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HomeMy WebLinkAbout08/06/2008 00 Agenda and Packet • l FILE CITY HALL co , Y � Confidential — E.S. — PL items l-- -- Davi Edler, Mayor • - �� 41 1, Micah Cawley, Assistant Mayor `` ' Yakima Kathy Coffey iiv,,-.1.- CL K (�, Rick Ensey City Counci . Norm Johnson • ,,, Bill Lover 129 N. 2nd Street,Yakima,WA. 98901 Neil McClure Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr. Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk YAKIMA CITY COUNCIL ADJOURNED MEETING • PUBLIC HEARING REGARDING PARKING AND BUSINESS IMPROVEMENT AREAS AUGUST 6, 2008 - 7:00 P.M. COUNCIL CHAMBERS - YAKIMA CITY HALL Ah 1. Roll Call 2. A. Public Hearing and Consideration of an Ordinance disestablishing Parking and Business Improvement Area (PBIA) No. 1 in the downtown area and terminating special assessments collected for certain uses and projects within the PBIA B. Public Hearing and Consideration of an. Ordinance establishing a - Downtown Yakima Business Improvement District (DYBID) in the downtown area and establishing special assessments for certain uses and projects within the DYBID 3. Adjournment to August 19, 2008 at 11:30 a.m. at the Yakima Convention Center, Room 1, for an Executive Session regarding the City Manager's Annual Review 1 . Yakima �r�.e City ofYakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strongYakima community. 1 II U! Adopted March 2008 1994 COUNCIL ACTION ON YAKIMA CITY COUNCIL ADJOURNED MEETING PUBLIC HEARING REGARDING PARKING AND BUSINESS IMPROVEMENT AREAS AUGUST 6, 2008 — 7:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call All Council Members were present. Staff included City Manager Zais, Senior Assistant City Attorney Harvey and City Clerk Moore 2. A. Public Hearing and Consideration of an Ordinance disestablishing Parking and Business Improvement Area (PBIA) No. 1 in the downtown area and terminating special assessments collected for certain uses and projects within the PBIA ACTION: The public hearing was held. Ordinance was passed. ORDINANCE NO. 2008 -40. VOTE: Unanimous B. Public Hearing and Consideration of an Ordinance establishing a Downtown Yakima Business Improvement District (DYBID) in the downtown area and establishing special assessments for certain uses and projects within the DYBID ACTION: Motion carried to amend Ordinance (Section 3, Add "G ") to exempt schools located in the DYBID. VOTE: 6 -1, Coffey voting no. ACTION: Motion carried to amend Ordinance (Section 3, Add "H ") to exempt religious institutions in the DYBID, provided they make a voluntary donation of $200 per year, and delete the last sentence in Section "C" (pertaining to non - profit assessment). VOTE: 6 -1, Coffey voting no. ACTION: Amended original ordinance passed. ORDINANCE NO. 2008- 41. VOTE: Unanimous 3. Adjournment AT 8:32 P.M. ACTION: Motion carried to adjourn to August 19, 2008 at 11:30 a.m. at the Yakima Convention Center, Room 1 for an Executive Session regarding the City Manager's Annual Review BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1111 Item No. I For Meeting of August 6, 2008 ITEM TITLE: (A) Hearing on and Consideration of an Ordinance of the City of Yakima, Washington, relating to parking and business improvement areas; disestablishing Parking and Business Improvement Area No. 1 in downtown Yakima; and terminating special assessments heretofore collected for certain uses and projects within said parking and business improvement area as provided therein; and (B) Hearing on and Consideration of 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. SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Sean Hawkins, CDY, 225 -2485 Chris Waarvick, 576 -6411 SUMMARY EXPLANATION: On July 15, 2008, City Council set this Wednesday, August 6, 2008 at 7:00 p.m., as the date and time of Public Hearing to consider establishing a new Downtown Yakima Business Improvement District (DYBID) pursuant to Chapter 35.87A RCW. As part of this action, Council adopted two resolutions expressing the intent to disestablish the old PBIA #1 (Resolution No. 2008 -114) and establish a larger, more robust Downtown Yakima Business Improvement District (DYBID) (Resolution No. 2008 -115). The Committee for Downtown Yakima (CDY) is the non - governmental entity allowed under State Law to represent business interests for certain downtown improvements and activities. They proposed to the City Council over 12 months ago to establish more robust maintenance and business promotion programs. CDY has reported that over 60% of assessed value had (Continued on next page) Resolution Ordinances 2 Other: Mail to (name and address): Funding Source: Downtown Business Entities APPROVED FOR SUBMITTAL: -� �� - City Manager STAFF RECOMMENDATION: Staff respectfully requests that City Council hold the Public Hearings; and, either pass an Ordinance for disestablishing the PBIA #1 and pass an Ordinance for establishing the DYBID or provide staff further direction with regard to the formal legislation and Council scheduling. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Council Downtown Yakima ® Futures Initiative Committee approved setting the date for the Public Hearing and moving forward on this matter at their June 24, 2008 meeting. COUNCIL ACTION: Agenda Statement re Public Hearings and Ordinances re PBIA #1 and DYBID August 6, 2008 Page 2 • signed approval commitments for the proposed new DYBID. These signed petitions are available for inspection at the City Clerks office. On July 21, 2008, notice of the public hearing was provided by mailing a copy of Resolution No. 2008 -115 to 615 assessed parcels and business license holders within the proposed DYBID. A signed affidavit of the mailing and the complete list of addresses is available at the City Clerks Office. Notice of the hearing on the proposed DYBID set for August 6, 2008, at 7:00 p.m., was given as provided in RCW 35.87A.050. The new proposed DYBID is larger in both assessed valuation and area than the current PBIA #1. At the conclusion of the Public Hearing, the City Council may, subsequent to deliberation and amendment, approve the attached ordinances disestablishing the current PBIA #1 and establishing the new DYBID; or direct staff to bring the formal legislation back for action at a future Council meeting, August 19, 2008 Business Meeting, for example. • • • ORDINANCE NO. 2008- AN ORDINANCE of the City of Yakima, Washington, relating to parking and business improvement areas; disestablishing Parking and Business Improvement Area No. 1 in downtown Yakima; and terminating special assessments heretofore collected for certain uses and projects within said parking and business improvement area as provided therein. WHEREAS, on July 15, 2008, the City Council of the City of Yakima, Washington ( "City") adopted Resolution No. R- 2008 -114, therein expressing the Council's intent to disestablish Parking and Business Improvement Area No. 1 referenced in Ordinance No. 2002- 26 (hereafter referred to as "PBIA ") in downtown Yakima in accordance with RCW 35.87A.180, and setting a public hearing date to be held in the City Council Chambers at Yakima City Hall, Yakima, Washington, on August 6, 2008, at 7:00 p.m., for consideration of their intent to disestablish said PBIA; and WHEREAS, by said Resolution the City Council indicated its intention to disestablish the identified PBIA in order to comply with the conditions stated in said PBIA that they be terminated after a specific period of years; and WHEREAS, a public hearing concerning the disestablishment of the PBIA was held on August 6, 2008, at 7:00 p.m., Now, Therefore; BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima, Washington (the "City"), hereby disestablishes Parking and Business Improvement Area No. 1, as provided under RCW 35.87A.180, thereby terminating collection of special assessments associated therewith as well as the services provided by said special assessments for properties within the PBIA. Section 2. Upon the effective date of this Ordinance any proceeds collected from the special assessments associated with the disestablished Parking and Business Improvement Area No. 1 shall be applied to the provision of special services that may be associated with any new downtown PBIA that may hereafter be formed in accord with Chapter 35.87A RCW. Further, any liabilities, either current or future, incurred as a result of action taken to accomplish the purposes set forth in the former PBIA shall not be an obligation of the general fund or any special fund of the City of Yakima; rather, such liabilities shall be provided for entirely from available revenue generated from the projects or facilities previously authorized under the disestablished PBIA or from special assessment on the property specially benefited within the area. • 1 Section 3. This ordinance shall become effective thirty days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL this day of August, 2008. David Edler, Mayor ATTEST: City Clerk Ordinance No.: Publication Date: Effective Date: • • 2 • ORDINANCE NO. 2008- 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 Hail, 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 • 1 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: (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: S 2 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. Non - Profit organizations as referred to in this Section include, but are not limited to, non - profit corporations and religious institutions. 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. 3 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. 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 day of August, 2008. David Edler, Mayor i 4 ATTEST: • City Clerk Ordinance No.: Publication Date: Effective Date: • 5 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 its 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 7th Avenue are included in Zone Two. 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'' '''' \ -- ---\\ ' • \ \ \ \ _----\ v_ __\.,„ \ \ :---' --) V-- :' 1- .------ ,- -.\ \ \\----",----- ... ::-.; ,-_--___(s,,,V 'e-- \____ --_---- ----__. \ -._..--\ • ;\ ---\ ..„,-; _____--- -\ \----_:\ • \ 7 - \ \ \ -- ■ ,\-- .,..-\ . 3.) \ \ „c \ "< i:::-." \ --- --`1:-- . ,- ___ , , \ - _\ \ \ --\\ ---- \ \_ \\ - c --. \ -- EI T I. -\ \ \ --\ \ \, „ ,........-_\ ,vA \,\__ ‘..___. _ __ \-__\ . . ......- ....---\ ,,,___. \ _..._\\ \ --;-:_.-......_ _.- ....--\ __\ k., _, c — — --- \\- - ... . -..--- _.. ...---_, \\* -)■ - •-- , \_,-- \14 -., \:•-- A---2 \-- , ---\\ \-- \ - • \ ' , --\.___------.. \ _..\ Downtown Yakima Business Improvement District (DYBID) - - •-- .• .- - scx\ r--- ' --- -T'A ..., \---. \,--\ \ \ v - - ' - --- - 1 '?' ia \----v \ ----%.-.. , \ ..•-• ,--- \,.... -- . __,V, --•' ---- \0?-•- - - --- --\,,---. ----,' \- \\-- - - -- ..--, \ \ \ \----- ---- .- -- c:___ \-- ------ \ -- \ \ --- 'r"---' - \-' -.1 __-\ -."-----:_ \ -• •-:=5: :\- --\ , 6- - < \, --'-. -- -- \ 7 --- \----\-• ---, \ \\ -. \ c..„ -- --; \- \\,..--- _ 'ci- \ '-- . ----1- _\,_\ ----- \_---■ t.....-- 1 ,_.---, ‘, \ z _---- ___-, s.;_-- , ,......... , __, \ \-- \ \ \._- \ ‘..- -2--- 1 ---- \ '• _--- ..,.V , \ \ \ \---___.,\ ', .. ri\ \--__. ----• \ -- '--- --- .-- - ---- \ s . \\--:\ ' -,-----\ \ \ \--At . __---A, _.--- \ -\---\ \ \-- r _ \ \ \ . \-- \_-__-__\:----- . ,..-_-_-_-_ '_,_--•\ \----;•3 \----- .----, - ---1 0 1 inch equals 700 feet r iss ',. .... c Exhibit "B" • 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. 8 • 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-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- 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. 9 • 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 clean team on a daily basis to ensure quality and shall interact with the District's business community to address solutions to maintenance needs. • 10 YAKIMA HERALD - REPUBLIC CLASSIFIED 452 -7355 V1 4D • Suesday July 22 ; 2008 • r CITY YAKI_AAA r t • ;w Y "' NOTICE'OF PUBLIC HEARING To Consider Dlsestabllshment of Perking and BusIne88lmprovement A Number One "' • and EBUblishment of a • Downtown Yakima Business Improvement District NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing b the disestablishmentof the previously established'Park ng and Business Improvement Area (PBIA) Number One and estabfshment of a Downtown Yakima Business Improvement District- Said pudic hearing will be held August - 6, 2008 817 p.m. In the CoaCii Chambers at Yakima Chy Hail; 129.Nor1i, 2nd Street, Yakima, Washingto"'.All Inro ested parties are Invited to attend:. Fofowing 1 e resolution of intention to disestablish the previous PBIA and. as required by RCW 35.87A.050, the n: resol ution of Intention to establish the downtown district Is me • revl RESOLUTION NO. R -2008 -114 -A RESOLUTION of the City Council of the City of Yakima expresstng the Intent of, the Council to disestablish the o sry established Parking and Business Improvement Area Number One (hereinafter PBIA) fa Me to allow e collection of Special assessments from Yakima tlowmown :- , business owners and operators for the specific purposes set forth H said previously established PBIA; and setting the data: time, and place fora public hearing on August 6, 2008, at 7:00 p.m.; for consideration of said dbestablishment. WHEREAS in 1974, by Ordinance 1720, the Yakima City Council established the City of Yakima's Parking and Business Improvement Area No: 1, described WBNn the body of said Ordinance end established stablished' as a perpetual PBIA; and WHEREAS 1n 1996, by Ordinance 86.32, the Yakima Clly Council reformed and reestablished the downtown Parkingend Business improvement District No: 1; described therein and Indicated that said PBIA was intended to be terminated attar she years; and WHEREAS, In 2002, by Ordinance 2002.26,the Yakima City Council reformed e tl ,. reestablished the downtown Perking and Business Improvement Area No. 1 and designated that the PBIA so reformed and reestablished was to terminate after six .• years; and WHEREAS, the Yakima City Council now Intends to terminate said exIating PBIA No.1 in order to (1) consider the intent expressed by petition to ' establish a new Downtown Yakima Business Improvement District within an area that generally encompasses the areas Included within the existing PBIA No 1 sod (2) to fulfill the Intent expressed in the Ordinance reforming PBIA NO. that the PBIA be dIsestablIshed after a specified period of years: NOW, THEREFORE BE R' : RESOLVED by the City Council of the City of Yakima, Washington es follows:: There shall be a pubic heating held in the City Council Chambers at Yakima City i, Hall, Yakima, Washington on Wednesday, August 8. 2008, at 7:00 p.m., for consideration of, the City Council's intent to disestablish PBIA No: 1,,themby terminating ;�,',,, • . the collection of special assessments associated mph said PBIA, as well as terminating the provision of benefits and services derived through said special assessments for the AD related PBIA area: OPTED BY,THE CITY COUNCIL this 15th day of July, 2008. fsl David Eder, Moyor , ATTEST /s/ Deborah Moore Coy .,, • • Clerk ... ,: ADOPTED , " ,: • :, ,; f:`.. :' • RESOLUTION NO. R -2008 -115 -A RESOLUTION of the City C ouncil of the City of Yakima, Washington: initiall g the estaelishment of a Yakima Business Improvement District for the downtown area of the City and seeing the time for a public hearing for August 8, 2008, at 7.00 p.m., for the consideration of establishing.., said District. WHEREAS. the Ctty of Yakima. Washington (the'CIIyl has received an Inftlating petition from property owners and business owners and operators, .'° within the downtown Yadme area expressing a desire to establish a Downtown Yakima Business Improvement District (Hereafter TDYBI0' fora portion of downtown area of the City, In accordance wlm the procedures established by Chapter 35.87A RCW; WHEREAS, the petition received atdudes the Signatures of property ,, owners and business owners and operators In the proposed DYBIOthat would be responsible for the payment at more then eixly percent (60%) of the p eel • special assessments for the identified District; NOW, THEREFORE;' BE. IT RESOLVED by the City Coundl of the Clty of Yedma, Washington, as follows on 1'„ yi It is the Intention of the City Council (the "Council") of the City of Vadma, Washington, to establish a Downtown VeidmeBusiness Improvement District far a portion of the downtown area of Me City as provided urderChapter 35.B7A RCW, for ate purpose of assisting trade, economic vitality and tivabitity within the area The '; • boundaries of the DYBID are identified In the initiating petition that accompanies this Resolution and are specifically,described In.Exhibt A and Illustrated th Eehibtt ' B, attached hereto and by this reference Incorporated herein. Section 2.The uses and projects to whbh'the specie' assessments shall be put are ldentiled In the initiating petition that accompanies this Resolution and are set forth 16 Exhibit "C ";attached hereto and by this reference fully Incorporated herein The special assessments shalt be applied among the various uses and projects set forth in Exhibit "C" so as to accomplish, as neartyas may be possible, 'ell uses and - projects for which said assessments are estimated end budgeted, es set forth in Section 4.hereot. - Ii.the City determines, In consultation with the'Commlttee for Downtown Yakima ('COY' that ft become becoe 'Wreaks] or undesirable to aocompish any of the described uses or projects set forth In ExNbt.'C, by reason of Increased costs, changed conditions or needs, atemative uses orprojeds may be substituted; provided, however, that such atematve uses or projects must ". include any one or more of the foibwtnp: (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area; (b) Decoration of soy pubic.' , place In the area: (c) Promotion of public events that are to take place on or In public places hi the area:(d) Famishing 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, a Its . • successor statute, If any and provided further that the Ctry In consultation with CDY may not substitute any such alternative use or project for those not forth on • Exhibit 'C' If, within 30 days of MICRO mailing notice of such proposed substitution to all businesses within the DYBID subject to assessment objections In _ writing are received from operators of businesses that woad be required to pay more than fifty percent (50%) of the proposed speciatassessments within such DYBID AB such uses and projects shall be supplemental to regular street maintenance provided by the City and shall not disptaceeny sevices regularly provided ' - by the City. Section 3. In the event that, following a public hearing such PBIA Is established, special assessmentsshat.be levied against all businesses within the "...• `• PBIA to provide funds necessary for the purposes set forth in Section 2, and the special assessments shall be levied upon the following lasses of baelness and at • the following rates; provided, however, that businesses established after the DYBID.haa become effective shalt 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 Assessed Property Value to determine the assessment. ;Each property owner within the Downtown Yakima Business improvement District shall pay an assessment determined the Yakima Count Assessor's assessed value for the property owner's particular property as a percentage of the aggregate of all similarly assessed property values for at properties located within the DYBID Zone.' The ;smear :We' . calculated DYBID assessment shall be determined et the time the DYBID•rs established and shall remain at that value hroughon the tern of this DYBID, . ' ' amended in the interim by application of the statutory modlficaton prscass set forth in RCW 35.87A.140; or as hereafter emended. (B) Business Assessment —The . Downtown Yakima Business improvement District business assessment shall be assessed based upon the City - Issued buss ess license. Each business "' holder within the District shall be assessed a Downtown Yakima Buelness improvement District assessment of 5100. (C) Non Profit Assessment- Non - Profit, • organizations shall be assessed a reduced property assessment at sixty percent (60%) of the standard property assessment rate applied within the Zone the non- •. profit property is located in Thera shall be no discount for the business license fee. Service Cost Allocations As Basis For Property Assessment —There are differing ''. service needs within the DYBID and therefore two (2) service zones with tndfvidually specific assessment rates would be established. The of appropriate , - service delivery within each zone are based upon an analysis of the current service delivery needs of the District end projected future needs over the term of the. ' District. Each zone's assessment rate is calculated by determining the Disdcl.wide shared expenses applicable to both zones and the diftemg zone - specific maintenance expenses for each Individual zone „allocatinngg 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 I. - maintain the increased landscaping therein. , All other costs and services would be shared equally by both zones.,Calculaton of Property Assessments —Based upon,; • the property assessment methodology described above, property assessmiente for each Zone would be established as follows • Assessment Per ;. 2one One :Zone Two - - . Oollerot Assessed Value ... $0.000937 $O.00D772 �:-- r ., .,.. �., .` (D) Other — Single - family residences and any building containing three or fewer residential unts only that are tocated in the DYBID will not be included In or receive the property assessments In the Downtown Yadma Business Improvement District ("DYBID' that is established in accordance with the procedures of Chapter ;, 3597A RCW and is desaibed In this Resolution. - Sedbn 4. The total estimated annual budgetary requirement from DYBID sources nece ry to provide the services end uses described in Section 2 and Exhibit Is Two Hundred Fifteen Thousand Five Hundred Twenty -Six Dollars ($215,526.00)• 5: if approved': • , otter public hearing, the special assessments described herein will be levied every ysarfor three (3) years following the effective date of the ordinance establishing . the District. It established, upon or before the third (3rd) anniversary of this DYBID the City Coundl shall take the leglsiative adbn 'described in RCW 35.87A.180 to : effectively disestablish the DYBID established by the Ordinance.' In order to timely fulfill-the required dlsestablhshment; N the month of May; 2011; the City Council. shall adopt a resolution of Intent to disestablish the DYBID; Identltytg the time and place of the peblk hearing to be setetleast fifteen (15) days thereafter and ' . advertised in accord writ RCW 35.87A.050.. During the public heating the City Council shall approve, by Ordinance the disestabtshnent of the 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, d - any Section 6. A public hearing g shell be he in the City Council Chambers of City Hall, 129 North.2n d Street, on Wednesday, August 6, 2008. at 7:00 p m for ' public comment and City Council consideration of establishing the proposed Downtown Yakima Business Improvemen.Districl.'- ADOPTED BY THE CITY COUNCIL this 15th day of July, 2008. /s/ David Ether, Mayor; ATTEST: /s/ Deborah Moore, City Clerk. Any citizen wishing to comment on the resolution Is welcome to attend .. • • - . the public hearing or contact the City Council in the following manner: (1) Send a letter via regular mall to'Yakima City Council, 129 N. 2nd Street, Yakima; WA ';'79' • 98901,” or (2) E'maltyour comments to ocoundlWd.yyakima.wa us Include b the e-r eh r subject line, DYBID Please also include your name and mailing address Dated Isis 22nd day of July, 2008. Deborah Moore, Clerk . ' . �,: ... EXHIBIT 'A District Boundary- -The Downtown Yadma Business bn roven'ment District Is broken Into Mb, The boundaries of each'zoneare described - as follows Zone One—Zone One represents all the DYBID properties that haveirontage on Yakima Avenue from the centerline of 8th Avenue east to centerline of 9th Sheet ; • with the exception of parcel /18132442461 (First Presbyterian Church). Zone One. also includes the current Holiday Inn express ppropemes "end Howard Johnson properties on the north side of Yakima Avenue bacdngupp to Gateway Center.. These parcel numbers are 19131912547, 19131911507,.1 9131 811022; r 19131911077, 19131911023, 19131911025, 18131911031, 19131911030;1913191 and 19131911028..AlsO IndudedIn Zone One are all properties oast of the railroad tracks from the centerline of Lincoln Avenue'southto the centerline of Walnut Street to propertes met have frontage on the' eastside of Neches Avenue. East of Neches Avenue the Zone narrows to the centerline of Chestnut Street as the southern border. Zone One alsm'hictdes pmels; 19131913414, 19131913415, 19131913416, 19131913417, 19131913418, 19131913419 and 19131913420 which are ori the west side of 6th Street between - ' Chestnut Street and Walnut Street. The northern edge of Zone One in this area is the northern edged the properties that mdudesthe wren Red Lion Hotel and ft's adjoining parking lot's edge, the Yakima Convention Canter and Its adjoining parking tot's northern edge and the Greater Yakima Chamber of Commerce and the;; adjoining parking lot's northern edge. Those nanhem parcels are 19131912414, 19131912561, 19131912560, 19131912447;19131912505 emde1913191294. •TThe • northern sedan of Zone One also Includes parcels -, 19131927472, 19131921473,19131921474;19137921475, 19131921476 and 1 91319 21 477 face the s'; centerline of 6th Street between Marlin Luther Elrg and 'A' Street. Zone One includes xlmately 41 blocks. ZoneTwo-=Zone Two represents the entire area . that is north and south of the frontage properties along Yakima Avenue to the centerline � ncoln Avenue and Walnut Street respectively and between the retroeds ' tracks and 7th Avenue. Zone two also includes parcel / 18132442454which is on the southeast comer of Summitview Avenue and 8th Avenue: All properties that have '.;') on West Ya kima Avenue born the railroad tredke west to ce nerline"of 7th Avenue are Included in ZO Two Zone Tw represents 38 complete frontage e , " • blocks.' EX IBIT B" Map of Zoned District available on the Cly s webste and upon request from the Clly_Clerk s offoa1129 N 2nd'Street Yakima Telephone • 6037.'EXHI817 "C' } ;...,. .. r,. #.,;.. :•i F " <,... The Downtown Yakima Business Improvement District essesamenls shall be used to supplement the far DownWwn Yakim order budget In or that the •., • ' Committee can continue to provide services toward fulfillment of the tolkodng purposes, unless said purposes ere modified hi accord with Section 2 of the DYBID . Ordinance: Clean Services - -The Committee for Downtown Yakima (hereafter "Ct5r) shall continue to supplement existing City of Yakima services by adding an additional 7,840 man hours of services throughout to Downtown Yakima Business Improvement District. 'COY,wfltuse tie best eesepment available to ensure the ' most efficient approach to clean services: The services provided wit include: Pressure washing of sidewalks -CDY shell keep the new sidewalk features looking • f tq 5 sharp by pressure washing them on a regular basis to remove spits, dfrt gum. - Farther, COY shoe regularly Bean all new street features Including benches and ;; water fountains: Weed abatement -CDY shall constantly spray and redlove weeds throughout the district. Dail trash removal-CC/Venal! pan and broom each sidewalk and curb In the district to remove trash and debris through the entire chance. Special Projects -CDY shall work'wth the City of Yakima and remain flexible to • work on special projects that come up each year. Graffiti Removal -A service of 1heCDY Clean and Safe Teem wtl: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 gial6ti being reposed: `After receiving a signed waiver horn e victimized properly owner. CDYS clean ream shall remove graffiti from private properly at no charge. In the case of areas that receive graffiti damage regularly; CDV will gladly store extra paint to do the work on demand. CDY shall use a combination of chemicals and pressure washing equipment that ore senstive to the various t surfaces in downtown Yakima Safety Services -The Committee for Downtown Yakima Shat work actively to create a sofa environment for visitors, customers and employees through the ambassador program by adding 4,612 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 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... Landscape and Special Protects -The Committee to Downtown Yakima shall manage the hanging ba flower • ` beds and flower pots throughout the District The cost to maintain these displays and purchase the plants for them annually will opine m coe fro D Yakima • Business Improvement District funds. On a weekly basis, COY shall deadhead, demlize and properly maintain the baskets, pots and planting areas to ensure a positive feel and -h attractive look to downtown Yakima. CDY anticipates spending approximately 30 manours per week on project. The hanging baskets, flower, ' • beds and flower pots within the District shat be planted with a variety of towers during the sumner months'and re-plarledvNthfa l- appropriate plants in mid'..: September. All planting areas throughout the District shall be weeded and mulched: Economic and Business Devaloperent -The Committee for Downtown Yakima shat continue to work toward ettracting new businesses to the District and help retain the thriving business community of today.' CDV shall do this by continuing to bee knowledge base for at available commercial and once spaces in the Downtown Yakima Business improvement b1001cr and byy adivety recruiting new tenants. CDY shall also work closely with developers to grow the number of living WAS available within the DistrIctx MarkelbglCommunlcatbn -The Committee l r L, Downtown Yakima shat continue to market the changes occurring within the DistrIct and shall work to market Ina Downtown Yakima Business.improvemen District ' to visitors and locals alike. CDY shall continue to operate and expend the CDY websile, which averages over; 30,000 nth 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. COY shall publish a bi-annual Downtown Yaldma Business - Improvement District restaurant guide to be distributed by the business community end 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. Advooecyileadershlp /gdminlstration- -The following is a fist of the staff positions required to do the work included in the management plan. S till ce positions listed are lull time, year round postons: ExethveDirector -the Executive Director of the Committee for Downtown•Yekime Is resporelbleta : all fiscal oversight of all Business improvement District programs with a major locus on economic development: retail developrpenl,.resdemial development and advocacy.' The Executive Director Shall work to secure additional funding streams to enhance the Business Improvement District resources to,provde - for special projects that enhance the District, Director of User Experience - the Director of User Experience for to Committee for Downtown Yakima Is responsible foie communications, marketing and outreach programs. The Director of User Experience shall manage the wrestle 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 facilttate cooperative marketing and special events. Clean end Sate Team Supervisor -Use Clean end Safe Team Supervisor manages ail aspects of both the dean and safe teems, including the hiring, motivating and assignment of all clean and safe team members. The Clean and Sate Team Supervlsorshell monitor the maintenance conditions throughout the District and create daily assignments to keep the District dean and sate. The supervisor position is a working position: The supervisor • shall spend approximately 90% 01 his time working wth the dean and safe team and 10% doing administrative work. • Maintenance - Foreman -the Maintenance Foreman is responsible for being the clean learnt full time leader on the street. The maintenance foreman shall constantly monitor the work of the d '' ean team on a - daily basis to ensure quality and shat interact with the District's business community to address solutions to maintenance needs --. • • • • CERTIFICATE OF MAILING OF RESOLUTION NO. R- 2008 -114 AND RESOLUTION NO. R -2008 -115 My name is Deborah Moore. I am employed by the City of Yakima Administration Department as the City Clerk. On July 22, 2008; I prepared 615 envelopes for processing and delivery by U.S. mail, first class, postage prepaid, each envelope containing the document attached as Exhibit "A" to this Certificate of Mailing, which is a copy of Resolution No. R- 2008 -114 entitled "A Resolution of the City Council of the City of Yakima, Washington, initiating the disestablishment of the Parking and Business Improvement Area Number One and setting the time for a public hearing for August 6, 2008 at 7:00 p.m. for consideration of said disestablishment, and Resolution No. R- 2008 -115 entitled "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 ", with Exhibits A, B (map), and C attached • to the Resolution. The 615 envelopes were addressed as listed on the attached Exhibit "B ", which is a copy of the mailing labels. I hand delivered all envelopes to Jill Ballard GIS Technician and Nicole Delp, Computer Operations Technician, with the City of Yakima Information Systems in the basement of the Yakima City Hall, located at 129 North Second Street, Yakima, Washington for processing of the mail and mailing on the same day. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Dated this 21st day of July, 2008, at Yakima, Washington. / , . 1 40 Deborah Moore, City Clerk • • • EXHIBIT "A" TO CERTIFICATE OF MAILING • RESOLUTION NO. R -2008 -114 A RESOLUTION of the City Council of the City of Yakima expressing the intent of the Council to disestablish the previously established Parking and Business Improvement Area Number One (hereinafter PBIA) formed to allow the collection of special assessments from Yakima downtown business owners and operators for the specific purposes set forth in said previously established PBIA; and setting the date, time, and place for a public hearing on August 6, 2008, at 7 :00 p.m., for consideration of said disestablishment WHEREAS, in 1974, by Ordinance 1720, the Yakima City Council established the City of Yakima's Parking and Business Improvement Area No. 1, described within the body of said Ordinance and established as a perpetual PBIA; and WHEREAS, in 1996, by Ordinance 96-32, the Yakima City Council reformed and reestablished the downtown Parking and Business Improvement District No. 1, described therein, and indicated that said PBIA was intended to be terminated after six years; and WHEREAS, in 2002, by Ordinance 2002 -26 the Yakima City Council reformed and reestablished the downtown Parking and Business Improvement Area No. 1 and designated that the PBIA so reformed and reestablished was to terminate after six years; and WHEREAS, the Yakima City Council now intends to terminate. said existing PBIA No. 1 in order to 1) consider the intent expressed by petition to establish a new Downtown Yakima Business Improvement District within an area that generally encompasses the areas included within the existing PBIA No. 1, and 2) to fulfill the intent expressed in the Ordinance reforming PBIA No. 1 that the PBIA be disestablished after a specified period of years; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yakima, Washington, as follows: There shall be a public hearing held in the City Council Chambers at Yakima City Hall, Yakima, Washington on Wednesday, August 6, 2008, at 7:00 p.m., for consideration of the City Council's intent to disestablish PBIA No. 1, thereby terminating the collection of special assessments associated with said PBIA, as well as terminating the provision of benefits and services derived through said special assessments for the related PBIA area. ADOPTED BY THE CITY COUNCIL this 15 day of July, 2008. /s/ David Edler ATTEST: David Edler, Mayor • /s/ Deborah Moore City Clerk 1 • RESOLUTION NO. R- 2008 -115 • 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. WHEREAS, the City of Yakima, Washington (the "City"), has received an initiating petition from property owners and business owners and operators within the downtown Yakima area expressing a desire to establish a Downtown Yakima Business Improvement District (hereafter "DYBID") for a portion of downtown area of the City, in accordance with the procedures established by Chapter 35.87A RCW; WHEREAS, the petition received includes the signatures of property owners and business owners and operators in the proposed DYBID that would be responsible for the payment of more than sixty percent (60%) of the proposed special assessments for the identified District; 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 establish a Downtown Yakima Business Improvement District for a portion of 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 DYBID are identified in the initialing petition that accompanies this Resolution and are specifically described in Exhibit A and illustrated in Exhibit B, attached hereto and by this reference incorporated herein. Section 2. _. The uses and projects to which the special assessments shall be put are identified in the initiating petition that accompanies this -. Resolution and are set forth in 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 hereof. If the City determines, in consultation with the Committee for Downtown Yakima ("COY') 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, induding 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 1 • 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. In the event that, following a public hearing such PBIA is established, special assessments shall be levied against all businesses within the PBIA to provide funds necessary for the purposes set forth in Section 2, and the special assessments shall be levied upon the following Basses 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. 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 would be 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 would be shared equally by both • zones. Calculation of Property Assessments 2 Calculation of Property Assessments • Based upon the property assessment methodology described above, property assessments for each Zone would be established as follows: Assessment Per Zone One Zone Two Dollar of Assessed Value $0.000937 $0.000772 D. 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 Resolution. 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. .: If approved after public hearing, the special assessments described herein will be levied every year for three (3) years following the effective . date of the ordinance establishing the District... If established, upon or before the third (3'd) anniversary of this DYBID the City Council shall take the legislative action described in RCW 35.87A.180 to effectively disestablish the DYBID established by the Ordinance. In order to timely fulfill the required disestablishment, in the month of May, 2011, the City Council shall adopt a resolution of intent to disestablish the 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 the 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. A public hearing shall be held in the City Council Chambers of City Hall, 129 North 2" Street, on Wednesday, August 6, 2008, at 7:00 p.m., for public comment and City Council consideration of establishing the proposed Downtown Yakima Business Improvement District. ADOPTED BY THE CITY COUNCIL this 15th day of July, 2008. /s/ David Edler David Ether, Mayor ATTEST: /s/ Deborah Moore City Clerk • 3 • 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 induded 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 Fling 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. • 4 I \---- \ _ _ Im.:W mi . \ ..,-- - 7 - — IN irivi• 3_,... ' • ir .. ., ,, .,..., . • - \ , \ \ __,_ .r.,_ ----, : ..... .....1! ,5.-,,, ,-,..\ 0 , , ,." ,,,,. , , : ..._ wird -- mimmin , \\ \ • \ - ,-cc‘\ \HI . ,__\, ... . 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' ---37 41 E 111111 \'' , cr( ' '1\,__.–% -• , \---------\, \ c" \V\ \ ' ' 1 p71 \'‘," ' \\\\\:' \ '''---' ' . - 'il -.\- no; \ :.\.' --Y dif "---4.-w : . \ 1 ' ' \\'' . \ - .'----\\\ \ ---- \ 0 ' • - \ ; ‘ . -,,-- \ \ p is.S 4 - - - ** • . c' ‘ \ 2 ' \ 1 1 loirnEt plp -ail ="'=.- 77 Ill ta i, I i .„..:...__ , r , ._,,. .. „,, ....„\-- • 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 dean 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 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. 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 6 • attractive look to downtown Yakima. CDY anticipates spending approximately 30 man -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- 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 Alice. • 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 7 110 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 clean team on a daily basis to ensure quality and shall interact with the District's business community to address solutions to maintenance needs. • 8 • Exhibit "B" to the Certificate of Mailing of Deborah Moore, which is a copy of the mailing labels listing to whom Resolution No. 2008 -114 and Resolution No. 2008 -115 were mailed, is on file in the City Clerk's office and available for inspection. S • • MEMORANDUM TO: Honorable Mayor Edler, Members of City Council Dick Zais, City Manager FROM: Jeff Cutter, Sr. Assistant City Attorney • DATE: June 4, 2008 SUBJ: PBIA assessments - religious and non - profit organizations In response to the ongoing efforts of the Committee for Downtown Yakima (CDY) to obtain sufficient downtown property and business owner support for a new downtown Business Improvement District to replace the present PBIA, several local churches have raised objections to the propriety of including religious and non - profit organizations in the assessment plan. The religious organizations are represented in the presentation of their objections by the Yakima Association of Churches and Faith Communities (the Association). In its letter stating the points of objection to inclusion in the BID, three primary concerns have been raised, and are summarized as: (1) the Association was not invited to the BID planning sessions; (2) the amounts assessed, although reduced below the standard assessments charged to businesses in the area, will be difficult for the churches and non- profits to afford; and (3) the assessments raise concerns of historical and possibly legal issues with regard to the taxation of religious organizations. Generally, the Association suggests that participation by religious and non - profit organizations should be on a volunteer basis, not as a specifically determined assessment value as is the case with the other participating businesses in the BID. This memorandum is intended to respond to the legal issue raised by the Association, that being the third point stated in the objection statement. In order to determine whether any protection from PBIA/BID assessments is provided under state statutory provisions I first reviewed specific RCWs authorizing PBIA's to determine whether any specific exemption is afforded non - profits and/or religious organizations. The only provisions within RCW Chapter 35.87A that might have some bearing on the issues raised by the Association are set forth as follows: RCW 35.87A.080 provides, in relevant part, "[f]or purposes of the special assessments to be imposed pursuant to this chapter, the legislative authority may make a reasonable classification of businesses....giving consideration to various factors such as business and occupation taxes imposed, 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." • (jc)memo /PBIA - Religious and 1 Non - Profit Exemption What this section provides is a means by which the legislative body can determine classes or classifications of the varying businesses and establishments within a PBIA area in order to account for varying benefits received by different businesses so that the assessments are commensurate with the benefit conveyed. Therefore, if one type of business utilizes parking much more heavily than another business type within the same PBIA area, the legislative body may establish a classification for the heavy parking type businesses to reflect a higher parking assessment to those businesses, in order for the assessments to be equitable. RCW 35.87A.090 provides, in relevant part, "[t]he special assessments need not be imposed on different classes of businesses...as determined pursuant to RCW 35.87A.080, on the same basis or the same rate." Again, the legislative authority is given discretion to assess different classes of business establishments in different ways, based upon the varying benefits conferred by the improvements provided by the PBIA. RCW 35.87A.170 provides "[b]usinesses 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." This provision is self - explanatory and would only provide relief for a new business locating within the PBIA area for one year, after which time the business would become obligated to participate in the PBIA on the same basis as similarly classified businesses. • Beyond these provisions there is no information within the statutes that addresses specific exemptions for particular establishments from the assessment responsibility. What can be gleaned from the PBIA Chapter are the consistent references to both the purposes to be served by the PBIA, and to its application to businesses, multifamily residential properties and mixed -use projects within the area. The purposes encompass a list of seven stated objectives, represented as follows in RCW 35.87A.010 (1): "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; f. Providing maintenance and security for common, public areas; or g. Providing transportation services for the benefit of the area." It is noteworthy that the list of purposes is not inclusive, but rather may be exclusive to any one of the seven specified in the statute. Therefore, it may be presumed that if the • (jc)memo /PBIA- Religious and 2 Non - Profit Exemption establishments within the PBIA area are benefitting from any of the provisions of the S PBIA offered therein through the special assessments, then the assessments are reasonably required for those benefits. In the case of the City of Yakima's proposed BID, those establishments within the assessed area shall each benefit from the attractive decoration of the public downtown areas, the professional management of the area in the form of attractive appearance, promotion which will bring visitors that can benefit religious and non - profit organizations as well as retail businesses, and the provision of focused maintenance and security, both of which will be conducive to encouraging people to use and attend the area, churches and non - profit organizations included. It is evident that all individuals having places of work, worship or residence within the PBIA area will receive a benefit as a result of the assessments collected for the purposes proposed by the downtown BID. The special benefit is what is necessary in order to permit the assessments to be collected. Analysis of the propriety of assessing religious organizations and non - profit organizations located within a PBIA should also include review of any court cases that have addressed aspects of the statutes providing the framework for PBIA's in Washington. There have been very few .cases that have addressed the provisions of RC W Chapter 35.87A. For this reason, there is very little guidance available from the courts in the form of precedential decisions. Review of other cities' ordinances reveals that the only exemption that seems to appear fairly consistently is for properties owned by the federal or state governments, allowing voluntary payment if the government entity chooses to do so. It was also discovered by Sean Hawkins at CDY that Seattle has had two legal challenges to religious and non - profit assessments in the late 1990's, I presume at the Superior Court level since ® the cases do not appear to be reported, and the court agreed that the assessments were appropriate in each of the cases, primarily on the basis that the organizations were property owners and as such, benefited and assessable. Seattle does provide a reduced assessment for these organizations, as is the case with Yakima's proposed BID. The unreported court decisions in Seattle would not provide precedent for any challenge that might be brought here, but it is useful to be aware of how other courts have resolved the issue. In conclusion, it is my opinion, based upon what I have learned from research, interaction with MRSC and information from other jurisdictions on this issue, that the City may asses the religious and non - profit organizations that are located within the proposed BID. I believe that these establishments do receive a special benefit as a result of their inclusion within the BID area and as such are subject to participation in the assessment. The Council can choose to allow a reduced assessment if that seems just and reasonable in light of the benefit received by the organizations, and can classify certain businesses and organizations with respect to what the appropriate assessment rate should be for such classifications. • (jc)memo /PBIA - Religious and 3 Non - Profit Exemption Alan D. Campbell • West H. Campbell • James C. Carmody • J. Jay Carroll • Paul C. Dempsey • I —I X„ James S. Elliott • Mark E. Fickes • Carter L. Fjeld • Chad L. Hatfield • Tyler M. Hinckley \ 1 �� / Lawrence E. Martin Kevan T. Montoya • Linda A. Sellers • V L `� E S O ` P ` Michael F. Shinn • Sara L. Watkins. Of Counsel: [ 1 A 1 H l: Frederick N. Halversor Tz., C. SJ I RECEIVED ._.__.__._.._.....__.._._.. ATTORNEYS AT LAW CITY OF Y A KI M A .JUL 0 ;2 B OOR July 1, 2008 Yakima City Council Wig �?r gITY M 4A §tN 129 North Second Street Yakima, Washington 98901 RE: Yakima Business Improvement District Dear Councilmembers: We are writing on behalf of a large number of nonprofit organizations located within the proposed Downtown Yakima Business Improvement Di.strict. These organizations have been an integral part of the community and support the commitment to make the downtown area a welcome, friendly and safe place for both visitors and citizens. Each of the organizations has historically shared that commitment with thoughtful maintenance and improvement of their respective properties. The primary focus of the charitable and faith based organizations, however, has been the provision of care and service to the poor, needy and underserved • populations of our community. That service will always be a propriety. Yakima Downtown Business Improvement District is designed to supplement essential city services with programs like economic development, graffiti removal, beautification projects and maintaining streetscape enhancements. We applaud the commitment but recognize the realistic impact on nonprofit organizations associated with taxation. Every dollar assessment taken from the nonprofit is simply a dollar lost to a needed service. While the assessments may seem small in some instances, the impact can be significant on the organization. Examples of the.assessment burden are St. Joseph Church ($4,121 per year); Suntower Retirement Home ($2,541 per year); Yakima Neighborhood Health Services ($1,292 per year); and Triumph Treatment Center (S861 per year). The tax extends to churches and their associated activities. As a policy choice, we believe taxation of nonprofits and faith based organizations unnecessarily and unwisely takes dollars from necessary public services. Second, the legislative authorization to levy special assessments extends only to "businesses and multi - family residential or mixed use projects within the area." RCW 35.87A.010(2). The term "business" does not commonly include nonprofit, charitable or faith based organizations. Webster's Dictionary defines business as "a usually commercial or mercantile activity engaged in as a means of livelihood," or alternatively, as "a commercial or sometimes an industrial enterprise." http: 11www. merriam- webster .comldictionaiylbusiness. The Internal Revenue Code Nonprofits represented are First Baptist Church, La Casa Hogar/Yakima Interfaith Coalition, People for People, St. • Joseph's Church, St. Michael's Church, Sun Towers, Triumph Treatment Services, Vineyard Church, and Yakima Neighborhood Health Services. 509.248.6030 • fax 509.453.6880 • 405 East Lincoln • P.O. Box 22550 • Yakima, WA 98907 www.vhlegal.com Yakima City Council July 1, 2008 Page -2 defines business generally to include any activity carried on for the production of income from • the sale of goods or performance of services (Treas. Reg. § 1.513- 1(b)). And many nonprofit organizations are exempt from business and occupation taxes. RCW Ch. 82.04. It is our opinion that assessments are authorized under the statute only as to "businesses" and multi - family residential or mixed use projects. The statutory assessment authority does not extend to nonprofits and faith based organizations. Third, the assessment is tantamount to a property tax. A property tax is defined as an "absolute and unavoidable demand" against property and the ownership of property. Covell v. City of Seattle, 127 Wn.2d 874, 889, 905 P.2d 324 (1995). Under RCW Ch. 84.36, identified charitable, nonprofit and faith based organizations are exempt from property taxes. The legislative structure recognizes the inherent impact of taxation and assessments on nonprofit and charitable organizations. Each dollar taken by way of tax or assessment is a dollar lost to the provision of public and community services. The nonprofit organizations are prepared to continue their commitment to graffiti removal and property beautification. Those efforts, however, should be through their own structures and employees. The collective effort will result in the same ultimate benefit — an improved downtown environment. We are requesting that assessments be eliminated for nonprofit, charitable and faith based organizations. The statutory authority recognizes that classifications are permitted "...giving consideration to various factors such as business and occupation taxes imposed and other reasonable factors. RCW 35.87A.080. • We appreciate the opportunity to comment. This will also confirm our commitment to work with PP PP Y the City Council in developing a practical and reasonable approach to this important task. Thank you for your consideration. Very truly yours, VELIKANJE HALVERSON, P.C. J : ES C. CARMOD jcc:srp • Ue, t„, • e / ySG:t 1 , A. A__ v' q T Committee For Downtown Yakima PO Box 881 Yakima, Wa .98907 July 21, 2008 Attn: Downtown Yakima Property and Business Owners Re: August 6, 2008 Public Hearing For Establishment of Downtown Yakima Business Improvement District (DYBID) and Disestablishment of PBIA #1 • On July 15, 2008 the Committee For Downtown Yakima presented signatures to the Yakima City Council showing more than 60% assessed value and business license support for the creation of the new DYBID. The DYBID will replace the smaller PBIA #1 that had been in place since 1974 and covered a roughly 20 -block area that surrounded the former Yakima Mall. At the July 15, 2008 Yakima City Council meeting, the City Council voted 7 -0 in favor of adopting a Resolution of Intent to form the new DYBID. As part of that intent, a Public Hearing will be held on Wednesday, August 6, 2008 at 7:00 p.m. in the Yakima City Council chambers before the City Council makes their final vote on creating the new DYBID and disestablishing the old PBIA #1. All ratepayers are invited to share their comments and views at this meeting. If you are a business owner and located within the district, you will pay a $100.00 per year fee on top of your City of Yakima business license fee. If you own your building and the business, you will pay both the property-based assessment and the additional $100 per year business license fee. The term of the district is three years and there are two assessments zones in the proposed district. Non - profit corporations and churches will receive a 40% discount off their respective zone's assessment rate. Please refer to the attached resolution for more detail. • It's an exciting time to be in downtown Yakima. Downtown has received many compliments on the new look and direction we are headed. The new DYBID will go a long way in preserving the new look, but also touch some new areas that have • maintenance issue of their own and provide us strong buy in as we ask for more funds in Olympia for more downtown improvements. We thank you for your interest in this proposal and for supporting our efforts to keep improving Downtown Yakima. Sincerely, Sean Hawkins Deputy Executive Director On Behalf of the Committee For Downtown Yakima Board of Directors • • 49.2-naiz j - 9 S Lipp) e e _ n t • Committee For Downtown Yakima PO Box 881 Yakima, Wa 98907 July 14, 2008 Mayor Dave Edler City of Yakima 129 South Second Street Yakima, WA 98902 Re: 60% Certification of the New Downtown Yakima Business Improvement District Mayor Edler, This letter will serve as an addendum to the letter the Committee For Downtown Yakima wrote on July 11, 2008 certifying the 60% needed to establish the new Downtown Yakima Business Improvement District. • I mistakenly forgot to remove the single- family residences from that base number who are exempt from this process. Single family residents were never intended to be apart of this process and that is reflected in the boundaries of this area that don't include the neighborhoods just north and south of Yakima Avenue between Naches Avenue and 9th Street. The only residences that were intended to be included in this process were multifamily residences that contained four or more units. The majority of the single family residents on are N 7th Avenue or N Naches Avenue. At this time only one of those properties had signed up to be apart of that district. The property owner is Joe Mann and he has been notified of this error in our process. Removing these single- family residents from the process lowers our base number to $215,526 from $217,417 and improves the overall positive percentage to 60.496 %. Please amend the resolution prepared last week to reflect this new number. Sincerely, Sean Hawkins Deputy Executive Director Committee For Downtown Yakima • Downtown Yakima Business Improvement Update - 07 -14 -08 Property Owner Name Total • J &J Company $ 35.00 Donaldson $ 39.00 Magana $ 42.00 Vance Scriener Investment $ 54.00 Killidesert LLC $ 73.00 Kyle Trustee $ 82.00 Cavanaugh's Hospitality Limited Partnership $ 87.00 Hilliard $ 92.00 Adaptis Inc BL $ 100.00 Assoc Daybreak Property Management BL $ 100.00 Associated Pension Consultants BL $ 100.00 Attic Clutter $ 100.00 B &C Sewing Machine Service $ 100.00 Bank of the West BL $ 100.00 Banner Bank BL $ 100.00 Bob Hall Financial BL $ 100.00 Cafe Melange BL $ 100.00 Capitol Advisors BL $ 100.00 Capitol Theatre Committee BL $ 100.00 Cascade Fire and Safety BL $ 100.00 Cascade Wine Company BL $ 100.00 Catholic Credit Union BL $ 100.00 Central Valley Bank BL $ 100.00 0 Chartconnect Inc. BL $ 100.00 Community Resource Group BL $ 100.00 Cook Northwest BL $ 100.00 Designts LTD BL $ 100.00 Williams C Donald MD $ 100.00 Effective Communication $ 100.00 Essencia BL $ 100.00 Fisher Consulting $ 100.00 Fosseens $ 100.00 Edelwiess BL $ 100.00 Garden Dance BL $ 100.00 Graphic Label Inc BL $ 100.00 Gray & Osborne $ 100.00 H &H Furniture BL $ 100.00 Inland Lighting $ 100.00 Jan Drenguis MSW BL $ 100.00 Janitor Closert BL $ 100.00 Kameo Flower Shop INC BL $ 100.00 Kana Winery BL $ 100.00 Kiki Restaurant $ 100.00 Kimmel Athletic Supply Company $ 100.00 Larson Berg Perkins BL $ 100.00 Law Office of Thomas Nagle $ 100.00 Les Schwab Tire Center BL $ 100.00 • Lightning Graphics BL $ 100.00 Lin Pauls BL $ 100.00 Little Soapmaker BL $ 100.00 Lyon Law Office BL $ 100.00 Massat Winery BL $ 100.00 Moss Adams BL $ 100.00 • Patricia Byers BL $ 100.00 Pawn Shop BL $ 100.00 Pechtel BL $ 100.00 Peoples Trendsetters $ 100.00 Pete's BL $ 100.00 Red Lion Yakima BL $ 100.00 A -1 Jumpers $ 100.00 Santiagos BL $ 100.00 Service Group BL $ 100.00 Silverheels BL $ 100.00 Sportscenter BL $ 100.00 State Farm Insurance BL $ 100.00 Stems BL $ 100.00 Sub Shop of Yakima BL $ 100.00 Sunfair Marketing BL $ 100.00 Durrett and Associates BL $ 100.00 Tim Weaver Attorney at Law BL $ 100.00 Tuxedo Place BL $ 100.00 TWL BL $ 100.00 Uptown Plaza BL $ 100.00 URM Cash and Carry #4 $ 100.00 US Bank BL $ 100.00 Vida Rug and Gallery BL $ 100.00 Wardell Architects BL $ 100.00 • Wells Fargo BL $ 100.00 Yakima Bears BL $ 100.00 Yakima Bindery BL $ 100.00 Yakima Fed Savings and Loan BL $ 100.00 Yakima Herald Republic BL $ 100.00 Yakima Regional BL. $ 100.00 YMCA BL $ 100.00 Buhrmaster Baking Company BL $ 100.00 Keller $ 102.00 Bailey $ 106.00 Bonlender $ 106.00 Luring $ 107.00 Miller $ 108.00 Mabry $ 109.00 Riley $ 121.00 Hahn $ 124.00 Owen $ 127.00 Parrish Family Trust $ 132.00 Yakima Co Coalition for the Homeless YWCA $ 152.00 Central Washington Comprehensive Mental Health $ 158.00 Columbia River Bank $ 161.00 M &L Kirk LLC $ 169.00 Mahre $ 170.00 III Rezaie $ 176.00 Brown $ 177.00 • Nettleship Family Trust $ 178.00 Pechtel $ 179.00 • CFIRE LLC $ 181.00 Joe Mann / Stephenson $ 186.00 Graphic Properties LLC $ 197.00 PPB & SP LLC $ 199.00 Keeter $ 203.00 Napolitano $ 223.00 Dix $ 226.00 Yakima Valley Museum $ 227.00 Ha $ 242.00 Little $ 248.00 Rose $ 252.00 Hellisen Lumber $ 253.00 Cozzocrea $ 255.00 Cheney Sports Incorporated $ 256.00 Noel $ 279.00 Greater Yakima Chamber of Commerce •$ 284.00 Vance $ 287.00 The. Grand Hotel LLC $ 308.00 Lewis Limited $ 318.00 Newton LLC $ 325.00 Rayner $ 325.00 Standard Paint & Decorating $ 325.00 Hajoca Corp $ 326.00 Connell $ 327.00 0 Hanley $ 330.00 Grabenstein $ 335.00 Noel Corporation $ 335.00 Peterson $ 337.00 Seabib Properties $ 349.00 Trick $ 349.00 McCartney $ 365.00 Villbrandt $ 368.00 M &G Property Partners $ 374.00 Semon $ 391.00 United Builders of WA $ 393.00 US Bank Cash Facility $ 401.00 KGB & D LLC $ 422.00 Sportscenter $ 437.00 Capitol Theatre Committee $ 452.00 Yakima Bindery $ 472.00 JEM Properties $ 528.00 Les Schwab Tire Center . $ 539.00 Picatti Brothers $ 563.00 Hull $ 576.00 Loofburrow $ 577.00 R &E Real Estate $ 582.00 Harman Management Corporation $ 585.00 • Lund Building $ 586.00 John Hass $ 592.00 Hollingberry CA & Cold Storage $ 609.00 Wilson Roger $ 616.00 Central Valley Bank $ 646.00 Steve Zien $ 660.00 II Schneider $ 670.00 Larson $ 706.00 Lyon Law Office $ 724.00 Adamson Properties $ 757.00 Chestnut Manor $ 778.00 Yakima National Bank $ 785.00 Kissling $ 812.00 LADY LIBERTY $ 821.00 DA Arthur $ 824.00 Dick Graf $ 879.00 Bon Lofts $ 899.00 Mills Yakima Properies LLC $ 909.00 Mercy Development Company $ 984.00 Noel Canning Corporation $ 1,002.00 Melotte $ 1,031.00 YMCA $ 1,038.00 Wells Fargo $ 1,052.00 Mach V Properties $ 1,061.00 US Bank Main Office and Drive In $ 1,097.00 Basalt Investment Limited Partnership $ 1,148.00 Yakima Avenue Investments LLC $ 1,164.00 Pacific West Bank $ 1,195.00 Yakima Hospitality LLC $ 1,283.00 Joe Mann $ 1,233.00 411 Morrier Family Realty LLC $ 1,371.00 UBA TUBA $ 1,387.00 Catholic Credit Union $ 1,420.00 HR Spinner Corporation $ 1,422.00 Yakima Properties. $ 1,427.00 Emerald Holdings $ 1,450.00 Naches Hotel LLC $ 1,704.00 Schneider Development Company $ 1,704.00 Yakima Fed Savings and Loan $ 1,977.00 Michelson Packaging Company $ 2,253.00 Sunfair Professional Associates LLC $ 2,265.00 Banner Bank $ 2,328.00 Larson Building LLC $ 2,367.00 GMRI $ 2,473.00 Key Bank $ 2,532.00 Properties West $ 2,737.00 230930 Inc $ 3,625.00 WCH 807 LLC $ 4,011.00 Yakima Mall Shopping Center $ 4,763.00 Yakima Herald Republic $ 4,890.00 Yesterday's Village $ 9,365.00 Morrier Hotel $ 9,587.00 The Tower LLC $ 9,587.00 III Total $ 130,384.00 60.496% Property Owner Parcel Number Location Assessment • Anaya 19131912545 11 S 6TH ST 132 Bailey 19131913423 111 S NACHES AVE 106 Hill 19131912441 605 E CHESTNUT 14 Hill 19131912442 15 S 6TH ST 84 Hill 19131912443 13 S 6TH ST 49 Immel 19131921476 114 N 6TH ST 65 Mann 19131921469 207 North Naches Aver 118 Moffit 19131913416 108 S 6th St 73 Pioneer Edu Society 19131834520 215 N NACHES AVE 115 STANOJEVIC 19131834522 211 N Naches Ave 96 WITTLESEY 19131921468 209 N Naches Avenue 83 Ybarra 19131913417 110 S 6th St 113 Allen 18132413484 203 N 7TH AVE 62 CARRILLO 18132414468 110 N 3RD AVE 33 Coleman 18132413480 211 PIERCE AVE 34 Coleman 18132413481 209 PIERCE AVE 41 Coleman 18132413482 207 PIERCE AVE 40 Coleman . 18132413483 205 PIERCE AVE 32 CONTRERAS 18132413487 108 N 6TH AVE 25 DAVIDSON 18132413494 111 N 7TH AVE 35 DONALDSON 18132413492 115 N 7TH AVE 39 GARCIA 18132413495 109 N 7TH AVE 48 HENRY 18132413488 110 N 6TH AVE 44 III JOLLY 18132414466 106 N 3RD AVE 67 MICHAEL 18132413493 113 N 7TH AVE 51 NEGRETE 18132413496 107 N 7TH AVE 39 PINEDO 18132413490 114 N 6TH AVE 44 RAYMOND 18132413486 201 N 7TH AVE 63 SANCHEZ 18132414470 114 N 3RD AVE 46 Total 1791 411 • Committee For Downtown Yakima PO Box 881 Yakima, Wa 98907 July 11, 2008 Mayor Dave Edler City of Yakima 129 South Second Street Yakima, WA 98902 Re: 60% Certification of the New Downtown Yakima Business Improvement District Mayor Edler, • On behalf of the Committee for Downtown Yakima Board of Directors, I am happy to inform you that we have reached our goal of getting over 60% of the required signatures to create the new Downtown Yakima Business Improvement District. The signed petitions at the time of this letter represent $130,502, which is 60.051% of the total assessments that will be paid. The total district size would be $217,317 in the first year. I have attached a sheet that displays the names of each of the signers and the amounts they would pay under the new Downtown Yakima Business Improvement District. When we began this process, we believed $221,298 would be collected based on the information that we had at the time. Upon starting the process, we began receiving some notes from business owner saying they were not located in downtown, had moved out of downtown or even gone out of business. One property owner, Jobil Properties (Coca Cola on 6th Avenue), sold their property to the Yakima School District, which therefore exempted their three parcels from the process (remember, government does not pay under state law). This ultimately lowered our base number to $217,317. Those petitions that we excluded will be on file by the time of the July 15th . City Council meeting as well as all the signed petitions from the entire process. In the early part of this process, we knew the difficulties we would face in getting signatures from certain property owner types and locations throughout the district. To this effect, we worked hard to build an assessment methodology that we felt could be as fair as possible: a 40% discount for non -profit property owners and a separate, lower assessment zone for the property owners on both north and south side of Yakima Avenue facing parcels on the "west side" of Yakima Avenue. The district includes a total of 53 non -profit parcels that represent $16,149 in potential annual assessments. There are a total of 487 for profit property parcels that represent a total of $159,974 in potential annual assessments. Finally, there are 416 in $100 business license fees that represent $41,600 in total assessments. The work to get to this point has been a true team effort with a cast of many stepping up to help us gain signatures, provide input on the variety of services needed downtown and, in general, expressing their enthusiasm for the new feel of their downtown and place to do business. Our only regret is we wish we had more time to reach out to more potential rate payers, but scheduling 600 meetings is a tall order for any organization. We thank you for the opportunity to present this to you and the rest of the Yakima City Council and we look forward to the challenges ahead in making our downtown a better place to visit and do business. We also would like to thank the city staff, who provided timely and accurate advice to make sure we conducted the petition process legally and correctly. Sincerely, • (36: Jamie Stickel President, Committee For Downtown Yakima Board of Directors • • To City of Yakima 6 Aug. 2008 To those who may be concerned. We as residents & property owners near the residence of Fred Coson, 4701 W. Summitview ave. are concerned about the safety & maintenance of their property. The property is in the name of George Coson III . Residents in the area spend several thousands of dollars maintaining their property due partly to them ignoring their yard maintenance. Vehicles leaving Rancho Ln. do not have a clear view of traffic coming from the east due to the vegetation that is allowed to become overgrown. Cars turning right onto Rancho Ln. from Summitview are blocked from seeing cars entering Rancho Ln. from Cosons illegal driveway. As seen in the photo Ron & Sarah Hartley are shown cutting down the vegetation on Aug. 6,2008. This is an annual event by the neighbors. Ron Hartley has contacted the city but because of the paper work involved it is a lost cause. We have been to the city council at least 4+ times to discuss this problem. It can't be a shortage of•funds to maintain the property as you can see from the photos that there are numerous vehicles, boats, motor homes & etc on their property. There is a cherry tree on the property that never gets sprayed. Also they keep a pig in their yard. They have a dog we doubt if they have it licensed. Thank you for considering the problem; afdtej c c_A cz. 1 144 --� � c ' 0/ c- . .� mo aG g CA L c ,),13 4\1 \ 50 4z S (A- , Y, , u 41, woe 7/ LJ e_/ - gourmet , ' - � A u ust 6, 2008 _.,0,5 ." 'Y JVCe g ' P. Coo in T o F vA k! , ' - PBIA Pu IMPIROVE Hearin g C k.' m M ENT b - s t ` :. / 111 EaY akima Aenue �� G . ® 6'''-0..11.18. z 6 .:. ,.„ :. " .. P o:_Box.15s7 - � Repeal &,Repl * , a ce ��. , Yakima; WA 98 07 1 I.. = (509)`4 164 O! FF O - CITY :COtih,CI �, 1 I 0 www.santiagos.arry� � B . em @.santiagos.org ; T o Y & S t a ff, My apologizes for not being present to' ex m press y concern So mayt that as a relief with blessing. Havin operated a downtown'busii ess, for p the a st 28 `and a,s'Pa of ,Yakima Downtown Association, I ha acquired:knowledge and expenence_of Downtown Yakima With . conviction,.I state that• :tile". most exciting 'time for our vision of downtown• revitalization become reality ,A"s a `. • co we hav transitioned 'f doom to bloom There.are many individuals and t kep • faith;in a dream' : By t heir effo and- contributions we have' achieved the -mayor tum around.that benefits everyone To all of y ou: Thank You We' mu not take this`moment of time to be content and relax our efforts _Once 'getting on course, it takes more' time and a bigger effort:to stay th e course The future success:of our downtown relies on the..major '' component of PBIA Funding - Without this;.funding, allwill be.lost: This funding is contributed by the downtown a nd is us exclusiv downtown for.the c ontinued improvements and the ; maintenance of our ` . -: achievements and, goals'. invest of P BIA funding has brought forth, The Farmers' :Market,.The . Childr Li ght - Parade, Christm Decorations, r a painting of parking lots, summer jobs of• landscaping i litter control; creation of the; Yakima 2 , Stp ark; andentertainment:'It a created the - m Co f to;promote and:man •d activ and affa Continuat of funding is a'inust I'inpleased and s upportive of this n e w w fu equatio I t provides anequal and fair assessment w , ,. -' ,, .. . , n - .. ' establishing most importantly;. a stable funding base The previous P failed`to do such This new and ' :,,, :..,,, ., .,, .,, . improved .P'BlA:assessment will •provide our down s town' futur with , the needed funds ,. I'm .disappointed with - objectionable, comments, from nonprofits that they; y and should be , • • exemp t T otall :Uri' untrue! 'Where do non `rofits solicit fundm g' 9 From the p rofit _ oriented ; grant rant _ '' . � P �.. . ' -'4' mo p -by t upon , pr'ofit orientated businesses ts:unb ehevable,that this narrow-minced 'selfish a tt i t u d e spoke out T . hey- . be partners in promot our :downtow a s.the true ben they are.' . ; In conclusion, everyo benefits from a prosperous downtown It is the foc point,and ` pr i d e o f , a c ommunity : ithout it,� s the of _a fragmentation The direc we: need to take is obv a nd mmu PBIA Funding is crit and es fa of making our future succes / = Thank you, JarArcand r