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Home My WebLink About2011-057 Parking and Business Improvement Area Formation; Establishment of AssessmentsORDINANCE NO. 2011-57 AN ORDINANCE of the City of Yakima, Washington, reforming a parking and business improvement area in the North Front Street area of downtown Yakima, and establishing special assessments for certain uses and projects within such parking and business improvement area as provided herein. WHEREAS, the City Council (the "Council ") of the City of Yakima, Washington (the "City "), adopted Resolution No. R- 2011 -165 on November 15, 2011 initiating the reformation of a parking and business improvement area for the North Front Street area of Yakima in accordance with RCW 35.86A.030; and WHEREAS, by Resolution No. R- 2011 -165 the Council declared the City's intent to reform a parking and business improvement area for the North Front Street area of Yakima in accordance with RCW 35.87A.040; and WHEREAS, a public hearing concerning the reformation of such parking and business improvement area was held on December 6, 2011 at 7:00 pm in the City Council Chambers at the Yakima City Hall; Now, Therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City Council (the "Council ") of the City of Yakima, Washington, in accord with the intent expressed in Resolution No. R- 2011 -165, adopted November 15, 2011, hereby reforms a parking and business improvement area ( "PBIA ") for a portion of the North Front Street 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 description of the boundaries of the PBIA are set forth on Exhibit "A" attached hereto and incorporated herein by this reference. A map of the PBIA assessment area is attached hereto and incorporated herein by this reference as Exhibit "C ". Section 2. The uses and projects to which the special assessments shall be put are set forth on Exhibit "B" attached hereto and incorporated herein by this reference. The special assessments shall be applied among the various uses and projects set forth on Exhibit "B" so as to accomplish, as nearly as may be possible, all such uses and projects identified therein. If the City determines in consultation with the North Front Street Business Improvement Association (the "Association ") that it has become impractical or undesirable to accomplish any of the uses or projects set forth on Exhibit "B" by reason of increased costs or 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 35.87A.010 RCW, as amended, or its successor statute, if any; And further provided that the City in consultation with the Association may not substitute any such alternative use or project for those set forth on Exhibit "B" if, within 30 days of the City's mailing notice of such proposed substitution to all businesses within the PBIA subject to assessments, written objections are received from operators of businesses that would be required to pay more than fifty percent of the proposed special assessments within such PBIA. All such uses and projects shall be supplemental to regular street maintenance provided by the City and shall not displace any services regularly provided by the City. Section 3. Upon PBIA reformation, special assessments shall be levied against all businesses within the PBIA to provide the funds necessary for the purposes set forth in Section 2, which special assessments shall be levied upon the following classes of business and at the following rates: Category First Floor Business Upper Floor Business Assessment $200.00 / year $135.00 / year Section 4. The City will contract with the Association to administer the operation of the PBIA, as authorized by RCW 35.87A.110. Section 5. The special assessments described herein shall be levied every year following the reformation of such PBIA until the PBIA is terminated by action of the City Council to disestablish the area, as set forth in RCW 35.87A.180. 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 6th day of December, 2011. ATTEST: Publication Date: December 9, 2011 Effective Date:, January 8, 2012 N Micah Cawl y, Mayor Exhibit A North Front Street PBIA Boundaries North Boundary: East Martin Luther King Boulevard from the BNSF mainline tracks to South First Street. East Boundary: South First Street from East Martin Luther King Boulevard to the first public alley south of Yakima Avenue. South Boundary: Along the public alley to the BNSF mainline tracks. West Boundary: North along the BNSF mainline tracks to East Martin Luther King Boulevard. • LJ • EKhibit B Program Options as Su jested by the NFSBIA Proposed Budget Evening Eve_ nt(s): Annual North Front Street Evening Event with the primary function of promoting the area to potential customers, shoppers, and diners. Festivals could include: theme programs, music, or arts related activities. North Front Street Pamphlet• Promotional material inchiding: an area map including business identification, history or area, etc. To be distributed by Visitor Information Center, Chamber of Commerce, and area businesses. Advertising and Promotion.- Sustaining and/or expanding current North Front Street Association advertising such as the Yakima Valley-Visitor Guide, newspaper, specialized magazines, radio, television or other media: J w�E 1 inch = 200 feet Front Street PB IA 5 - Exhibit C � PEE \ 01N ;r ` O G JRSw N - - 3 1 1 1 L� 7 � G f PK\ Eqcl N N A -c� \ 0 N-A S GN w�E 1 inch = 200 feet Front Street PB IA 5 - Exhibit C • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. (0 For Meeting of: December 6, 2011 ITEM TITLE: Public hearing and consideration of a Ordinance reforming a Parking and Business Improvement Area ( "PBIA ") in the North Front Street area of downtown Yakima and establishing special assessments within such PBIA as provided herein. SUBMITTED BY: Michael Morales, Assistant City Manager CONTACT PERSON/TELEPHONE: Joan Davenport, Planning Manager/ 509 - 576 -6417 SUMMARY EXPLANATION: The business owners located within the North Front Street Business Improvement Area (NFSBIA) filed a petition with the City Clerk, as authorized by RCW Chapter 35.87A, requesting the reformation of a PBIA originally established in Ordinance No. 2001 -36 and reformed under Ordinance No. 2006 -57. The City Council adopted Resolution No. R- 2011 -165 on November 15, 2011, initiating the reformation of the North Front Street PBIA for the North Front Street area of Yakima in accordance with RCW 35.86A.010 and 030. By passing this ordinance, Council reforms the North Front Street PBIA, and establishes special assessments for certain uses and projects within such PBIA, under the terms and conditions set forth therein. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass ordinance BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download E] Ord N Front St PBIA ❑ PBIA Exh A 0 PBIA Exh B ❑ PBIA Exh C