Loading...
HomeMy WebLinkAbout2011-058 Downtown Yakima Business Improvement District Establishment - Public HearingORDINANCE NO. 2011 -58 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 and establishing special assessments for certain uses and projects within such Downtown Yakima Business Improvement District, as provided herein. WHEREAS, the City Council of the City of Yakima, Washington ( "City "), on November 15, 2011, adopted Resolution No. R- 2011 -163 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; the title of Resolution No. R- 2011 -163 was "A Resolution of the City Council of the City of Yakima initiating the establishment of a new Downtown Yakima Business Improvement District (hereinafter DYBID) in the recently disestablished DYBID, for the purpose of collection of special assessments from Yakima downtown business owners and operators for the specific purposes set forth in this resolution of said intent; and setting the date, time and location for a public hearing to consider said establishment. "; and WHEREAS, the City Council by adopting Resolution No. R- 2011 -163 set a public hearing date to be held at City Hall, Yakima, Washington, on December 6, 2011, 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 December 6, 2011, 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 December 6, 2011, 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 any contractor retained by the City to accomplish the purposes of the DYBID ( "Contractor") and with full consideration of any recommendations from a DYBID Advisory Board that the Council creates in accord with RCW 35.87A.110, 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: (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. To assist the Council in overseeing the successful accomplishment of the DYBID's purposes and to provide direct participation and communication opportunity to the business owners and operators subject to the assessments within the District, following formation of the DYBID the City Council shall establish a DYBID Advisory Board comprised of business owners and operators who shall be chosen by business owners and operators within the DYBID. The Board members shall be owners and operators of businesses that are 1) located within the DYBID and 2) are subject to the assessments described herein. The legislation authorizing and establishing the DYBID Advisory Board shall be approved by the City Council within four (4) months of the establishment of the DYBID proposed herein. The Board shall be formed and shall operate in accord with the specifications set forth in the City ordinance establishing it. The primary purpose of the Advisory Board shall be to provide a regular path of communication with the City Council concerning the operation and activities of the DYBID, particularly with respect to the successful operation of the DYBID in meeting the stated purposes, as well as to present the Council with proposals affecting the operation of the DYBID within the parameters permitted by statute and the purposes set forth in Section 2 and Exhibit "C ". Section 4. Special assessments shall be levied against all businesses within the DYBID to provide funds necessary for the purposes identified in Section 2, and the special 0a 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 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 3 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 5. 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 Twenty One Thousand Two Hundred Ninety Eight Dollars ($221,298.00). Section 6. The special assessments described herein shall be levied annually following the effective date of the ordinance establishing the District until the DYBID is disestablished by the City Council through the statutory process set forth in RCW 35.87A.180, or as hereafter amended. Section 7. 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 6th day of December, 2011. ATTEST: L/ l � ` g�� Micah Cawley, Mayor City clerk SEAL Publication Date: December 9, 2011 �gSNING��� Effective Date:. January 8, 2012 El 0 EXHIBIT "A" District Boundary The Downtown Yakima Business Improvement District (DYBID) includes the properties contained within the following boundary: Beginning at the intersection South 7th Avenue and Walnut Street, following Walnut Street to South 6th Street, north to East Chestnut Avenue, then easterly along Chestnut Avenue to North 9th Street, north along 91h Street to Yakima Avenue to the alignment of 11th Street, then north along 11th Street to "A" Street, then westerly along "A" Street to 9th Street. The boundary then includes all the properties north of "A" Street belonging to the City of Yakima and used as parking lots (County Assessor Parcels 191319 - 12492, 191319 - 12493, 191319 - 12505, 191319- 12505, and 191319 - 12446), and including the Convention Center (191319- 12560), the hotel complex (19131912561) and one parcel northeast of the alignment of "A" Street at the intersection of North 6th Street. The boundary then continues north along North 6th Street, including all properties west of 6th Street to Martin Luther King Jr. Boulevard, then westerly to the first alley and northerly along the alley to East Lincoln Avenue and continuing along Lincoln Avenue to Pierce Avenue, then southerly along Pierce Avenue to Summitview Avenue, then westerly along Summitview Avenue to South 8th Avenue to West Yakima Avenue. With the exception of First Presbyterian Church property, the boundary includes 702 W Yakima Avenue (191324- 42462) and then follows South 7th Avenue back to beginning at Walnut Street. The DYBID is broken into two zones for assessment purposes. The boundaries of the zones are ® described as follows: Zone One Zone One represents all of the DYBID properties that have frontage on Yakima Avenue from the centerline of 8th Avenue east to the centerline of 9th Street, with the exception of First Presbyterian Church. Zone One also includes all properties east of the railroad tracks within the boundary. 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, and west of the railroad tracks within the boundary of the DYBID. 40 Assessments by Zone Z.—d A. Assessment exempt P—p—t— $0 Zone 1 $127,87D zi, Zone 1 non-p—tit $7,437 Zone 2 $39, 048 Y x. .•' � Zone 2 on-p—fit $1,552 Business License Fee 110 DYBIDArea �--nt Total .�-2-,= $221,307 1A 0 AN PV • , NO 109 (P lcl� Ifl ul, EXHIBIT B Downtown Yakima Business Improvement District (DYBID) 11/8/2011 - City of Yakima - GIS Services EXHIBIT "C" The Downtown Yakima Business Improvement District assessments shall be used to supplement the cost of contracting for the services necessary to fulfill the following purposes, unless said purposes are modified in accord with appropriate procedure. The term "CONTRACTOR". herein refers to the entity with which the City of Yakima contracts to perform the following tasks and services. Clean Services The CONTRACTOR shall supplement typical existing City of Yakima services by inputting an additional ten thousand (10,000) employee hours of services throughout the Downtown Yakima Business Improvement District. CONTRACTOR will use the best equipment available to ensure the most efficient approach to clean services. The services provided will include: • Pressure Washing of Sidewalks — CONTRACTOR will provide regular maintenance for the new and existing sidewalk features, cleaning by pressure washing .them to remove spills, dirt and gum. Further, CONTRACTOR will regularly clean all new street features including benches and water fountains and will ' provide additional maintenance attention as necessary following special events in the DYBID. • Weed Abatement CONTRACTOR will spray and remove weeds throughout the entire district. • Daily Trash Removal — CONTRACTOR will regularly pan and broom sidewalks • and curbs to remove trash and debris throughout the entire district and shall empty the trash receptacles within the DYBID area a minimum of two times per week or as necessary to maintain cleanliness. • Special Projects — CONTRACTOR will cooperate with the City of Yakima to remain flexible to work on special projects that come up each year. • Graffiti Removal — CONTRACTOR shall provide immediate graffiti removal throughout the entire district, including both public and private property. CONTRACTOR's goal will be to remove graffiti within 24 hours of it being reported. After receiving a signed waiver from a private property owner, CONTRACTOR will remove any graffiti from private property for no charge. In the case of areas that receive graffiti damage regularly, CONTRACTOR will store extra paint to do the work on demand. CONTRACTOR shall use a combination of chemicals and pressure washing equipment that is sensitive to the various surfaces in downtown Yakima to accomplish the graffiti removal. Landscape and Special Projects The CONTRACTOR will manage and maintain the hanging baskets, planters and flower beds throughout downtown Yakima. The annual cost to maintain these and purchase necessary pots, plants and baskets annually will come from DYBID funds. On a regular basis, CONTRACTOR will deadhead, fertilize and properly maintain the baskets, planters and planting areas to ensure a positive feel and attractive look to downtown Yakima. The hanging baskets, flower beds and flower pots throughout the District will be planted with a variety of flowers during the summer months and seasonally appropriate plants in mid - September. All other planting areas throughout • the District will be weeded, mulched and planted with a variety of flowers each summer. CONTRACTOR shall mow, fertilize and maintain the public lawn areas in the DYBID area during the summer and shall maintain the safety and appearance of ornamental lighting within the District. Safety Services The CONTRACTOR shall work actively to create a safe environment for visitors, customers and employees,- by adding a security presence of approximately 4,500 security hours per year throughou the entire District. The program shall be active from April 15 to October 15 each year, seven days a week, eight hours a day. CONTRACTOR's security personnel shall be on the street from 11:00 a.m. — 7:30 p.m. daily. Their schedule will vary to accommodate 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. Economic and Business Development The CONTRACTOR will continue to work to attract new businesses to downtown and to retain the thriving business community of today. To accomplish this CONTRACTOR shall be a knowledge base for identifying available commercial and office spaces in the DYBID area, actively recruiting new tenants and being a resource for those business interested in opening downtown. Marketing /Communication • The CONTRACTOR will continue to market the changes occurring in downtown and will work on promoting the downtown business community to visitors and locals alike. • CONTRACTOR will operate and expand a District website. CONTRACTOR will work to expand individual listings for each District business to ensure that as many businesses as possible have an internet presence. The services will only be available to the businesses within the District. • CONTRACTOR will send weekly District email updates to internet subscribers to inform the community about events, developments and people in District. CONTRACTOR will actively work to expand this list. • CONTRACTOR will provide a detailed annual report to the City Council and the DYBID Advisory Board describing the services provided in the previous year, describing issues and challenges related to the provision of services and meeting performance standards; report on potential projects that could affect 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 are full time, year round positions. Executive Director — the CONTRACTOR's Executive Director is responsible for all fiscal oversight of all DYBID programs with a major focus on economic development, retail development, residential development and advocacy. The Executive Director will work to secure additional funding streams to enhance the DYBID resources for special projects that enhance the District. Maintenance Manager — the Maintenance Manager will lead all street level. The Maintenance Manager will coordinate all cleaning projects and work one on one with property owners to address cleaning and safety issues. The Maintenance Manager will be available via cell phone to all DYBID ratepayers to schedule quick and prompt service calls. • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: December 6, 2011 ITEM TITLE: Public hearing and consideration of an Ordinance establishing the Downtown Yakima Business Improvement District in accord with terms of Council Resolution 2011 -163 for public participation. SUBMITTED BY: Jeff Cutter, City Attorney CONTACT Jeff Cutter, City Attorney /509 - 575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: On November 15, 2011 the City Council set December 6th, 2011 as the date for a public hearing, as required by RCW 35.87A, to consider the establishment of the Downtown Yakima Business Improvement District ( DYBID) • described in the attached Ordinance. Following the public hearing the City Council may choose to establish said DYBID consistent with the terms of Resolution 2011 -163 and the attached Ordinance. Alternatively, following the hearing the Council may decide to amend the attached Ordinance, which depending upon the amendment(s) proposed, may require a continuation of the public hearing after an opportunity for further notice so that the parties subject to the proposed assessments have opportunity to comment on the amended proposal (RCW 35.87A.070). Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: A�[ ��'�— City Manager STAFF RECOMMENDATION: Consider the legislation presented. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: • Click to download ❑ DYBID Establishment Ordinance ❑ DYBID Establishment, Exhibit A ❑ DYBID Establishment, Exhibit B ❑ DYBID Establishment, Exhibit C i i • • •