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HomeMy WebLinkAbout2006-057 Reformation of North Front Street PBIA [Parking and Business Improvement Area] ti ORDINANCE NO. 2006- 57 AN ORDINANCE of the City of Yakima, Washington, reforming a parking and business improvement area in the North Front Street area of downtown Yakima, and establishing special assessments for certain uses and projects within such parking and business improvement area as provided herein WHEREAS, the City Council (the "Council ") of the City of Yakima, Washington (the "City "), adopted Resolution No R- 2006 -161 on November 7, 2006 initiating the reformation of a parking and business improvement area for the North Front Street area of Yakima in accordance with RCW 35.86A.030, and WHEREAS, by Resolution No R- 2006 -161 the Council declared the City's intent to reform a parking and business improvement area for the North Front Street area of Yakima in accordance with RCW 35 87A.040, and WHEREAS, a public hearing concerning the reformation of such parking and business improvement area was held on November 21, 2006 at 7 00 pm in the City Council Chambers at the Yakima City Hall, Now, Therefore BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The City Council (the "Council ") of the City of Yakima, Washington, in accord with the intent expressed in Resolution No R- 2006 -161, adopted November 7, 2006, hereby reforms a parking and business improvement area ( "PBIA ") for a portion of the North Front Street 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 incorporated herein by this reference Section 2 The uses and projects to which the special assessments shall be put are set forth on Exhibit "B" attached hereto and incorporated herein by this reference 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 identified therein If the City determines in consultation with the North Front Street Business Improvement Association (the "Association ") that it has become impractical or undesirable to accomplish any of the uses or projects set forth on Exhibit "B" by reason of increased costs or changed conditions or needs, alternative (jc)ord/North Front PBIA 1 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 35 87A.010 RCW, as amended, or its successor statute, if any; And further provided 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, 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 3 Upon PBIA reformation, special assessments shall be levied against all businesses within the PBIA to provide the funds necessary for the purposes set forth in Section 2, which special assessments shall be levied upon the following classes of business and at the following rates. Category Assessment First Floor Business $200 00 / year Upper Floor Business $135 00 / year Section 4 The City will contract with the Association to administer the operation of the PBIA, as authorized by RCW 35 87A.110 Section 5 The special assessments described herein shall be levied every year for five years following the reformation of such PBIA and then terminated The City (jc)ord/North Front PBIA 2 may then elect to reform such PBIA in accordance with the procedures for forming a new PBIA established by Chapter 35 87 A RCW or any successor statute, if any Section 6 This ordinance shall be in full force and effect thirty (30) days after its passage, approval, and publication as provided by law and by the City Charter PASSED, by the City Council of the City of Yakima, Washington, at a regular meeting thereof held this 21st day of November, 2006 David Edler, Mayor ATTEST 6 City Clerk Publication Date 11 -24 -2006 Effective Date 12 -24 -2006 3 (jc)ord/North Front PBIA North Front Street PBIA Boundaries North Boundary East Martin Luther King Boulevard from the BNSF mainline tracks to South First Street. East Boundary South First Street from East Martin Luther King Boulevard to the first public alley south of Yakima Avenue South Boundary Along the public alley to the BNSF mainline tracks West Boundary North along the BNSF mainline tracks to East Martin Luther King Boulevard. Area business owners in attendance at a North Front Street Merchants Association meeting on October 25 2006 David Picatti Cafe Melange Corday Tnck Corday's George Pechtel George H. Pechtel Co., Inc Mark Strosahl Greystone Restaurant Eva Lichota Carousel French Cuisine Bob Hargreaves Bob's Keg & Cork Don Wnght Wright's TV Javier Isquierdo Egley's Bail Bonds Jim Stoffer Barrel House Michael J Gordy We've Got Your Bag Tammy Zerr Salon T'Zerr's Kim Momer Key Bank Karl Pasten The Depot Restaurant Scott C Irons S.C. Irons and Associates BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO FOR MEETING OF. November 21, 2006 ITEM TITLE Public hearing before the City Council, and an ordinance reforming a parking and business improvement area (hereafter "PBIA) in the North Front Street area of downtown Yakima, and establishing special assessments for certain uses and projects within such PBIA as provided herein SUBMITTED BY William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE William Cook, 575 -6113 SUMMARY EXPLANATION The business owners located within the North Front Street Business Improvement Area (NFSBIA) filed a petition with the City Clerk, as authorized by RCW Chapter 35 87A, requesting the reformation of a PBIA, and extending the boundaries previously established in Ordinance No 2001 -36 The City Council adopted Resolution No R- 2006 -161 on November 7, 2006, initiating the reformation of an expanded PBIA for the North Front Street area of Yakima in accordance with RCW 35 86A.030 By passing this ordinance, Council reforms an expanded Front Street PBIA, and establishes special assessments for certain uses and projects within such PBIA. Resolution _ Ordinance X Contract _ Other (Specify) Funding Source \ c APPROVAL FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Pass Ordinance BOARD RECOMMENDATION COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2006-57 RESOLUTION NO. R -2006- 161 A RESOLUTION expressing the Yakima City Council's intent to re -form a parking and business improvement area (hereinafter "PBIA "); and fixing a time, date, and place for a public hearing on reformation of said PBIA in the North Front Street area of downtown Yakima. WHEREAS, the business owners located within the North Front Street Business Improvement Area (NFSBIA), have filed a petition with the City Clerk, as authorized by RCW Chapter 35.87A, requesting the reformation of a PBIA, extending the boundaries previously established in Ordinance No. 2001 -36 and as fully described in Exhibit "A ", (the Initiating Petition, attached hereto and incorporated herein with this resolution); and WHEREAS, said initiating petition has been signed by the business owners within the proposed PBIA that would be required to pay more than fifty percent of the total proposed special assessment, in accordance with RCW 35.87A.030; and WHEREAS, the proposed uses to which the special assessments shall be applied are identified by reference in the Initiating Petition (Exhibit "A ") and are restated here, as follows: The uses and projects to which the special assessments shall be put are set forth on Exhibit "B" attached hereto and incorporated herein by this reference. 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 assessments that are available. If the City determines in consultation with the North Front Street Business Improvement Association (the "Association ") 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; (jc)res /N. Front St. PBIA 1 (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; and WHEREAS, the rate of assessment to be levied, by agreement of the initiating parties, shall be two hundred dollars ($200.00) per year for first floor businesses, and one hundred thirty five dollars ($135.00) per year for upper floor businesses located within the PBIA identified herein; and WHEREAS, the Initiating Petition (Exhibit "A ") includes the signatures of business and residential operators within the proposed PBIA that would be paying at least fifty percent (50 %) of the proposed special assessments; and WHEREAS, the City Council wishes to set a public hearing for consideration of this proposed PBIA, said hearing to be held in the Yakima City Council Chambers, 129 North 2 Street, Yakima, WA, on Tuesday, November 21, 2006 at 7:00 pm; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Tuesday, November 21, 2006 is the date set for a public hearing concerning reformation of the North Front Street Business Improvement Association, 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 7th da of November, 2006. /// David Edler, Mayor ATTEST: Cit lerk (jc)res /N. Front St. PBIA 2 Exhibit bit A Page 1 o9a3g Mr. William R. Cook, Director Department of Community and Economic Development, City of Yakima 129 N. 2"`� Street Yakima W A 98901 November 1, 2006 Re: Front Street PBIA, Renewal and Extension • Dear Mr. Cook: Attached you will find a petition to renew and extend the Front Street PBIA. We have signatures for 14 of the 17 Businesses in the area. I have verbal agreements from Wells Fargo, and Aaron Stewart. The attached petition accounts for 82% of the business in the proposed area, and I expect to have 94% of the businesses signed before the issue goes before the City Council in late November.. Our PBIA area will expand to the South Side of Yakima Avenue between the Railroad Tracks and 1 South First Street , Extending south to the Alley. If you have any questions please do not hesitate to call me. Sincerely, / Opp David J. Picatti President, North Front Street Improvement Association George Pechtel (509)- 248 -9496 David J. Picatti (509)- 248 -1447 - .. ��' ��.'� I�� I` /j� nt .r:7rrt.•' /� /_lv %l/ 1 LI_IT. i ; , t_ tir In • 5 .11l /; / , hll /l /GOIIIIh .) ID. - • 1u t�. J „ + ��iG • INiii �-� w 111 i /�' �i.lil %Iliuullll l , r "7..5 _. • � `+• . . �1/ ' •r. JIf�I111111.L•� �i �' .rte I/ • NORTH FRONT STREET 1 IMPROVEMENT ASSOCIATION Five North Front Street • Yakima, Washington 98901 / - .Exhibit A PETITION Page 2 For the Reformation of the kt 2_4 a s NORTH FRONT STREET J c °() BUSIESS IMPROVMENT AREA October 25, 2006 In the City of Yakima We, the business owners located within the North Front Street Business Improvement Area (NFSBIA), hereby petition the City of Yakima to reform the North Front Street Business Improvement Area as authorized by RCW Chapter 35.87A within the boundaries established in Ordinance 2001 -36 and as described in Exhibit "A" Attached to this petition. Special assessments shall be levied upon the following classes of business and at the rates indicated below. Special assessments will be collected from the business owners within the PBIA boundaries and will be deposited in a PBIA fund; collected funds will only be expended for activities that benefit the PBIA, as outlined in Ordinance 2001 -36 passed July 17, 2001. Category Assessment First Floor Business $200/Year Upper Floor Business $135/Year 0,,,./ P "),(*(ac/744,.,)2.0 / ,/ . dx,",„ , ,,/ n - 9 ? ' — s. 2 s ZOO 4 Il lit r Ea v ailigra P 4:4147.6.9.4...-e 4/i/A, 3_..;,-i.,,f � cy l J _VO A \A47-Acrir gvo I to-5 1 u. rr /Pt , ' 7 — !3 14 ' dgait /46-ei4-4-- -'-7 1 \ 7 , ,"( , ,./_--) i / .1 7-- • _ k) , /1„, \ r ` / i� / ,� /J O ! _ s ps.-(t,d Cr '/27' ' -_1. e -7/zcAcs 4 A -SS° 1 • • '� `' � '� ' + ��,�� - Bill 3' l er". es . ', . i • . ' ... . , ii., , ..._ t a s. ••• ''.\* i • __> . •••' ' 4. .1 litt • t 13160000 , ., . v• 4 , .„. • '1.11\illilli ' ' ' 4;4 - ".'4. I 4 N A I" , ,„\ ., ,:., "- 4.:461 .., . .. , ,,,, , ,_ • .4 „....... ''. 7- ' ° '1 . -z. 1 k • ,*, % ". sl . .... ik ! A , ...,:. t :79 ' ._ . l`c, ' , 4, ,* ' ¶ . �or ° V* + • '':\ , ,, illh or ? . ' . . : \\‘ 1. \ '' . \,: ' 0. \' .. ', a 4. ; \ \ r ) 0 • \ • .5 • \‘,00-4°. , 11 .. Ix v„ lihtl iw . .„'i: ' ' -' \ .. . 1 \ \ 1, .. %,06'... .* - or 10106 lo, ‘ , A t'D 1 �. V- 4 r/' '. _ + « . M r f + glil 1% of '), _ ` > • ; OP �'. b �, + _ ..00 v N of Yo�� • ..,, \� -� _ i • r rte, - - s � '� n /. d o � 40606._ r" , • oli 0 9 5 Scale -1 in = 200ft 1 • �..� 0 100 200 hill3 Created: November 01, 2006 • Exhibit B Program Options as Suggested by the NFSBIA Proposed Budget Evening Event(s): Annual North Front Street Evening Event with the primary function of promoting the area to potential customers, shoppers, and diners. Festivals could include: theme programs, music, or arts related activities. North Front Street Pamphlet: Promotional material including: an area map including business identification, history or area, etc. To be distributed by Visitor Information Center, Chamber of Commerce, and area businesses. Advertising and Promotion: Sustaining and/or expanding current North Front Street Association advertising such as the Yakima Valley Visitor Guide, newspaper, specialized magazines, radio, television or other media. • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. OR FOR MEETING OF: November 7, 2006 - ITEM TITLE: Consideration of a resolution to initiate the process to re -form a parking and business improvement area (hereinafter "PBIA "); and fixing a date for a public hearing on reformation of said PBIA in the North Front Street area of downtown Yakima. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: William Cook, 575 -6113 SUMMARY EXPLANATION: The North Front Street Improvement Association is requesting adoption of a resolution to initiate the reformation of the Parking and Business Improvement Association designation granted August 7, 2001. In accordance with RCW 35.87A.030, a petition, signed by operators of businesses that would be required to pay more than fifty - percent of the proposed special assessment, has been presented (see attached petition). By this resolution, Council will initiate the process to reform an expanded Front Street PBIA, and establish a time, date and place for a public hearing as per RCW 35.87A.040. The date for this public hearing will be Tuesday, November 21, 2006. Resolution X Ordinance_ Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: vCy `h ' J ity Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R -2006 -161