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HomeMy WebLinkAbout2002-026 Renewal / Reformation of Downtown Parking & Business Improvement Area No. 1 (PBIA ) ORDINANCE NO. 2002- 26 AN ORDINANCE of the City of Yakima, Washington, relating to parking and business improvement areas; establishing a parking and business improvement area in 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 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 adopted Resolution No. R- 2002 -43 on April 16, 2002 moving and resetting said PBIA public hearing date from April 16, 2002 to May 7, 2002 at 2 o'clock p.m.; and WHEREAS, a public hearing concerning the renewal of such parking and business improvement area was held on May 7, 2002, now, therefore; BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima, Washington (the "City "), hereby establishes a parking and business improvement area ( "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 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 (Ik) ord.comm. dev pbia 5- 02.pni 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, in 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, 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. Special assessments shall be levied against all businesses within the PBIA to provide 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: Number of Business Assessment Rate Employees* Classification Per Employee 1- 5 Retail $ 20.00 6 and over Retail 40.00 1 - 5 Service $ 10.00 6 and over Service 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 (1k) ord.comm. dev pbia 5-02 pm ti 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. Section 4. The total estimated annual cost for the improvements set forth in Exhibit B is $65,000. Section 5. The special assessments described herein will be levied every year for six years 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 established by Chapter 35.87A RCW or any successor statute, if any. Section 6. This ordinance shall become effective on June 10, 2002 after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL this 7th day of May, 2002. ,o,,„ Ali,„,„ a ry Place, Mayor ATTEST: City Clerk Publication date: 5 -10 -2002 Effective date: 6 -10 -2002 (lk) ord.comm. dev pbia 5 -02.pm . RCW 35.87A.010 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: (1) 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, hereafter 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 of any public place in the area; (c) Sponsorship or promotion of public events which are to take place on or in public places in the area; (d) Furnishing of music in any public place in the area; (e) Providing professional management, planning, and promotion for the area, including the management and promotion of retail trade activities in the area; or (f) Providing maintenance and security for common, public areas. (2) To levy special assessments on all businesses and multifamily residential or mixed -use projects within the area and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs incurred therein as provided in this chapter. [2000 c 201 § 1; 1993 c 429 § 1; 1985 c 128 § 1; 1981 c 279 § 1; 1971 ex.s. c 45 § 1.] RCW 35.87A.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Business" means all types of business, including professions. (2) "Legislative authority" means the legislative authority of any city or town including unclassified cities or towns operating under special charters or the legislative authority of any county. (3) "Multifamily residential or mixed -use project" means any building or buildings containing four or more residential units or a combination of residential and commercial units, whether title to the entire property is held in single or undivided ownership or title to individual units is held by owners who also, directly or indirectly through an association, own real property in common with the other unit owners. (4) "Residential operator" means the owner or operator of a multifamily residential or mixed -use project if title is held in single or undivided ownership, or, if title is held in a form of common interest ownership, the association of unit owners, condominium association, homeowners' association, property owners' association, or residential cooperative corporation. [1993 c 429 § 2; 1971 ex.s. c 45 § 2.] RCW 35.87A.030 Initiation petition or resolution -- Contents. For the purpose of establishing a parking and business improvement area, an initiation petition may be presented to the legislative authority having jurisdiction of the area in which the proposed parking and business improvement area is to be located or the legislative authority may by resolution initiate a parking and business improvement area. The initiation petition or resolution shall contain the following: (1) A description of the boundaries of the proposed area; (2) The proposed uses and projects to which the proposed special assessment revenues shall be put and the total estimated cost thereof; (3) The estimated rate of levy of special assessment with a proposed breakdown by class of business and multifamily residential or mixed -use project if such classification is to be used. The initiating petition shall also contain the signatures of the persons who operate businesses and residential operators in the proposed area which would pay fifty percent of the proposed special assessments. [1993 c 429 § 3; 1971 ex.s. c 45 § 3.] RCW 35.87A.040 Resolution of intention to establish -- Contents -- Hearing. The legislative authority, after receiving a valid initiation petition or after passage of an initiation resolution, shall adopt a resolution of intention to establish an area. The resolution shall state the time and place of a hearing to be held by the legislative authority to consider establishment of an area and shall restate all the information contained in the initiation petition or initiation resolution regarding boundaries, projects and uses, and estimated rates of assessment. [1971 ex.s. c 45 § 4.] RCW 35.87A.050 Notice of hearing. Notice of a hearing held under the provisions of this chapter shall be given by: (1) One publication of the resolution of intention in a newspaper of general circulation in the city; and (2) Mailing a complete copy of the resolution of intention to each business and multifamily residential or mixed -use project in the proposed, or established, area. Publication and mailing shall be completed at least ten days prior to the time of the hearing. [1993 c 429 § 4; 1971 ex.s. c 45 § 5.] RCW 35.87A.060 Hearings. Whenever a hearing is held under this chapter, the legislative authority shall hear all protests and receive evidence for or against the proposed action. The legislative authority may continue the hearing from time to time. Proceedings shall teuuinate if protest is made by businesses and residential operators in the proposed area which would pay a majority of the proposed special assessments. [1993 c 429 § 5; 1971 ex.s. c 45 § 6.] RCW 35.87A.070 Change of boundaries. If the legislative authority decides to change the boundaries of the proposed area, the hearing shall be continued to a time at least fifteen days after such decision and notice shall be given as prescribed in RCW 35.87A.050, showing the boundary amendments, but no resolution of intention is required. [1971 ex.s. c 45 §, 7.] RCW 35.87A.080 Special assessments -- Legislative authority may make reasonable classifications -- Assessments for separate purposes. For purposes of the special assessments to be imposed pursuant to this chapter, the legislative authority may make a reasonable classification of businesses and multifamily residential or mixed - use projects, giving consideration to various factors such as business and occupation taxes unposed, square footage of the business, number of employees, gross sales, or any other reasonable factor relating to the benefit received, including the degree of benefit received from parking. Whenever it is proposed that a parking and business improvement area provide more than one of the purposes listed in RCW 35.87A.010, special assessments may be imposed in a manner that measures benefit from each of the separate purposes, or any combination of the separate purposes. Special assessments shall be imposed and collected annually, or on another basis specified in the ordinance establishing the parking and business improvement area. [1993 c 429 § 6; 1985 c 128 § 2; 1981 c 279 § 2; 1971 ex.s. c 45 § 8.] RCW 35.87A.090 Special assessments -- Same basis or rate for classes not required -- Factors as to parking facilities. The special assessments need not be unposed on different classes of business and multifamily residential or mixed -use projects, as determined pursuant to RCW 35.87A.080, on the same basis or the same rate. The special assessments imposed for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area shall be imposed on the basis of benefit determined by the legislative authority after giving consideration to the total cost to be recovered from the businesses and multifamily residential or mixed -use projects upon which the special assessment is to be imposed, the total area within the boundaries of the parking and business improvement area, the assessed value of the land and improvements within the area, the total business volume generated within the area and within each business, and such other factors as the legislative authority may fmd and deteiiuine to be a reasonable measure of such benefit. [1993 c 429 § 7; 1971 ex.s. c 45 § 9.] RCW 35.87A.100 Ordinance to establish -- Adoption -- Contents. If the legislative authority, following the hearing, decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the following information: (1) The number, date and title of the resolution of intention pursuant to which it was adopted; (2) The time and place the hearing was held concerning the formation of such area; (3) The description of the boundaries of such area; (4) A statement that the businesses and multifamily residential or mixed -use projects in the area established by the ordinance shall be subject to the provisions of the special assessments authorized by RCW 35.87A.010; (5) The initial or additional rate or levy of special assessment to be imposed with a breakdown by classification of business and multifamily residential or mixed -use project, if such classification is used; and (6) A statement that a parking and business improvement area has been established. (7) The uses to which the special assessment revenue shall be put. Uses shall confolni to the uses as declared in the initiation petition presented pursuant to RCW 35.87A.030. [1993 c 429 § 8; 1971 ex.s. c 45 § 10.] RCW 35.87A.110 Use of revenue -- Contracts to administer operation of area. The legislative authority of each city or town or county shall have sole discretion as to how the revenue derived from the special assessments is to be used within the scope of the purposes; however, the legislative authority may appoint existing advisory boards or commissions to make recommendations as to its use, or the legislative authority may create a new advisory board or commission for the purpose. 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: PROVIDED, That such administration must comply with all applicable provisions of law including this chapter, with all county, city, or town resolutions and ordinances, and with all regulations lawfully imposed by the state auditor or other state agencies. [1971 ex.s. c 45 §.11.] RCW 35.87A.120 Use of assessment proceeds restricted. The special assessments levied hereunder must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose. [1971 ex.s. c 45 § 12.] RCW 35.87A.130 Collection of assessments. Collections of assessments imposed pursuant to this chapter shall be made at the same time and in the same manner as otherwise prescribed by Title 35 RCW or in such other manner as the legislative authority shall determine. [1971 ex.s. c 45 § 13.] RCW 35.87A.140 Changes in assessment rates. 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. The legislative authority shall adopt a resolution of intention to change the rate or additional rate of special assessment at least fifteen days prior to the hearing required by this section. This resolution shall specify the proposed change and shall give the time and place of the hearing. Proceedings to change the rate or impose an additional rate of special assessments shall terminate if protest is made by businesses or multifamily residential or mixed -use projects in the proposed area which would pay a majority of the proposed increase or additional special assessments. [1993 c 429 § 9; 1971 ex.s. c 45 § 14.] RCW 35.87A.150 Benefit zones -- Authorized -- Rates. The legislative authority may, for each of the purposes set out in RCW 35.87A.010, establish and modify one or more separate benefit zones based upon the degree of benefit derived from the purpose and may impose a different rate of special assessment within each such benefit zone. [1971 ex.s: c 45 § 15.] RCW 35.87A.160 Benefit zones -- Establishment, modification and disestablishment of area provisions and procedure to be followed. All provisions of this chapter applicable to establishment or disestablishment of an area also apply to the establishment, modification, or disestablishment of benefit zones pursuant to *RCW 35.87A.150. The establishment or the modification of any such zone shall follow the same procedure as provided for the establishment of a parking and business improvement area and the disestablishment shall follow the same procedure as provided for disestablishment of an area. [1971 ex.s. c 45 § 16.] NOTES: *Reviser's note: "RCW 35.87A.1.50" has been translated from "section 13 of this act," as the reference to section 13, herein codified as RCW 35_87A.130, was apparently erroneous. RCW 35.87A.170 Exemption period for new businesses and projects. Businesses or multifamily residential or mixed -use projects established after the creation of an area within the area may be exempted from the special assessments imposed pursuant to this chapter for a period not exceeding one year from the date they commenced business in the area. [1993 c 429 § 10; 1971 ex.s. c 45 § 17.] RCW 35.87A.180 Disestablishment of area -- Hearing. The legislative authority may disestablish an area by ordinance after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. [1971 ex.s. c 45 § 18.] RCW 35.87A.190 Disestablishment of area -- Assets and liabilities. Upon disestablishment of an area, any proceeds of the special assessments, or assets acquired with such proceeds, or liabilities incurred as a result of the fonnation of such area, shall be subject to disposition as the legislative authority shall determine: PROVIDED, HOWEVER, Any liabilities, either current or future, incurred as a result of action taken to accomplish the purposes of RCW 35.87A.010 shall not be an obligation of the general fund or any special fund of the city or town, but such liabilities shall be provided for entirely from available revenue generated from the projects or facilities authorized by RCW 35.87A.01.0 or from special assessments on the property specially benefited within the area. [1971 ex.s. c 45 § 19.] RCW 35.87A.200 Bids required -- Monetary amount. Any city or town or county authorized by this chapter to establish a parking .. improvement area shall call for competitive bids by appropriate public notice and award contracts, whenever the estimated cost of such work or improvement, including cost of materials, supplies and equipment, exceeds the sum of two thousand five hundred dollars. [1971 ex.s. c 45 § 20.] RCW 35.87A.210 Computing cost of improvement for bid requirement. The cost of the improvement for the purposes of this chapter shall be aggregate of all amounts to be paid for the labor, materials and equipment on one continuous or inter- related project where work is to be performed simultaneously or in near sequence. Breaking an improvement into small units for the purposes of avoiding the minimum dollar amount prescribed in RCW 35.87A.200 is contrary to public policy and is prohibited. [1971 ex.s. c 45 § 21.] RCW 35.87A.220 Existing laws not affected -- Chapter supplemental -- Purposes may be accomplished in conjunction with other methods. This chapter providing for parking and business improvement areas shall not be deemed or construed to affect any existing act, or any part thereof, relating to special assessments or other powers of counties,•cities and towns, but shall be supplemental thereto and concurrent therewith. The purposes and functions of parking and business improvement areas as set forth by the provisions of this chapter may be accomplished in part by the establishment of an area pursuant to this chapter and in part by any other method otherwise provided by law, including provisions for local improvements. [1971 ex.s. c 45 § 22.] RCW 35.87A.900 Severability -- 1971 ex.s. c 45. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not affected. [1971 ex.s. c 45 § 23.] • • ` t:.Y -� OFFICE OF THE MAYOR i 129 North Second Street p•-•i • i > �. City Hall, Yakima, Washington 98901 • • Phone (509) 575 -6050 • Fax (509) 576 -6335 NOTICE OF PUBLIC HEARING April 17, 2002 Dear Downtown Business Owner: In 1974, the City of Yakima created the State of Washington's first Parking and Business Improvement Area (PBIA) after a majority of businesses within the boundary of the area agreed to assess themselves for specific purposes. At that time, the Yakima Downtown Association (formerly the Downtown Area Redevelopment Committee) was established to act as the representative and liaison of this district to the City Council. As you may be aware, your business is located within a Parking and Business Improvement Area (PBIA) that was established in 1974, and reformed in 1996. The current PBIA designation expires June 10, 2002. The Yakima Downtown Association has voted unanimously to request renewal of the existing PBIA ordinance (R- 96 -53). The renewal will not alter the geographic boundary or change the current assessment to businesses. Yakima Downtown Association (YDA) members conducted an informational meeting for all assessed parties on March 12, 2002 to discuss this initiative. The City Council has set a date of May 7, 2002 at 2:00 p.m. at City Hall Council Chambers to conduct a public hearing to hear all protests and receive evidence for or against the proposed action (as required by state law) before voting on the renewal ordinance. The ordinance is enclosed with this letter as well as a map of the downtown Parking and Business Improvement Area boundary. If you have any questions regarding the ordinance or the process please contact Vaughn McBride, Downtown Revitalization Coordinator at 575 -6101. Sincerely, % , „c Mary lace Mayor Yakima Md m-Am.rc.ah illl�r 1994 - gee_ ::::„ S!' 4 4 "I'''''4 i oite.D o o vv ASSO CIATIO N ep. K _M PETITION For The Reformation Of The Parking and Business Improvement Area In the City of Yakima We, the business owners located within the Yakima Downtown Business Association Parking and Business Improvement Area (PBIA), hereby petition the City of Yakima to reform the Downtown Parking and Business Improvement Area as authorized by RCW Chapter 35.87A within the boundaries established in Ordinance- R -96 -32 and as described in Exhibit "A" attached to this petition. Special assessments shall be levied upon the following classes of businesses and at the rates indicated below' with the total estimated annual cost for improvements set forth in Exhibit "B" not to exceed $65,000. 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 R -96 -32 passed. Current PBIA Assessment Schedule Number of Employees Classification Annual Assessment per Employee 1 — 5 Retail $20.00 6 and over Retail $40.00 1 — 5 Service $10.00 6 and over Service $20.00 Note: An employee is defined as any person or combination of persons whose total working hours equal 40 hours per week. Fractions of employees .5 or greater will be rounded up to the next whole number. Return signed petition to: Vaughn McBride City of Yakima, ONDS, 112 South Eight Street, Yakima, WA 98901 No Later Than Tuesday, April 30, 2002 Phone: (509) 575 -6101 Fax: (509) 575 -6176 Business Name Business Location Signature of Business Owner /Operator ' 1 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, alternative uses or (Ik) comm dev pima hearing reset 4 -02.pm • • projects may be substituted; provided, however, that such alternative uses or projects must include any one. or more of the following: (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area; (b) Decoration of any public place in the area; (c) Promotion of public events that are to take place on or in public places in the area; (d) Furnishing of music in any public place in the area; (e) Providing professional management, planning and promotion for the area, including the management and promotion of retail trade activities in the area; (f) Providing maintenance and security for common, public area; and (g) Any other purposes that may hereafter be permitted under Chapter 35.87A RCW, as amended, or its successor statute, if any; and provided further that the City in consultation with the Association may not substitute any such alternative use or project for those set forth on Exhibit B if, within 30 days of the City's mailing notice of such proposed substitution to all businesses within the PBIA subject to assessments, objections in writing are received from operators of businesses that would be required to pay more than fifty percent of the proposed special assessments within such PBIA. All such uses and projects shall be supplemental to regular street maintenance provided by the City and shall not displace any services regularly provided by the City. Section 3. In the event that such PBIA is renewed, special assessments would be levied against all businesses within the PBIA to provide funds necessary for the purposes set forth in Section 2, which special assessments would be levied upon the following classes of business and at the following rates: Number of Business Assessment Rate Employees* Classification Per Employee 1 - 5 Retail $ 20.00 6 and over Retail 40.00 • 1 - 5 Service 10.00 6 and over Service 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 (1k) comet der pb a hea mg 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 PBIA and then terminated. The city may then elect to reform such PBIA in accordance with the procedures for forming a new PBIA established by Chapter 35.87A RCW or any successor statute, if any. Section 6. All persons who may desire to support, object to, or comment on the renewal of such PBIA are hereby notified to appear at a hearing of the Council to be held at City Hall, Yakima, Washington, at 2 o'clock P.M., on May 7, 2002, which time and place are hereby fixed for hearing of all matters relating to the renewal of said PBIA, the proposed uses and projects to be financed within said PBIA, and the proposed special assessments to be levied upon businesses within said PBIA. Section 7. The City Clerk is hereby directed to prepare and give notice of such hearing in the manner required by law. PASSED by the City Council of the City of Yakima, Washington, at a regular meeting thereof held this 16th day of April, 2002. • S/ Mary Place Mary Place, Mayor ATTEST: S /Karen S. Roberts City Clerk Mailed: April 19, 2002 (tk) comm dev pbia hearing reset 4 -02.pm . City of Yakima ----� �.- YDA PBIA .~ `~\ Area ea - EXHIBIT A • N ��NC0 PJ0V Ls c. r •• •* ®•• e 11° *• Y e 0 Ilk ira d > ♦ z Fie N, ♦ ® H �� m COU -4_ ♦ 000e lb '7,, 9 LorerY • * fail ik z YeKima Moll Heaitc♦ m RI m •t• 0,,,,me ' ♦ E ♦ paoin9 t, 000( ' BIM ♦ t °v ♦• e♦ ♦ c PPi * = D• 1. he E ® Lers°n s Ta par king * N .= 40,0./,' l' E j ♦ 01d9 . it � z Fed J _ thous ° Z � V ♦ pa in9 Tra nsit r VS 5 E� n fe . % pa rid rig CA TP . TCEn ter ♦ • ♦ NZ Post `,1, o ♦ N Office e • e Ilk ••• ♦ e • 0 N v+ st .1s � Scale — lin =100ft 4 v r City of Yakima Washington � j ? � � • 0 200 400 March 28 2002 "• be • 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; 4 % a . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of May 7, 2002 ITEM TITLE: Public Hearing to Consider Reestablishment of the Downtown PBIA SUBMITTED BY: William R. Cook, Director M(1-i-1-1am ommunity and Economic Development CONTACT PERSON /TELEPHONE: Cook, 575 -6227 SUMMARY EXPLANATION: In 1974, the City of Yakima created the State's first Parking and Business Improvement Area (PBIA) resulting in an assessment of area businesses for specific marketing, promotional and area improvement purposes. The PBIA was created under the authority provided by RCW Chapter 35.87A (attached). The assessment is charged to all businesses and is used to maintain parking areas, establish a promotional budget and furnish other items such as holiday lights and decorations, landscaping, lighting, trees, and flowers for the benefit of the business area. The City Council appoints area business owners to the YDA to oversee the use of assessment funds. At the August 2, 2001 meeting, Jar Arcand, Chairman of the Yakima Downtown Association distributed assignments to Board members to begin inventorying their areas, identifying current businesses, addresses and phone numbers. Over the following months, efforts were made by YDA members to update the list of businesses in the PBIA area. In February 2002, Council approved a motion assigning Vaughn McBride to the temporary position of Downtown Commercial Revitalization Planner to work with the YDA on the PBIA renewal and other downtown marketing and promotional activities (see attached list of current assignments). At your meeting on April 16, 2002, Council set May 7, 2002 as the date for a public hearing to receive evidence for or against the proposed establishment of the downtown PBIA. Accordingly a Notice of Public Hearing, and packet of information was mailed to downtown businesses (see attached packet). At the public hearing, the City Council should hear all protests and receive evidence for or against the proposed action. Council may continue the public hearing to a future date certain to gather additional information. After the hearing is closed, the City Council has the authority to pass an ordinance reestablishing the PBIA, unless protest is made by businesses and residential operators in the PBIA area which would pay a majority of the proposed special assessments. Resolution_ _Ordinance X Other Specify) Funding Source: APPROVED FOR SUBMITTAL: ��� �• City Mdnager STAFF RECOMMENDATION: BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Ordinance passed. ORDINANCE N. 2002 -26 Ongoing Activities • Co -Chair Leadership Yakima Executive Committee • Co -Chair United Way Allocations Panel activities • Monitor employee recruitment goal — ClientLogic • Monitor occupancy goal — Grand Hotel • Monitor availability of census data relevant to Yakima Urban Area interests • Respond to Census 2000 data inquiries • Respond to inquiries concerning area development opportunities • Research downtown redevelopment /revitalization issues • Research upcoming downtown revitalization convention, conference and training opportunities • Provide technical assistance to area housing development agencies March through May, 2002 • Draft agenda statements. Confer with City Legal and legal consultant concerning appropriateness of PBIA Resolution and Ordinance language and contents. • Draft resolution(s) and ordinance for review by City Legal • Conduct PBIA informational meeting for PBIA business owners in Council Chambers • Coordinate preparation of information packet and public hearing packet contents • Review listing of business licenses issued • Compare listing of area business issued • Compare listing of area businesses, by licenses, with listing of assessment billing and remittances. Reconcile to establish an accurate accounting of affected businesses • Draft letter of thanks to Sue Baker /Cascade Affordable Housing for office space donation for Downtown Revitalization Program • Coordinate provision of donated space (interior finishes, security and access) • Reconcile PBIA business listing • Consult with City Finance re: assessment billing, billing rates and remittances • Canvass Yakima Mall, Tower Building and other locations along South 1st, 2 nd , 3rd Streets, and East Chestnut and East Walnut Streets.