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Home My WebLink About2007-015 Expanding Boundaries of PBIA No. 1 [Parking and Business Improvement Area]ORDINANCE NO. 2007-15 AN ORDINANCE of the City of Yakima, Washington, relating to parking and business improvement areas, expanding the boundaries of and increasing the assessment rates for the Parking and Business Improvement Area No 1, a parking and business improvement area (hereinafter "PBIA") for certain uses and projects within such parking and business improvement area as provided herein WHEREAS, the City Council of the City of Yakima, Washington ("City"), on March 6, 2007, adopted Resolution No R-2007-30 initiating the expansion of and increasing assessments for Parking and Business Improvement Area No 1 ("PBIA") in downtown Yakima, in accordance with RCW 35 87A.030, 075 and 140; and WHEREAS, through the adoption of Resolution No R-2007-30 the City Council set a public hearing to be held in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA, on Tuesday, April 3, 2007 at 7 00 pm, relating to the expansion of the boundaries of said PBIA, the increase in assessment rates within the existing PBIA and assignment of assessment values within the proposed expansion area, and WHEREAS, a public hearing concerning the renewal of such parking and business improvement area was held on April 3, 2007, Now, Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The City of Yakima, Washington (the "City"), hereby expands Parking and Business Improvement Area No 1 (hereinafter "PBIA") in downtown Yakima, as provided under Chapter 35 87A RCW, for the purpose of assisting trade, economic vitality and livability within the area. The boundaries of the PBIA, including the expansion, are set forth on Exhibit "A" attached hereto and by this reference incorporated herein Section 2. The City hereby increases the special assessment rates for the existing Parking and Business Improvement Area No 1 (hereinafter "PBIA") in downtown Yakima by one hundred percent (100%) and hereby assigns the same increased special assessment rates to the expansion area, as provided under Chapter 35 87A RCW, for the purpose of assisting trade, economic vitality and livability within the area. The boundaries of the PBIA, including the expansion, are set forth on Exhibit "A" attached hereto and by this reference incorporated herein. Section 3 The uses and projects to which the special assessments shall be put are set forth on Exhibit B attached hereto and by this reference incorporated herein The special assessments shall be applied among the various uses and projects set forth on Exhibit B so as to accomplish, as nearly as may be possible, all such uses and projects within the estimated (jc) ord./pbia no. 1 1 budget set forth in Section 4 hereof If the City determines in consultation with the Yakima Downtown Association ("YDA") that it has become impractical or undesirable to accomplish any of such uses or projects by reason of increased costs, changed conditions or needs, alternative uses or projects may be substituted, provided, however, that such alternative uses or projects must include any one or more of the following. (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area, (b) Decoration of any public place in the area, (c) Promotion of public events that are to take place on or in public places in the area, (d) Furnishing of music in any public place in the area, (e) Providing professional management, planning and promotion for the area, including the management and promotion of retail trade activities in the area, (f) Providing maintenance and security for common, public 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 YDA may not substitute any such alternative use or project for those set forth on Exhibit B if, within 30 days of the City's mailing notice of such proposed substitution to all businesses within the PBIA subject to assessments, written objections are received from operators of businesses that would be required to pay more than fifty percent of the proposed special assessments within such PBIA. All such uses and projects shall be supplemental to regular street maintenance provided by the City and shall not displace any services regularly provided by the City Section 4 Special assessments shall be levied against all businesses within the PBIA to provide funds necessary for the purposes set forth in Section 3, which special assessments shall be levied upon the following classes of business and at the following increased rates. Number of Business Assessment Rate Employees* Classification Per Employee 1 — 5 Retail $ 40 00 6 and over Retail 80 00 1 — 5 Service $ 20 00 6 and over Service 40 00 *An employee is defined as any person or combination of persons whose total working hours equal 40 hours per week, i.e , total hours worked by all personnel (including management) in the previous calendar year divided by 52 weeks (average working hours per week) and divided by 40 hours equals average number of employees Fractions of employees 5 or greater will be rounded up to the next whole number (jc) ord./pbia no. 1 7 Section 5 The special assessments described herein will be levied for the remainder of the term of PBIA No 1, as amended herein, following the effective date of this ordinance and then the PBIA will be disestablished The City may then elect to renew such PBIA in accordance with the procedures for forming a new PBIA as established by Chapter 35 87A RCW or any successor statute, if any Section 6 This ordinance shall become effective thirty (30) days after its passage and publication in accordance with law PASSED BY THE CITY COUNCIL this 3rd day of April, 2007 ATTEST /1/At44-a0-1_/ City Clerk Publication Date: 4-6-2007 Effective Date: 5-6-2007 (jc) ord./pbia no. 1 YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING INTENT TO INCREASE THE YAKIMA DOWNTOWN PARKING BENEFIT IMPROVEMENT AREA (PBIA) AND RATES RESOLUTION NO R-2007-30 A RESOLUTION expressing the Yakima City Council's intentto expand the boundaries of and increase the assessment rates for the Parking and Business Improvement Area No 1, a. parking and business improvement area (hereinafter "PBIA"), and fixing a date, time and place for, a public hearing on the proposed expansion of and increased assessment rate for said PBIA. WHEREAS, the Committee for Downtown Yakima (hereinafter CDY) has requested that the Yakima City Council consider expanding the present Parking and Business Improvement Area No 1 (hereinafter PBIA), previously 'renewed and reformed on May 7, 2002 by Ordinance No 2002-26 and fully described in Exhibit "A", (the Initiating Resolution, attached hereto and incorporated herein by this reference) to increase the assessment area of the present PBIA, together with increasing the current assessment rates for businesses located within the present PBIA, in order to provide sufficient funding to fulfill the necessary maintenance, upkeep and safety oversight required therein, and WHEREAS, the area that is being considered as an expansion of the present Downtown Yakima PBIA is geographically adjacent to the present PBIA boundary, the boundaries of said proposed expansion area being East 'A' Street on the north, 7"' Street on the east, Chestnut Street on the south and the east boundary of the present PBIA on the west; and WHEREAS, there have been no previous modifications to the present PBIA. boundaries within the past year; and WHEREAS, the assessment role for the proposed expansion area shall not be greater than ten percent of the current PBIA assessment role, and WHEREAS, the assessment rates for the proposed expansion area would be established pursuant to the requirements of RCW 35 87A.080 and 35 87A.090, together with any other applicable provisions of RCW Chapter 35 87A, and WHEREAS, the current assessment rates within the present PBIA have not been increased since the renewal and reformation of the PBIA in May, 2002 and the current assessment income is insufficient to provide the services the PBIA was established to provide, and - WHEREAS, CDY has requested that the -City Council increase the assessment rates by one hundred percent (100%) within the present PBIA area and establish the assessment rates within the proposed expansion area at the same increased level of assessment in order to provide the funds necessary to accomplish the stated purposes and under the same conditions as exist for the present PBIA, for all businesses within the present PBIA boundaries as well as those within the proposed expansion boundaries, and WHEREAS, the proposed increased rate of assessments shall be levied upon the following classes of business at the following rates: Number of Business Assessment Rate Employees* Classification Per Emplovee 1-5 Retail $40 00 6 and over Retail 80 00 1-5 Service 20 00 6 and over Service 40 00 *An employee is defined as any person or combination of persons whose total working hours equal 40 hours per week, i e , total hours worked by all personnel (including management) in the previous calendar year divided by 52 weeks (average working hours per week) and divided 1 by 40 hours equals average number of employees Fractions of employees equaling 0 5 or greater will be rounded up to the next whole number These proposed assessment rates would be levied upon all businesses located within the present PBIA as well as within the proposed expansion area identified herein, and WHEREAS, the City Council wishes to set a public hearing for consideration of this proposed PBIA expansion and assessment increase, said hearing to be held in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA, on Tuesday, April 3, 2007 at 7 00 pm, Now, Therefore BE IT RESOLVED BY TWE CITY COUNCIL OF THE CITY OF YAKIMA: Tuesday, April 3, 2007 is the date set for a public hearing concerning expansion of the Downtown Yakima Business Improvement Association together with increasing the assessment rates levied therein, said public hearing -to commence at 7 00 pm in the Yakima City Council Chambers, 129 North 2"d Street, Yakima, WA ADOPTED BY THE CITY COUNCIL this 6th day of March, 2007 /s/ David Eder ATTEST /s/ Deborah Moore City Clerk Mailed 3/16/07 2 David Eder, Mayor RESOLUTION NO R-2002- 43 A RESOLUTION of the City Council of the City of Yakima, Washington, declaring the intention of the City Council to renew and re-establish Parking and Business Improvement Area No 1 in downtown Yakima, and resetting a time, date and place for a hearing on the reformation of such parking and business improvement area. WHEREAS, the City Council of the City of Yakima, Washington ("City"), on April 2, 2002, adopted Resolution No R-2002-34 initiating the renewal and reformation of Parking and Business Improvement Area No 1 ("PBIA") in downtown Yakima in accordance with RCW 35.87A.030; and WHEREAS, the City Council also adopted Resolution No R-2002-35 on April 2, 2002, setting a public hearing date to be held at City Hall, Yakima, Washington, at 2 o'clock P.M., on April 16, 2002, relating to the renewal of said PBIA, the proposed uses and projects to be financed within said PBIA, and the proposed special assessments to be levied upon businesses within said PBIA, and WHEREAS, the City Council desires to move and reset said PBIA public hearing date from April 16, 2002 to -2 o'clock P.M;, on -May 7, 2002, and NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of Yakima, Washington, as follows: Section 1 It is the intention of the City Council (the "Council") of the City of Yakima, Washington, to renew and re-establish Parking and Business Improvement Area No 1 for the downtown area of the City, as provided under Chapter 35 87A RCW, for the purpose of assisting trade, economic vitality and livability within the area. The boundaries of the PBIA are set forth on Exhibit A attached hereto and by this reference incorporated herein. Section 2. The uses and projects to which the special assessments shall be put are set forth on Exhibit B attached hereto and by this reference incorporated herein. The special assessments shall be applied among the various uses and projects set forth on Exhibit B so as to accomplish, as nearly as may be, all such uses and projects within the estimated budget set forth in Section 4 hereof. If the City determines in consultation with the Yakima Downtown Association ("YDA") that it has become impractical or undesirable to accomplish any of such uses or projects by reason of increased costs, changed conditions or needs, altemative uses or (U) comm dev pbia nearing reset 4-02pm projects may be substituted, provided, however, that such alternative uses or projects must include any one or more of the following: (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area, (b) Decoration of any public place in the area, (c) Promotion of public events that are to take place on or in public places in the area, (d) Furnishing of music in any public place in the area, (e) Providing professional management, planning and promotion for the area, including the management and promotion of retail trade activities in the area, (f) Providing maintenance and security for common, public area, and (g) Any other purposes that may hereafter be permitted under Chapter 35.87A RCW, as amended, or its successor,statute, if any; and provided further that the City in consultation with the Association may not substitute any such alternative use or project for those set forth on Exhibit B if, within 30 days of the City's mailing notice of such proposed substitution to all businesses within the PBIA subject to assessments, objections in writing are received from operators of businesses that would be required to pay more than fifty percent of the proposed special assessments within such PBIA. All such uses and projects shall be supplemental to regular street -maintenance provided by the City and shall not displace any services regularly provided by the City Section 3 In the event that such PBIA is renewed, special assessments would be levied against all businesses within the PBIA to provide funds necessary for the purposes set forth in Section 2, which special assessments would be levied upon the following classes of business and at the following rates: Number of Business Assessment Rate Employees* Classification Per Employee 1 - 5 Retail $ 20 00 6 and over 1-5 6 and over Retail 40 00 Service Service 10.00 20 00 *An employee is defined as any person or combination of persons whose total working hours equal 40 hours per week, i.e., total hours worked by all personnel (including management) in the previous calendar year divided by 52 weeks (average working hours per week) and divided by 40 hours equals average (U;1 comm dei pbu hearing met 4 -02 -pm number of employees. Fractions of employees .5 or greater will be rounded up to the next whole number Section 4. The total estimated annual cost for the improvements set forth in Exhibit B is $65,000. Section 5 In the event that such PBIA is renewed, the special assessments described herein would be levied every year for six years following the renewal of such PB1A and• then terminated. The city may then elect to reform such PBIA in accordance with the procedures for forming a new PBIA established by Chapter 35.87A RCW or any successor statute, if any Section 6 All persons who may desire to support, object to, or comment on the renewal of such PBIA are hereby notified to appear at a hearing of the Council to be held at City Hall, Yakima, Washington, at 2 o'clock P M., on May 7, 2002, which time and place are hereby fixed for hearing of all matters relating to the renewal of said PBIA, the proposed uses and projects to be financed within said PBIA, and the proposed special assessments to be levied upon businesses within said PBIA. Section 7 The City Clerk is hereby directed to prepare and give notice of such hearing in the manner required by law PASSED by the City Council of the City of Yakima, Washington, at a regular meeting thereof held this 16th day of April, 2002. S/ Mary Place Mary Place, Mayor ATTEST S/ Karen S. Roberts City Clerk Mailed April 19, 2002 (Ik) comm dev pbn heum6 reset 402. pm City of Yakima YDA PBIA Area EXHIBIT A r 1 i s ♦ • 111* 00• * 0 0• * 00 •gs • Her t d N o 0 civil 1, ig COU i* .515`wHouse a * , LibraN veil e= kirne ? Mell eith Ye * "- HB c� m O�t� f wr Yµ,m• 0 parking 'a iii* to`" eok r * *0 0' VPK�M1 W JE Lars° e gld9 PeralnS *0 0 V1 SlP4t1 VJP� 0 GO r is Thre eatPerking `a\ 14. fed rthoUse COU Perking GNEStµs1 s -o' t •• 0 N Office 0 N o 00 00 000 5t s=ors v 0 • • 0 0 Scale - I in = 400ft 0 200 100 City of Yakima, Washington March 28, 2002 City of Yakimw Exhibit B The current Yakima Downtown Association Parking and Business Improvement Area ordinance allows for the following activities (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area, (b) Decoration of any public place in the area, (c) Promotion of public events that are to take place on or in public places in the area, (d) Furnishing of music in any public place in the area, (e) Providing. professional management, planning and promotion for the area, including the management and promotion of retail trade activities in the area, (f) Providing maintenance and security for common, public area, and (g) Any other purposes that may hereafter be permitted under Chapter 35.87A RCW, as amended, or its successor statute, if any; • • ITEM TITLE BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 9 For Meeting of- March 6, 2007 (A) Consideration of a Resolution declaring Council's intent to increase the Yakima Downtown Parking Benefit Improvement Area (PBIA) and rates, and (B) Set Date for Public Hearing on increase in PBIA area and rates SUBMITTED BY Chris Waarvick, Director of Public Works Jeff Cutter, Assistant City Attorney CONTACT PERSON/TELEPHONE. Jeff Cutter, 575-6030 SUMMARY EXPLANATION Pursuant to Council direction from the February 27, 2007 Study Session regarding Committee for Downtown Yakima's proposal to assume maintenance in the downtown area, staff respecffully requests Council's approval of the attached resolution expressing Council's intent to modify the boundaries and rates of the PBIA. Further, staff respectfully requests City Council set April 3, 2007, as the public hearing date required by the RCW (RCW 35 87A.075) The attached map from the 2/27/07 Study Session identifies the area which the Committee for Downtown Yakima (CDY) has recommended to be included into the current PBIA. It is bounded by East "A" Street, 7th Street, Chestnut Street, and Naches Avenue And finally, at the Public Hearing, Council will discuss or hear testimony regarding the increase in the rate for the larger modified area The rate has been proposed to be increased by 100% and would generate an estimated $72,000 This money in addition to the $50,000 from the Parks Division and an additional $50,000 from CDY would generate $150,000 in direct cash capacity for downtown maintenance Resolution X Ordinance Contract _ Other (Specify) 2/27/07 Study Session Packet and Enabling Resolution No. R-2002-43 Mail to (name and address) Funding Source APPROVED FOR SUBMITTAL. 4/.9 City Manager STAFF RECOMMENDATION Staff respecffully requests that Council approve the Resolution declaring its intent with respect to the PBIA and set date of Public Hearing on this matter for April 3, 2007 • BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION RESOLUTION NO R-2007-30 A RESOLUTION expressing the Yakima City Council's intent to expand the boundaries of and increase the assessment rates for the Parking and Business Improvement Area No 1, a parking and business improvement area (hereinafter "PBIA"), and fixing a date, time and place for a public hearing on the proposed expansion of and increased assessment rate for said PBIA. WHEREAS, the Committee for Downtown Yakima (hereinafter CDY) has requested that the Yakima City Council consider expanding the present Parking and Business Improvement Area No 1 (hereinafter PBIA), previously renewed and reformed on May 7, 2002 by Ordinance No 2002-26 and fully described in Exhibit "A", (the Initiating Resolution, attached hereto and incorporated herein by this reference) to increase the assessment area of the present PBIA, together with increasing the current assessment rates for businesses located within the present PBIA, in order to provide sufficient funding to fulfill the necessary maintenance, upkeep and safety oversight required therein, and WHEREAS, the area that is being considered as an expansion of the present Downtown Yakima PBIA is geographically adjacent to the present PBIA boundary, the boundaries of said proposed expansion area being East 'A' Street on the north, 7th Street on the east, Chestnut Street on the south and the east boundary of the present PBIA on the west; and WHEREAS, there have been no previous modifications to the present PBIA boundaries within the past year; and WHEREAS, the assessment role for the proposed expansion area shall not be greater than ten percent of the current PBIA assessment role, and WHEREAS, the assessment rates for the proposed expansion area would be established pursuant to the requirements of RCW 35 87A.080 and 35 87A.090, together with any other applicable provisions of RCW Chapter 35 87A, and WHEREAS, the current assessment rates within the present PBIA have not been increased since the renewal and reformation of the PBIA in May, 2002 and the current assessment income is insufficient to provide the services the PBIA was established to provide, and WHEREAS, CDY has requested that the City Council increase the assessment rates by one hundred percent (100%) within the present PBIA area and establish the assessment rates within the proposed expansion area at the same increased level of assessment in order to provide the funds necessary to accomplish the stated purposes (jc)res/Downtown Yakima. PBIA 1 and under the same conditions as exist for the present PBIA, for all businesses within the present PBIA boundaries as well as those within the proposed expansion boundaries, and WHEREAS, the proposed increased rate of assessments shall be levied upon the following classes of business at the following rates Number of Business Assessment Rate Employees* Classification Per Employee 1-5 Retail $40 00 6 and over Retail 80 00 1-5 Service 20 00 6 and over Service 40 00 *An employee is defined as any person or combination of persons whose total working hours equal 40 hours per week, i e , total hours worked by all personnel (including management) in the previous calendar year divided by 52 weeks (average working hours per week) and divided by 40 hours equals average number of employees Fractions of employees equaling 0 5 or greater will be rounded up to the next whole number These proposed assessment rates would be levied upon all businesses located within the present PBIA as well as within the proposed expansion area identified herein, and WHEREAS, the City Council wishes to set a public hearing for consideration of this proposed PBIA expansion and assessment increase, said hearing to be held in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA, on Tuesday, April 3, 2007 at 7.00 pm, Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. Tuesday, April 3, 2007 is the date set for a public hearing concerning expansion of the Downtown Yakima Business Improvement Association together with increasing the assessment rates levied therein, said public hearing to commence at 7 00 pm in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA ADOPTED BY THE CITY COUNCIL this 6th day of March, 2007 /S/ David Edler ATTEST /s/ Deborah Moore City Clerk (jc)res/Downtown Yakima. PBIA 2 David Edler, Mayor • • Yakima City Council Study Session February 22, 2007 To Honorable Mayor and City Council Members Dick Zais, City Manager From. Subject: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager Presentation from Committee for Downtown Yakima regarding proposal to expand the Parking Benefit Improvement Area (PBIA) and a contract to maintain the Central Business District (CBD) The Committee for Downtown Yakima, chaired by Doug Picatti, will be presenting a Power Point presentation at your study session showing an analysis of the current PBIA, the need for expansion, the rules governing the change, and the Committee's recommendations The Committee for Downtown Yakima is comprised of the following Board of Directors. • Doug Picatti Picatti Brothers • Craig Rath Valley Brook Construction • John Baule Yakima Valley Museum • Joe Mann Ron's Com and Books • Jamie Stickel Yakima Herald -Republic • Kathy Coffey Visitors and Convention Bureau • Jack Cannon Design Ltd. • Liz McGree JEM Development • Monica Weyhe Yakima Regional Library • Mike McMurray Yakima Bears • Barbara Greco For a Better Tomorrow • Mike Morrisette Chamber of Commerce • Dave Picatti Cafe Melange • Norm Johnson City Council Member • Dick Zais City Manager • Steve Gibson Urban Place Consulting Attachment "A" is the Committee's 2007 Draft Work Plan. It entails four major work categories. I. Economic Development II. Communication III. Improving the User Experience IV Developing Long -Term Funding The focus of the February 27, 2007 Study Session is on two categories. III Improving the User Experience A. Maintenance Implement a downtown maintenance and beautification program throughout the core of downtown, and IV Developing Long -Term Funding A. PBIA renewal and expansion. Work with the downtown property owners and businesses to develop consensus for renewing and expanding the current Parking and Business Improvement Area (PBIA) The other categories in the 2007 draft Work Plan will be presented at later Council sessions. Downtown Maintenance The Parks and Recreation Division has provided the maintenance and landscaping for the 16 -block Central Business District (CBD) Revenues from the parking lot stations provided the support for this work function Up until eight years ago, a private contractor was responsible for maintenance functions in the core downtown. During that time there were a number of issues with the quality of service and the cost for service, and, when the contract ended, the project was transferred to the Parks and Recreation Division. At that time there was sufficient money to cover the City's operational cost for maintenance That is not the case today Attachment "B" is a Policy Issue/Council Information Item addressing maintenance considerations for the downtown. With the Downtown Yakima Futures Initiative project under way, steps need to be taken to maintain the beauty and aesthetics of the downtown area, now and in the future As the Policy Issue/Council Information Item states, staff recommends contracting out all maintenance and landscaping functions Furthermore, staff suggests that the privatecontract be managed by the Committee for Downtown Yakima (CDY) In the 2007 Parks and Recreation budget, $50,000 is allocated under professional services to contribute toward that contract. (Note The City has the legal option to negotiate a contract with CDY, or to call for other competitive proposals for this professional services- contract. However, since this work is not a public works project, formal, competitive bidding is not required.) Attachment "C" is a map showing the future build -out and the magnitude of the project and the enhanced areas to maintain in future years. Attachment "D" is a letter from Bob Busse, Chair of the Parks and Recreation Commission, expressing support and concern toward the future responsibility of maintenance of the downtown. The Parks and Recreation Commission is concerned that if additional duties are required of Park Maintenance staff without appropnate revenues to offset expenditures, then maintenance in all other parks will suffer • • • • PBIA Renewal and Expansion Urban Place Consulting Group Inc. has worked closely with the Committee for Downtown Yakima to analyze the current downtown funding structure, the future needs of the downtown, and options for expansion of the PBIA area. Attachment "E" is a copy of the Power Point presentation that will be shown at Tuesday's meeting. As the Committee will discuss with you, they are recommending your approval to expand to Area "C" for increased assessments of $3,252 annually, increase current assessment rates 100% to generate an additional $72,184 annually, and to contract with the Committee for Downtown Yakima to administer operation of the downtown area including maintenance. Staff Summary Staff respectfully recommends the following: 1) That the City Council accepts the recommendations of the Committee for Downtown Yakima and asks them to. A. Secure business community support to expand the expansion of the PBIA area. This would include approaching affected businesses, and petitioning the .City Council to conduct necessary public hearings for the Council to consider legislation that expands the PBIA area. B Secure business community support to increase assessment rates by 100% This would generate an additional $72,184 annually Implementation would include contacting PBIA businesses to seek support and to petition the Council to conduct a public hearing, and consider legislation to increase assessment rates. 2) Pursuant. to the above, direct City Management to negotiate a contract with the Committee for Downtown Yakima to perform all maintenance and landscaping duties in the downtown core This would include working with City Legal, the Parks and Recreation Division and the Purchasing Division to develop a scope of work, performance measures, and contract language to assist the Committee for Downtown Yakima in seeking a contractor to provide needed services. Additional Attachments Attachment "F"— Minutes from the January 24, 2007 meeting of the Council Economic Development and Downtown Futures Initiative Committees. Attachment "G"— State statute governing the formation, implementation and management of a PBIA. 400 200 0 400 Feet Downtown Yakima Futures Initiative Attachment "C" North Front Street:? �iP•`S Historic District r East Yakima Avenue • • • Attachment "A" Committee for Downtown Yakima Downtown Yakima Foundation 2007 Draft Work Plan Operation Downtown Kenaissance "To lead and implement the renaissance of downtown; making it the premiere gathering place of central Washington." Core purpose of the Committee for Downtown Yakima January 31, 2007 Urban Place Consulting 1 Creating the Environment for Investment in Downtown The proposed work plan for 2007 builds on the 2006 work plan and continues the work in the three crucial elements, economic development, communication and improving the downtown user experience Each of these elements is crucial to achieving the goal of making Yakima the Premier Gathering Place of Central Washington The work plan defines specific programs to be implemented within each of the elements. The main difference between the 2007 work plan and 2006 is the shift of emphasis and priority from communication and improving theuser experience to economic development. Also a new area of work was added focusing on developing long term funding sources. 2007 WORK PLAN IN SUMMARY 1. Economic Development A. Strategic Development Implementation Plan: Develop consensus and support among public and private stakeholders to implement the plan B. Retail Develop programs to support existing Downtown retail Develop strategic retail implementation plan to attract new retail to Downtown C. Office. Develop programs to support existing office tenants and attract new office tenants to Downtown. Retain public uses City/County/State in Downtown D. Residential Core Facilitate the rehabilitation of upper floors in existing buildings to residential use. Facilitate new dense residential development on existing vacant downtown sites. Work to remove barriers and attract financial resources. F. Residential Neighborhood: Work with City and property owners to focus available resources on improving the downtown neighborhoods Create a demonstration block and if necessary Downtown Yakima Foundation to act as a non-profit developer 11. Communication Develop consistent communication on many levels to overcome the negative perception of Downtown and to communicate the positive change, the Renaissance that is occurring in Downtown Urban Place Consulting 2 O O • III. Improving the User Experience A. Maintenance: Implement a downtown maintenance and beautification program throughout the core of downtown B. Safety' Develop programs and resources to focus on downtown safety issues Create a safe environment that will overcome the negative perception and will attract users and businesses back to downtown C. Parking: Assume responsibility for parking in the downtown core, including management, maintenance and improvements Establish Downtown Parking Authority and Downtown Parking Enterprise Fund D. Physical Environment: Create a pedestrian friendly experience that attracts users to gather in downtown and connects the convention center to all the downtown attractions. C. Access Improve automobile circulation to and within downtown Increase on street parking options. D. Community Gathering: Facilitate and encourage more community events in Downtown IV. Developing Long Term Funding A. PBIA Renewal and Expansion: Work with the downtown property owners and businesses to develop consensus for renewing and expanding the current Parking and Business Improvement Area. B. State B&O Tax Program: Achieve certification of the Committee for Downtown Yakima and Downtown Yakima as qualified participants in the State Main Street Program B&O tax rebate C. Grant and Foundation Funding: Explore the possibilities of accessing grants and foundation funding to finance programs. Urban Place Consulting 3 2007 WORK PLAN IN DETAIL I. Economic Development A. Retail Development Programs 1 Retain and strengthen existing retail a. Form Downtown Retail Subcommittee, of the Committee for Downtown Yakima, to encourage retail business participation in creating and implementing retail support programs b Create downtown business directory (see communication plan) d. Improve and update retail page on web site (see communication plan) d Support the creation of more downtown events. Improve the linkage between events and downtown businesses e. Create co-op marketing opportunities for downtown businesses. f Identify existing barriers or issues facing retail businesses and develop programs to address the issues. 2. Develop new retail in downtown a Develop strategic retail implementation plan to attract new retail to downtown b Update database of properties that provide retail space, track occupancy rates. c. Proactively recruit new retail businesses to downtown. B. Office Development Programs 1 Develop programs to address the needs of tenants and office workers based upon a survey and inventory of office tenants currently in downtown. 2. Work with the County to a Retain existing County uses in downtown b Create a development plan for County property in downtown 3 Update the database of properties that provide office space, track Qccupancy rates. 4 Develop program to proactively recruit new office tenants to downtown C. Core Residential Development Programs 1 Develop upper floor residential a. Sponsor a residential development seminar bringing outside experts and local property owners and developers together b Work with the City to define issues and barriers to rehab construction and develop programs to address the issues. c. Create a demonstration project. d Identify funding sources _ Urban Place Consulting 4 • 0 • • • 2. Facilitate the development of a residential master plan for downtown a Identify potential development sites. b Create development guidelines for new development D. Residential Neighborhood Development 1 Develop a partnership with the City to focus resources on the downtown neighborhoods 2. Identify public and private sources of funds to invest in the neighborhoods 3 Create a property improvement program for owners. a. Low interest/grant loan program b Architecture/construction consulting program Proactively seek developers and owners to work in downtown neighborhood II. Communication Communication Programs 1 Media Relations a Press releases b Media kit c. Write and place stories 2 Monthly Update a One page b E-mailed c. Board and close friends 3 Quarterly Newsletter a. Two pages, probably grow to four pages, grow to by -monthly b Continue partnership with Yakima Herald & hand delivered c. Board, City/County employees, elected officials, downtown businesses, downtown property owners 4 Speaking Circuit — on going a. Service Clubs b Non-profit boards c. Business meetings 5 Web Site — Continue improving and updating a. Home page b What's happening downtown page c. Directory of businesses and services page d Economic development page e Links to other doWntown organizations 6 Business/Services Directory 7 Downtown Annual Meeting 8 Market/Opinion Research 9 Market/Facilitate Special Events Urban Place Consulting 5 III. Improving the Downtown User Experience A. Maintenance Programs 1 Develop and manage year round downtown maintenance program 2 Develop and implement downtown landscape and beautification program B. Safe Programs 1 Seasonal Ambassador Program 2 Encourage and support the police department in its efforts to expand its force 3 Encourage community policing/walking patrol downtown C. Pedestrian Experience Physical Improvements 1 Support the Downtown Futures Initiative and its expansion to the Westside 2 Work to improve all aspects of the pedestrian experience a Inventory existing conditions b Create a data base with those conditions and begin reporting to appropriate city departments for repair 3 Improve the pedestrian lighting in Downtown a. Inventory lighting on the sidewalks, alleys and parking Tots. b Work to Increase lighting where necessary c. Encourage up -lighting of historic buildings and lighting inside businesses. d Investigate granting and other funding sources with local utility company 4 Increase the number of sidewalk dinning venues 5 Facade Improvement Program a. Work with City agencies and historic preservation and downtown property owners to encourage more facade improvements D. Community Gathering Programs 1 Work with other organizations to facilitate the creation of new events in downtown 2. Work with existing event producers to grow and expand the current line up of events 3 Act as a liaison between event producers and public agencies to streamline event production D. Parking/Access Programs 1 Assume responsibility for daily management of parking in downtown 2 Transition YDA to a Downtown Parking Commission 3 Establish Downtown Parking Enterprise Fund in City budget, retain parking revenue for parking improvements. 4 Work with City agencies to reduce the number of one way streets in downtown Urban Place Consulting 6 • • O • • • IV. Developing Long Term Funding D. PBIA Renewal and Expansion: Work with the downtown property owners and businesses to develop consensus for renewing. and expanding the current Parking and Business Improvement Area. E. State B&O Tax Program: Achieve certification of the Committee for Downtown Yakima and Downtown Yakima as qualified participants in the State Main Street Program B&O tax rebate F. Grant and Foundation Funding: Explore the possibilities of accessing grants and foundation funding to finance programs. Urban Place Consulting 7 Staffing In order to implement the above programs the following professional staff will be in place Interim Executive Director, Steve Gibson & Rena Leddy Urban Place Consulting will continue to fulfill the role of executive director although at a reducing rate over the next 12 to 18 months. Urban Place will continue to guide the implementation of the downtown vision as well as lead staff development and funding development. It is the goal of Urban Place to develop the staff and funding to a level that will allow the Committee and its programs to continue to grow without the on going involvement of Urban Place. Deputy Executive Director, Sean Hawkins The Deputy Executive Director has experience in working with property owners, developers and real estate professionals. The Deputy Executive Director will take the lead in further developing City and County partnerships. The Deputy Executive Director will be responsible for leading all elements of the Economic Development work plan including • Retail Development • Office Development Residential Core Development • Neighborhood Development In addition the Deputy Director will work closely with the Director of User Experience and the Urban Place staff to implement elements of the Improving the User Experience work plan and Communication work plan. It is expected that the Deputy Director will become the Executive Director within 9 to 18 months. Full time, on site Director of User Experience, Mandl Ellison The Director of User Experience has experience in communications, marketing and promotions including the development of professional -quality promotional materials and securing relationships with media personnel. The Director has excellent public speaking, computer, writing, and communication skills, The Director will be responsible for the following elements of the work plan. • Developing the User Experience, Maintenance, Safety, Pedestrian Use • Communication — All aspects, across all elements of the work plan • Community Gathering • Retail Subcommittee, retail support programs In addition the Director of User Experience will work closely with the Development Director and the Urban Place staff to implement elements of the Economic Development work plan Full time, on site Urban Place Consulting 8 0 • • • Attachment "B" Council Information Item Memorandum September 27, 2006 To: Honorable Mayor, Council Members, and City Manager From. Chris Waarvick, Director of Public Works Subject: Maintenance Considerations for the Downtown The Downtown Yakima Futures Initiative project improvements are in the final stages to boldly renew the City's pedestrian ways in the heart of Yakima. In addition to the "Vivid" themed sidewalks, pedestrian light fixtures, landscape, and other architectural improvements, vital safety components were added earlier this year to help handicapped access to sidewalks in Downtown Yakima. To maintain the beauty and aesthetics of the downtown area, Public Works is proposing to contract out the maintenance functions. The private contract would be managed by the Yakima Downtown Partnership The City would assist the Yakima Downtown Partnership in identifying tasks and standards for maintenance. Options for funding the cost for the ongoing maintenance, of which staff has projected to be approximately $150,000 per year, are as follows: Option 1. Increase Business License Fees. It is proposed to increase business license fees by 20% in 2007 This would generate an additional $100,000 in revenue. The last increase in Business License fees was in 1987 Option 2: Increase In Lieu Tax on City Utilities. It is proposed to increase 1/2 of 1% In Lieu Tax to generate additional revenue for maintaining the downtown. Currently, In Lieu Tax is 14%. This increase would bring in approximately $135,000 Option 3: Establish a PBIA for Downtown Maintenance. The formation of a PBIA for maintenance and operational support is a third option for Council consideration. The formation of the PBIA would need to be designed to generate $100,000--$130,000 a year in revenue to sustain maintenance activity Option 4. Continue Maintenance by Public Works with No Additional Revenue Stream. This option would result in reduction of services in Parks and Streets. It would still be recommended that the downtown maintenance be contracted out to the private sector Option 5 Seek Community Volunteers. This option includes recruitment and supervision of community volunteers to maintain the downtown. 2007 MAJOR POLICY ISSUES/ SUPPLEMENTAL BUDGET REQUESTS DEPARTMENT: Public Works DIVISION: Parks and Recreation POLICY ISSUE TITLE: Maintenance of the Central Business District $50,000 — Budgeted $100,000 — Non -Budgeted 1. Proposal - The Parks and Recreation Division has provided the maintenance and landscaping for the Central Business District (CBD) Revenues from the parking lot stations provided the support for this work function. However, revenues from this source have been declining for a number of years (see attached chart) With the redevelopment of the downtown, it is important to look at what other options might be available for funding and providing the service to the expanded and upgraded downtown area. The attached memo discusses options for Council consideration. 2. a. Fiscal Impact — $50,000 Budgeted $100,000 Non -Budgeted b. Proposed Funding Source — Five options have been identified for Council consideration (see attached memorandum.) c. Public Impact - Maintaining the beauty and aesthetics of the downtown is vital to the public and community d. Personnel Impact — N/ A e. Required Changes in City Regulations or Policies — N/A f. Legal Constraints, if applicable — N/ A j. Viable Alternatives — To continue to have the Parks Division maintain the downtown without additional revenue. 3. Conclusion and/or Staff Recommendation — To have Council recommend an option to create a continued revenue source for maintaining the downtown. 0 • 0 • Downtown Landst. •g Policy Issue Maintenance of the Central Business District and Expanded Area to include 9th Street to 10th Avenue—Lincoln to Walnut • Public Works provides daily/weekly services to the Central Business District (16 Block area). The following chart shows current tasks being performed by City crews. With the expansion and redevelopment of the downtown, additional tasks will be necessary beginning in 2007 They are shown on the following chart: Additional Additional Additional Additional Parks Division New Features Refuse Division New Features Street & Traffic Operations Division (16th Avenue, 18th Street Lincoln and Spruce) New Features Transit Division Drinking fountains Current Tasks • Current Tasks • Current Tasks • Current Tasks • Litter Control • Garbage Containers at no cost • Empty Refuse Containers • Regular Bus Route • Graffiti Removal • Clean -Up -Illegal Dumping • Blowing, Sweeping Litter • Benches and Shelters • Snow Removal in Parking Lots in Downtown and Alleys • DOC Crew (occasionally) and ADA ramps on sidewalks • Special Event Support • Christmas Decorations • Landscaping including: • New Signs Irrigation • Street Sweeping Planting • Street Snow Removal Weeding • Pick up Snow when required Pruning • Special Event Support • Special Event Support • Parade Traffic Control • Sweeping Lots • US Flags With the expansion and redevelopment of the downtown, additional tasks will be necessary beginning in 2007 They are shown on the following chart: Downtown Landscaping Policy.doc Additional Additional Additional Additional New Features: New Features New Features New Features • Drinking fountains • Lights --Trees • Additional Benches • Hanging Baskets • Banners • Planters Downtown Landscaping Policy.doc Central Business District Maintenance Budgeted Costs Versus Budgeted Revenues $70,000 '- $60,000 -----------9.-J, $50,000 N �- ` —=--- �1 •/ •‘ $40,000 . $30,000 \ $20,000 $10,000 it.. $0 2001 2002 2003 2004 2005 2006 2007 Maintenance Cost $63,074 $59,459 $62,640 $57,813 $51,905 $48,911 $50,000 —• -II- Revenue $50,000 $36,000 $62,700 $45,000 $7,298 $2,500 $2,500 • CML DIVISION Helen A. Harvey Sofia D Mabee Jeffrey R Cutter Phone. _ (509) 575-6030 CITY OF YAKIMA - LEGAL DEPARTMENT 200 S 3rd St., Yakima, WA 98901-2830 Raymond L. Paolelle, City Attorney FAX. (509) 575-6160 CRIMINAL DIVISION Cynthia Martinez Mary B. Smith Bronson Faul Lacy W Heinz Phone (509) 575-6033 • TO' FROM: DATE. SUBJECT MEMORANDUM Chris Waarvick, Bill Cook, Denise Nichols, Michael Morales Jeff Cutter, Sr Assistant City Attorney September 26, 2006 Downtown Maintenance Policy Issue I was asked to research whether or not a Parking and Business Improvement Area (PBIA) could be utilized for the purpose of maintaining and operating the downtown area,, particularly with regard to the areas of recent significant improvements. In conjunction with that request, I was also asked to determine on what basis PBIA's can be apportioned The following information is provided as a response to those questions The short answers to the two primary questions are (1) YES, a PBIA may be formed for the purpose of providing maintenance and operational support, and (2) that PBIA's may be based upon numerous factors, including but not limited to B&O taxes imposed, square footage of the business, number of employees in the business, gross sales or any other reasonable factor relating to the benefit received from the assessment. The statutory support for these answers is summarized below RCW 35 87A.070 sets forth the law as it relates to PBIA's. RCW 35 87A.010 (1) identifies the specificpurposes for which a PBIA may be formed, as well as what is required to support such formation The cited provision states that all incorporated cities are authorized To establish, after a petition submitted by the operators responsible for sixty percent of the assessments by businesses and multifamily residential or mixed-use projects within the area, parking and business improvement areas, hereinafter referred to as area or areas, for the following purposes. (f) [p]roviding maintenance and security for common, public areas, Chapter 35 87A further describes the specific process by which a PBIA may be formed, from the initiation of the process by resolution or petition to a subsequent resolution of intent to establish the area that states the time and place of a public hearing on the issue and ultimately to the presentation of an ordinance authorizing the proposed PBIA. • • • • West Yakima Avenue East Yakima Avenue North Front 2 sides of the street @ 1,400 feet each = 2,800 feet 2 sides of the street @ 800 feet each = 1,600 feet 2 sides of North Front Street @ 250 feet each = 500 feet 1 side of Yakima Avenue @ 200 feet = 200 feet TOTAL 5,100 feet Parking and Business Improvement District 1 side of MILK Blvd. @ 800 feet = 800 feet 2 sides of A Street @ 800 feet = 1,600 feet 2 sides of Yakima Avenue @ 800 feet = 1,600 feet 2 sides of Chestnut @ 800 feet = 1,600 feet 1 side of 1st Street @ 1000 feet = 1,000 feet 2 sides of 2nd Street @ 1,000 feet = 2,000 feet 2 sides of 3rd Street @ 1,000 feet = 2,000 feet 2 sides of 4th Street @ 700 feet = 1,400 feet 1 side of Naches Avenue @ 1,000 feet = 1,000 feet TOTAL 13,000 feet + four public parking lots • • DEPARTMENT OF PUBLIC WORKS PARKS & RECREATION DIVISION 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6020 • Fax (509) 575-6238 January 24, 2007 "THE BENEFITS ARE ENDLESS" To. Jamie Stickle, Yakima Downtown Association Craig Rath, Committee for Downtown Yakima Attachment "D" The Parks and Recreation Commissioners join the community in celebrating the Downtown Yakima Futures Initiative improvements that have occurred on Yakima Avenue. The new street hghts, sidewalk paving, planters and other amenities are beautiful and have transformed our main street into an attractive thoroughfare. We are eager to see what happens next. Our pleasure, however, is somewhat tempered by deep concern for the upkeep and maintenance of the new landscaping. The new plantings will be more extensive when completed than we had originally imagined and while, like you and others, we want downtown to be as beautiful as possible, we are apprehensive about how that will be ensured. In the past Parks and Recreation has been responsible for the 16 blocks in the downtown core. The Futures Initiative, however, adds 129 new trees, 113 planters and 164 hanging baskets along Yakima Avenue from Ninth Street on the east to the railroad tracks on the west. It is clear maintenance will be intensive and expensive. The city's 2007 budget estimates this will cost $150,000 for just the first year Parks and Recreation's 2007 budget includes $50,000 for maintenance of the Central Business District and a suggestion to use this money for contracting out this function. However, two thirds of the estimated upkeep costs remain unfunded and spring is just around the corner Adding to our concern is our commitment and resolve to protect, maintain and operate our city's parks and recreational facihties according to the standards to which Yakima has become accustomed. Our fear is that without estabhshment of adequate funding for the downtown area, Parks and Recreation may be pressed for more than the budgeted $50,000 — either in dollars or in manpower, neither of which is in abundance To provide any additional services or resources for the central business district, Parks and Recreation would be forced to divert workers or dollars from the more than 300 acres of currently maintained parkland and facilities thus eroding the fitness of the system of parks that serve the community Our purpose in writing this letter is to ask that you move the issue of maintaining the improvements on Yakima Avenue and in the downtown core to the top of your agenda. We FOR COUNCIL INFO ONLY _C DATE Athletics 575-6020 • Aquatics 575-6046 • Community Enrichment 575-6020 • Fisher Golf Cour 575 075 • Park Maintenance 575-6020 • Senior Citizen Center 575-6166 • Tahoma Cemetery 575-6026 Yakim; ES battle '1111 1994 urge you to work with the City of Yakima to determine an adequate funding source for this newly improved community asset. As advocates for and guardians of Yakima's parks, we cannot understate the importance of your moving forward on this issue m a timely fashion so that resources will be in place in time for the early spring work that will need to begin in a few short months. Again, it is gratifying and exciting to see the progress that is underway and, like you and the rest of the community, we look forward to seeing what is yet to come — especially the beautiful and colorful landscaping that will line Yakima Avenue beginning this summer Yours truly, Robert J Busse Chairman, Yakima Parks and Recreation Commission c: Yakima City Council Dick Zais, City Manager For a Better Tomorrow • O • • • Committee for Downtown Yakima PBIA Analysis & Recommendations Summary of Presentation to Council Committee February 27, 2007 LIRBAN PLACE Co -vitt- Gro -up In. PBIA Expansion Analysis Understanding The Need • Needs - a consistent approach to: — Yakima Avenue Streetscape Maintenance Overall Downtown Maintenance — Downtown Security — Parking Lot Maintenance & Security — Downtown Beautification Projects • Need to Create Downtown Yakima Clean and Safe Team • Need for Consistent Downtown Funding e a • PBIA Expansion Analysis Current Situation • Current 2006 PBIA Total Assessment Revenue Projected to be $32,840 —Assessment rates unchanged since 1974 • Three Issues to Address —Change in assessment rates —Change in PBIA boundary — PBIA Sunsets in 2008 • Rules Governing Change • Changes in Rates RCW 35.87A.140 — "Changes may be made in the rate or additional rate of special assessment as specified in the ordinance establishing the area, by ordinance adopted after a hearing before the legislative authority." • Changes in Boundary RCW 35.87A.075 — "The legislative authority may modify the boundaries of a PBIA by ordinance, adopted after a hearing before the legislative authority. A modification may not affect an area with a projected assessment fee greater than 10% of the current assessment role." .Properties -Eitf.t#'90,.$trqt PBIA Expansion Analysis —Area C • Area 'C' Summary: —Project Assessment Revenues = $3,252 —Current Employment = 301 • • • PBIA Recommendations • Approve Expansion Area C for Increased Assessments of $3,252 Annually —Proposed Area C Expansion Below Legislative 10% Threshold of $3,284 • Increase assessment rates 100% — New annual PBIA assessment = $72,184 • Contract with Committee for Downtown Yakima to administer operation of area • Formal renewal and further expansion of PBIA in 2008. Add areas A, B, D, E Recommendations Continued • Contracts to administer operation of PBIA area RCW 35.87A.110 — "The legislative authority may contract with a chamber of commerce or other similar business association operating primarily within the boundaries of the legislative authority to administer the operation of a parking and business improvement area, including any funds derived pursuant thereto" e e e • • • Recommendations Continued • Funding Downtown Clean & Safe Efforts — PBIA (by contract to CDY) $ 70,000 — Parks Dept Budget (to CDY) $ 50,000 —CDY Budget Programs $ 50,000 — CDY Budget Management $ 23,000 Total $193,000 • Managing Downtown Clean & Safe Efforts —Committee For Downtown Yakima (CDY) Vision For CDY Downtown Leadership & Management Organization Grants City/FederaVState PBIA Assessments Funding Sources Stakeholder Contributions Main Street / B&O Tax Credits Earned. Income Parking Management s„cawctlacs, i,'}.o �Z{i6..; 96Mi�3:iu":.CFf.1�: {.6�:�'u r Meeting Minutes For Downtown Yakima Futures Initiative Committee of the City Council January 24, 2007 Council Committee Members Present Bill Lover, Chairman Norm Johnson Ron Bonlender Attachment "F" After a brief Economic Development Committee Meeting, the DYFI business agenda began. Chris Waarvick briefly discussed the status of Phase 1 of the project and Bob Degrosellier discussed the status of Phase 2 Design and Critical Path scheduling. The Council Committee requested that strain poles be incorporated into the design for banners across Yakima Avenue at 7th Avenue. The next order of business was reviewing with Council the Committee for Downtown Yakima's (CDY) parking management proposal. No action or recommendation was taken at that time. The next item of discussion was CDY's maintenance proposal for the downtown area. Council committee members requested that this maintenance issue be brought forward to the full Council at a subsequent study session. •ouncil members discussed the importance of business and property owners being contacted and informed about the parking and maintenance proposals. 1/1( S -31G7) Bill Lover, air DYFI Committee of Council r 35.84.060 y acquire,. construct, eittend, oWn; or° gperate''suc'ht urban public transp on system to •any point or paints not .to„exceed .fifteenwit?ile8 p(} a1@.!.p' corporate limits: PROVIDED, That 'no municipal corporation shall 'extend urban public transportation system beyond' its corporate limits to operate in any territory .already served' by 0 privately operated auto. transportation, company holding a certificate ofpublic convenience and necessity from the utilities and transportation eonuiiission. " As a condition of receiving state funding, the municipal ,corporation shalt submit a maintenance management plan for certification by the transportation commission or its successor entity The plan must inventory all transportation system assets within the direction 'and control of the miunicipality, and provide a preservation plan based onaowestaife-cycle'costmethodologies:..* , [2003 c 363 § 302, eff. July 27; 2003;'"1969 era; ,c 281 §.:26;' 1965 e-7:# 35:84+060: Prior. 1919 c 138 § 1; 1917 c 59 § 1;RRS§ 9213.] Historical and;Statutory Notes .Finding—Intent-2003 c 363: "rhe 71:importance 'of safe; .reliable roadways to legislature finds that roads, streets, the motoring public, the legislature in - bridges, and highways in. the .state repj -, ;tends to -create stronger accountability to sent public assets worth over one hundred • ensure that cost-effective maintenance and preservation is provided for these trans- portation• facilities."' [2003 c 383 `§ 301.] Part beadings not law- Severablri- ty=2003 c .363: See notes, following .RCW 47.28.241. CITIES ANIY•1uWlyb City_appoints. a, .parking commission. tion:denied;-certierarill,. ;IIEAN .v City:of Spokane„(1997). 133 525 U:S. 812.,_142 L�E•4 `.2c1'455, 947 P.2d 1169; reconsidera- Corporations,c0 billion dollars. These investments require regular maintenance and 'preservation,, :or rehabilitation, to provide cost-effective transportation services. Many of these fa- cilities are in poor condition. Given the magnitude of public investment and the CHAPTER 35:86 OFF–STREET PARKING 'FACILITIES 35.86.030. Acquisition and disposition of real property Research References Treatises and Practice Aids 17 Wash. Prac. Series § 9.4, Local Gov- ernmental Entities. 35.86.050. Procedure to establish—Plan, surveys, hearings Notes' of Decisions to cityes• comprehensive plan. CLEAN v City of Spokane (1997) 133 Wash:4.456, 947 P.2d 1169, reconsideration denied, cer- tiorari deified 119 S.Ct. ,45; 526. U.S: '812; 142 L.Ed.2d 35iAutomobiles' 12 City was not required to create a park- ing coininisaion as a prerequisite to own- ing garage. that would :not serve plir&'or civic center: facilities, iap;',under:statute cit- .ies areauthorized'to own''other off-street parking facilities";, provision that: such .fa -'x cilities;,.muat; be •ePer404figm,4x a•P.S . with provision that allows creation o1;,doei 'sink a 4acilitj can be acquired onlyy afters: 1. In general Off-street parking statute requiring de- velopment of comprehensive plans does not discuss the level of specificity required - of a comprehensive plan. 'CLEAN V City of Spokane (1997) 133 Wash.2d.455, 947 P.2d 1169, reconsideration' denied, certio- rari denied 119 S:Ct. 45, 625 U.S. 812; 142 L.Ed.2d 35. Automobiles e=+12 Off -street -parking statute requirement .of comprehensive plan was satisfied; given' case law defining"comprehensive plan,., where city held hearings and commis- sioned studies for parking ramp, project and established that the facility conformed CIIAETER '35.86A.; OFF–STREET' PARKING—PARI ING':,GOMill$IQ:._ 35:86A.070:` Powers and authority of parking,coihraiss oi►: Research References Treatises and Practice:Aids 17 Wash: Frac. Series: § 9:4, Local Gov- ernmental Entities. 35.86A.120. Operation of parking facilities—Bid -requiremf` and procedure Notes of Decisions 1. In general, City was not required to create,.a park- ing commission as a prerequisite to .own- ing,garage 'that.would not, serve :park or civic. center facilities, as statute .cit ies are authorized:to own "other off-street parking facilities"; provision that such fa- cilities must be operated in accordance with. provision ,that; a119�vs tact tion '4 f s a parking commission does:that regNire'.thet. such a facility can be acquired onlyaft@r..a'. city -appoints .a :parking.,;:eomiaiQsi9a; CLEAN v City ;of 'Spokane <(1917);.1,33' Waali2d 465,: 947 P.2d :}169',; reconsidera- tion denied, certiorari denied 1191 S.Ct..'45; 525 U.S: 812, 142 L.Ed,2d' 35. Municipal Corporations e=+ 223. CHAPTER 35.87A PARKING AND BUSINESS IIVIPROVEIVI<ENT ,AREAS Section 35.87A.010. Authorized—Purposes- - Special assessments. 4. 35.87A.01Q. Authorized, -Purposes --Special assessments .. To. aid •general economic development and neighborhood revitalization,..and to facilitate the cooperation of merchants, 'businesses, and residential property owners. which assists trade, economic viability, :and liveability, the legislature hereby authorizes all counties. and all incorporated cities and towns;. including unclassified cities .and towns • operating under special charters: (3) To.,establish, after a petition submitted by the operators responsible for sixty.percent.of; the Assessments 4by businesses. and multifamily-residential:.or milted -use projects ;within., the. area,. parking and -business; improvement :areas, .ligreafter. referred to ,as area or areas,,for .the following purposes: (a) The •acquisition; construction or maintenance: of parking°facilities for:the benefit of the area; (b)Decoration bf any-publie.pl'ace:in the:area. , . '4)0 Sponsorship, or..promotion, of public events which Are, to °take place on. or tri :public, places . in. the.. are a; •,-± (d)' :Fuc rnishing. of musiin any publicplace'in the area; 35:?.fIA.t11U ;4- (e). Providing. professionalmanagement; planning; ,andvrornoticin for the, area, including the reanagementand .promotion of ret.siT:.traderartivities..inithe area4 (f); Providing maintenance.and security for common; public areas; or (g) PrOViding-transportation SeilviceafOr the benefit the area. (2). TO:leVys PeCiat.assessments on.alibucinesSe§-lind 4.1.141044Y residential or mixed-use projects within the area and specially benefited by a.parldng and business improvement area to- pay in whole or in-part.,.the..darnages- or costs incurred therein as .provided in.this chapter [2005 c 178 § 1, eff. July 24, 2005; 2000 c•201 § 1, 1993 c 429 § 1, 1985 c.128 .§. 1, 1981 c 279 § 1, 1971 ex.s. c.45 § 1.] Law Review and Journal cOnimentaries Taxes vs. fees: a curious confusion. Hugh ,D. Spitzer, 38 Goltz.L.Itev. 336 (2002/03), CHAPTER. 35.91 MUNICIPAL WATER, ANP SEWER VAcnirrAgs ACT Section 35..91.020. COntraeta with owners of real estate for water or •sewer facilities—Reimbursement of .costs by subsequent. users—Contract require- ments. Section 35.91.040. Contract payment tohe made. prior to tap, connection,, or use—Renioval ottap or con- neetion. 35.91.020. Contracts with owners of real estate for water or sewer facilities—Reimbursement of costs by subsequent users—Contract requirements , (1) Except as -provided under subsection(2)of.thia section, thi governing body of any citY, town, county, water -sewer district, Oe'drainage ,district, hereinafter referred to as a "minicipality” May Contract with .owners of, real estate for the construction of Storni; sanitary, or combination sewersi....pumping stations, and disposal plants, water '.niiiinc,hydrant.t. reSerVoirs,:oi lippUrte=" nances, hereinafter called- "water orseiverfacilities;" within their boundaries or '-(exceyit ;for -counties) within ten mileg. from theircorporate, limite .connecting With. the public water or sewerage system to serve the area in Which! the ,.real'‘ estate . of :etch owners is located, and to proviile:fOrli 'peliodof tiOt•tg. -exceed fifteen years forthe- reimbUrseinentof suCh...,owliersand.-their aligligiii3' by any owner .of • real - estate! Who . did • not Contribute . ,to .the,prighiskdost of such Water or sewer facilities and who SubsequentlYtap onto cir 'USes.the-SaMeOlt•fait-iirti, rata share of the •cost of the. 'construction. of saiil.IWAter erSeWer f4eP:itieP;, including not only those directly connected : thereto, btit. 41.3(r:users .cenneetedIO' laterals or branches connecting thereto, subject tosueh reasonable rules and. regulations as the governing body of such municipality may prOvide .or contract, and notwithstanding the -previsions of,anYint.herlaW. .)(a) The,contract may -provide for amexteriaion ortilq,ftfie' : pn-year ement period for a time not to ,exceed. the duratien.'df -any moratori ing ordinance, concurrency desigmatiOn,.orothergovernmental action Note 1 ROyente.,,,Knalsing), applications for, or ,the.,approvallnfi. anyJinew,.developrnent- , 31,10- benefit- arew (or,A :Period of .sixitn011.th$, Or mere. b); '.Upon the .eactension of .the, reimbursement period ptirsoant.„0 (a) 4:this isAIII.OcticT, the contract mut specify the.:dnration.. of the contact extension zid,InuSt be filed:- And recorded withthe comity. auditorl :property . owners who aj-0,0)..leCt' to the, reimbursement 4ligatione..under subsection (1 of this S-e-Ctoniihall'...be;riollfied•'by. the contracting iminiCiPality'of.thev•thtteriainn-fired litider:thiS Subsection. 3) pachcontract shall include .a .provision .requiring:thatlevery tvM7yeara, from the date the. contract is executed aproperty-owner entitledthireimburse, meet under thiSsection.prOVide :the contracting municipalitY-Withinforniatien regarding the current .contract name, address, and telephone..nuinber .9f -the, person;.,company, or partnership that 'originally entered. -into:the .contract: t if the , property owner itails. to COMply with the notification -requirenients,4. this subsection within sixtydays. of, -the, Specified 4ime, !then. the ,cOntraeting: municipality .may collect any reimburaeinentfunda.oWed to the property wilier. under the contract. Such funds must be deposited in the capitalfUnd of the. municipality (4) To. the extent it may require in the performance ,of suchcontract; such municipality inlay. install said water or 'sewer:facilities in arid along -the . county streets in the area to be served as .hereinabove provided; subject to, such reasonable requirements as to the manner of.occupancy of such streetS.as the county may by resolution provide. The provisions- of .such contract shall not be effective as to any owner .Of Teal estate .not a party .thereto unless such contract hasbeen recorded in. the Office of the county auditor of the county in which the real estate of .suchrowner is located prior to the, time such owner taps into or connects- to said water or sewer facilities; [2006 c 88 § 2, eff. June 7, 2006; 1999.c143 § 38; 1981 c 313 § 11, 1967 c 113 § 4,1965 c 7.§. 34,91.020 -Prior 1959 e 261 § 2.1 •` -11 Research 48 ALR 2nd 1222„ Right to Compel Municipality tO Extend Its Water. System. 169 .ALR .676,..Estal:plishinent or Exten- . :sign of rSeWer. eva,.Publie, Use; on .Piirpose• for Which ,Powerof.giniiient MaybeDontain Exercised: References 98 ALR' 1001, Power of. Municipal Cor- poration to Extend Its Service Be- yond Corporate Lirnite.! 90 ALR. 846, What Employees Are En- gaged in Interstate Commerce Within Federal' Employers' Liability Act. Notes of Decisions 1. In general Existing water Water service .contracts be, tween landowners and city applied solely to entuneratedlots, and thus city had not thereby -expressly contracted to .supply water to 11040Wilera' 110011tiplAl 01.14f- tO*4 housing • iota. 'Harberd v `.City of Kettle .Falle(2004).120-WaShApp.,498, 84 P.3d 1241, .review denied 152 Wash2d 1025, 101 P.3d 421. 'Waters' And' Water Courses.e=.201, .,...inyithenbseitceof contract,;, -express or 'timPlietl, a iminicipahty ,Cannot'be com- pelled to supply water` �rsewer services. 4.:tput8ide its corporate limits. Harberd v City of -Kettle 'Fang- (2004) 120 Wash.ApP. 498, 84 -P.M' 1241; reView.1- denied 152 Wash.2d. 1025, 101 P.3d. 421. Municipal Corporations' ezp 712(4); Waters And Wa- ter Courses ez* 201 The power of a municipalityto-supply water .beyond corporate _limits is. permis- sive, with Supply 'being:•,a 'matter of -cen- tract, between the municipality' and ,Prop- ertY.- owners, :If Urkieixl vCity of 'Kettle F.4 (2004)", 420' Wash.4p. Apa, 84 P.3d 1241,•revieWdenied ip.g• ga., 101 P.3(1 421. Waters AndWat es 201 orized purposes 1 Notes of Decisions basis .for various advertising:ap tenance services designed tQ ,4 p] them, did not exceed authoritpts " to city to make local improver}}e special assessment. City of Seaj Rogers Clothing for Men, Ince (,090 114 Wash.2d 213, 787 P.2d ipal Corporations C:- 412 1 Authorized purposes Ordinance establishing special assess- ment area within city, and assessing businesses within area on square -foot 35.87A.020. Definitions Unless the context clearly requires otherwise, the deflnjl,<: this section apply throughout this chapter (1) "Business" means all types of business, including ,pg, sions. ) The proposed uses and projects to which the ed ecial assessment revenues shall be put and the total ted st thereof; 3) The estimated rate of levy of special assessment with a posed breakdown by class of business and multifamily residen- or mixed-use project if such classification is to be used. he initiating petition shall also contain the signatures of the ons who operate businesses and residential operators in the ()posed area which would pay fifty percent of the proposed ecial assessments. 1?3 c 429 § 3, 1971 ex.s. c 45 § 3 ] (2) "Legislative authority" means the legislative autho• ritrs city or town including unclassified cities or towns operating special charters or the legislative authority of any county (3) "Multifamily residential or mixed-use project" meads building or buildings containing four or more residential unit' combination of residential and commercial units, whether .tit the entire property is held in single or undivided ownershiga to individual units is held by owners who also, directly or.i ly through an association, own real property in common., other unit owners. Library References punties €55 Municipal Corporations e.,108.2, 292. estlaw Topic Nos. 104, 268. C.J.S. Counties §§ 87 to 91 C.J.S. Municipal Corporations §§ 316 to 318, 973 .87A.040. Resolution of intention to establish—Contents— Hearing he legislative authority, after receiving a valid initiation peti- i or after passage of an initiation resolution, shall adopt a olution of intention to establish an area. The resolution shall te'the time and place of a hearing to be held by the legislative ihority to consider establishment of an area and shall restate all information contained in the initiation petition or initiation o1ution regarding boundaries, projects and uses, and estimated es of assessment. 71 ex.s. c 45 § 4 ] (4) "Residential operator" means the owner or operat9 multifamily residential or mixed-use project if title is held`i} or undivided ownership, or, if title is held in a form of OM interest ownership, the association of unit owners, condo association, homeowners' association, property owners'tq( tion, or residential cooperative corporation. [1993 c 429 § 2, 1971 ex.s. c 45 § 2.] 35.87A.030. Initiation petition or resolution—Contenta For the purpose of establishing a parking and business,;; ment area, an initiation petition may be presented to thea authority having jurisdiction of the area in which the f. ' parking and business improvement area is to be 19cat a legislative authority may by resolution initiate a par business improvement area. The initiation petition. or .res,. Library References unicipal Corporations e=300. estlaw Topic No. 268. J.S. Municipal Corporations § 991 87A.050. Notice of hearing ptice of a hearing held under the provisions of this chapter irbe given by. fj One publication of the resolution of intention in a newspaper eneral circulation in the city; and 2) Mailing a complete copy of the resolution of intention to h..business and multifamily residential or mixed-use project in (proposed, or established, area. Publication and mailing shall e:ornpleted at least ten days prior to the time of the hearing. 3 c 429 § 4, 1971 ex.s. c 45 § 5.] 523 shall contain the following: (1) A description of the boundaries of the proposed area; 522 Library References Municipal Corporations X294 Westlaw Topic No. 268. C.J.S. Municipal Corporations § 979 35.87A.060. Hearings Whenever a hearing is held under this chapter, the 'lie authority shall hear all protests and receive evidence for'o the proposed action. The legislative authority may eotii hearing from time to time. Proceedings shall terminate if k? made by businesses and residential operators in the propos which would pay a majority of the proposed special assess [1993 c 429 § 5, 1971 ex.s. c 45 § 6.] LIMN, D U J11riiOO 11Y11 A J V L1YILiY 1 A1Wa-a..7 ✓✓.v • C&. vvv Tits for the new area shall be established pursuant to RCW 87A.080 and 35.87A.090 and any other applicable provision of chapter The legislativeauthorityshall adopt a resolution of intention odify the boundaries of an area at least fifteen days prior to Wearing required in subsection (1) of this section. The resolu- shall specify the proposed modification and shall give the time 'lilace of the hearing: Notice of the hearing shall be made in col dance with RCW 35 87A.050 Qp2c69§ 1] Library References Municipal Corporations €'298. Westlaw Topic No. 268. C.J.S. Municipal Corporations § 989 Library References unicipal Corporations €450(4). C.J.S. Municipal. Corporations estlaw Topic No. 268. §§ 1208 to 1214 87A.080. Special assessments—Legislative authority may make reasonable classifications—Assessments for separate purposes r purposes of the special assessments to be imposed pursuant this chapter, the legislative authority may make a reasonable Ssifiication of businesses and multifamily residential or mixed- `iprojects, giving consideration to various factors such as busi- ssand occupation taxes imposed, square footage of the business, ber of employees, gross sales, or any other reasonable factor ting. to the benefit received, including the degree of benefit ived from parking. Whenever it is proposed that a parking and iness improvement area provide more than one of the purposes 'd in RCW 35 87A.010, special assessments may be imposed in anner that measures' benefit from each of the separate pur- es, or any combination of the separate purposes. Special as- sments shall be imposed and collected .annually, or on another s specified in the ordinance establishing the parking and mess improvement area. 3 c 429 § 6; 1985 c 128 § 2, 1981 c 279 § 2, 1971 ex.s. c 45 § 8.] 35.87A.070. Change of boundaries If the legislative authority decides to change the boun the proposed area, the hearing shall be continued to a time fifteen days after such decision and notice shall be gy prescribed in RCW 35.87A.050, showing the boundary ,n ments, but no resolution of intention is required. [1971 ex.s. c 45 § 7 ] Library References Municipal Corporations X298. Westlaw Topic No. 268. C.J.S. Municipal Corporations § 989 35.87A.075. Modification of boundaries (1) The legislative authority may modify the boundii� parking and business improvement area by ordinance,. after a hearing before the legislative authority The ;le authority may modify an area either by expanding or refit existing boundaries. If the modification to the boundati expand existing boundaries, the expansion area must be to an existing boundary A modification to an existing;l may occur no more than once per year and may not affect with a projected assessment fee greater than ten perce4 current assessment role for the existing area. If the modtfi of an area results in the boundary being expanded, 'tlie+: 524 • Historical and ws` 1981, ch. 279; § 2, near the end e._current first sentence, inserted as business and occupation taxes Psed, square footage of business, ber of employees, gross sales, or Statutory Notes any other reasonable factor relating to the benefitreceived", and, at the end of the first sentence, delete only" Laws' 1985, ch. 128, § 2, added the second and third sentences. 525 • Library References unicipal Corporations e=436. Westlaw Topic No. 268. /N V, D V J1a1lLJJ 1lr'11 acv it a..araa.a a a L-u.au av .. v • v .. 5) The initial or additional rate or levy of special asses to imposed with a breakdown by classification of busi nd tlifamily residential or mixed-use project, if such classification sed, and 6) A statement that a parking and business improvement area been established. 7). The uses to which the special assessment revenue shall be t. Uses shall conform to the uses as declared in the initiation ition presented pursuant to RCW 35 87A.030 93 c 429 § 8, 1971 ex.s. c 45 § 10 ] C.J.S. Municipal Corppl;& §§ 1215, 1216, 1218, 1220, i1 1223 35.87A.090. Special assessments—Same basis or rat? classes not required—Factors as to parkin, cilities The special assessments need not be imposed on different.`: of business and multifamily residential or mixed-use .projei determined pursuant to RCW 35.87A.080, on the same basis., , same rate. The special assessments imposed for the purpose acquisition, construction or maintenance of parking facilities the benefit of the area shall be imposed on the basis of bend determined by the legislative authority after giving consider to the total cost to be recovered from the businesses and muitif ily residential or mixed-use projects upon which the special. , ment is to be imposed, the total area within the boundaries:'pf parking and business improvement area, the assessed value `o`, land and improvements within the area, the total business' vo generated within the area and within each business, and', .y other factors as the legislative authority may find and deter be a reasonable measure of such benefit. [1993 c 429 § 7, 1971 ex.s. c 45 § 9 ] Library References j.inicipal Corporations 4=303(1). estlaw Topic No. 268. 0.J.S. Municipal Corporations § 992. Library References Municipal Corporations €456, 457 C.J.S. Municipal Corp Westlaw Topic No. 268. §§ 1250, 1253, 1255, 1256:" 35.87A.100. Ordinance to establish—Adoption—Contents If the legislative authority, following the hearing, dei establish the ,proposed area, it shall adopt an ordinanc0, effect. This ordinance shall contain the following inform (1) The number, date and title of the resolution of iriie pursuant to which it was adopted, (2) The time and place the hearing was held concerr;j formation of such area, (3) The description of .the boundaries of such area, (4) A statement that the businesses and multifamily .resii or mixed-use projects in the area established by the 641 shall be subject to the provisions of the special assessment; rized by RCW 35 87A.010; 87A.110. Use of revenue—Contracts to administer opera- tion of area he legislative authority of each city or town or county shall ve sole discretion as to how the revenue derived from the special essments is to be used within the scope of the purposes, Wever, the Iegislative authority may appoint existing advisory ds or commissions to make recommendations as to its use, or legislative authority may create a new advisory board or mission for the purpose. he legislative authority may contract with a chamber of com- ce or other similar business association operating primarily lin the boundaries of the legislative authority to administer the enation of a parking and business improvement area, including 5/' funds derived pursuant thereto: PROVIDED, That such admin- ation must comply with all applicable provisions of law includ- this chapter, with all county, city, or town resolutions and finances, and with all regulations .lawfully imposed by the state ditor or other state agencies. 71ex.s.c45§ 11] 526 Library References unicipal Corporations 0521 C.J.S. Municipal Corporations estlaw Topic No. 268. §§ 1'396, 1404 527 ✓✓.V I L1• l i.4.1 35.87A.120. Use of assessment proceeds restricted .E The special assessments levied hereunder must be fo poses specified in the ordinances .and the proceeds sh used for any other purpose [1971 ex.s. c 45 § 12.] Library References Municipal Corporations X521 C.J.S. Municipal Westlaw Topic No. 268. §§ 1396, 1404 35.87A.130. Collection of assessments Collections of assessments imposed pursuant to this shall be made at the same time and in the same .m otherwise prescribed by Title 35 RCW or in such other in the legislative authority shall determine. [1971 ex.s. c 45 § 13 ] 'fit zones based upon the degree of benefit derived from the ose and may impose a different rate of special assessment each such benefit zone. 71 ex.s. c 45 § 15 ] Library References unicipal Corporations X458, 464 C.J.S. Municipal Corporations §§ 1255, 1256, 1271 to 1274, 1276, 1277, 1286, 1288. estlaw Topic No. 268. Library References Municipal Corporations X525. C.J.S. Municipal Carp Westlaw Topic No. 268. §§ 1405, 1411, 1415, 1416,, 87A.160. Benefit zones—Establishment, modification and disestablishment of area provisions and proce- dureto be followed 11 provisions of this chapter applicable to establishment or establishment of an area also apply to the establishment, modi- fion, or disestablishment of benefit zones pursuant to *RCW 7A.150 The establishment or the modification of any such e shall follow the same procedure as provided for the establish - t of a parking and business improvement area and the dises- fshment shall follow the same procedure as provided for dises- ishment of an area. 1 ex.s. c 45 § 16.] 35.87A. 140. Changes in assessment rates Changes may be made in the rate or additional rate of assessment as specified in the ordinance establishing the' kr ordinance adopted after a hearing before the legislative # The legislative authority shall adopt a resolution of ink,. change the rate or additional rate of special assessment' fifteen days prior to the hearing required by this secti ' resolution shall specify the proposed change and shall* time and place of the hearing. Proceedings to change tI}7 impose an additional rate of special assessments shall ter* protest is made by businesses or multifamily residentiaF o' use projects in the proposed area which would pay a ma the proposed increase or additional special assessments. [1993 c 429 § 9; 1971 ex.s. c 45 § 14 ] Historical and Statutory Notes Reviser's note: "RCW 35.87A.150" herein codified as RCW 35.87A.130, been translated from "section 13 of act," as the reference to section 13, Library References Municipal Corporations X458. C.J.S. Municipal Westlaw Topic No. 268. §§ 1255, 1256. 35.87A.150. Benefit zones—Authorized—Rates The legislative authority may, for each of the purposes. sr' RCW 35 87A.010, establish and modify one or more sep' 528 was apparently erroneous. Library References unicipal Corporations X450. C.J.S. Municipal Corporations estlaw Topic No. 268. §§ 1193 to 1199 ;87A.170. Exemption period for new businesses and pro- jects usinesses or multifamily residential or mixed-use projects es - 'fished after the creation of an area within the area may be mpted from the special assessments imposed pursuant to this apter for a period not exceeding one year from the date they mmenced business in the area. 93 c 429 § 10; 1971 ex.s, c 45 § 17] • 529 • Library References nicipal Corporations x465 Westlaw Topic No. 268. 87A.21O. Computing cost of improvement for bid e- ment he costof the improvement for the purposes of this chapter 11 be aggregate of all amounts to be paid for the labor, materi- and equipment on one continuous or inter -related project ere work is to be performed simultaneously or in near se- ance. Breaking an improvement into small units for the pur- es of avoiding the minimum dollar amount prescribed in RCW 487A.200 is contrary to public policy and is prohibited. 71ex.s.c45§21] C.J.S. Municipal oA §§ 1271 to 1274, 1276,1 1288, 1289 35 .87A.180. Disestablishment of area—Hearing The legislative authority may disestablish an area by ori, after a hearing before the legislative authority The ..le s authority shall adopt a resolution of intention to disestabl area at least fifteen days prior to the hearing required =b section. The resolution shall give the time and place of the :lei [1971 ex.s. c 45 § 18 ] Library References Municipal Corporations x450. C.J.S. Municipal Westlaw Topic No. 268. §§ 1193 to 1199 35.87A.190. Disestablishment of area—Assets and habil Upon disestablishment of an area, any proceeds of the b assessments, or assets acquired with such proceeds, or liail incurred as a result of the formation of such area, shall bey j, to disposition as the legislative authority shall determine: Py ED, HOWEVER, Any liabilities, either current or future, hie. as a result of actiontaken to accomplish the purposes o 35 87A.010 shall not be an obligation of the general fund special fund of the city or town, but such liabilities s provided for entirely from available revenue generated fit projects or facilities authorized by RCW 35 87A.010 or fro; cial assessments on the property specially benefited wi area. [1971 ex.s. c 45 § 19 ] Library References unicipal Corporations €330 C.J.S. Municipal Corporations estlaw Topic No. 268. § 1030. 87A.220. Existing laws not affected—Chapter supplemen- tal—Purposes may be accomplished in conjunc- tion with other methods his chapter providing for parking and business improvement eas shall not be deemed or construed to affect any existing act, any part thereof, relating to special assessments or other pow - 'of counties, cities and towns, but shall be supplemental thereto ad concurrent therewith. he purposes and functions of parking and business improve- nt areas as set forth by the provisions of this chapter may be omplished in part by the establishment of an area pursuant to schapter and in part by any other method otherwise provided aw, including provisions for local improvements. 971 ex.s. c 45 § 22.] :87A.900. Severability -1971 ex.s. c 45 f any provision of this act, or its application to any person or cumstance is held invalid, the remainder of the act, or the lication of the provisions to other persons or circumstances is t affected. 71 ex.s. c 45 § 23 ] 35.87A.200. Bids required—Monetary amount Any city or town or county authorized by this chapter to e§ lish a parking improvement area shall call for competitive bid appropriate public notice and award contracts, wheneve estimated cost of such work or improvement, including cis materials, supplies and equipment, exceeds the sum of two sand five hundred dollars. [1971 ex.s. c 45 § 20 ] LIbrary References Municipal Corporations €330. C.J.S. Municipal Corpot Westlaw Topic No. 268. § 1030. 530 531 ITEM TITLE 'BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 6 For meeting of April 3, 2007 (1) Public Hearing on Proposed Increase in Area and Assessment Rates for Parking and Business Improvement Area (PBIA) No 1, and (2) Consideration of Ordinance Enacting the Area and Assessment Rates for PBIA No 1 SUBMITTED BY Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE Jeff Cutter, Assistant City Attorney (575-6030 SUMMARY EXPLANATION Staff respectfully requests City Council hold the Public Hearing on the proposal to increase the area and assessment rates for PBIA No 1, and if Council is so inclined, deliberate and adopt the attached ordinance The Parks and Recreation Division has provided maintenance to the PBIA No 1 area for nine years The 2007 Parks and Recreation budget reduced its resources for downtown maintenance to $50,000 in cash only This last year, significant new streetscape infrastructure has been incorporated along Yakima Avenue from 1st Street to 9th Street and the North Front Street Historic District. This year, similar improvements will be made to Yakima Avenue from Front Street to 7th Avenue The 2007 Legislative Session has the potential to fund additional improvements to sidewalks and streetscapes in 2008 — at what level is unknown at this time Given the limited budget resources of the City's General Fund and expansion of maintenance needs of the downtown, the Committee for Downtown Yakima (CDY) and representatives for the City (both Council and staff) have engaged in discussions of moving the current and new maintenance responsibilities to CDY To do this however, requires additional resources from PBIA No 1 and expansion of the benefit area. CDY has made a proposal to (1) make a modest adjustment to the size of the current PBIA and increase its rates to accommodate the maintenance needs for 2007, and (2) work over the next year to significantly modify the area of a "new" business benefit area to incorporate the eastern and western portions of Yakima avenue not currently within PBIA No 1 Redefining the boundaries of the PBIA is also timely because the current PBIA is set to expire a year from now (continued) Resolution Ordinance X Other (Specify) Various Attachments Contract Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. *s - City Manager ti. STAFF RECOMMENDATION Staff respectfully requests that City Council hold the Public Hearing and subsequently, if so inclined, deliberate and adopt the attached Ordinance modifying the area and rates of PBIA No 1 BOARD/COMMISSION RECOMMENDATION The Committee For Downtown Yakima initiated and supports the actions outlined above Two City Council sub -committees (DYFI and Economic Development) have heard the proposal from CDY and acted to move the proposal to the full Council for the Study Session noted in report. COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2007-15 The Committee for Downtown Yakima has requested that the Yakima City Council consider expanding the present Parking and Business Improvement Area No 1, previously renewed and reformed on May 7, 2002 by Ordinance No 2002-26, to increase the assessment area of the present PBIA, together with increasing the current assessment rates for businesses located within the present PBIA, in order to provide sufficient funding to fulfill the necessary maintenance, upkeep and safety oversight required therein The rate has been proposed to be adjusted to generate an estimated $72,000 This money in addition to the $50,000 budgeted from the Parks Division and an additional $50,000 from CDY, would accommodate the estimated annual need for $150,000 for downtown maintenance Certainly, only time will tell if this is adequate funding The attached map and associated information from the February 27, 2007 Study Session identifies the area which CDY has recommended to be included into the PBIA. It is bounded by East "A" Street, 7th Street, Chestnut Street and Naches Avenue At the Council meeting of March 6, 2007, Council set April 3, 2007 as the date for a public hearing to receive comments on the proposed expansion and increase in rates of the downtown PBIA. Accordingly, a Notice of Public Hearing was mailed to downtown businesses and other interested parties. 0 1 Inch equals 500 feet Potential PBIA Expansion Area PBIA Area Existing PBIA Assessment Area Potential PBIA Expansion Area