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
- ..
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• 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
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• 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