches Avenue the Zone narrows to the centerline of Chestnut Street as the southem border Zone One also includes parcels 19131913414, 19131913415, 19131913416, 19131913417, 19131913418, 19131913419 and 19131913420 which are on the west side of 6 Street between Chestnut Street and Walnut Street The northern edge of Zone One in this area is the northern edge of the properties that indudes the current Red Lion Hotel and it's adjoining parking lot's edge, the Yakima Convention Center and its adjoining parking lot's northern edge and the Greater Yakima Chamber of Commerce and the adjoining parking lot's northem edge. Those northern parcels are 19131912414, 19131912561, 19131912560, 19131912447, 19131912505 and 1913191294 The northern section of Zone One also includes parcels 19131921472, 19131921473, 19131921474, 19131921475, 19131921476 and 19131921477 which face the centerline of 6 Street between Martin Luther Kng and 'A' Street Zone One indudes approximately 41 blocks. Zone Two Zone Two represents the entire area that is north and south of the frontage properties along Yakima Avenue to the centerline of Lincoln Avenue and Walnut Street respectively and between the railroads tracks and 7 Avenue. Zone two also includes parcel # 18132442454 which is on the southeast comer of Summitview Avenue and 8 Avenue. All properties that have frontage on West Yakima Avenue from the railroad tracks west to centerline of 7 Avenue are included in Zone Two Zone Two represents 36 complete blocks. 4 VIM NMI Im 0i 7:1w • vim .1 . . mi i Immo ig. - 1 _ \-- , \ \\ -- c -,- ' , \---- • _. \- c \--- ) 0\--- ' c.... _.... ...la ,.... Iwo ■ mg Is!, MI mi. =Him r r1V. N W 1M:. 1= 'Ht L\ \-\ \-- r \ - \-' :\ V- "ite--- \(ns Im El Va ion- N.= „ - , s ___ A .. ,.11 - s - ---__ 1112 EN OA r limm ' gii1) -” -S - ■' ■ ----_--- 1- MR \ - \ \ \ \V A V , \ -- , &-)\_"":___- \ c A ." A ._ ___--, _, --,_-____,,\ __ 1,... . — m si 0 u . , - \ ...,.. \ \ Ov%" c, --\ y -- -- <--'' - \ \ 1 , 14 ■ , " c ' c; V \- ; , ,\6- \ \,_____, . .,--- - ., ,,; , __.. .:., b V----- \ \ .- \ 0 __ - A T 1 -- 14. G '11' - ' \\\-■ /\ , 0 0.P.-'- '1 - ' t.„....,,.. ._-- --- : s - o‘ • .00, --._.\---. --,=--- \,---0 - ;--- IA \- \ -- 11..t.\-----\ \ \ _;- \ S A I al. \- ; ' 4j\./0 1‘ -\ \ \ \ \ \ - 0 ' CI\ --*- il .,- --_:_ : 7 [ ,.,....„- -'1--A --'-- .\ — - RI .__ . __ __., _ ___ _ : , ..\ \.\\: , \ \ - — - — c \_ 4, — \ - .s. ._ ._ 111111111 _ , ...._-- ...._ \ , _. EN -N-'-' 1 \ \-- ' ' . 1 -c- - \ - - -\ \-\- , , 11 9 . ■ - -- .. . - (----- -4 . , :k _---- -`. v- : . - — \ _ - \ • ---3. - ___17 . 1 __.-- __ ..--. -.--... "..' '-- \. _:_. ------- - ' ___:..,., _ = „ Ir ii ' .'-\c --\ \ . _."- ----■ V ' V \ J\ - \,-- \ ‘0 1 \ ' - 1 , li ill ...\\ -., .1.6..."- ...., - --- cp,..-- __... ...a ., 1V -'-:< . ■ -V- c . - A \ (:>\ . ,:"-- . \ 1 : _ - :::::, ,i, P.* c( ... ........, V.---- ---'" --' \T 1 '` \--- tr w les ---■-- 1. ill■ ---'.--; _ \ ' ..- -`' - \-- V \ - -- V --- - \- - -- --_, -:- r: -,:: -,------ `--- ' ----\ ' - Ili '''' \._\----- --- --- ■ ___ \_____ _ --"\ -- ....-- 1 1 ---- - I.= -- ,_ s _ so -. -- ___ , ■ _ ....._ ..,. _....--- - ___ _.. el =I ■1 _ mili __\ — 1 inch equals 700 feet Downtown Yakima Business Improvement District (DYBID) dr4 alti ... 11.1,.. EXHIBIT "C" The Downtown Yakima Business Improvement District assessments shall be used to supplement the Committee for Downtown Yakima budget in order that the Committee can continue to provide services toward fulfillment of the following purposes, unless said purposes are modified in accord with Section 2 of the DYBID Ordinance: Clean Services The Committee for Downtown Yakima (hereafter "CDY") shall continue to supplement existing City of Yakima services by adding an additional 7,840 man hours of services throughout the Downtown Yakima Business Improvement District CDY will use the best equipment available to ensure the most efficient approach to dean services. The services provided will include: • Pressure washing of sidewalks - CDY shall keep the new sidewalk features looking sharp by pressure washing them on a regular basis to remove spills, dirt and gum. Further, CDY shall regularly clean all new street features including benches and water fountains. • Weed abatement - CDY shall constantly spray and remove weeds throughout the district • Daily trash removal - CDY shall pan and broom each sidewalk and curb in the district to remove trash and debris through the entire district. • Special Projects - CDY shall work with the City of Yakima and remain flexible to work on special projects that come up each year. • Graffiti . Removal - A service of the CDY Clean and Safe Team will be immediate graffiti removal throughout the entire district from both public and private property CDY's goal will be removal within 24 hours of the graffiti being reported. After receiving a signed waiver from a victimized property owner, CDY's clean team shall remove graffiti from private property at no charge. In the case of areas that receive graffiti damage regularly, CDY will gladly store extra paint to do the work on demand. CDY shall use a combination of chemicals and pressure washing equipment that are sensitive to the various surfaces in downtown Yakima. Safety Services The Committee for Downtown Yakima shall work actively to create a safe environment for visitors, customers and employees through the ambassador program by adding 4,512 annual security hours per year throughout the entire District The program shall be active from April 15 to October 15 each year, seven days a week, eight hours a day The CDY ambassadors shall be on the street from 11:00 - 7:30 p.m. daily Their schedule will vary to accommodate special events and downtown activities. Each ambassador shall be connected through radio and cell phone to respond immediately to any downtown security issue. The ambassadors shall be trained to know local businesses and shall be a point of contact for those downtown users on the street who need help finding businesses and directions. Landscape and Special Projects The Committee for Downtown Yakima shall manage the hanging baskets, flower beds and flower pots throughout the District The cost to maintain these displays and purchase the plants for them annually will come from Downtown Yakima Business Improvement District funds. On a weekly basis, CDY shall deadhead, fertilize and properly maintain the baskets, pots and planting areas to ensure a positive feel and 6 attractive look to downtown Yakima. CDY anticipates spending approximately 30 man -hours per week on this project. The hanging baskets, flower beds and flower pots within the District shall be planted with a variety of flowers during the summer months and re- planted with fall- appropriate plants in .mid September All planting areas throughout the District shall be weeded and mulched. Economic and Business Development The Committee for Downtown Yakima shall continue to work toward attracting new businesses to the District and help retain the thriving business community of today CDY shall do this by continuing to be a knowledge base for all available commercial and office spaces in the Downtown Yakima Business Improvement District and by actively recruiting new tenants. CDY shall also work closely with developers to grow the number of living units available within the District. Marketing/Communication The Committee for Downtown Yakima shall continue to market the changes occurring within the District and shall work to market the Downtown Yakima Business Improvement District to visitors and locals ahlce. • CDY shall continue to operate and expand the CDY website, which averages over 30,000 hits per month and 800 unique visitors. CDY shall work to expand individual listings for each District business to ensure that as many District businesses as possible have an internet presence. These services will only be available to the businesses within the District. • CDY shall continue weekly District email updates to over 500 subscribers to continue to inform the community about events, developments and people in the District CDY shall actively expand this list. • CDY shall publish a bi- annual Downtown Yakima Business Improvement District restaurant guide to be distributed by the business community and the Yakima Valley Convention and Visitors Bureau. • CDY shall publish an annual Guide to Downtown Yakima that will feature listing of all businesses within the District, as well as other features of the District including a calendar of events and a map of the District Advocacy /Leadership/Administration The following is a list of the staff positions required to do the work included in the management plan. All positions listed are full time, year round positions. Executive Director - the Executive Director of the Committee for Downtown Yakima is responsible for all fiscal oversight of all Business Improvement District programs with a major focus on economic development, retail development, residential development and advocacy. The Executive Director shall work to secure additional funding streams to enhance the Business Improvement District resources to provide for special projects that enhance the District. Director of User Experience - the Director of User Experience for the Committee for Downtown Yakima is responsible for all communications, marketing and outreach programs. The Director of User Experience shall manage the website and the production of all marketing materials, including the District shopping and restaurant guides. The Director of User Experience shall also work with the 7 retailers and restaurants within the District to facilitate cooperative marketing and special events. Qean and Safe Team Supervisor - the Qean and Safe Team Supervisor manages all aspects of both the clean and safe teams, including the hiring, motivating and assignment of all clean and safe team members. The Clean and Safe Team Supervisor shall monitor the maintenance conditions throughout the District and create daily assignments to keep the District clean and safe. The supervisor position is a working position. The supervisor shall spend approximately 90% of his time working with the clean and safe team and 10% doing administrative work. Maintenance Foreman - the Maintenance Foreman is responsible for being the clean team's full time leader on the street. The maintenance foreman shall constantly monitor the work of the clean team on a daily basis to ensure quality and shall interact with the District's business community to address solutions to maintenance needs. 8 Exhibit "B" to the Certificate of Mailing of Deborah Moore, which is a copy of the mailing labels listing to whom Resolution No 2008 -114 and Resolution No 2008 -115 were mailed, is on file in the City Clerk's office and available for inspection. MEMORANDUM TO Honorable Mayor Edler, Members of City Council Dick Zais, City Manager FROM Jeff Cutter, Sr Assistant City Attorney DATE June 4, 2008 SUBJ PBIA assessments - religious and non - profit organizations In response to the ongoing efforts of the Committee for Downtown Yakima (CDY) to obtain sufficient downtown property and business owner support for a new downtown Business Improvement District to replace the present PBIA, several local churches have raised objections to the propriety of including religious and non -profit organizations in the assessment plan. The religious organizations are represented in the presentation of their objections by the Yakima Association of Churches and Faith Communities (the Association) In its letter stating the points of objection to inclusion in the BID, three primary concerns have been raised, and are summarized as (1) the Association was not invited to the BID planning sessions, (2) the amounts assessed, although reduced below the standard assessments charged to businesses in the area, will be difficult for the churches and non- profits to afford, and (3) the assessments raise concerns of histoncal and possibly legal issues with regard to the taxation of religious organizations Generally, the Association suggests that participation by religious and non - profit organizations should be on a volunteer basis, not as a specifically determined assessment value as is the case with the other participating businesses in the BID This memorandum is intended to respond to the legal issue raised by the Association, that being the third point stated in the objection statement In order to determine whether any protection from PBIA/BID assessments is provided under state statutory provisions I first reviewed specific RCWs authorizing PBIA's to determine whether any specific exemption is afforded non - profits and/or religious organizations The only provisions within RCW Chapter 35 87A that might have some bearing on the issues raised by the Association are set forth as follows RCW 35 87A.080 provides, in relevant part, "[f]or purposes of the special assessments to be imposed pursuant to this chapter, the legislative authonty may make a reasonable classification of businesses giving consideration to various factors such as business and occupation taxes imposed, square footage of the business, number of employees, gross sales, or any other reasonable factor relating to the benefit received, including the degree of benefit received from parking. (jc)memo /PBIA Religious and 1 Non - Profit Exemption What this section provides is a means by which the legislative body can determine classes or classifications of the varying businesses and establishments within a PBIA area in order to account for varying benefits received by different businesses so that the assessments are commensurate with the benefit conveyed. Therefore, if one type of business utilizes parking much more heavily than another business type within the same PBIA area, the legislative body may establish a classification for the heavy parking type businesses to reflect a higher parking assessment to those businesses, in order for the assessments to be equitable RCW 35 87A 090 provides, in relevant part, "[t]he special assessments need not be imposed on different classes of businesses as determined pursuant to RCW 35 87A.080, on the same basis or the same rate " Again, the legislative authority is given discretion to assess different classes of business establishments in different ways, based upon the varying benefits conferred by the improvements provided by the PBIA. RCW 35 87A.170 provides "[b]usinesses or multifamily residential or mixed -use projects established after the creation of an area within the area may be exempted from the special assessments imposed pursuant to this chapter for a period not exceeding one year from the date they commenced business in the area." This provision is self - explanatory and would only provide relief for a new business locating within the PBIA area for one year, after which time the business would become obligated to participate in the PBIA on the same basis as similarly classified businesses. Beyond these provisions there is no information within the statutes that addresses specific exemptions for particular establishments from the assessment responsibility What can be gleaned from the PBIA Chapter are the consistent references to both the purposes to be served by the PBIA, and to its application to businesses, multifamily residential properties and mixed -use projects within the area. The purposes encompass a list of seven stated objectives represented as follows in RCW 35 87A.010 (1) "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 Sponsorship or promotion of public events which 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 areas, or g. Providing transportation services for the benefit of the area. It is noteworthy that the list of purposes is not inclusive, but rather may be exclusive to any one of the seven specified in the statute Therefore, it may be presumed that if the (lc)memo /PBIA Religious and 2 Non- Profit Exemption establishments within the PBIA area are benefitting from any of the provisions of the PBIA offered therein through the special assessments, then the assessments are reasonably required for those benefits In the case of the City of Yakima's proposed BID, those establishments within the assessed area shall each benefit from the attractive decoration of the public downtown areas, the professional management of the area in the form of attractive appearance, promotion which will bnng visitors that can benefit religious and non - profit organizations as well as retail businesses, and the provision of focused maintenance and secunty, both of which will be conducive to encouraging people to use and attend the area, churches and non - profit organizations included. It is evident that all individuals having places of work, worship or residence within the PBIA area will receive a benefit as a result of the assessments collected for the purposes proposed by the downtown BID The special benefit is what is necessary in order to permit the assessments to be collected Analysis of the propriety of assessing religious organizations and non -profit organizations located within a PBIA should also include review of any court cases that have addressed aspects of the statutes providing the framework for PBIA's in Washington. There have been very few cases that have addressed the provisions of RCW Chapter 35 87A. For this reason, there is very little guidance available from the courts in the form of precedential decisions Review of other cities' ordinances reveals that the only exemption that seems to appear fairly consistently is for properties owned by the federal or state governments, allowing voluntary payment if the government entity chooses to do so It was also discovered by Sean Hawkins at CDY that Seattle has had two legal challenges to religious and non - profit assessments in the late 1990's, I presume at the Supenor Court level since the cases do not appear to be reported, and the court agreed that the assessments were appropriate in each of the cases, pnmarily on the basis that the organizations were property owners and as such, benefited and assessable Seattle does provide a reduced assessment for these organizations, as is the case with Yakima's proposed BID The unreported court decisions in Seattle would not provide precedent for any challenge that might be brought here, but it is useful to be aware of how other courts have resolved the issue In conclusion, it is my opinion, based upon what I have learned from research, interaction with MRSC and information from other jurisdictions on this issue, that the City may asses the religious and non - profit organizations that are located within the proposed BID I believe that these establishments do receive a special benefit as a result of their inclusion within the BID area and as such are subject to participation in the assessment. The Council can choose to allow a reduced assessment if that seems dust and reasonable in light of the benefit received by the organizations, and can classify certain businesses and organizations with respect to what the appropriate assessment rate should be for such classifications (jc)memo /PBIA Religious and 3 Non - Profit Exemption Alan D Campbell West H Campbell James C. Carmody J. Jay Carroll Paul C. Dempsey VI I_I James 5 Elliott Mark E. Fickes Carter L. Fjeld Chad L. Hatfield Tyler M Hinckley Lawrence E. Martin Kevan T Montoya Linda A. Sellers J Michael F Shinn Sara L. Watkins. � ✓ E L I K A !N i E H A L VE R J O N P c. Of Counsel Frederick N Halversor Tc.., C. 5,1 � RECEIVED ArTORNEYS AT L; W CITY OF YAKIMA JUL 0 2008 July 1, 2008 Yakima City Council OP r- ±TNAf# 129 North Second Street Yakima, Washington 98901 RE Yakima Business Improvement District Dear Councilmembers We are writing on behalf of a large number of nonprofit organizations located within the proposed Downtown Yakima Business Improvement District.' These organizations have been an integral part of the community and support the commitment to make the downtown area a welcome, friendly and safe place for both visitors and citizens Each of the organizations has historically shared that commitment with thoughtful maintenance and improvement of their respective properties The primary focus of the charitable and faith based organizations, however, has been the provision of care and service to the poor, needy and underserved populations of our community That service will always be a propriety Yakima Downtown Business Improvement District is designed to supplement essential city services with programs like economic development, graffiti removal, beautification projects and maintaining streetscape enhancements We applaud the commitment but recognize the realistic impact on nonprofit organizations associated with taxation Every dollar assessment taken from the nonprofit is simply a dollar lost to a needed service While the assessments may seem small in some instances, the impact can be significant on the organization Examples of the assessment burden are St. Joseph Church ($4,121 per year), Suntower Retirement Home ($2,541 per year), Yakima Neighborhood Health Services ($1,292 per year), and Triumph Treatment Center ($861 per year) The tax extends to churches and their associated activities As a policy choice, we believe taxation of nonprofits and faith based organizations unnecessarily and unwisely takes dollars from necessary public services Second, the legislative authorization to levy special assessments extends only to "businesses and multi- family residential or mixed use projects within the area." RCW 35 87A.010(2) The term "business" does not commonly include nonprofit, charitable or faith based organizations Webster's Dictionary defines business as "a usually commercial or mercantile activity engaged in as a means of livelihood," or alternatively, as "a commercial or sometimes an industrial enterprise " http Ilwtitw merriam- webster comldictionarylbusiness The Internal Revenue Code Nonprofits represented are First Baptist Church, La Casa Hogar/ akima Interfaith Coalition, People for People, St. Joseph's Church, St. Michael's Church, Sun Towers, Triumph Treatment Services. Vineyard Church, and Yakima Neighborhood Health Services 509 248 6030 • tax 509 453 6880 . 405 East Lincoln • P 0 Box 22550 • Yakima WA 98907 www vhlegal corn Yakima City Council July 1 2008 Page -2 defines business generally to include any activity carried on for the production of income from the sale of goods or performance of services (Treas. Reg. § 1 513 -1(b)) And many nonprofit organizations are exempt from business and occupation taxes RCW Ch. 82 04 It is our opinion that assessments are authorized under the statute only as to "businesses" and multi - family residential or mixed use projects The statutory assessment authority does not extend to nonprofits and faith based organizations Third, the assessment is tantamount to a property tax. A property tax is defined as an "absolute and unavoidable demand" against property and the ownership of property Covell v City of Seattle, 127 Wn 2d 874, 889, 905 P 2d 324 (1995) Under RCW Ch. 84 36, identified charitable, nonprofit and faith based organizations are exempt from property taxes The legislative structure recognizes the inherent impact of taxation and assessments on nonprofit and charitable organizations Each dollar taken by way of tax or assessment is a dollar lost to the provision of public and community services The nonprofit organizations are prepared to continue their commitment to graffiti removal and property beautification. Those efforts, however, should be through their own structures and employees The collective effort will result in the same ultimate benefit — an improved downtown environment. We are requesting that assessments be eliminated for nonprofit, charitable and faith based organizations The statutory authority recognizes that classifications are permitted " giving consideration to various factors such as business and occupation taxes imposed and other reasonable factors RCW 35 87A.080 We appreciate the opportunity to comment. This will also confirm our commitment to work with the City Council in developing a practical and reasonable approach to this important task. Thank you for your consideration. Very truly yours, VELIKANJE HALVERSON, P C J : ES C CARMOD jcc srp S t ' t k 'f'" 1.N ' .. 40 %� ) Committee For Downtown Yakima PO Box 881 Yakima, Wa 98907 July 21, 2008 Attn. Downtown Yakima Property and Business Owners Re. August 6, 2008 Public Hearing For Establishment of Downtown Yakima Business Improvement District (DYBID) and Disestablishment of PBIA #1 On July 15, 2008 the Committee For Downtown Yakima presented signatures to the Yakima City Council showing more than 60% assessed value and business license support for the creation of the new DYBID The DYBID will replace the smaller PBIA #1 that had been in place since 1974 and covered a roughly 20 -block area that surrounded the former Yakima Mall. At the July 15, 2008 Yakima City Council meeting, the City Council voted 7 -0 in favor of adopting a Resolution of Intent to form the new DYBID As part of that intent, a Public Hearing will be held on Wednesday, August 6, 2008 at 7.00 p.m. in the Yakima City Council chambers before the City Council makes their final vote on creating the new DYBID and disestablishing the old PBIA #1. All ratepayers are invited to share their comments and views at this meeting. If you are a business owner and located within the district, you will pay a $100 00 per year fee on top of your City of Yakima business license fee. If you own your building and the business, you will pay both the property-based assessment and the additional $100 per year business license fee. The term of the district is three years and there are two assessments zones in the proposed district. Non - profit corporations and churches will receive a 40% discount off their respective zone's assessment rate. Please refer to the attached resolution for more detail. It's an exciting time to be in downtown Yakima. Downtown has received many compliments on the new look and direction we are headed. The new DYBID will go a long way in preserving the new look, but also touch some new areas that have maintenance issue of their own and provide us strong buy in as we ask for more funds in Olympia for more downtown improvements. We thank you for your interest in this proposal and for supporting our efforts to keep improving Downtown Yakima. Sincerely, ,C_j ,,,_L Sean Hawkins Deputy Executive Director On Behalf of the Committee For Downtown Yakima Board of Directors 49einda 9 Svpp► Committee For Downtown Yakima PO Box 881 Yakima, Wa 98907 July 14, 2008 Mayor Dave Edler City of Yakima 129 South Second Street Yakima, WA 98902 Re: 60% Certification of the New Downtown Yakima Business Improvement District Mayor Edler, This letter will serve as an addendum to the letter the Committee For Downtown Yakima wrote on July 11, 2008 certifying the 60% needed to establish the new Downtown Yakima Business Improvement District. I mistakenly forgot to remove the single - family residences from that base number who are exempt from this process. Single family residents were never intended to be apart of this process and that is reflected in the boundaries of this area that don't include the neighborhoods just north and south of Yakima Avenue between Naches Avenue and 9th Street. The only residences that were intended to be included in this process were multifamily residences that contained four or more units. The majority of the single family residents on are N 7th Avenue or N Naches Avenue. At this time only one of those properties had signed up to be apart of that district. The property owner is Joe Mann and he has been notified of this error in our process. Removing these single - family residents from the process lowers our base number to $215,526 from $217,417 and improves the overall positive percentage to 60 496 %. Please amend the resolution prepared last week to reflect this new number Sincerely, j Sean Hawkins Deputy Executive Director Committee For Downtown Yakima Downtown Yakima Business Improvement Update - 07 -14 -08 Property Owner Name Total J &J Company $ 35 00 Donaldson $ 39 00 Magana $ 42 00 Vance Scriener Investment $ 54 00 Killidesert LLC $ 73 00 Kyle Trustee $ 82 00 Cavanaugh's Hospitality Limited Partnership $ 87 00 Hilliard $ 92 00 Adaptis Inc BL $ 100 00 Assoc Daybreak Property Management BL $ 100 00 Associated Pension Consultants BL $ 100 00 Attic Clutter $ 100 00 B &C Sewing Machine Service $ 100 00 Bank of the West BL $ 100 00 Banner Bank BL $ 100 00 Bob Hall Financial BL $ 100 00 Cafe Melange BL $ 100 00 Capitol Advisors BL $ 100 00 Capitol Theatre Committee BL $ 100 00 Cascade Fire and Safety BL $ 100 00 Cascade Wine Company BL $ 100 00 Catholic Credit Union BL $ 100 00 Central Valley Bank BL $ 100 00 Chartconnect Inc. BL $ 100 00 Community Resource Group BL $ 100 00 Cook Northwest BL $ 100 00 Designts LTD BL $ 100 00 Williams C Donald MD $ 100 00 Effective Communication $ 100 00 Essencia BL $ 100 00 Fisher Consulting $ 100 00 Fosseens $ 100 00 Edelwiess BL $ 100 00 Garden Dance BL $ 100 00 Graphic Label Inc BL $ 100 00 Gray & Osborne $ 100 00 H &H Furniture BL $ 100 00 Inland Lighting $ 100 00 Jan Drenguis MSW BL $ 100 00 Janitor Closert BL $ 100 00 Kameo Flower Shop INC BL $ 100 00 Kana Winery BL $ 100 00 Kiki Restaurant $ 100 00 Kimmel Athletic Supply Company $ 100 00 Larson Berg Perkins BL $ 100 00 Law Office of Thomas Nagle $ 100 00 Les Schwab Tire Center BL $ 100 00 Lightning Graphics BL $ 100 00 Lin Pauls BL $ 100 00 Little Soapmaker BL $ 100 00 Lyon Law Office BL $ 100 00 Massat Winery BL $ 100 00 Moss Adams BL $ 100 00 Patricia Byers BL $ 100 00 Pawn Shop BL $ 100 00 Pechtel BL $ 100 00 Peoples Trendsetters $ 100 00 Pete's BL $ 100 00 Red Lion Yakima BL $ 100 00 A -1 Jumpers $ 100 00 Santiagos BL $ 100 00 Service Group BL $ 100 00 Silverheels BL $ 100 00 Sportscenter BL $ 100 00 State Farm Insurance BL $ 100 00 Stems BL $ 100 00 Sub Shop of Yakima BL $ 100 00 Sunfair Marketing BL $ 100 00 Durrett and Associates BL $ 100 00 Tim Weaver Attorney at Law BL $ 100 00 Tuxedo Place BL $ 100 00 TWL BL $ 100 00 Uptown Plaza BL $ 100 00 URM Cash and Carry #4 $ 100 00 US Bank BL $ 100 00 Vida Rug and Gallery BL $ 100 00 Wardell Architects BL $ 100 00 Wells Fargo BL $ 100 00 Yakima Bears BL $ 100 00 Yakima Bindery BL $ 100 00 Yakima Fed Savings and Loan BL $ 100 00 Yakima Herald Republic BL $ 100 00 Yakima Regional BL $ 100 00 YMCA BL $ 100 00 Buhrmaster Baking Company BL $ 100 00 Keller $ 102 00 Bailey $ 106 00 Bonlender $ 106 00 Luring $ 107 00 Miller $ 108 00 Mabry $ 109 00 Riley $ 121 00 Hahn $ 124 00 Owen $ 127 00 Parrish Family Trust $ 132 00 Yakima Co Coalition for the Homeless YWCA $ 152 00 Central Washington Comprehensive Mental Health $ 158.00 Columbia River Bank $ 161 00 M &L Kirk LLC $ 169 00 Mahre $ 170 00 Rezaie $ 176 00 Brown $ 177 00 Nettleship Family Trust $ 178 00 Pechtel $ 179 00 CFIRE LLC $ 181 00 Joe Mann / Stephenson $ 186 00 Graphic Properties LLC $ 197 00 PPB & SP LLC $ 199 00 Keeter $ 203 00 Napolitano $ 223 00 Dix $ 226 00 Yakima Valley Museum $ 227 00 Ha $ 242 00 Little $ 248.00 Rose $ 252 00 Hellisen Lumber $ 253 00 Cozzocrea $ 255 00 Cheney Sports Incorporated $ 256 00 Noel $ 279 00 Greater Yakima Chamber of Commerce $ 284 00 Vance $ 287 00 The Grand Hotel LLC $ 308 00 Lewis Limited $ 318.00 Newton LLC $ 325 00 Rayner $ 325 00 Standard Paint & Decorating $ 325 00 Hajoca Corp $ 326 00 Connell $ 327 00 Hanley $ 330 00 Grabenstein $ 335 00 Noel Corporation $ 335 00 Peterson , $ 337 00 Seabib Properties $ 349 00 Trick $ 349 00 McCartney $ 365 00 Villbrandt $ 368 00 M &G Property Partners $ 374 00 Semon $ 391 00 United Builders of WA $ 393 00 US Bank Cash Facility $ 401 00 KGB & D LLC $ 422 00 Sportscenter $ 437 00 Capitol Theatre Committee $ 452.00 Yakima Bindery $ 472 00 JEM Properties $ 528.00 Les Schwab Tire Center $ 539 00 Picatti Brothers $ 563 00 Hull $ 576 00 Loofburrow $ 577 00 R &E Real Estate $ 582 00 Harman Management Corporation $ 585 00 Lund Building $ 586 00 John Hass $ 592.00 Hollingberry CA & Cold Storage $ 609 00 Wilson Roger $ 616.00 Central Valley Bank $ 646 00 Steve Zien $ 660 00 Schneider $ 670 00 Larson $ 706 00 Lyon Law Office $ 724 00 Adamson Properties $ 757 00 Chestnut Manor $ 778 00 Yakima National Bank $ 785 00 Kissiing $ 812 00 LADY LIBERTY $ 821 00 DA Arthur $ 824 00 Dick Graf $ 879 00 Bon Lofts $ 899 00 Mills Yakima Properies LLC $ 909 00 Mercy Development Company $ 984 00 Noel Canning Corporation $ 1,002 00 Melotte $ 1,031 00 YMCA $ 1,038 00 Wells Fargo $ 1,052 00 Mach V Properties $ 1,061 00 US Bank Main Office and Drive In $ 1,097 00 Basalt Investment Limited Partnership $ 1,148.00 Yakima Avenue Investments LLC $ 1,164 00 Pacific West Bank $ 1,195 00 Yakima Hospitality LLC $ 1,283 00 Joe Mann $ 1,233 00 Morrier Family Realty LLC $ 1,371 00 UBA TUBA $ 1,387.00 Catholic Credit Union $ 1,420 00 HR Spinner Corporation $ 1,422 00 Yakima Properties $ 1,427 00 Emerald Holdings $ 1,450 00 Naches Hotel LLC $ 1,704 00 Schneider Development Company $ 1,704 00 Yakima Fed Savings and Loan $ 1,977 00 Michelson Packaging Company $ 2,253 00 Sunfair Professional Associates LLC $ 2,265 00 Banner Bank $ , 2,328.00 Larson Building LLC $ 2,367 00 GMRI $ 2,473 00 Key Bank $ 2,532 00 Properties West $ 2,737 00 230930 Inc $ 3,625 00 WCH 807 LLC $ 4,011 00 Yakima Mall Shopping Center $ 4,763 00 Yakima Herald Republic $ 4,890 00 Yesterday's Village $ 9,365 00 Morrier Hotel $ 9,587 00 The Tower LLC $ 9,587 00 Total $ 130,384.00 60.496% Property Owner Parcel Number Location Assessment Anaya 19131912545 11 S 6TH ST 132 Bailey 19131913423 111 S NACHES AVE 106 Hill 19131912441 605 E CHESTNUT 14 Hill 19131912442 15 S 6TH ST 84 Hill 19131912443 13 S 6TH ST 49 Immel 19131921476 114 N 6TH ST 65 Mann 19131921469 207 North Naches Aver 118 Moffit 19131913416 108 S 6th St 73 Pioneer Edu Society 19131834520 215 N NACHES AVE 115 STANOJEVIC 19131834522 211 N Naches Ave 96 WITTLESEY 19131921468 209 N Naches Avenue 83 Ybarra 19131913417 110 S 6th St 113 Allen 18132413484 203 N 7TH AVE 62 CARRILLO 18132414468 110 N 3RD AVE 33 Coleman 18132413480 211 PIERCE AVE 34 Coleman 18132413481 209 PIERCE AVE 41 Coleman 18132413482 207 PIERCE AVE 40 Coleman 18132413483 205 PIERCE AVE 32 CONTRERAS 18132413487 108 N 6TH AVE 25 DAVIDSON 18132413494 111 N 7TH AVE 35 DONALDSON 18132413492 115 N 7TH AVE 39 GARCIA 18132413495 109 N 7TH AVE 48 HENRY 18132413488 110N 6TH AVE 44 JOLLY 18132414466 106 N 3RD AVE 67 MICHAEL 18132413493 113 N 7TH AVE 51 NEGRETE 18132413496 107 N 7TH AVE 39 PINEDO 18132413490 114 N 6TH AVE 44 RAYMOND 18132413486 201 N 7TH AVE 63 SANCHEZ 18132414470 114 N 3RD AVE 46 Total 1791 Committee For Downtown Yakima PO Box 881 Yakima, Wa 98907 July 11, 2008 Mayor Dave Edler City of Yakima 129 South Second Street Yakima, WA 98902 Re. 60% Certification of the New Downtown Yakima Business Improvement District Mayor Edler, On behalf of the Committee for Downtown Yakima Board of Directors, I am happy to inform you that we have reached our goal of getting over 60% of the required signatures to create the new Downtown Yakima Business Improvement District. The signed petitions at the time of this letter represent $130,502, which is 60.051% of the total assessments that will be paid. The total district size would be $217,317 in the first year I have attached a sheet that displays the names of each of the signers and the amounts they would pay under the new Downtown Yakima Business Improvement District. When we began this process, we believed $221,298 would be collected based on the information that we had at the time. Upon starting the process, we began receiving some notes from business owner saying they were not located in downtown, had moved out of downtown or even gone out of business. One property owner, Jobil Properties (Coca Cola on 6th Avenue), sold their property to the Yakima School District, which therefore exempted their three parcels from the process (remember, government does not pay under state law) This ultimately lowered our base number to $217,317 Those petitions that we excluded will be on file by the time of the July 15th City Council meeting as well as all the signed petitions from the entire process. In the early part of this process, we knew the difficulties we would face in getting signatures from certain property owner types and locations throughout the district To this effect, we worked hard to build an assessment methodology that we felt could be as fair as possible. a 40% discount for non -profit property owners and a separate, lower assessment zone for the property owners on both north and south side of Yakima Avenue facing parcels on the "west side" of Yakima Avenue. The district includes a total of 53 non -profit parcels that represent $16,149 in potential annual assessments. There are a total of 487 for profit property parcels that represent a total of $159,974 in potential annual assessments. Finally, there are 416 in $100 business license fees that represent $41,600 in total assessments. The work to get to this point has been a true team effort with a cast of many stepping up to help us gain signatures, provide input on the variety of services needed downtown and, in general, expressing their enthusiasm for the new feel of their downtown and place to do business. Our only regret is we wish we had more time to reach out to more potential rate payers, but scheduling 600 meetings is a tall order for any organization. We thank you for the opportunity to present this to you and the rest of the Yakima City Council and we look forward to the challenges ahead in making our downtown a better place to visit and do business. We also would like to thank the city staff, who provided timely and accurate advice to make sure we conducted the petition process legally and correctly Sincerely, 9 1/ r Jamie Stickel President, Committee For Downtown Yakima Board of Directors BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 1 For Meeting of August 6, 2008 ITEM TITLE. (A) Hearing on and Consideration of an Ordinance of the City of Yakima, Washington, relating to parking and business improvement areas, disestablishing Parking and Business Improvement Area No 1 in downtown Yakima, and terminating special assessments heretofore collected for certain uses and projects within said parking and business improvement area as provided therein, and (B) Hearing on and Consideration of an Ordinance of the City of Yakima, Washington, relating to a Downtown Business Improvement Area, establishing a Downtown Yakima Business Improvement District in the downtown area of the City of Yakima pursuant to Chapter 35 87A RCW; establishing special assessments for certain uses and projects within such Downtown Yakima Business Improvement District, as provided herein; and establishing the time for City Council action to adopt a resolution of intention to disestablish said Downtown Yakima Business Improvement District. SUBMITTED BY Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE. Sean Hawkins, CDY, 225 -2485 Chris Waarvick, 576-6411 SUMMARY EXPLANATION: On July 15, 2008, City Council set this Wednesday, August 6, 2008 at 7 p m., as the date and time of Public Hearing to consider establishing a new Downtown Yakima Business Improvement District (DYBID) pursuant to Chapter 35 87A RCW As part of this action, Council adopted two resolutions expressing the intent to disestablish the old PBIA #1. (Resolution No 2008 -114) and establish a larger, more robust Downtown Yakima Business Improvement District (DYBID) (Resolution No. 2008 -115) The Committee for Downtown Yakima (CDY) is the non - govemmental entity allowed under State Law to represent business interests for certain downtown improvements and activities They proposed to the City Council over 12 months ago to establish more robust maintenance and business promotion programs. CDY has reported that over 60% of assessed value had (Continued on next page) Resolution_ Ordinances 2 Other Mail to (name and address)* Funding Source: Downtown Business Entities APPROVED FOR SUBMITTAL. -� �� City Manager STAFF RECOMMENDATION: Staff respectfully requests that City Council hold the Public Hearings; and, either pass an Ordinance for disestablishing the PBIA #1 and pass an Ordinance for establishing the DYBID or provide staff further direction with regard to the formal legislation and Council scheduling. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Council Downtown Yakima Futures Initiative Committee approved setting the date for the Public Hearing and moving forward on this matter at their June 24, 2008 meeting. COUNCIL ACTION' Agenda Statement re Public Hearings and Ordinances re PBIA #1 and DYBID August 6, 2008 Page 2 signed approval commitments for the proposed new DYBID These signed petitions are available for inspection at the City Clerks office On July 21, 2008, notice of the public hearing was provided by mailing a copy of Resolution No 2008 -115 to 615 assessed parcels and business license holders within the proposed DYBID A signed affidavit of the mailing and the complete list of addresses is available at the City Clerks Office. Notice of the hearing on the proposed DYBID set for August 6, 2008, at 7 p.m., was given as provided in RCW 35 87A.050 The new proposed DYBID is larger in both assessed valuation and area than the current PBIA #1 At the conclusion of the Public Hearing, the City Council may, subsequent to deliberation and amendment approve the attached ordinances disestablishing the current PBIA #1 and establishing the new DYBID; or direct staff to bring the format legislation back for action at a future Council meeting, August 19, 2008 Business Meeting, for example