HomeMy WebLinkAbout08-14-2017 Agenda{ r) ()F
A'UBIU
I. CALL TO ORDER
II. APPROVAL OF MINUTES
July 10, 2017 Meeting
IV. ACTION ITEM
BIA Ratepayer Board Meeting
August 14, 2017 — 1:00 PM
Auburn City Hall Council Chambers
AGENDA
Discussion of Draft of New Ordinance — Assistant City Attorney Jessica
Leiser
V. OLD BUSINESS
A. Business License List — Exemptions and Fees — Manager Lein
B. Report on Food Truck Ordinance and Meeting with Restaurant
Owners — Manager Lein
VI. NEW BUSINESS
Report on Auburn Downtown Association Meeting
�lI17►1LT5Ia01
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, CREATING A
NEW CHAPTER OF THE AUBURN CITY CODE
RELATED TO THE AUBURN BUSINESS
IMPROVEMENT AREA.
WHEREAS, the Auburn City Council adopted Ordinance No. 4293 in 1988,
after publishing notice of the Council's intent in Resolution 1866 and holding a
public hearing on July 5, 1988; and
WHEREAS, Ordinance No. 4293 established a Business Improvement
Area (BIA), and levied special assessments on certain businesses within the
geographic boundary of the BIA; and
WHEREAS, Ordinance No. 4293 established a Committee of Rate Payers,
made up of representatives of businesses within the geographic boundary of the
BIA, for the purpose of developing recommendations to the City Council for the
use of funds generated by the special assessment; and
WHEREAS, the City Council modified Ordinance No. 4293 in 2007, upon
the recommendation of the Committee of Rate Payers, through Ordinance No.
6097, to make the rate of special assessment uniform amongst all assessed
businesses; and
WHEREAS, the Committee of Rate Payers has reviewed the status of the
BIA and recommended certain modifications to better facilitate economic
development within downtown Auburn, including the modification of existing
exemptions to the special assessments levied within the geographic boundary of
the BIA; and
Ordinance No. xxxx
June 27, 2017
Page 1 of 9
WHEREAS, the City adopted Resolution No. XXXX, stating its intention to
modify the BIA special assessment rate on DATE'; and
WHEREAS, the City has held a duly noticed public hearing, pursuant to
RCW 35.87A.140, and considered the testimony provided therein; and
WHEREAS, the provisions for other boards and commissions of the City of
Auburn have been established within the Auburn City Code; and
WHEREAS, establishing provisions within the Auburn City Code for the BIA,
including the structure and responsibilities of the Committee of Rate Payers and
the rate and application of special assessments, will ensure that all applicable law
can be found within a single place, a Chapter of the City Code, instead of spread
across multiple Ordinances in multiple decades; and
WHEREAS, the City finds that updating the provisions of the BIA, including
modification of the exemptions to the special assessment rate, and establishing
said updates within the Auburn City Code will promote the public health, safety,
and welfare of the residents of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter to City Code. That a new Chapter 2.98 of
2.98.010 Business Improvement Area Created.
A. There is created, pursuant to RCW 35.87A, a Parking and Business
Improvement Area (BIA) is hereby created with a boundary as follows.-
Ordinance
ollows:
Ordinance No. xxxx
June 27, 2017
Page 2 of 9
Beginning at the intersection of Auburn Way North and 5th Street
NE; thence eastward along the alley lying between and paralleling
6th Street NE and Park AV, fora distance of 200 ft from the centerline
of Auburn Way North; thence south, paralleling Auburn Way North
and at a distance of 200 ft from the centerline of Auburn Way North,
to 1st Street NE, thence eastward along 1st Street NE to "E" Street
NE; thence southward along "E" Street NE to East Main Street;
thence eastward along Main Street to "F" Street SE; thence south-
ward along "F" Street SE to 2nd Street SE; thence westward along
2nd Street SE to the mid -block point between "D" Street SE and
Auburn Way South; thence southward to the Burlington Northern
Railroad tracks; thence westward along the Burlington Northern
Railroad tracks to "A" Street SE; thence northward along "A" Street
SE to 3rd Street SE; thence westward along 3rd Street SE and SW
to the Burlington Northern Railroad tracks; thence northward along
the Burlington Northern Rail road tracks to 1st Street SW projected;
thence westward along 1st Street SW to "D" Street SW; thence
northward along "0" Street SW and NW for a distance of 200 ft from
the centerline of West Main Street; thence eastward, paralleling Main
Street and at a distance of 200 ft from the centerline of West Main
Street, to the Burlington Northern Railroad tracks; thence northward
along the Burlington Northern Railroad tracks to 3rd Street NW;
thence eastward along 3rd Street NW and NE to "B" Street NE;
thence northward along "B" Street NE for a distance of 200 ft from
the centerline of 3rd Street NE; thence eastward, paralleling 3rd
Street NE and at a distance of 200 feet from the centerline of 3rd
Street NE, to the alley running in a north/south direction and lying
east of "B" Street NE and west of Auburn AV; thence northward along
the alley to 5th Street NE; thence eastward along 5th Street NE to
Auburn Way North, which is the beginning point (when a street or
alley is named, the area boundary is the centerline of the right-of-
way).
B. Businesses within the Auburn Central Business District Parking and
Business Improvement Area shall be subject to special assessments
authorized by RCW 35.87A.010.
A. To finance the activities authorized in ACC 2.98.030, there is levied and shall
be collected an annual special assessment upon the businesses in the area,
determined as follows:
------------------------------
Ordinance No. xxxx
June 27, 2017
Page 3 of 9
1. All businesses operating within the BIA boundary shall pay a special
assessment equal to the usable square footage, excluding any
basement space, owned or occupied by said business multiplied by a
factor of $0.15.
2. No business shall be assessed less than $150.00 nor more than
$1,500.00 per year.
B. No special assessments shall be levied upon or collected from:
1. Organizations to which a charitable contribution maybe made under the
United States Internal Revenue Code, 26 U.S.C.§ 170, with five (5) or
fewer full-time employees.
2. Governmental agencies and offices.
3. Businesses that occupy or use any leasable area within the geographic
boundary of the BIA for a period of less than twenty days (20) per year.
4. Businesses that are owned by, or are a subsidiary, or affiliate of another
business entity that is subject to the special assessment, and are located
wholly within the assessed business.
5. Businesses authorized by Auburn City Code Chapter 18.60.
6. Businesses operating within a business incubator or business
accelerator.
7. Businesses not required to obtain a business license under Title 5 of the
Auburn City Code.
C. New businesses commencing within the BIA area shall pay an initial annual
assessment that is pro -rated based on the time remaining in the year.
A. The purpose of the BIA is to aid in general economic development and
neighborhood revitalization within the BIA boundary, and to facilitate the
cooperation of merchants, businesses, and residential property owners for the
benefit of trade, economic vitality, and liveability.
Ordinance No. xxxx
June 27, 2017
Page 4 of 9
B. Assessment expenditures are limited to the following purposes:
1. The acquisition, construction or maintenance of parking facilities for the
benefit of the neighborhood within the BIA boundary;
2. Decoration of any place within the BIA boundary;
3. Sponsorship or promotion of public events which are to take place on,
or in, public places within the BIA boundary;
4. Furnishing of music in any public place within the BIA boundary;
5. Providing professional management, planning, and promotion for the
neighborhood within the BIA boundary;
6. Providing maintenance and security for common, public spaces within
the BIA boundary; or
7. Providing transportation services for the benefit of the neighborhood
within the BIA boundary.
There is created an advisory committee to be known as the Committee of Rate
Payers (the Committee). The purpose of the Committee is to serve in an advisory
capacity to the City Council.
-21..1.9-81.1,050 .: b p:
A. There shall be not more than seven (7) members of the Committee who shall
be appointed by the mayor and confirmed by the city council, and who shall
serve at the pleasure of the city council; provided that the mayor may appoint
up to four (4) additional members to serve as alternates in the event of a
Committee member's absence.
B. The members shall be owners or operators of businesses located within the
BIA boundary and shall be selected to represent the variety of business types
and geographic locations included within the BIA boundary.
A. The members of the Committee shall, initially, be appointed as follows:
-------------------------------
Ordinance No. xxxx
June 27, 2017
Page 5 of 9
B. After the initial term, Committee members shall be appointed to a three (3)
year term.
C. Upon the resignation of a Committee member, removal by the City Council, or
expiration of a Committee members term, the Committee shall make
recommendations to the City Council and the City Council shall make an
appointment to fill the vacancy.
D. The Committee, upon four (4) unexcused absences, may recommend the
removal of any Committee member to the City Council.
A. At the first regular meeting of each year, the Committee members shall elect
a chairperson and vice -chairperson from among the members of the
Committee.
B. It shall be the duty of the chairperson to preside over all meetings of the
Committee. The vice -chairperson shall preside at all meetings where the
chairperson is absent.
C. Minutes shall be kept and meeting agendas prepared in coordination between
members of the Committee and staff members. A majority of the members of
the Committee shall constitute a quorum for the transaction of business, and
a majority vote of those present shall be necessary to make
recommendations to the city council.
D. All Committee meetings shall be staffed by City of Auburn personnel to
support and assist the Committee.
E. All Committee meetings shall be conducted in accordance with the
Committee's adopted rules for the transaction of business, and Robert's
Rules of Order or any other meeting procedures or guidelines authorized by
the City of Auburn shall be used for any subject not addressed within the
Committee's adopted rules of procedure.
Ordinance No. xxxx
June 27, 2017
Page 6 of 9
The members of the Committee shall serve without compensation except for
reasonable travel expenses associated with the performance of the Committee
member's duties.
2.98.090ole and...esponsiiities of theCoitee.
.................
........... .......... ............. .....
A. The Committee shall, by resolution, fix the time and place within the City for
regular meetings, and hold additional meetings as the chairperson or a
majority of the Committee deems necessary.
B. The Committee shall adopt rules for the transaction of business and keep a
record of its resolutions, transactions, findings, and determinations. These
records shall be public and open to inspection.
C. The Committee shall consider proposals for economic development and
neighborhood revitalization projects and programs consistent with the
purposes listed in 2.98.030, provide for public input and submit comments in
a timely manner to the Mayor and City Council, including an analysis of the
extent to which the Committee's recommendations will improve economic
development or downtown revitalization.
The Committee chairperson and/or vice -chairperson shall annually provide to the
city council a report on progress made in carrying out the Committee's
responsibilities. Additional reports may be submitted when deemed appropriate
by the Committee or when requested by the city council.
If any portion of this chapter, or its application to any persons or circumstances,
is held invalid, the validity of the chapter as a whole, or any other portion thereof,
and its application to other persons or circumstances, shall not be affected.
Section 2. Superseding of Original Ordinance. Ordinance No. 4293
and Ordinance No. 6097 are hereby superseded by this Ordinance.
Ordinance No. xxxx
June 27, 2017
Page 7 of 9
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 4. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 5. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Ordinance No. xxxx
June 27, 2017
Page 8 of 9
Daniel B. Heid, City Attorney
Published:
Ordinance No. xxxx
June 27, 2017
Page 9 of 9
8/9/2017
BIA Board
Attention: Megan White, Board Chair
on behalf of the Board of Directors ofthe Auburn Area Chamber ofCommerce, weinvite and
encourage collaboration andpartnerships inthe interest ofeconomicvitality and busines
assistance here inthe Puget Sound, which i,why *ewould like tooffer the 8}xaliaison seat
(non*obngmember)onthe Board ofDirectors for the 2m7 -2o 8Msm|yea,(Ju|y1toJunc3o),
Please let: usknow ifthis is(if interest u»you, Our Board meets monthly onthe 4*Tuesday ofthe
month at the Chamber office from 11:45 a.m. to 1:oo p.m.
We look forward to the opportunity to work with you.
Scott Shoemnker
omirmmo.1 thc Board
Auburn AreoChamber of Commerce
Auburn Area Chamber ofCommerce 4zoE.Main Street NVVAuburn, WA. 9800z(253)D33-o7oo
"Connecting Businesses for Success for 9oyears"