HomeMy WebLinkAboutR-2011-163 Downtown Yakima Business Improvement District - Initiating Establishment RESOLUTION NO. R- 2011 -163
A RESOLUTION of the City Council of the City of Yakima initiating the establishment of
a new Downtown Yakima Business Improvement District (hereinafter
DYBID) in the recently disestablished DYBID, for the purpose of
collection of special assessments from Yakima downtown business
owners and operators for the specific purposes set forth in this
resolution of said intent; and setting the date, time and location for a
public hearing to consider said establishment.
WHEREAS, in 2008, by Ordinance 2008 -41, the Yakima City Council established
the Downtown Yakima Business Improvement District, described within the body of said
Ordinance and established as a three (3) year DYBID; and
WHEREAS, in accord with the terms of the DYBID so established, before the third
anniversary of the DYBID the Yakima City Council adopted a resolution expressing the
Council's intent to disestablish said DYBID; and •
WHEREAS, to carry out the intent to disestablish the 2008 DYBID the City Council
held a public hearing, after which the City Council approved the disestablishment of the
2008 DYBID and directed staff to prepare formal legislation disestablishing the 2008
DYBID, as provided in RCW 35.87A; and
WHEREAS, the City Council now desires to initiate the establishment of a new
DYBID within the same assessment zones and area boundaries as were observed during
the existence of the 2008 DYBID, and wishes to express said intent through the resolution
process set forth and provided for in RCW 35.87A.030; and
WHEREAS, through the adoption of this resolution the City Council shall set the
date, place and time for a public hearing for the consideration of establishing a new
DYBID; and
WHEREAS, unless, during the public hearing set by the adoption of this
resolution, the City Council's intent to initiate a new DYBID is opposed by business
owners and operators paying a majority of the proposed special assessments in the
proposed assessment area, following the public hearing the City Council will consider the
approval of an ordinance establishing the DYBID; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
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
assessment zones and district boundaries of the DYBID are specifically described in
Exhibit A and illustrated in Exhibit B, attached hereto and by this reference incorporated
herein.
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Section 2. The uses and projects to which the special assessments shall be
put 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 5 hereof. If the City determines, in consultation with any contractor retained by
the City to accomplish the purposes of the DYBID ( "Contractor ") and with full
consideration of any recommendations from a DYBID Advisory Board that the Council
creates in accord with RCW 35.87A.110, that it has become impractical or undesirable to
accomplish any of the described uses or projects set forth in Exhibit "C" by reason of
increased costs, changed conditions or needs, alternative uses or projects may be
substituted; provided, however, that such alternative uses or projects must include any
one or more of the following:
(a) The acquisition, construction or maintenance of parking facilities for the benefit of
the area;
(b) Decoration of any public place in the area;
(c) Promotion of public events that are to take place on or in public places in the area;
(d) Furnishing of music in any public place in the area;
(e) Providing professional management, planning and promotion for the area,
including the management and promotion of retail trade activities in the area;
(f) Providing maintenance and security for common, public areas; and
(g) Any other purposes that may hereafter be permitted under Chapter 35.87A RCW,
as amended, or its successor statute, if any; and provided further that the City, in
consultation with Contractor and DYBID Advisory Board, 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 the DYBID.
All such uses and projects shall be supplemental to regular street maintenance
provided by the City and shall not displace any ordinary services regularly provided by the
City.
Section 3. To assist the Council in overseeing the successful accomplishment
of the DYBID's purposes and to provide direct participation and communication
opportunity to the business owners and operators subject to the assessments within the
District, following formation of the DYBID. the City Council shall establish a DYBID
Advisory Board comprised of business owners and operators who shall be chosen by
business owners and operators within the DYBID. The Board members shall be owners
and operators of businesses that are 1) located within the DYBID and 2) are subject to the
assessments described herein. The legislation authorizing and establishing the DYBID
Advisory Board shall be approved by the City Council within four (4) months of the
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establishment of the DYBID proposed herein. The Board shall be formed and shall
operate in accord with the specifications set forth in the City ordinance establishing it. The
primary purpose of the Advisory Board shall be to provide a regular path of
communication with the City Council concerning the operation and activities of the DYBID,
particularly with respect to the successful operation of the DYBID in meeting the stated
purposes, as well as to present the Council with proposals affecting the operation of the
DYBID within the parameters permitted by statute and the purposes set forth in Section 2
and Exhibit "C ".
Section 4. In the event that, following a public hearing such DYBID is
established, special assessments shall be levied against all businesses within the DYBID
area to provide funds necessary for the purposes set forth in Section 2 and Exhibit "C ";
special assessments shall be levied upon the following classes of business and at the
following rates:
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 One Hundred Dollars ($100.00).
C. Non Profit Assessment
Non - Profit organizations shall be assessed a reduced property assessment of
sixty percent (60 %) of the standard property 'assessment rate applied within the Zone the
non - profit property is located in. There shall be no discount for the business license fee.
D. Service Cost Allocations As Basis For Property Assessment
There are differing service needs within the DYBID and therefore two (2) service
zones with individually specific assessment rates are hereby established. The levels of
appropriate service delivery within each zone are based upon an analysis of the current
service delivery needs of the District and projected future needs over the term of the
District. Each zone's assessment rate is calculated by determining the District -wide
shared expenses applicable to both zones and the differing zone - specific maintenance
expenses for each individual zone, allocating the final zone - specific expenses over the
total assessed value within the applicable zone. The difference between Zone One and
Zone Two assessments is the differing Zone- specific maintenance costs. Zone One
receives additional seasonal maintenance services to maintain the increased landscaping
therein. All other costs and services are shared equally by both zones.
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E. Calculation of Property Assessments
Based upon the property assessment methodology described above, property
assessments for each Zone are established as follows:
Assessment Per Zone One Zone Two
Dollar of Assessed Value $0.000937 $0.000772
F. Other
Single- family residences and any building containing three or fewer residential
units only that are located in the DYBID will not be included in or receive the property
assessments in the Downtown Yakima Business Improvement District ( "DYBID ") that is
established in accordance with the procedures of Chapter 35.87A RCW and is described
in this Ordinance.
G. Schools
All Schools that are located in the DYBID will not be included in or receive the
property assessments in, the Downtown Yakima Business Improvement District ( "DYBID ")
that is established in accordance with the procedures of Chapter 35.87A RCW and is
described in this Ordinance.
H. Religious Institutions
Religious institutions, including churches, that are located in the DYBID will not be
included in or receive the property assessments in the Downtown Yakima Business
Improvement District ( "DYBID ") that is established in accordance with the procedures of
Chapter 35.87A RCW and is described in this Ordinance; provided, however, that
religious institutions that are located in the DYBID are requested to make a suggested
voluntary donation of Two Hundred Dollars ($200.00) per year to be contributed
voluntarily to the fund consisting of the special assessments that are collected pursuant to
this Ordinance.
Section 5. The total estimated annual budgetary requirement from DYBID
sources necessary to provide the services and uses described in Section 2 and Exhibit
"C" is Two Hundred Twenty One Thousand Two Hundred Ninety Eight Dollars
($221,298.00).
Section 6. If approved after public hearing, the special assessments described
herein will be levied annually following the effective date of the ordinance establishing the
District until the DYBID is disestablished by the City Council through the statutory process
set forth in RCW 35.87A.180, or as hereafter amended.
Section 7. A public hearing shall be held in the City Council Chambers of City
Hall, 129 North 2 Street, on December 6, 2011 at 7:00 P.M. for public comment and City
Council consideration of establishing the proposed Downtown Yakima Business
Improvement District.
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ADOPTED BY THE CITY COUNCIL this 15 day of November, 2011.
41/41 Caj
Micah Cawley, Mayor
ATTEST:
City Clerk % s *� 1 1,
SEAL o;
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• EXHIBIT A
District Boundary
The Downtown Yakima Business Improvement District (DYBID) is broken into two
zones. The boundaries of the zones are described as follows:
Zone One
Zone One represents all of the DYBID properties that have frontage on Yakima Avenue
from the centerline of 8 Avenue east to the centerline of 9 Street, with the exception of
First Presbyterian Church. Zone One also includes all properties east of the railroad
tracks within the boundary.
Zone Two
Zone Two represents the entire area that is north and south of the frontage properties
along Yakima Avenue to the centerline of Lincoln Avenue and Walnut Street, and west
of the railroad tracks within the boundary of the DYBID.
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Zone 1 5127,870 2 00,0/4101
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Zone 2 $39,048
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I. B u siness Licen Fee $45,400 ' % 1f DYBID Area �,..,.� Tot.L S s21,3o7 a I ♦ ♦ S ♦.♦ • o
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0 � A ' _ a 0 - %\stv%.***-% •• z' EXHIBIT B ,'. o i .' „ A s gym' Downtown Yakima Business s _ . � •-• ,,,„,.., ' I mpro vement District (DYBID) \ -d
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EXHIBIT C
The Downtown Yakima Business Improvement District assessments shall be used to
supplement the cost of contracting for the services necessary to fulfill the following purposes,
unless said purposes are modified in accord with appropriate procedure. The term
"CONTRACTOR herein refers to the entity with which the City of Yakima contracts to perform
the following tasks and services.
Clean Services
The CONTRACTOR shall supplement typical existing City of Yakima services by inputting an
additional ten thousand (10,000) employee hours of services throughout the Downtown Yakima
Business Improvement District. CONTRACTOR will use the best equipment available to ensure
the most efficient approach to clean services. The services provided will include:
• Pressure Washing of Sidewalks — CONTRACTOR will provide regular
maintenance for the new and existing sidewalk features, cleaning by pressure
washing them to remove spills, dirt and gum. Further, CONTRACTOR will regularly
clean all new street features including benches and water fountains and will provide
additional maintenance attention as necessary following special events in the
DYBID.
• Weed Abatement — CONTRACTOR will spray and remove weeds throughout the
entire district.
• Daily Trash Removal — CONTRACTOR will regularly pan and broom sidewalks and
curbs to remove trash and debris throughout the entire district and shall empty the
trash receptacles within the DYBID area a minimum of two times per week or as
necessary to maintain cleanliness.
• Special Projects — CONTRACTOR will cooperate with the City of Yakima to remain
flexible to work on special projects that come up each year.
• Graffiti Removal — CONTRACTOR shall provide immediate graffiti removal
throughout the entire district, including both public and private property.
CONTRACTOR's goal will be to remove graffiti within 24 hours of it being reported.
After receiving a signed waiver from a private property owner, CONTRACTOR will
remove any graffiti from private property for no charge. In the case of areas that
receive graffiti damage regularly, CONTRACTOR will store extra paint to do the work
on demand. CONTRACTOR shall use a combination of chemicals and pressure
washing equipment that is sensitive to the various surfaces in downtown Yakima to
accomplish the graffiti removal.
Landscape and Special Projects
The CONTRACTOR will manage and maintain the hanging baskets, planters and flower beds
• throughout downtown Yakima. The annual cost to maintain these and purchase necessary pots,
plants and baskets annually will come from DYBID funds. On a regular basis, CONTRACTOR
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will deadhead, fertilize and properly maintain the baskets, planters and planting areas to ensure
a positive feel and attractive look to downtown Yakima. The hanging baskets, flower beds and
flower pots throughout the District will be planted with a variety of flowers during the summer
months and seasonally appropriate plants in mid - September. All other planting areas throughout
the District will be weeded, mulched and planted with a variety of flowers each summer.
CONTRACTOR shall mow, fertilize and maintain the public lawn areas in the DYBID area
during the summer and shall maintain the safety and appearance of ornamental lighting within
the District.
Safety Services
The CONTRACTOR shall work actively to create a safe environment for visitors, customers and
employees by adding a security presence of approximately 4,500 security hours per year
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. CONTRACTOR's security personnel shall be on
the street from 11:00 a.m. — 7:30 p.m. daily. Their schedule will vary to accommodate special
events and downtown activities. Each ambassador shall be connected through radio and cell
phone to respond immediately to any downtown security issue. The ambassadors shall be
trained to know local businesses and shall be a point of contact for those downtown users on
the street who need help finding businesses and directions.
Economic and Business Development
The CONTRACTOR will continue to work to attract new businesses to downtown and to retain •
the thriving business community of today. To accomplish this CONTRACTOR shall be a
knowledge base for identifying available commercial and office spaces in the DYBID area,
actively recruiting new tenants and being a resource for those business interested in opening
downtown.
Marketing /Communication
The CONTRACTOR will continue to market the changes occurring in downtown and will work
on promoting the downtown business conimunity to visitors and locals alike.
• CONTRACTOR will operate and expand a District website. CONTRACTOR will work
to expand individual listings for each District business to ensure that as many
businesses as possible have an internet presence. The services will only be
available to the businesses within the District.
• CONTRACTOR will send weekly District email updates to internet subscribers to
inform the community about events, developments and people in District.
CONTRACTOR will actively work to expand this list.
• CONTRACTOR will provide a detailed annual report to the City Council and the
DYBID Advisory Board describing the services provided in the previous year,
describing issues and challenges related to the provision of services and meeting
performance standards; report on potential projects that could affect the District.
Advocacy /Leadership /Administration
The following is a list of the staff positions required to do the work included in the management
plan. All positions are full time, year round positions.
Executive Director — the CONTRACTOR's Executive Director is responsible for all fiscal
oversight of all DYBID programs with a major focus on economic development, retail
development, residential development and advocacy. The Executive Director will work to secure
additional funding streams to enhance the DYBID resources for special projects that enhance
the District.
Maintenance Manager — the Maintenance Manager will lead all street level. The Maintenance
Manager will coordinate all cleaning projects and work one on one with property owners to
address cleaning and safety issues. The Maintenance Manager will be available via cell phone
to all DYBID ratepayers to schedule quick and prompt service calls.
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• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of November 15, 2011
ITEM TITLE: City Council consideration of a Resolution expressing the intent of the Council to
establish a Downtown Yakima Business Improvement District (DYBID) through
the resolution process; if adopted, Council would next consider a resolution
setting a time and date for a public hearing to consider approval of an ordinance
establishing a DYBID in Yakima to allow the collection of special assessments
from downtown Yakima business owners and operators for the specific purposes
set forth in the resolution of intent attached hereto.
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT PERSON/TELEPHONE: Jeff Cutter - 575 -6030
SUMMARY EXPLANATION: After consideration and discussion of the City Council the
Council requested that the attached resolution be presented for further consideration. If
adopted, this Resolution expresses the intent of the City Council to initiate a process for the
creation of a DYBID by Council resolution in the City of Yakima, in accord with statute and the
specific provisions of the proposed resolution. Upon adoption of this Resolution the City
Council would next consider the second resolution attached hereto, setting the date, time and
place for a public hearing for the consideration of an ordinance forming a DYBID in Yakima.
Resolution X(2) Ordinance Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: A €'4., / City Manager
Y 9
STAFF RECOMMENDATION:
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The City Council has directed that
a resolution of intent be presented to the full Council for further consideration.
COUNCIL ACTION:
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