|
|
STRATEGIC OUTCOMES |
ACTION |
|
Department: |
☐ Safe & Prosperous |
☐ Motion |
|
Planning & Neighborhood Svc |
☒ Active & Appealing |
☒ Resolution |
|
|
☒ Respected & Responsible |
☐ Ordinance - Introduction |
|
Division: |
☐ Connected & Engaged |
☐ Ordinance - Adoption |
|
Community Planning |
☐ Unique & Creative |
☐ Public Hearing |
TITLE: t
Intent to Create Municipal Improvement District (MID) No. 127: Riverview Terrace Subdivision
end
SUMMARY RECOMMENDATION: Summary Recommendation
Approve the creation of Municipal Improvement District (MID) No. 127 to serve Riverview Terrace Subdivision located at the northeast corner of Avenue A and 3rd Street. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville).
end
STRATEGIC OUTCOME:
This MID assists in furthering the City Council’s strategic outcomes as it relates to Respected and Responsible and Active and Appealing. The establishment of a MID is a fiscally responsible measure intended to provide long-term maintenance for subdivision landscaping resulting in an appealing environment for neighborhood residents.
REPORT:
Under provisions of the City Code, all developers are responsible to completely landscape their development projects according to the approved plans prior to issuance of the Final Acceptance of the Subdivision. In particular, subdivisions are required to provide landscaping along certain arterial and collector streets, in retention basins, and in other locations according to the zoning requirements, approval stipulations, engineering requests or subdivision requirements. In addition, developers may provide paths, trails, and other amenities in the common open space areas adjacent to arterial and collector streets. Neighborhood landscape amenities add value to properties, enhance walkability, and improve community aesthetics.
In the past, once the landscaping was installed by the developer and accepted by the City, the developer would provide a cash deposit to the City for several years of landscaping maintenance and the responsibility of ongoing maintenance for the landscaping in the community was shifted to the City of Yuma Public Works Department. Ideally, the tax base for that newly developed neighborhood would offset the costs of ongoing maintenance to serve that neighborhood. Public Works must utilize portions of its budget to pay for the maintenance needs of these new developments. Further, many of the residents in these developments would like extra services or specialized services that Public Works is unable to provide, leaving the residents feeling as if they have little control over the maintenance and beautification of their neighborhood.
As an alternative to this existing situation, a statutory Municipal Improvement District (MID) can be created. The state legislature permits the creation of MIDs for cities and towns to provide a dedicated funding stream for improvements and neighborhood decisions on improvements. In the City of Yuma context, MIDs are utilized for landscape maintenance and provide local control over landscape maintenance. Residents within the MID pay a special assessment on their property tax bill and gain a direct decision-making role in the level of maintenance within their community. The City will outsource maintenance to a local landscape maintenance contracting company and the amount of the assessment will directly reflect the cost of maintenance. Resident input on the level of maintenance and proposed improvements will be reviewed and approved on an annual basis.
The body of law for MIDs in cities and towns is found at A.R.S. § 48-501 et seq. MIDs are widely- used in other Arizona cities and towns in lieu of homeowners’ associations or as back-ups to existing homeowners’ associations so those residents can enjoy the same or similar landscape amenities without the need to be part of a homeowners’ association.
Pursuant to the provisions of A.R.S. § 48-574, the Mayor and City Council are empowered to form a MID for the following purposes: operations, maintenance, repair and improvements of pedestrian malls, off-street parking facilities, retention basins, parkings, and parkways. Per statute, the Mayor and City Council can initiate the formation of a MID or property owners can petition to form a MID. In this case, a MID was contemplated through a development condition and the developer has submitted an executed Petition, Waiver, and Consent form requesting the formation of the MID. The ability to form MIDs through development conditions instead of entering into formal agreements is especially important to smaller developers or developers improving property within redevelopment areas.
Attached to this Request for City Council Action is the petition to form a MID for the Riverview Terrace Subdivision development. In this situation, in which all the property owners have presented a Petition for Formation, the ordinary publication and posting periods are not required by law. Also attached is the formal Resolution of Intention for Creation of City of Yuma Municipal Improvement District No. 127: Riverview Terrace Subdivision, which is located at the northeast corner of Avenue A and 3rd Street.
Following the passage of a Resolution of Intention to Create a MID, certain impacted property owners, in accordance with A.R.S. § 48-579, are given fifteen days to express written protest against the proposed MID. If no protests are submitted, the Mayor and City Council are authorized to adopt a second resolution, the Resolution Ordering the Improvements, which finalizes the formation of the MID process. It is anticipated that the Resolution Ordering the Improvements will be heard at the next regular City Council meeting after the creation of this MID and the passage of the fifteen day period.
Adopting this Resolution authorizes the creation of Municipal Improvement District No. 127 to serve Riverview Terrace Subdivision.
FISCAL REQUIREMENTS:
|
CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
|
STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
|
FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
|
OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
|
- |
|
|
To total; right click number & choose “Update Field” |
|
FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☒ City Clerk’s Office
☒ Document to be recorded
☐ Document to be codified
|
Acting City Administrator: |
Date: |
|
John D. Simonton |
04/08/2024 |
|
Reviewed by City Attorney: |
Date: |
|
Richard W. Files |
04/05/2024 |