HomeMy WebLinkAbout06/07/2011 08 DYBID Disestablishment - Public Hearing BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of June 7, 2011
ITEM TITLE: Public hearing for the City Council consideration of the intent to disestablish the
previously established 2008 Downtown Yakima Business Improvement District
(DYBID) as required by the legislation that established said District in 2008,
formed to allow the collection of special assessments from downtown Yakima
business owners and operators for the specific purposes set forth in said DYBID;
and if approved, for the Council's direction to the Legal Department to prepare
the legislation necessary to carry out said disestablishment on the anniversary
date of the 2008 DYBID.
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT PERSON/TELEPHONE: Jeff Cutter - 575 -6030
SUMMARY EXPLANATION: On May 17 2011 the City Council set this date and time for a
public hearing to consider the disestablishment of the 2008 Downtown Yakima Business
Improvement District (DYBID). The 2008 DYBID was established by action of the Council on
August 6, 2008 through Ordinance 2008 -41, providing for a three -year assessment collection
period for the downtown Yakima business owners and operators within the defined District. In
accord with the specific provision of Ordinance 2008 -41 the DYBID was intended to sunset on
or before its third anniversary. The 2008 DYBID became effective on September 8, 2011;
therefore its third anniversary shall be September 8, 2011.
At the conclusion of the public hearing the City Council may direct staff to prepare and present
the formal legislation to carry out the disestablishment of the 2008 DYBID, effective September
8, 2011. Upon disestablishment of the DYBID no further assessments shall be imposed and
when the proceeds of the assessments collected prior to the disestablishment are exhausted in
accord with the terms of the DYBID the benefits received through the DYBID shall terminate.
Resolution Ordinance Contract Other(Specify)
Contract Mail to (name and address):
• Phone:
Funding Source
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Conduct a public hearing in the City Council Chambers at
Yakima City Hall to consider the disestablishment of the 2008 DYBID, and direct staff to
prepare the appropriate legislation.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
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• ORDINANCE NO. 2008 -41
AN ORDINANCE of the City of Yakima, Washington, relating to a Downtown Business
Improvement Area; establishing a Downtown Yakima Business
Improvement District in the downtown area of the .City of Yakima
pursuant to Chapter 35.87A RCW; establishing special assessments for
certain uses and projects within such Downtown Yakima Business
Improvement District, as provided herein; and establishing the time for
City Council action to adopt a resolution of intention to disestablish said
Downtown Yakima Business Improvement District.
WHEREAS, the City Council of the City of Yakima, Washington ( "City "), on July 15,
2008, adopted Resolution No. R- 2008 -115 initiating the establishment of the Downtown Yakima
Business Improvement District in downtown Yakima, in accordance with RCW 35.87A.030 and
RCW 35.87A.040, and the title of Resolution No. R- 2008 -115 was "A Resolution of the City
Council of the City of Yakima, Washington, initiating the establishment of a Downtown Yakima
Business Improvement District for the downtown area of the City and setting the time for a
public hearing for August 6, 2008, at 7:00 p.m., for the consideration of establishing said
District "; and
WHEREAS, the City Council by adopting Resolution No. R- 2008 -115 set a public
hearing date to be held at City Hall, Yakima, Washington, on August 6, 2008, at 7:00 p.m.,
relating to the formation of said Downtown Yakima Business Improvement District, the
geographic description of the Downtown Yakima Business Improvement District, the proposed
uses and projects to be financed within said Downtown Yakima Business Improvement District,
and the proposed special assessments to be levied upon businesses within said Downtown
Yakima Business Improvement District; and
WHEREAS, notice of the hearing set for August 6, 2008, at 7:00 p.m., was given as
provided in RCW 35.87A.050; and
WHEREAS, a public hearing concerning the establishment of the Downtown Yakima
Business Improvement District was held on August 6, 2008, at 7:00 p.m., in the City Council
Chambers of City Hall, 129 North Second Street, Yakima, Washington; Now, Therefore;
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The City of Yakima, Washington (the "City "), hereby establishes a
Downtown Yakima Business Improvement District (hereafter "DYBID ") in downtown Yakima,
as provided in Chapter 35.87A RCW, for the purpose of assisting trade, economic vitality,
security and livability within the District. The boundaries of the DYBID are described in
Exhibit "A" and illustrated in the map attached as Exhibit "B ", attached hereto and by this
reference fully incorporated herein.
Section 2. The uses and projects to which the special assessments shall be put are set
forth on Exhibit "C ", attached hereto and by this reference fully incorporated herein. The
special assessments shall be applied among the various uses and projects set forth in
Exhibit "C" so as to accomplish, as nearly as may be possible, all such uses and projects for
which said assessments are estimated and budgeted, as set forth in Section 4 of this
Ordinance. If the City determines, in consultation with the Committee for Downtown Yakima
( "CDY ") that it has become impractical or undesirable to accomplish any of the described uses
• or projects set forth in Exhibit "C" by reason of increased costs, changed conditions or needs,
alternative uses or projects may be substituted; provided, however, that such alternative uses
or projects must include any one or more of the following:
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(a) The acquisition, construction or maintenance of parking facilities for the benefit
of the area;
(b) Decoration of any public place in the area;
(c) Promotion of public events that are to take place on or in public places in the
area;
(d) Furnishing of music in any public place in the area;
(e) Providing professional management, planning and promotion for the area,
including the management and promotion of retail trade activities in the area;
(f) Providing maintenance and security for common, public areas; and
(g) Any other purposes that may hereafter be permitted under Chapter 35.87A
RCW, as amended, or its successor statute, if any; and provided further that the
City in consultation with CDY may not substitute any such alternative use or
project for those set forth on Exhibit "C" if, within 30 days of the City's mailing
notice of such proposed substitution to all businesses within the DYBID subject
to assessments, objections in writing are received from operators of businesses
that would be required to pay more than fifty percent (50 %) of the proposed
special assessments within such DYBID.
All such uses and projects shall be supplemental to regular street maintenance provided
by the City and shall not displace any services regularly provided by the City.
Section 3. Special assessments shall be levied against all businesses within the DYBID
to provide funds necessary for the purposes set forth in Section 2, and the special assessments
shall be levied upon the following classes of business and at the following rates; provided,
however, that businesses established after the DYBID has become effective shall be exempted
from the special assessments imposed pursuant to this Ordinance for a period of one year from
the date they commence business within the DYBID:
A. Property Assessment
The Downtown Yakima Business Improvement District property assessment utilizes
Assessed Property Value to determine the assessment. Each property owner within the
Downtown Yakima Business Improvement District shall pay an assessment determined
by the Yakima County Assessor's assessed value for the property owner's particular
property as a percentage of the aggregate of all similarly assessed property values for
all properties located within the corresponding DYBID Zone. The property's calculated
DYBID assessment shall be determined at the time the DYBID is established and shall
remain at that value throughout the term of this DYBID, unless amended in the interim
by application of the statutory modification process set forth in RCW 35.87A.140 or as
hereafter amended.
B. Business Assessment
The Downtown Yakima Business Improvement District business assessment shall be
assessed based upon the City- issued business license. Each business license holder
within the District shall be assessed a Downtown Yakima Business Improvement District
assessment of $100.
C. Non Profit Assessment
Non- Profit organizations shall be assessed a reduced property assessment of sixty
percent (60 %) of the standard property assessment rate applied within the Zone the
non - profit property is located in. There shall be no discount for the business license fee.
D. Service Cost Allocations As Basis For Property Assessment
There are differing service needs within the DYBID and therefore two (2) service zones
with individually specific assessment rates are hereby established. The levels of
appropriate service delivery within each zone are based upon an analysis of the current
service delivery needs of the District and projected future needs over the term of the
District. Each zone's assessment rate is calculated by determining the District -wide
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• shared expenses applicable to both zones and the differing zone - specific maintenance
expenses for each individual zone, allocating the final zone - specific expenses over the
total assessed value within the. applicable zone. The difference between Zone One and
Zone Two assessments is the differing Zone - specific .maintenance costs. Zone One
receives additional seasonal maintenance services to maintain the increased
landscaping therein. All other costs and services are shared equally by both zones.
E. Calculation of Property Assessments
Based upon the property assessment methodology described above, property
assessments for each Zone are established as follows:
Assessment Per Zone One Zone Two
Dollar of Assessed Value $0.000937 $0.000772
F. Other
Single- family residences and any building containing three or fewer residential units only
that are located in the DYBID will not be included in or receive the property assessments
in the Downtown Yakima Business Improvement District ( "DYBID ") that is established in
accordance with the procedures of Chapter 35.87A RCW and is described in this
Ordinance.
G. Schools
All Schools that are located in the DYBID will not be included in or receive the property
assessments in the Downtown Yakima Business Improvement District ( "DYBID ") that is
established in accordance with the procedures of Chapter 35.87A RCW and is
described in this Ordinance.
H. Religious Institutions
Religious institutions, including churches, that are located in the DYBID will not be
included in or receive the property assessments in the Downtown Yakima Business
Improvement District ( "DYBID ") that is established in accordance with the procedures of
Chapter 35.87A RCW and is described in this Ordinance; provided, however, that
religious institutions that are located in the DYBID are requested to make a suggested
voluntary donation of Two Hundred Dollars ($200.00) per year to be contributed
voluntarily to the fund consisting of the special assessments that are collected pursuant
to this Ordinance.
Section 4. The total estimated annual budgetary requirement from DYBID sources
necessary to provide the services and uses described in Section 2 and Exhibit "C" is Two
Hundred Fifteen Thousand Five Hundred Twenty -Six Dollars ($215,526.00).
Section 5. The special assessments described herein will be levied every year for three
(3) years following the effective date of this ordinance. Upon or before the third (3
anniversary of this DYBID the City Council shall take the legislative action described in RCW
35.87A.180 to effectively disestablish the DYBID formed by this Ordinance. In order to timely
fulfill the required disestablishment, in the month of May, 2011, the City Council shall adopt a
resolution of intention to disestablish this DYBID, identifying the time and place of the public
hearing to be set . at least fifteen (15) days thereafter and advertised in accord with RCW
35.87A.050. During the public hearing the City Council shall approve by Ordinance the
disestablishment of this DYBID. The City may thereafter elect to initiate a new DYBID in
accordance with the procedures for forming a new District as established by RCW 35.87A or
any successor statute, if any.
Section 6. This ordinance shall become effective and shall be in full force and effect 30
days after its passage and publication in accordance with law.
PASSED BY THE CITY COUNCIL this 6 day of August, 2008.
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/s/ David Edler
David Edler, Mayor
ATTEST:
/s/ Deborah Moore
City Clerk
Publication Date: August 9, 2008
Effective Date: September 8, 2008
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EXHIBIT "A"
District Boundary
The Downtown Yakima Business Improvement District is broken into two. The boundaries of
each zone are described as follows:
Zone One
Zone One represents all the DYBID properties that have frontage on Yakima Avenue from the
centerline of 8 Avenue east to centerline of 9 Street with the exception of parcel
#18132442461 (First Presbyterian Church). Zone One also includes the current Holiday Inn
express properties and Howard Johnson properties on the north side of Yakima Avenue
backing up to Gateway Center. Those parcel numbers are 19131912547, 19131911507,
19131911022, 19131911077, 19131911023, 19131911025, 19131911026, 19131911031,
19131911030, 19131911029, 19131911027 and 19131911028. Also included in Zone One are
all properties east of the railroad tracks from the centerline of Lincoln Avenue south to the
centerline of Walnut Street to properties that have frontage on the eastside of Naches Avenue.
East of Naches Avenue the Zone narrows to the centerline of Chestnut Street as the southern
border. Zone . One also includes parcels 19131913414, 19131913415, 19131913416,
19131913417, 19131913418, 19131913419 and 19131913420 which are on the west side of 6
Street between Chestnut Street and Walnut Street. The northern edge of Zone One in this
area is the northern edge of the properties that includes the current Red Lion Hotel and it's
adjoining parking lot's edge, the Yakima Convention Center and its adjoining parking lot's
northern edge and the Greater Yakima Chamber of Commerce and the adjoining parking lot's
northern edge. Those northern parcels are 19131912414, 19131912561, 19131912560,
19131912447, 19131912505 and 1913191294. The northern section of Zone One also
includes parcels 19131921472, 19131921473, 19131921474, 19131921475, 19131921476 and
19131921477 which face the centerline of 6 Street between Martin Luther King and 'A' Street.
Zone One includes approximately 41 blocks.
Zone Two
Zone Two represents the entire area that is north and south of the frontage properties along
Yakima Avenue to the centerline of Lincoln Avenue and Walnut Street respectively and
between the railroads tracks and 7 Avenue. Zone Two also includes parcel # 18132442454
which is on the southeast corner of Summitview Avenue and 8 Avenue. All properties that
have frontage on West Yakima Avenue from the railroad tracks west to centerline of 7 Avenue
are included in Zone Two. Zone Two represents 36 complete blocks.
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EXHIBIT "B"
Map of Zoned District
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Exhibit "3"
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• EXHIBIT "C"
The . Downtown Yakima Business Improvement District assessments shall be used to
supplement the Committee for Downtown Yakima budget in order that the Committee can
continue to provide services toward fulfillment of the following purposes, unless said purposes
are modified in accord with Section 2 of the DYBID Ordinance:
Clean Services
The Committee for Downtown Yakima (hereafter "CDY ") shall continue to supplement
existing City of Yakima services by adding an additional 7,840 man hours of services
throughout the Downtown Yakima Business Improvement District. CDY will use the best
equipment available to ensure the most, efficient approach to clean services. The
services provided will include:
• Pressure washing of sidewalks - CDY shall keep the new sidewalk features
looking sharp by pressure washing them on a regular basis to remove spills, dirt
and gum. Further, CDY shall regularly clean all new street features including
benches and water fountains.
• Weed abatement — CDY shall constantly spray and remove weeds throughout
the district
• Daily trash removal — CDY shall pan and broom each sidewalk and curb in the
district to remove trash and debris through the entire district.
• Special Projects — CDY shall work with the City of Yakima and remain flexible to
work on special projects that come up each year.
• Graffiti Removal — A service of the CDY Clean and Safe Team will be immediate
graffiti removal throughout the entire district from both public and private
property. CDY's goal will be removal within 24 hours of the graffiti being
reported. After receiving a signed waiver from a victimized property owner,
CDY's clean team shall remove graffiti from private property at no charge. In the
case of areas that receive graffiti damage regularly, CDY will gladly store extra
paint to do the work on demand. CDY shall use a combination of chemicals and
pressure washing equipment that are sensitive to the various surfaces in
downtown Yakima.
Safety Services
The Committee for Downtown Yakima shall work actively to create a safe environment
for visitors, customers and employees through the ambassador program by. adding
4,512 annual security hours per year throughout the. entire District. The program shall
be active from April 15 to October 15 each year, seven days a week, eight hours a day.
The CDY ambassadors shall be on the street from 11:00 — 7:30 p.m. daily. Their
schedule will vary to accomodate special events and downtown activities. Each
ambassador shall be connected through radio and cell phone to respond immediately to
any downtown security issue. The ambassadors shall be trained to know local
businesses and shall be a point of contact for those downtown users on the street who
need help finding businesses and directions.
Landscape and Special Projects
The Committee for Downtown Yakima shall manage the hanging baskets, flower beds
and flower pots throughout the District. The cost to maintain these displays and
purchase the plants for them annually will come from Downtown Yakima Business
Improvement District funds. On a weekly basis, CDY shall deadhead, fertilize and
properly maintain the baskets, pots and planting areas to ensure a positive feel and
attractive look to downtown Yakima. CDY anticipates spending approximately 30 man-
i hours per week on this project. The hanging baskets, flower beds and flower pots within
the District shall be planted with a variety of flowers during the summer months and re-
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planted with fall- appropriate plants in mid September. All planting areas throughout the
District shall be weeded and mulched.
Economic and Business Development
The Committee for Downtown Yakima shall continue to work toward attracting new
businesses to the District and help retain the thriving business community of today.
CDY shall do this by continuing to be a knowledge base for all available commercial and
office spaces in the Downtown Yakima Business Improvement District and by actively
recruiting new tenants. CDY shall also work closely with developers to grow the number
of living units available within the District.
Marketing /Communication
The Committee for Downtown Yakima shall continue to market the changes occurring
within the District and shall work to market the Downtown Yakima Business
Improvement District to visitors and locals alike.
• CDY shall continue to operate and expand the CDY website, which averages
over 30,000 hits per month and 800 unique visitors. CDY shall work to expand
individual listings for each District business to ensure that as many District
businesses as possible have an Internet presence. These services will only be
available to the businesses within the District.
• CDY shall continue weekly District email updates to over 500 subscribers to
continue to inform the community about events, developments and people in the
District. CDY shall actively expand this list.
• CDY shall publish a bi- annual Downtown Yakima Business Improvement District
restaurant guide to be distributed by the business community and the Yakima
Valley Convention and Visitors Bureau.
• CDY shall publish an annual Guide to Downtown Yakima that will feature listing
of all businesses within the District, as well as other features of the District
including a calendar of events and a map of the District.
Advocacy /Leadership /Administration
The following is a list of the staff positions required to do the work included in the
management plan. All positions listed are full time, year round positions.
Executive Director — the Executive Director of the Committee for Downtown Yakima is
responsible for all fiscal oversight of all Business Improvement District programs with a
major focus on economic development, retail development, residential development and
advocacy. The Executive Director shall work to secure additional funding streams to
enhance the Business Improvement District resources to provide for special projects
that enhance the District.
Director of User Experience — the Director of User Experience for the Committee for
Downtown Yakima is responsible for all communications, marketing and outreach
programs. The Director of User Experience shall manage the website and the
production of all marketing materials, including the District shopping and restaurant
guides. The Director of User Experience shall also work with the retailers and
restaurants within the District to facilitate cooperative marketing and special events.
Clean and Safe Team Supervisor — the Clean and Safe Team Supervisor manages all
aspects of both the clean and safe teams, including the hiring, motivating and
assignment of all clean and safe team members. The Clean and Safe Team Supervisor
shall monitor the maintenance conditions throughout the District and create daily
assignments to keep the District clean and safe. The supervisor position is a working
position. The supervisor shall spend approximately 90% of his time working with the
clean and safe team and 10% doing administrative work.
Maintenance Foreman — the Maintenance Foreman is responsible for being the clean team's
full time leader on the street. The maintenance foreman shall constantly monitor the work of the
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ill clean team on a daily basis to ensure quality and shall interact with the District's business
community to address solutions to maintenance needs.
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