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10/16/2012 11 Action Plan for Changes in the Downtown Program BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 1 For Meeting of: October 16, 2012 ITEM TITLE: Action Plan for Changes in the Downtown Program SUBMITTED BY: Tony O'Rourke, City Manager Joan Davenport, Acting Community Development Director CONTACT Tony O'Rourke, City Manager PERSON /TELEPHONE: SUMMARY EXPLANATION: This action plan is a follow -up to the City Council Study Session of September 11, 2012 regarding changes in the implementation of the programs in the Yakima Downtown area. This Action Plan provides a frame -work for implementing the various improvement initiatives. Legislation will be initiated on October 30 for many of these items. The attached report includes consideration of the following major items: I. Modifications to the Downtown Yakima Business Improvement District (DYBID) Boundary II. Changes to the Downtown Public Parking Lots III. Financial Analysis of Revenue Impacts IV. Create a Pedestrian Plaza on 4th Street V. Modify Special Event Protocol VI. City Sponsored Downtown Events Direction from City Council on a variety of items is necessary in order to develop legislation and programmatic intent from the Council on these issues. A list is included at the end of the report which summarizes Council decision points. Resolution Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: 4 =It i pt r City Manager STAFF RECOMMENDATION: Review report and provide staff direction on the policy issues listed at the end of the Action Plan BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Action Plan for Downtown Yakima ❑ Attachment 1. Map of Existing DYBID ❑ Attachment 2: Map of Proposed DYBID Revision ❑ Existing DYBID Ordinance ❑ Attachment 3: Financial Analysis of Parking ❑ Attachment 4. Kunkler Memo on Ped Plaza Process Memorandum To: Honorable Mayor and City Council From: Tony O'Rourke, City Manager Jeff Cutter, City Attorney Mark Kunkler, Senior Assistant City Attorney Chris Waarvick, Director of Public Works Cindy Epperson, Director of Finance Joan Davenport, Acting Director of Community Development Date: October 16, 2012 Subject: Action Plan for Changes in Downtown Yakima This memo is a follow -up to the City Council Study Session on September 11, 2012 regarding promotion of Yakima Downtown and the Downtown Yakima Business Improvement District (DYBID). Several of the projects require ordinance amendments and include specific procedural criteria. This Action Plan provides a frame -work for implementing the various projects. Legislation will be initiated on October 30 for many of these items. This report includes consideration of the following major items: I. Modifications to the Downtown Yakima Business Improvement District (DYBID) Boundary 11. Changes to the Downtown Public Parking Lots III. Financial Analysis of Revenue Impacts IV. Create a Pedestrian Plaza on 4 Street V. Modify Special Event Protocol VI. City Sponsored Downtown Events Staff recommends the Council review this report and to provide specific direction at the end of the report of the discussion items. I. PROCEDURE REQUIRED TO AMEND THE PRESENT DYBID AREA At the Study Session, the Council consensus was to recommend a reduction in the physical size of the DYBID by eliminating Zone 2, eliminate exemptions from the assessment, and create a tiered assessment structure that would provide a discount for buildings which are experiencing vacancies. The financial analysis portion of this report (Section III) presents estimates of the each of the components of the revised program. In order to modify the size of the present DYBID area in the City, or to change the assessment structure, there is a specific statutory process required to accomplish the changes, ultimately culminating in a revised ordinance the Council must approve. It is also noteworthy that depending upon the modifications proposed, the ordinance establishing the DYBID Advisory Board may have to be amended due to the Board membership being directly associated with the two zones that presently exist. The following is the procedure necessary to effectuate a change to the DYBID with respect to either size or assessment structure, or both. Page 1 of 7 1. In accord with RCW 35.87A.075, boundaries of an existing DYBID may be modified by adoption of an ordinance, following a public hearing before the Council. The action taken may either expand or reduce the existing boundaries. Boundaries may be modified no more often than once annually. To begin the modification process, Council must adopt a resolution of intent to modify the boundaries and / or to modify the assessment schedule from what currently exists. The resolution of intent must be adopted no less than fifteen days prior to a required public hearing to consider the proposed modifications. 2. Notice of the public hearing shall require (1) that the resolution of intent be published in a newspaper of general city -wide circulation; and (2) that a complete copy of the resolution of intent be mailed to each business and entity identified in the established DYBID area. Publication and mailing shall be complete no Tess than ten days prior to the date of the public hearing. RCW 35.87A.050 3. All proposed changes must be specifically described and identified in the resolution of intent so that those affected by the changes will be fully advised as to how they may be affected. 4. Following the public hearing, and presuming the Council approves the resolution of intent, then an ordinance modifying the original DYBID area in the specific manner described by the resolution of intent to modify the area will be presented to the Council. If the modification ordinance is approved, the DYBID area shall be modified in the time and manner described therein. In the case of the present DYBID, the modification could also require that revisions also be made in the newly formed DYBID Advisory Board, insofar as that Board was provided for in the DYBID formation, and specifically described and conditioned by a related ordinance that could also be presented to Council at the same time the DYBID modification was considered. 5. The most optimum time to begin the effective date of a modified DYBID area would be at the beginning of the year, to simplify the process of assessment collection. 6. Expected Timeline: • October 30 Resolution of Intent to Modify Boundary, Assessment Rates and Advisory Board presented to City Council. This resolution must include specific details of the desired changes. • November 5: Notice of Resolution of Intent published and specific ordinance changes mailed to each interested party in the DYBID • November 20: Council holds public hearing • Council implements changes to the DYBID as specified in the ordinance 7. Additional legislation — Municipal Code changes to coordinate Business License to DYBID fee for businesses inside area. 8. Council Discussion items a. Amend Boundary of DYBID to remove Zone 2 and part of Zone 1 b. Modify requirements for property assessment to include a 25% discount for properties which are experiencing vacancies - c. Provide direction on current policy to exempt government owned and non- profit properties. Page 2of7 d. If the boundary is modified, the DYBID Advisory Board may be changed. Consider 5 instead of 7 members? Attachment 1 for the map of the existing DYBID Area Attachment 2 for the map of the proposed DYBID Area revision Attachment 3 existing ordinance for DYBID II. CHANGES TO THE DOWNTOWN PUBLIC PARKING LOTS The Council endorsed modifying the downtown lots to a 4 -hour maximum parking limit, eliminating monthly parking passes in the city Tots, stop use of the automated receipt machines, and disband the Downtown Parking Commission. Authority to manage and operate the downtown parking Tots is contained in Yakima Municipal Code 9.49 and YMC 9.50. These portions of the Municipal Code will need to be amended. Current contract provisions will also need to be modified. Council Discussion items: a. Bag or remove Cale Parking System machines. Cancel maintenance agreements b. Modify Block by Block contract for parking enforcement within city owned Tots, and a reduced scope of services based on smaller area and reduced budget. c. Eliminate long term parking passes in city lots d. Eliminate long term leases for parking (such as the Liberty Building provisions) e. Modify or repeal Parking Commission provisions of Municipal Code. f. Modify or repeal parking lot rate ordinance in Municipal Code III. FINANCIAL ANALYSIS OF REVENUE IMPACTS Current DYBID Revenue: As adopted, the 2012 DYBID (637 properties) was expected to generate (if fully funded): $176,307 in property assessments and $ 45,000 in Business Fees $221,307 Total DYBID Income This revenue is dedicated to (1) Support maintenance in the DYBID area through a contract with "Block by Block ", (2) Purchase of flower baskets, and (3) Other related miscellaneous expenses. The proposed modification to the DYBID area eliminates Zone 2 and a portion of Zone 1 (contains a total of 312 properties) and reduces the presently anticipated property assessment to: $130,111 in property assessments (with current exemptions) $ 30,000 in Business Fees $160,111 Total DYBID Income Page 3 of 7 If an assessment discount for vacancies were implemented, the $130,111 revenue could be reduced to approximately $110,000 depending on the number of properties that qualify for the 25% discount if the structure is more than 50% vacant. Many buildings downtown do not have tenants on the upper floors of the structure but are occupied on the ground level. In addition to the revised estimate (noted above) additional DYBID income could be obtained if the government owned, exempt and non - profit properties paid the full assessment. Yakima County owned properties $29,353 (8 properties) City of Yakima owned properties $26,419 (24 properties) Library $ 2,132 (1 property) Federal Property $ 1,636 (2 properties) Exempt properties (churches, etc.) $ 2,062 (24 properties) Non - profits $ 4,636 (12 properties) Assessment $66,635 The reduction in the assessment and fee revenue of the Downtown Yakima Business Improvement District (637 to 312 parcels) from $230 K to $165 on an annual basis would reduce the size of the Downtown Ambassador team in half from average of 240 weekly hours from April 1 to October 31st to 120 hours and from 112 hours from November 1s to March 31s to 80 hours per week. The reduction in district size does not however correspond to a reduction in overall scope of work. Even though the reduction removes the outlying areas of the district, the contractor will still need to empty over 100 district trash cans, maintain numerous landscaping areas and planters, perform graffiti removal and detailed litter removal from district sidewalks including all areas that were updated under the "Downtown Futures Initiative." Even with a smaller team, the contractor can certainly maintain the smaller district, but the opportunities for service challenges to appear throughout the season increase. Parking Lot Revenue Revenue generated through the parking lot fees, permits and leases generated approximately $60,500 which was spent for: $5,000 for the parking system supplies & fees, $50,000 City contribution to the downtown project Council Discussion items: a. As noted in section 1, provide direction on exempt and government property assessments See Attachment 4 for the Summary of the Financial Analysis IV. CREATE A PEDESTRIAN PLAZA ON 4 STREET The City Council endorsed the concept of creating a pedestrian plaza on South 4 Street between Yakima Avenue and Chestnut Avenue. There are provisions in Washington State law (RCW 35.71) regarding the conversion of a public street to a pedestrian mall that the City of Page 4 of 7 Yakima would need to follow and include working with adjoining property owners to address any issues and concerns. The expected timeline to implement a pedestrian mall, if started immediately, could follow a timeline as shown below: • Start conceptual planning, analysis, discussion with property owners now (already commenced). • Present Action Plan to City Council on October 16 • Present required Resolution of Initiation on October 30 for action. (Set informational public hearing for December 4 ) • Start SEPA on or about November 7. • Work on Plan development with property owners - phased implementation of improvements • (Optional: hold informational public hearing on December 4). • Conclude SEPA process on or about December 21. • Set public hearing for public comment and adoption of Ordinance establishing Pedestrian Mall on January 15, 2013. (Note: requires publication of notice at least 14- days prior to hearing.) Council Discussion Items: a. Endorse the Pedestrian Mall process and direct staff to pursue Resolution to Initiate Please refer to Attachment 5, memo from Mark Kunkler, Senior Assistant City Attorney regarding Pedestrian Mall Process V. MODIFY SPECIAL EVENT PROTOCOL The Council endorsed changes to the requirements for obtaining certain Special Event permits which require the closure of city streets. Events such as parades, marches, and block parties will have different criteria and remain substantially the same as present. Changes in the Street Closure Events include: 1. If the event involved the closure of downtown street, the event organizer would be required to pay a Clean -Up Fee or Deposit. 2. Certain events will be required to pay for or provide event parking. 3. A revised permit application package will be developed that is more inclusive and user friendly. 4. All necessary permits, such as any required noise permits, will be included in the application package. 5. Existing license agreements with the 5 "signature" downtown events may need to be examined. The five events which currently have event license agreements with the City include the Farmer's Market, Cinco de Mayo, Fresh Hop Ale Festival, Hot Shots 3 -on -3 Basketball Tournament, and the Smoke -out Choke -Out event. 6. Criteria will be identified for different venues, appropriate for the size of the event. Locations for events will include: • Front Street • A Street/ Performance Park Page 5 of 7 _ .- • 3 Street • 4 Street Plaza • Chestnut Avenue o Yakima Avenue Yakima Municipal Code 9.70 Parades and Special Events will need to be amended. The Council will be briefed as the criteria and application packages are developed for Special Events. Discussion Items for Council: a. Discuss a clean -up fee /event deposit b. Discuss requirement for event parking paid.by. organizer A Working draft of changes to YMC 9.70 is included in this packet as Attachment 6 VI. CITY TO SPONSOR SOME DOWNTOWN EVENTS The new Economic Development Manger will work closely with the City Manager to develop concept and details for city sponsored community events. To support this activity, the City commits to: • Invest $100,000 to sponsor events • Purchase thirty (30) 10' by 10' event tents SUMMARY OF ACTION ITEMS FROM COUNCIL a. Amend Boundary of DYBID to eliminate Zone 2 and reduce Zone 1 b. Modify requirements for property assessment to include a discount for properties which are experiencing vacancies. c. Provide direction on current policy to exempt government owned and non - profit properties. d. If the boundary is modified, the DYBID Advisory Board may be changed. (Consider 5 instead of 7 members ?) e. Bag or remove Cale Parking System machines from city parking Tots. Cancel maintenance agreements f. Modify Block by Block contract for parking enforcement within city owned lots, and a reduced scope of services based on smaller area and reduced budget. g. Eliminate long term parking passes in city lots h. Eliminate long term leases for parking (such as the Liberty Building provisions) i. Modify or repeal Parking Commission provisions of Municipal Code (YMC 9.49) j. Modify or repeal parking lot rate ordinance in Municipal Code (YMC 9.50) k. Provide direction on the revenue source for city contribution to support downtown program (currently $50,000) if parking revenue is lost I. Endorse the Pedestrian Mall process and direct staff to pursue Resolution to Initiate and the requirements of RCW 35.71. Page 6 of 7 m. Modify requirements for a clean -up fee /event deposit and other changes to Special event permits (YMC 9.70) n. Discuss requirement for event parking paid by organizer o. Invest $100,000 for the city to sponsor downtown events p. Purchase event tents Page 7 of 7 E IIUIIIII \_-\I — i % WY 0 � �; — •> - f • WWII � Assessments i 0 �? ♦ Zoned As Assessment ♦ ■ S ' , 11.1111 by N F y Zone o . s ♦ S N � RAVF Exempt Properties $0 0 0 � �' ' � •' ' • 1 1Zone 1 $127,870 %%% ' ' lip - Zone 1 non - profit $7,437 ' ' ' E Zone 2 $39, 048 ' At; ■ '' • O Zone 2 non- rofit , 552 • %. A • ♦ ' v■ 40 B License Fee $, 400 > ' �,! �� ' �' % DYB I D A rea Assessment Total $221 45 , 307 � � ', �'� ! t' ‘A0,* =I 0 ,,. ... _ __ 0... ... ......... . .,,,, .---or w m \‘‘‘ti ,, . ,,, jR.4 EG , -\ Ws ,v , ‘‘. 1; „04 . 0 * S .•: ' �- ' ► CE HGTS Inl ,,,t* .• � 111111111111 ♦� , cn S A E IP 1 s • ,.. r 0 W Z', P y % 4.44F-1 . (s)_41 0 AO *1 gA ‘ M, , t s , ,6 —I . 1 iiiiiiimi __ o - t o A ■ : • W i ‘ t 'C_O I . ■- : '' AVt,* 0 : _ 0.- - . s :,0- .. - - - ,,s- 0 00 *1w i .. E UCE S I 1 ..; t 0 'V3 , ) p_\u_)\, 4 , - ',;. 0 .,61`t , .. H S'W P �.••• ♦ ♦ • ,N I • � •A � i � � s G -� P � ♦t�tt ♦ � z � � ■ � ■ � ■ WT Ott `� :sN v '� ♦ �� ♦ �� �� „,, 'Pr,' (Pc 1S s e o . \‘... %** ..■*\ I X _ Om — _ - ■ ■ ■ ■-1 •�tt� � �' EXHIBIT =-` � y ',lilt ■ s B ...�•�. �,„ ♦ � s � % Downtown Yakima Business ( . ® ” ‘ � i , ■ I m rovement District DYB I D �, *•�•.. * ���' • .' ' OS - - i 1 %. °- � 11/8/2011 City of Yakima GIS Services i liii, R , OR„,�D �' „' ~ ' . a ♦ s �'� • • 7 \% _ _ _ • JEROMEAVE POPLAR ST r r DRAFT of 5C N FAIR AVE 2 5 > 2 2 u, 2 .z. propose. 5I CIA 1- NO D 24 0 A tt ittx {•x {xtt x* /�� r I OVA ' lt R ev.s.on NPV� {• {xitx xl ,. a X � 141 UM v N C 1 { { t . [ ` 1 `4' MCKlNLEY AVE .0U isst• S{t► 1 {x WI *, ** {t 1• { " { {xitxt{ "{ . IMA AVE i t {x TERRACE HGTS WY • PITCHER ST GARFIELDAVE t• * {1t*' . •� -;j� • 1\41. E CHESTNUT AVE d i t i FENTON ST x y � n 2 N •• t • { {• {11x a , yit ,, t y x �� m {llxit A-- % +t, i * 4 N nt .• itx lt tN'"' w a FOLSOM AVE 5� w r 1S ,p4'1r' 4 . c � " { {1 111t t tx { { {•1 -. >Lii �P Na downtown Yakima Business •11tt w {g x {x ,�"•t l tt BROWNE AVE �� , {. / /x tt' "' '' 'xl s Improvement District Ma p a 1. t •• • • 11' Y-' ��' P is • 'r a ' +� �� *s_.k� Properties were selected in the new designated area and 2 stJMMITt � F `Y V 1 1.° V t`_ ' a q G ,�N� • a new assessment amount was calculated at the same rate t " m �� 4 *ttt' for all properties ( 000936666) Properties are thematically a N • • • m 37 NCH 5 ,,,\N •i�i mapped based on the previous exemption categories }Ys I- ,SY 2012 DYBID Properties Pm No Exemption - 241 properties - $130,111 15 Government - 35 properties - $59,937 16 2 ,), Non Profit - 12 properties - $4,636 12 NO 59 CE Exempt - 24 properties - $2,062 68 *Ipo 312 Properties - Total $196,747 11 10/08/2012 - City of Yakima - GIS Services ...41 ''' 'N\rissori: .. .. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 FcirMeeting of: December 6, 2011 1 I 1 ITEM TITLE: Public hearing and conSideration.of an Ordinance establishing the DoWntown Yakima BuSiness Improvement District in accord with terms of Council ReSoltition"2011-163 for public participation. SUBMITTED BY: Jeff Cutter, City AttOrney ... CONTACT Jeff Cutter, City Attbrney/509-575-6030 . PERSON/TELEPHONE: SUMMARY EXPLANATION: On November 15, 2011 , the City Council set December 501, 2011 as the date for ,a public hearing, as required by RCW 35.87A, to Consider the establishment 'Of the Downtown Yakima:PU*6'0S Improvement District (DYblp) described in the attached Ordinance. Following the:pUblit hearing the City Council may ohoose to establish said 2011 „.. .. , , DYSID consistent with the terms of Resolution' and'the:attaChed Ordinande. Alternatively i yfollowing the hearing the 'council may decide to amendffie OidinaCe, which depending upon the amendment( • propoied,'MaY require a continuation of the public hearing after an opportottitifOr fuliherriotiCe:Solhet.the parties subject to the proposed assessments have OOPOilObitY to COhinieht'Onthe amended proposal (RCW _.: 35.8M.0t). . . I . , Resolution Ordinance X - Other (specify) contract: , Mail to: ' .•, . , ,... . ,. COnIraCt-Terrn: Amount : Expiration Date: Insurance Required? No ' PUncting,, :phone: Source: APPROVSD;FDR .1 ./, .• 112, , , City Manager _ SUB,MOTAL:, , „ .. . . STAFF, RECOMMENDATION: Con the presented. . . BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: - _ Click to download. . . • ORDINANCE NO. 2011- D AN ORDINANCE of the City of Yakima, Washington, relating to a Downtown Business Improvement Area; establishing a Downtown Yakima Business Improvement District in the downtown area of the City of Yakima pursuant to Chapter 35.87A RCW and establishing special assessments for certain uses and projects within such Downtown Yakima Business Improvement District, as provided herein. WHEREAS, the City Council of the City of Yakima, Washington ( "City "), on November 15, 2011, adopted Resolution No. R- 2011 -163 initiating the establishment of the Downtown Yakima Business Improvement District in downtown Yakima, in accordance with RCW 35.87A.030 and RCW 35.87A.040; the title of Resolution No. R- 2011 -163 was "A Resolution of the City Council of the City of Yakima initiating the establishment of a new Downtown Yakima Business Improvement District (hereinafter DYBID) in the recently disestablished DYBID, for the purpose of collection of special assessments from Yakima downtown business owners and operators for the specific purposes set forth in this resolution of said intent; and setting the date, time and location for a public hearing to consider said establishment. "; and WHEREAS, the City Council by adopting Resolution No. R- 2011 -163 set a public date to be held at City Hall, Yakima, Washington, on December 6, 2011, at 7:00 P m., relating to the formation of said Downtown Yakima Business Improvement District, the geographic description of the Downtown Yakima Business Improvement District, the proposed uses and projects to be financed within said Downtown Yakima Business Improvement District, and the proposed special assessments to be levied upon businesses within said Downtown Yakima Business Improvement District; and WHEREAS, notice of the hearing set for December 6, 2011, at 7 00 p.m., was given as provided in RCW 35.87A.050; and WHEREAS, a public hearing concerning the establishment of the Downtown Yakima Business Improvement District was held on December 6, 2011, at 7:00 p.m., in the City Council Chambers of City Hall, 129 North Second Street, Yakima, Washington; Now, Therefore; BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima, Washington (the "City "), hereby establishes a Downtown Yakima Business Improvement District (hereafter "DYBID ") in downtown Yakima, as provided in Chapter 35.87A RCW, for the purpose of assisting trade, economic vitality, security and livability within the District. The boundaries of the DYBID are described in Exhibit "A° and illustrated in the map attached as Exhibit "8", attached hereto and by this reference fully incorporated herein. Section 2. The uses and projects to which the special assessments shall be put are set forth on Exhibit "C ", attached hereto and by this reference fully incorporated herein. The special assessments shall be applied among the various uses and projects set forth in Exhibit "C" so as to accomplish, as nearly as may be possible, all such uses and projects for which said assessments are estimated and budgeted, as set forth in Section 4 of this Ordinance. If the City determines, in consultation with any contractor retained by the City to 1 accomplish the purposes of the DYBID ( "Contractor") and with full consideration of any recommendations from a DYBID Advisory 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 for the benefit of the area; (b) Decoration of any public place in the area; (c) Promotion of public events that are to take place on or in public places in the area; (d) Furnishing of music in any public place in the area; (e) Providing professional management, planning and promotion for the area, including the management and promotion of retail trade activities in the area; (f) Providing maintenance and security for common, public areas; and (g) Any other purposes that may hereafter be permitted under Chapter 35.87A RCW, as amended, or its successor statute, if any; and provided further that the City in consultation with CDY may not substitute any such alternative use or project for those set forth on Exhibit "C" if, within 30 days of the City's mailing notice of such proposed substitution to all businesses within the DYBID subject to assessments, objections in writing are received from operators of businesses that would be required to pay more than fifty percent (50 %) of the proposed special assessments within such DYBID. All such uses and projects shall be supplemental to regular street maintenance provided by the City and shall not displace any services regularly provided by the City. Section 3, To assist the Council in overseeing the successful accomplishment of the DYBJD's purposes and to provide direct participation and communication opportunity to the business owners and operators subject to the assessments within the District, following formation of the DYBID the City Council shall establish a DYBID Advisory Board comprised of business owners and operators who shall be chosen by business owners and operators within the DYBID. The Board members shall be owners and operators of businesses that are 1) located within the DYBID and 2) are subject to the assessments described herein. The legislation authorizing and establishing the. DYBID Advisory Board shall be approved by the City Council within four (4) months of the establishment of the DYBID proposed herein. The Board shall be formed and shall operate in accord with the specifications set forth in the City ordinance establishing it. The primary purpose of the Advisory Board shall be to provide a regular path of communication with the City Council concerning the operation and activities of the DYBID, particularly with respect to the successful operation of the DYBID in meeting the stated purposes, as well as to present the Council with proposals affecting the operation of the DYBID within the parameters permitted by statute and the purposes set forth in Section 2 and Exhibit "C ". Section 4. Special assessments shall be levied against all businesses within the DYBID to provide funds necessary for the purposes identified in Section 2, and the special 2 assessments shall be levied upon the following classes of business and at the following rates; provided, however, that businesses established after the DYBID has become effective shall be exempted from the special assessments imposed pursuant to this Ordinance for a period of one year from the date they commence business within the DYBID: A. Property Assessment The Downtown Yakima Business Improvement District property assessment utilizes Assessed Property Value to determine the assessment. Each property owner within the Downtown'Yakima Business Improvement District shall pay an assessment determined by the Yakima County Assessor's assessed value for the property owner's particular property as a percentage of the aggregate of all similarly assessed property values for all properties located within the corresponding DYBID Zone. The property's calculated DYBID assessment be determined at the time the DYBID is established and shall remain at that value throughout the term of this DYBID, unless amended in the interim by application of the statutory modification process set forth in RCW 35.87A.140 or as hereafter amended. B. Business Assessment The Downtown Yakima Business Improvement District business assessment shall be assessed based upon the City - issued business license. Each business license holder within the District shall be assessed a Downtown Yakima Business Improvement District assessment of $100. C. Non Profit Assessment Non- Profit organizations shall be assessed a reduced property assessment of sixty percent (60 %) of the standard property assessment rate applied within the Zone the non- profit property is located in. There shall be no discount for the business license fee. D. Service Cost Allocations As Basis For Property Assessment There are differing service needs within the DYBID and therefore two (2) service zones with individually specific assessment rates are hereby established. The levels of appropriate service delivery within each zone are based upon an analysis of the current service delivery needs of the District and projected future needs over the term of the District. Each zone's assessment rate is calculated by determining the District -wide shared expenses applicable to both zones and the differing zone - specific maintenance expenses for each individual zone, allocating the final zone - specific expenses over the total assessed value within the applicable zone. The difference between Zone One and Zone Two assessments is the differing zone - specific maintenance costs. Zone One receives additional seasonal maintenance services to maintain the increased landscaping therein. All other costs and services are shared equally by both zones. E. Calculation of Property Assessments Based upon the property assessment methodology described above, property assessments for each Zone are established as follows: Assessment Per Zone One Zone Two Dollar of Assessed Value $0.000937 $0.000772 3 F. Other Single- family residences and any building containing three or fewer residential units only that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ( "DYBID ") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance. G. Schools All Schools that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ( "DYBID ") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance. H. Religious Institutions Religious institutions, including churches, that are located in the DYBID will not be included in or receive the property assessments in the Downtown Yakima Business Improvement District ( "DYBID ") that is established in accordance with the procedures of Chapter 35.87A RCW and is described in this Ordinance; provided, however, that religious institutions that are located in the DYBID are requested to make a suggested voluntary donation of Two Hundred Dollars ($200.00) per year to be contributed voluntarily to the fund consisting of the special assessments that are collected pursuant to this Ordinance. Section 5. The total estimated annual budgetary requirement from DYBID sources necessary to provide the services and uses described in Section 2 and Exhibit "C" is Two Hundred Twenty One Thousand Two Hundred Ninety Eight Dollars ($221,298.00). Section 6. The special assessments described herein shall be levied annually following the effective date of the ordinance establishing the District until the DYBID is disestablished by the City Council through the statutory process set forth in RCW 35.87A.180, or as hereafter amended. Section 7. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL this 6th day of December, 2011. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: 4 EXHIBIT "A" District Boundary The Downtown Yakima Business Improvement District (DYBID) includes the properties contained within the following boundary: Beginning at the intersection South 7th Avenue and Walnut Street, following Walnut Street to South 6 Street, north to East Chestnut Avenue, then easterly along Chestnut Avenue to North 9 Street, north along 9 Street to Yakima Avenue to the alignment of 11 Street, then north along 11 Street to "A" Street, then westerly along "A" Street to 9 Street. The boundary then includes all the properties north of "A" Street belonging to the City of Yakima and used as parking lots (County Assessor Parcels 191319- 12492, 191319- 12493, 191319 - 12505, 191319- 12505, and 191319-12446), and including the Convention Center (191319 - 12560), the hotel complex (19131912561) and one parcel northeast of the alignment of "A" Street at the intersection of North 6 Street. The boundary then continues north along North 6 Street, including all properties west of 6 Street to Martin Luther King Jr. Boulevard, then westerly to the first alley and northerly along the alley to East Lincoln Avenue and continuing along Lincoln Avenue to Pierce Avenue, then southerly along Pierce Avenue to Summitview Avenue, then westerly along Summitview Avenue to South 8 Avenue to West Yakima Avenue. With the exception of First Presbyterian Church property, the boundary includes 702 W Yakima Avenue (191324- 42462) and then follows South 7 Avenue back to beginning at Walnut Street. The DYBID is broken into two zones for assessment purposes. The boundaries of the zones are described as follows: Zone One Zone One represents all of the DYBID properties that have frontage on Yakima Avenue from the centerline of 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. 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 pp 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 CONTRACTOR'S goal will be to remo a fit grafwithin 24 hours of reported. After receiving a signed waiver from a private property owner, CONTRACTOR will remove any graffiti from private property for no charge. In the case of areas that receive graffiti damage regularly, CONTRACTOR will store extra paint to do the work on demand. CONTRACTOR shall use a combination of chemicals and pressure washing equipment that is sensitive to the various surfaces in downtown Yakima to accomplish the graffiti removal. Landscape and Special Projects The CONTRACTOR will manage and maintain the hanging baskets, planters and flower beds throughout downtown Yakima. The annual cost to maintain these and purchase necessary pots, plants and baskets annually will come from DYBID funds. On a regular basis, CONTRACTOR will deadhead, fertilize and properly maintain the baskets, planters and planting areas to ensure a positive feel and attractive look to downtown Yakima. The hanging baskets, flower beds and flower pots throughout the District will be planted with a variety of flowers during the summer months and seasonally appropriate plants in mid - September. All other planting areas throughout the District will be weeded, mulched and planted with a variety of flowers each summer. CONTRACTOR shall mow, fertilize and maintain the public lawn areas in the DYBID area during the summer and shall maintain the safety and appearance of ornamental lighting within the District. Safety Services The CONTRACTOR shall work actively to create a safe environment for visitors, customers and employees by adding a security presence of approximately 4,500 security hours per year 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 community to visitors and locals alike. • CONTRACTOR will operate and expand a District website. CONTRACTOR will work to expand individual listings for each District business to ensure that as many businesses as possible have an Internet presence. The services will only be available to the businesses within the District. • CONTRACTOR will send weekly District email updates to Internet subscribers to inform the community about events, developments and people in District. CONTRACTOR will actively work to expand this list. • CONTRACTOR will provide a detailed annual report to the City Council and the DYBID Advisory Board describing the services provided in the previous year, describing issues and challenges related to the provision of services and meeting performance standards, report on potential projects that could affect the District. Advocacy/Leaders hip /Adm inistration 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 I 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. I II CITY OFYAKIMA Park ing Enthroem ent Revenues and Exp end itiiyes Ten YearC om pai'sson -2004-2013 (Budget) 2013 Bud 2012 2011 2010 2009 2008 2007 2006 2005 2004 w /chgs Budget A ctual A ctial A ctial A ctial A ctual A ctual A ctual A ctia] G eneral Fund Revenue Citations /Penalises $ 90,000 $ 90,000 $ 84,111 $ 69,546 $ 68,268 $ 102,320 $ 69,785 $ 43,272 $ 59,199 $ 95,517 SpecialU se Penn its 150 150 1262 198 64 88 102 298 276 636 TotalG eneral Fund Revenue 90,150 90,150 85,373 69,744 68,332 102,408 69,887 43,570 59,475 96,153 G eneral Fund Exoendihires. V amble C osts Salaries& Benefits 1 77,043 104,375 99,513 79,053 79,286 74,057 43,879 58565 91,816 76,494 V ehicles Expen - - - O ther0 peraing Exp (i / Velosum fees) 15,555 5,796 3,785 2588 4,655 2,255 978 1,252 1,387 2595 Pacific Pow er (Lighting in Public lots) 10,979 10,817 8,173 11,096 18,692 16,044 16,268 16,205 16,808 15,427 TotalG eneralFund Expenditures 103,577 120,988 111,471 92,737 102,633 92,356 61,125 76,022 110,011 94,516 G eneral Fund N etRevenues_ 2 $ (13,427) $ (30,838) $ (26,098) $ (22,993) $ (34,301) $ 10,052 $ 8,762 $ (32,452) $ (50,536) $ 1,637 Parking Revenues -O therFunds Lots -H ourly Fees 3 $ - $ 21,000 $ 21,456 $ 20,396 $ 5,024 $ 2,479 $ 2,406 $ 2,209 $ 7,298 $ 19,179 Lots -C itatrons - 30,000 30,000 34,310 Lots -Learn - 340 340 340 3,090 Lots -Penn its 4 - 39,200 39,552 42,671 26,886 26,765 22,848 25,634 36,883 49,518 TotalRevenue -0 therFunds 90,540 91,348 97,717 31,910 32,334 25,254 27,843 44,181 68,697 Parking Expenditures -O therFunds EnfrErcain entC ontract 30,000 30,000 30,000 C ale supplies/ fees 5,000 6,022 4,649 Steeping -2nd StParking Lot - 1,150 - - - - C onteibutron forC lean & Safe Program 4 50,000 50,000 50,000 50,000 50,000 50,000 N etParking -O therFunds $ (50,000) $ 5,540 $ 5,326 $ 13,068 $ (18,090) $ (18,816) $ 25,254 $ 27,843 $ 44,181 $ 68,697 1 This includes an allocation of the parking supervisory personnel 2 F>nana stafEm =taxis the parking ticketaom putersystem and collects paym entofthe fines The costof this unction is notincluded in this analysis 3 This parking revenue used to go to Parks & Recreation to m a>ntain dow ntow n area ]andscap>ng (A nnualaost forthis sightly over $50,000 YD A has contributed to this program in the past,butnotto the fi]lexteztofthe cost ) 4 M onthly peen it revenue goes to C BD C apitallm proven entFund The $50,000 contract fiJrthe Clean and Safe dow ntiw n program ism ostly fended by this revenue 10/9/2012 PDFConvert 1716 1 Financial _Analysis_of_Parking_Lots xlsx CITY OF YAKIMA LEGAL • DEPARTMENT 200 South Thad Street, Yakima, Washington 96901 (509)575-6030 Fax (509)575 -6160 MEMORANDUM September 20, 2012 TO: Honorable Mayor and City Council Tony O'Rourke, City Manager FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: Proposed Street Closure — Pedestrian Mall — 4 Street Issue Presented: What procedures apply when a city desires to close a public street to motor vehicle traffic and designate such as a pedestrian plaza? Summary Answer: As a first class city, the City of Yakima has the power to control, create and alter its public streets. This includes the ability to close a street to motor vehicle traffic and dedicate such for a pedestrian "mall" or plaza. There are specific procedures in Chapter 35.71 RCW regarding creation and operation of "pedestrian malls." It_ is also recommended that the process and procedures under the State Environmental Policy Act (SEPA) be followed early in the process. Thus, the recommended process would include: (a) developing a preliminary/conceptual plan for designation of the street closure /pedestrian plaza; (b) adoption by City Council of a Resolution of Intention to form a pedestrian mall; (c) conduct SEPA review; (d) consider establishment of a "mall organization" consisting of affected property owners to advise and recommend regarding the plan; (e) prepare proposed plan; (f) adoption a resolution setting public hearing; and (g) adoption of an Ordinance by the City Council establishing the pedestrian mall. I. Discussion A. The Proposal. It has been proposed to create a "pedestrian mall" by closing South 4 Street to motor vehicle through- traffic between East Yakima Avenue and East Chestnut Avenue. Memorandum to Honorable .Mayor and Members of the City Council October 9, 2012 Page 2 Closure of the street at these locations would be accomplished by installation of bollards. The bollards would be placed to deny access to motor vehicles for street travel, but would either be spaced or "removable" to allow for incidental or restricted local access by motor vehicles serving businesses within the designated pedestrian plaza. The specifics regarding designation, creation and operation are conceptual at this point. B. State Law — Pedestrian Malls. Chapter 35.71 RCW governs the establishment of "pedestrian malls." The authority to establish a pedestrian mall is described at RCW 35.71.020 as follows: 35.21.020. Establishment declared public purpose -- Authority to establish -- General powers. The establishment of pedestrian malls is declared to be for a public purpose. Any corporate authority, by ordinance, may establish and regulate any street right-of- way as a mall, may prohibit, in whole or in part, vehicular traffic on a mall, and may provide for the acquisition of any interest in the right -of -way necessary to its establishment, and may provide for the determination of legal damages, if any, to abutting property. "Mall" is defined in RCW 35.71.010 as "an area of land, part of which may be surfaced, landscaped, and used entirely for pedestrian movements, except with respect to governmental functions, utilities, and loading and unloading of goods." C. The Statutory Process. Chapter 35.71 RCW sets forth the following elements governing the formation of a pedestrian mall: • City Council adopts Resolution of Intention (RCW 35.71.030). This Resolution would contain an expression of intent to form a pedestrian mall; a finding that vehicular traffic would not be unduly inconvenienced thereby; adequate alternative routes for vehicular traffic are available; continued access by utilities and governmental units is retained; and loading or unloading of goods and materials are established or are available. The Resolution may also designate an advisory "mall organization" to provide input and assistance regarding formation of a plan. Memorandum to Honorable Mayor and Members of the City Council October 9, 2012 Page 3 • Formulation of Plan. RCW 35.71.040 provides: Before a mall is established, a plan shall be formulated consistent with the city's comprehensive plan, including at least the area of the right -of -way between two intersecting streets and showing alternate routes outside the mall area upon which any vehicles excluded from using the mall may be accommodated; it may include a provision for on and off- street parking. After the plans have been prepared, the corporate authority shall hold a public hearing thereon, giving notice of time and place at least two weeks in advance of the hearing in a newspaper of general circulation in the city and as required by chapter 42.32 RCW [minutes for public meetings]. • Schedule and hold public hearing. As set forth in RCW 3511.040 quoted above, once the plan is formulated, the City Council will schedule and hold a public hearing, upon at least two weeks' prior notice. • Adopt Ordinance establishing pedestrian mall. The Ordinance establishing the pedestrian mall (per RCW 35.71.020) may establish an advisory "mall organization," and may establish a "special assessment" mechanism for payment of mall expenses» The city may administer and fund the pedestrian mall directly, or may contract with a mall organization for administration, maintenance, etc. RCW 35.71.120. Because the proposed creation of a pedestrian mall would significantly alter traffic patterns and vehicular ingress and egress to and from properties fronting on the mall, significant environmental impacts may be present. Consequently, the process and procedures under SEPA should be invoked. The SEPA process is expected to take at least forty -five (45) days and should be initiated at the time the City Council adopts the Resolution of Intention. RCW 35.71.100 Special assessment. After the establishment of the mall, the corporate authority may levy a special assessment on the real property within the area specially benefited by the improvement. Such special levy, if any, shall be for operation and maintenance of the mall and appurtenances thereto, which may not exceed one percent of the aggregate actual valuation of the real property (including twenty -five percent of the actual valuation of the improvements thereon) according to the valuation last placed upon it for purposes of general taxation: PROVIDED, That if a mall organization board of directors exists as authorized by RCW 35.71.090, the corporate authority may entertain a recommendation from this organization with respect to such a levy by the corporate authority. Memorandum to Honorable Mayor and Members of the City Council October 9, 2012 Page 4 D. Recommended Timeline. Here is a suggested timeline for your consideration: • Development of Conceptual Plan (Has already commenced and will continue). This step contemplates meetings and discussions with business and property owners within the proposed 4 Street corridor and business and property owners in the areas near the corridor; consultation with Chamber of Commerce and other agencies with interest; development of plans, policies and procedures regarding limited vehicular access within the pedestrian mall to facilitate loading and unloading of goods, governmental access and utility maintenance; maintaining security measures for courthouse; development of parking plan; consideration of alternate routes for vehicular traffic; itemization of utilities and utility easements within the proposed pedestrian mall, and working with utility providers and easement owners to coordinate access and maintenance responsibilities; design of electrical and water systems to facilitate audio broadcasting infrastructure, power infrastructure, potable water and irrigation supply; landscaping; redesign of streetscape to promote pedestrian use; need for street surface modifications and improvements, stormwater system, vendors' display areas, performance centers or facilities. There will also need to be discussions and development of policies and procedures to facilitate access to programs hosted by the Capitol Theater in the "Black Box" performance center and delivery/set -up of production materials for performances within the theater, together with coordination of event scheduling for events at the theater and events in the pedestrian mall. Part of the conceptual plan process will also include development of city policies governing use of the mall, permitting procedures, operational plans, and capital improvement plans and budgeting. It is also expected that many of the items described above can be addressed prior to presentation of the proposed action plan to the City Council on October 16, 2012. • Present Proposed Action Plan to City Council (October 16, 2012). The current goal is to present a description of the conceptual plan to the City Council on October 16, 2012. A proposed timeline can also be presented. Either by motion or consensus of the City Council, staff can be directed to prepare the necessary legislation (Resolution of Initiation) to be presented for action at the regular Council Meeting on November 6, 2012. Memorandum to Honorable Mayor and Members of the City Council October 9, 2012 Page 5 • Adoption of Resolution of Intention to Form Pedestrian Mall (November 6, 2012). The proposed November 6 action date presupposes sufficient development of a conceptual plan. In this Resolution, the City Council may also direct that an informational public hearing be set for. December 4, 2012 to garner public comment regarding the proposed action. As a further option, if the City Council elects to create a mall organization, such can be included in the Resolution of Initiation. If formed, the mall organization would provide an advisory body to assist in the development of the Pedestrian Mall Plan described below. • Initiate SEPA Review (duration 45 days). The SEPA process may be initiated immediately following the adoption of the Resolution of Initiation. The SEPA process in this case is estimated to take 45 days (with completion on or about December 21, 2012). • Formulation of Pedestrian Mall Plan. Assuming completion of the SEPA process on or about December 21, 2012, sufficient time would be necessary to formulate the final Pedestrian Mall Plan. The SEPA process is expected to generate comments from agencies and citizens concerning the proposed pedestrian mall, which will be useful in allowing the lead agency to identify possible mitigations of significant environmental impacts. The comments will also be useful in identifying any additional areas to be addressed in formulation of the Pedestrian Mall Plan. - If the issues identified in the conceptual plan are completed or near completion, notice of public hearing can be published 2 RCW 35.71.090 also allows appointment of a "mall organization." This advisory group is defined as. "Mall organization" means a group of property owners, lessors, or lessees in an area that has been organized to consider the establishment, maintenance, and operation of a mall in a given area and persons owning or having any legal or equitable interest in the real property affected by the establishment of the mall. RCW 35.71.090 provides: The corporate authority may cause an organization of persons to be known as a "Mall organization" interested in creating a mall in a given area to be formed to provide for consultative assistance to the city with respect to the establishment and administration of a mall. This organization may elect a board of directors of not less than three nor more than twelve, members. The board shall elect a president, a vice president, and a secretary from its membership. Memorandum to Honorable Mayor and Members of the City Council October 9, 2012 Page 6 for public hearing and adoption. I would recommend this public hearing /action date be considered for January 15, 2013. • Public Hearing — Adoption of Pedestrian Mall Plan (January 15, 2013). The establishment of the Pedestrian Mall will be by ordinance. RCW 35.71.020. Under the City Charter, ordinances become effective thirty (30) days after adoption unless adopted pursuant to an "emergency." It is also anticipated that other enabling ordinances may be ready for adoption as well — such as amended code sections dealing with special events and permitting of such events in the new mall. 3 Given necessary preparation time and NOVUS scheduling requirements, placing this item on the agenda for January 2, 2013 is problematic. The SEPA process would be scheduled to conclude on Friday, December 21, 2012. The next week is Christmas, with last date to submit agenda materials being Wednesday, December 26, 2012. January 1, 2013 falls on the normal first meeting date in January. It is presumed that the City Council meeting will be moved to January 2. With the intervening holidays, there is a logistical challenge to preparing the necessary final Pedestrian Mall Plan and adopting ordinance in time for the January 2 agenda,