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Home My WebLink About08/06/2008 Adjourned Meeting / Public Hearing 265 YAKIMA CITY COUNCIL ADJOURNED MEETING — PUBLIC HEARING PARKING AND BUSINESS IMPROVEMENT AREAS AUGUST 6, 2008 — 7:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil McClure Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore Mayor Edler announced that a Spanish interpreter is available. 2. A. Public Hearing and Consideration of an Ordinance disestablishing Parking and Business Improvement Area (PBIA) No. 1 in the downtown area and terminating special assessments collected for certain uses and projects within the PBIA Sean Hawkins, Committee for Downtown Yakima, explained that the original PBIA was based on employee headcount. Many felt it was an unfair distribution. The Committee started a process a year ago bringing potential ratepayers together to determine their needs. A clean and safe downtown was their highest priority. The Committee began creating a budget and worked on communicating with the potential ratepayers about the management plan and cost distribution. Today they have 60.5% in support of the proposal. The assessment is for maintaining the renovation of downtown. In the new proposal, the Zone 1 area is a property -based assessment. Zone 2 is all the area off of Yakima Avenue (west side) and would be a $100 fee per business license. The term will change to three years. At the end of three years, if it is to continue, they will go through the same petition process for reauthorization. The idea is, if in three years they can't prove that they can do the work effectively, it will go away. The Committee for Downtown Yakima is made up of property owners and business owners, a group that is an advocate for downtown. With regard to accountability, they have a 15- person board and expect to add more. This proposal will bring in $215,000 for maintenance and safety needs in downtown. This funding will supplement what the City already does. The Committee will do marketing from money they raise for that purpose. The new organization will stretch beyond the downtown core, which was the previous focus. Areas outside of the downtown core will have a lower assessment. Benefits they will receive would be in the area of appearance improvements, e.g. weed abatement and graffiti removal. There are also marketing services for vacant property. Part of the fees will go toward investing in the new technology such as a litter vacuum to cover a larger area quickly. 266 PUBLIC HEARING - PBIA AUGUST 6, 2008 • Mayor Edler opened the public hearing John Cooper, President and CEO of the Yakima Valley Visitors and Convention Center, said he has been active on the committee since the beginning, serves on the board, and is a financial contributor. The reason they are so supportive is they have seen how important their work has been in improving the safety and beautification of downtown that is attracting visitors and tourists. They support disbanding the old and implementing the new assessment plan. • Roberta Bern was the spokesperson for a number of senior citizens from Suntower. They fear that their monthly rate will be increased if this assessment is imposed on Suntower. It is a non - profit, HUD property and the residents are one of the lower income groups of Yakima. Residents would like Suntower to be exempt from the assessment as they take care of their own area and most of them don't ever get out to appreciate the beautification. Richard Parker is the owner of a business and property in Yakima. He questioned the wisdom of City planners when they received the $12+ million that has already been spent on improvements but didn't make plans to maintain them. He claimed that, because he is outside of the downtown core, many of the maintenance activities will not benefit him and that the overall size of the improvement area is too large to maintain. He then spoke about the graffiti problem. He questioned the validity of the signatures on the petition used to show 60% approval and he doesn't believe CDY will be able to produce the desired results. Mike Morrisette of the Chamber of Commerce said that after they reviewed the program, work plan, and shared vision, they support the proposal to establish PBIA #2. He doesn't see the assessment as a donation, but sees it as an investment. George Pechtal, President of the North Front Street Improvement Association, said they voted as a group to endorse the proposal. John Ball, representing the Yakima Valley Museum said they own property downtown and will be paying an assessment but the museum, as a whole, decided to voluntarily pay a long time ago. They strongly believe they have an obligation to the community because they ask much of the community in terms of contributions. Although they are often thought to be City -owned or City- financed, they are not. Their funding is 100% from private contributions. His comment for the non - profit sector is, it is important to take a leadership position and participate along with everyone else as we all have a stake in this community. Homer Gress said he would like to see non - profits exempted from the assessment. Diane Payne, along with two other presidents from the Unitarian Universalist Church, spoke against assessing non - profit organizations. They don't feel the benefits listed would be of value to them or accomplish anything not already covered by the congregation. They fear the cost may cause reductions in their programs. The current President, Susan, disputed whether they had had an opportunity to participate in the planning process. Churches are specifically exempt from property taxes, and she questioned how would a property assessment be different? 2 26 I; PUBLIC HEARING - PBIA AUGUST 6, 2008 Jamie Carmody, local attorney, spoke at length against assessing non - profits and churches. He pointed out that every dollar taken from a non - profit is a dollar away from the service they supply. He summarized by saying the proposal itself is appropriate to adopt but it is inappropriate for non - profits to be included. Don Hinman also spoke in support of the proposal but against assessing the non - profit organizations because of the impact it would have on their services. Reverend Harrison of St. Michaels Episcopal Church also requested exemption for non- profits and churches and suggested they be allowed to make donations. Lyden Woodmansee, representing the board of directors of Suntower, went on record as being opposed to assessing non - profit organizations and churches as did Anita Monoian, CEO Yakima Neighborhood. Health Services. Council Member Lover read a letter from the Commander of the VFW opposing the assessment for non profits. • Mayor Edler closed the public hearing The City Clerk read the first ordinance by title only; CAWLEY MOVED AND ENSEY SECONDED TO APPROVE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2008 -40, AN ORDINANCE of the City of Yakima, Washington, relating to parking and business improvement areas; disestablishing Parking and Business Improvement Area No. 1 in downtown Yakima; and terminating special assessments heretofore collected for certain uses and projects within said parking and business improvement area as provided therein. B. Public Hearing and Consideration of an Ordinance establishing a Downtown Yakima Business Improvement District (DYBID) in the downtown area and establishing special assessments for certain uses and projects within the DYBID The City Clerk read the second ordinance by title; McCLURE MOVED AND ENSEY SECONDED TO APPROVE. McCLURE MOVED AND CAWLEY SECONDED TO AMEND THE MOTION TO CHANGE SECTION 3 BY ADDING G. Following discussion, the amendment carried by a 6 -1 roll call vote; Coffey voting nay. McCLURE MOVED AND CAWLEY SECONDED TO AMEND SECTION 3 BY ADDING H AND DELETING THE LAST SENTENCE IN SECTION 3C. Following discussion, the second amendment carried by a 6 -1 roll call vote; Coffey voting nay. Following discussion on the amended motion, the question was called for a vote. The motion carried by a unanimous roll call vote. ORDINANCE NO. 2008 -41, AN ORDINANCE of the City of Yakima, Washington, relating to a Downtown Business Improvement Area; establishing a Downtown Yakima Business Improvement District in the downtown area of the City of Yakima pursuant to Chapter 35.87A RCW; establishing special assessments for certain uses and projects within such Downtown Yakima Business Improvement District, as provided herein; and establishing the time for City Council action to adopt a resolution of intention to disestablish said Downtown Yakima Business Improvement District. 3 2 6 8 PUBLIC HEARING - PBIA AUGUST 6, 2008 3. Adjournment CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN TO AUGUST 19, 2008 AT 11 :30 A.M. AT THE YAKIMA CONVENTION CENTER, ROOM 1, FOR AN EXECUTIVE SESSION REGARDING THE CITY MANAGER'S ANNUAL REVIEW. The motion carried by unanimous voice vote. The meeting adjourned at 8:32 p.m. READ AND CERTIFIED ACCURATE BY... u ( IliL I COUN IL ME� 1 E DATE -�/ fit -l6 UNCIL MEMBER DATE ATTEST: • 4P r� CITY CLERK DAVID EDL' MAYOR Minutes prepared by Deputy Clerk Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 1 4