Loading...
HomeMy WebLinkAbout01/10/2012 07 Creation of a Transportation Benefit District / 5-Year Failed Arterials Repair Program; Set Hearing Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT °'7 Item No. / For Meeting of January 10, 2012 : e ztrW t :".",r't ,a s.ts.:.. ?,u. , ;..+� �1 t'?n .:�:�?^ , ;w i� { ,, :F ia wN. �J u, !, r;� x -q . F nr z Rit:T;a ..H�iN - ` ..x ...u.� ITEM TITLE: Resolution setting a public hearing on February 7, 2012 regarding creation of a Transportation Benefit District, comprising the corporate limits of the City, to fund and complete the projects listed in the City's 5- Year Failed Arterials Repair Program. SUBMITTED BY: Chris Waarvick, Director of Public Works Joe Rosenlund, Streets and Traffic Operations Manager CONTACT Joe Rosenlund - 575 -6005 PERSON /TELEPHONE: Bronson Faul - 575 -6030 SUMMARY EXPLANATION: At the December 6, 2011 City Council Business Meeting, a motion was made and passed directing staff to proceed with the necessary actions required to create a Transportation Benefit District (TBD) for pavement preservation. The next step is to hold a public hearing on the ordinance that creates the TBD, its boundaries, composition of its board and defines the transportation improvements the district is to accomplish. This action does not enact a car tab fee or other funding mechanism. Per RCW 36.73.050, the Council must hold a public hearing prior to determining if a TBD should be created. After the public hearing, the Council may create the district by ordinance, set another time to create the TBD or take no action. A draft ordinance is attached for reference. Resolution X Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully recommends City Council to set the public hearing date and time of Tuesday, February 7, 2012, 7 PM for creation of a Transportation Benefit District for the City of Yakima. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ TBD set date public hearing resolution ❑ 12 -29 -11 Memo to Council re TBD ❑ Draft Ordinance re Creation of TBD ❑ TBD 5 -Yr List - Exhibit A to Draft Ordinance Creating TBD RESOLUTION NO. R -2012- A RESOLUTION setting the time and place for hearing on February 7, 2012 at 7:00 PM in the City of Yakima Council Chambers to hear from the public on the creation of a Transportation Benefit District, comprising the corporate limits of the City, to fund and complete the projects listed in the City's 5 -Year Failed Arterials Repair Program. WHEREAS, the City of Yakima proposes creating a Transportation Benefit District as authorized by RCW 35.21.225 and governed by the provisions of Chapter 36.73 RCW; and WHEREAS, a public hearing must be held prior to the creation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That said Transportation Benefit District shall be presented for hearing and determination on Tuesday, February 7, 2012, at the hour of 7:00 p.m. in the Council Chambers of the City of Yakima, at Yakima City Hall, Yakima, Washington, or as soon thereafter as the same may be heard, and that notice of such hearing be given as approved by law. ADOPTED BY THE CITY COUNCIL this 10 day of January, 2012. Mayor ATTEST: City Clerk C1'1'Y OF YAKIMA LEGAL DEPARTMENT 203SouthTh d9re tYa1dna,.Waslmngon 01 ,- Fax jf1) MEMORANDUM December 29, 2011 TO: City Council FROM: Bronson Faul, Assistant City Attorney SUBJECT: Transportation Benefit District/$20 Vehicle License Fee The legislature has authorized jurisdictions to create a Transportation Benefit District (TBD) as an independent taxing authority to fund identified transportation projects. The process to create a TBD and institute a supporting tax is strictly regulated by statute and provides for built in oversight provisions. Steps to Create a TBD Initially, transportation improvements are identified using a number of criteria defined by statute.' Once the projects are identified, council must conduct a public hearing prior to forming a TBD. The notice of hearing shall specify the functions or activities proposed to be provided or funded. Following the hearing, the legislative authority may establish the district if it finds the action to be in the public interest. The ordinance establishing the TBD shall specify the functions and transportation improvements to be funded and shall also establish the boundary of the TBD as described in the notice of public hearing. The boundaries shall be the city limits. If the legislative authority wishes to expand the TBD, a new notice must be issued and another public hearing must be held. The members of the legislative authority establishing the TBD act as the ex officio independent governing body of the district. Funding Once the TBD has been created, the district can then pass legislation to provide funding. Among several funding options is the imposition of a vehicle license fee of $20, which can be implemented without a vote of the public. Additional funding options are available with a vote of the public. Some jurisdictions have included this funding legislation in the original ordinance creating the TBD while others have specific legislation to address funding RCW 36.73.020(1). 2 RCW 36.73.050. ? Defined in RCW 36.73.015. 4 RCW 82.80.140. Memorandum to Council re TBD December 29, 2011 Page 2 If the TBD chooses the $20 vehicle license fee as the funding mechanism, the fee cannot be collected until six months after the approval of the fee.' The department of licensing will collect the fee and deduct a percentage, not to exceed one percent, then remit the remaining proceeds to the state treasurer. The state treasurer will distribute the proceeds to the TBD on a monthly basis. Since the TBD is independent, the funds are held by the district and can only be used on the identified projects. TBD Changes and Requirements The TBD shall develop a material change policy to address major plan changes that affect project delivery and financing. At a minimum, the policy must provide a public hearing to solicit comment from the public if a transportation improvement cost will exceed its original projected cost by more than twenty percent. There is also 'a requirement that the TBD issue an annual report provided to the public and newspapers of record indicating the status of the improvement costs, expenditures, revenues, and construction schedules. Because the TBD is created for specific identified projects and purposes, the statute provides the TBD will terminate and dissolve within 30 days of the completion of the identified projects and retirement of any debt service or financing Timeline The time to establish the TBD and a funding source will be dictated by council. Council can act to pass the TBD and funding source at the end of the first public hearing or separate the creation of the TBD and if passed, move to the funding decisions at a subsequent time. RCW 82.80 140(4). 6 RCW 36.73.170. DRAFT ORDINANCE NO. 2012 - AN ORDINANCE of the City of Yakima, Washington, relating to a Transportation Benefit District; establishing a Transportation Benefit District, specifying that the boundaries will coincide with the City boundaries; and specifying the transportation improvements to be funded by the district. WHEREAS, RCW 35.21.225 authorizes the legislative authority of a city to establish a transportation benefit district ( "TBD "), for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the TBD, subject to the provisions of chapter 36.73 RCW; and WHEREAS, the improvement, maintenance, and protection of public ways requires building sufficient capacity to adequately accommodate existing congestion and anticipate future congestion, and also requires maintaining and preserving existing transportation improvements to avoid catastrophic failure which would result in costly reconstruction; and WHEREAS, the City has limited transportation funding to pay for necessary transportation projects that may alleviate congestion and preserve and maintain existing infrastructure; and WHEREAS, the City's 5 -Year Failed Arterials Repair Program, attached as Exhibit "A," identifies projects that also constitute transportation improvements that may be funded by a TBD; and WHEREAS, the City provided proper notice, conducted a public hearing on February 7, 2012 and took public comment regarding the proposed establishment of a TBD in accordance with RCW 36.73.050; and WHEREAS, the City Council desires to form a TBD which includes the entire City of Yakima as the boundaries currently exist or as they may exist following future annexations; and WHEREAS, the City Council finds it to be in the best interests of the City to establish a citywide TBD to provide for preservation and maintenance of the city's transportation infrastructure consistent with RCW Chapter 36.73; and WHEREAS, the City Council shall establish a governing body for the TBD comprised of the City Council acting in an ex officio and independent capacity; Now, Therefore; BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City Council finds it is in the public interest to provide adequate levels of funding for transportation improvements through the establishment of a TBD. The City Council further finds that the City's 5 -Year Failed Arterials Repair Program constitutes transportation improvements that may be funded by a TBD and did consider the criteria listed in RCW 36.73.020(1) when selecting these projects. Section 2. The City, pursuant to RCW 35.21.225 and Chapter 36.73 RCW, hereby establishes and creates a TBD to be known and referred to as the City of Yakima TBD, subject to the following, 1 DRAFT 1. Establishing a Transportation Benefit District. There is created the City of Yakima TBD with geographical boundaries comprised of the corporate limits of the City, as these boundaries may be amended following future annexations. 2. Governing Board. a. The governing board of the City of Yakima TBD shall be the Yakima City Council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW. b. The treasurer of the transportation benefit district shall be the City Finance Director consistent with RCW 36.73.020(4). c. The board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a minimum, if a transportation improvement exceeds its original cost by more than twenty percent, as identified in the district's original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. 3. Powers of the District. The City of Yakima TBD shall possess only the powers of a transportation benefit district provided by law, as it now exists or is hereafter amended. 4. Transportation Improvements Funded. The funds generated by the City of Yakima TBD shall be used for the TBD projects described in Section 1 of this ordinance. The TBD projects may be amended in accordance with the material change policy described in Section 2(2)(c) of this ordinance and in accordance with the notice, hearing and other procedures described in Chapter 36.73 RCW, as it now exists or is hereafter amended. 5. Annual Report to the Public. As required by RCW 36.73.160(2), the Board shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the City of Yakima TBD. 6. Dissolution of District. The transportation district shall be automatically dissolved when all indebtedness of the district has been retired and when all of the district's anticipated responsibilities have been satisfied. Section 3. If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. Section 4. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. 2 DRAFT PASSED BY THE CITY COUNCIL this 7 day of February, 2012. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: 3 Transportation Benefit District Proposed 5 -Year Project List Street From To Sq Ft Treatment Cost/ Total Cost Maint. SF Year Year 1 3rd St Arlington Beech 95000 Mill & Overlay $3.42 $324,900.00 2013 Lincoln Av 56th Ave 66th Ave 68880 Mill & Overlay $3.42 $235,569.60 2013 Yakima Av 12th Ave 16th Ave 81200 CIR $4.87 $395,444.00 2013 $955,913.60 Year 2 D St 1st St 5th Ave 122200 CIR $4.87 $595,114.00 2014 25th Av Englewood Castlevale 31050 Mill & Overlay $3.42 $106,191.00 2014 Lincoln Av 40th Ave 46th Ave 77000 CIR $4.87 $374,990.00 2014 $1,076,295.00 Year 3 Pecks Canyon Rd Scenic Dr City Limit 4620 Mill & Overlay $3.42 $15,800.40 2015 Viola Av 1st St Fair Ave 35100 Mill & Overlay $3.42 $120,042.00 2015 24th Av Washington Mead 122500 CIR $4 87 $596,575.00 2015 G St 3rd St 6th St 38400 Mill & Overlay $3 42 $131,328 00 2014 G St 1st St 3rd St 22400 Mill & Overlay $3.42 $76,608.00 2015 Walnut St 3rd Ave 5th Ave 36400 CIR $4.87 $177,268.00 2015 $1,117,621.40 Year 4 6th St Yakima Pacific 220000 Mill & Overlay $3.42 $752,400.00 2016 Scenic Dr 4202 4615 53406 Mill & Overlay $3.42 $182,648.52 2016 Scenic Scenic Walnut St 1st St 3rd St 36400 CIR $4.87 $177,268 00 2016 $1,112,316 52 Year 5 3rd Av Yakima Walnut 68000 CIR $4.87 $331,160.00 2017 Lincoln Av 24th Ave 32nd Ave 109000 CIR $4.87 $530,830.00 2017 $861,990.00 Unfunded 24th Av Mead Nob Hill 127400 CIR $4 87 $620,438.00 Walnut St 5th Ave 7th Ave 36400 CIR $4 87 $177,268.00 Pierce Av Summitview Lincoln 40000 Mill & Overlay $3.42 $136,800.00 Fruitvale Blvd 2100 3000 256000 HIR $7.73 $1,978,880.00 Fruitvale Fruitvale Fruitvale Blvd 3000 4000 276000 HIR $7.73 $2,133,480.00 Fruitvale Fruitvale $5,046,866.00 D Street is not an arterial but is critical for emergency response. 1