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Home My WebLink AboutR-1998-044 License Agreement / JEM Development / Community & Economic Development / Alley Closure• • RESOLUTION NO. R-98 44 A RESOLUTION authorizing the City Manager and the City Clerk to execute a Special License Agreement with JEM Development Company and to take such other steps as may be necessary and prudent to satisfy JEM Development Company's request for a special permit to close the alley between A Street and B Street with a gate or chain during working hours. WHEREAS, the City has received a request dated March 10, 1998, from Joseph Morrier of JEM Development Company for a "special permit to close the alley between 'A' Street and 'B' Street with a gate or chain during working hours." And WHEREAS, a Special License Agreement may be established to provide JEM Development Company with a special permit to close the alley between 'A' Street and `B' Street with a gate or chain;during working hours WHEREAS, it is in the best interest of the City of Yakima that this matter be expedited by authorizing the City Manager and the City Clerk to execute Special License Agreement, subject to review as to form by the City Attorney, with JEM Development Company to close the alley between A Street and B Street with a gate or chain during working hours: now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are authorized to execute Special License Agreement with JEM Development Company to close the alley between A Street and B Street with a gate or chain during working hours, and to take such other steps as may be necessary and prudent in this matter. Final execution of all transaction documents is subject to review and approval as to form by the City Attorney. ADOPTED BY THE YAKIMA CITY COUNCIL this / day of April, 1998. JOHN PUCCINELLI, Mayor ATTEST: X60 -6-e- 72? ,,„ City Clerk lap: C:\word docs\land use \morrier alley restriction\auth-CM-&-CC-exec-special license-res.doc DE ELOPMENT COMPANY March 10, 1998 Mr Glenn Rice Assistant Manager Dept. of Community & Economic Development 129 North Second Street Yakima, WA 98901 Dear Glenn: L FwD w_r.cMAR 1 0 1998 FFICE OF CITY Y MANAGER I am asking that the City of Yakima issue me a special permit to close the alley between "A" Street and "Br Street with a gate or chain during working hours. I have talked to all the property owners, and they agree with me 100% that this should be done for the safety and protection of their patrons, as well as my own, from the vehicles which race through the alleyway. I am asking for a set-up like that of St. Joseph's Church and School for this closure during certain hours, by special permit or instrument issued under special circumstances. Please advise me of any assistance I might give you. Best regaras, �0 Joseph R. Morrier, Sr. President/CEO JRM/kjs 402 E. Yakima Avenue • Suite 1400 • Yakima • Washington • 98901 Phone (509) 248-4040 • Fax (509) 457-8361 Yakima Mali Yakima Valley Industrial Park • The Tower • Morrier Ranch Inc. • Morrier Building Inc. J evel. Co Yity Closure. Proposal Digital Color Orthophotography flown 08/30/95 Subject Alley 0 50 100 Created: April 02, 1998 MEMORANDUM TO: Glenn K. Rice, Assistant City Manager FROM: Don S. Skone, Planning Managerf�` "" DATE: March 18, 1998 SUBJECT: Morrier Request for Alley Closure Mr. Morrier has requested that the alley between "A" Street and Lincoln west of Naches Blvd. be closed during weekday working hours. I am not aware of a City process, permit, or other mechanism to satisfy his request. As you may recall, this alley was included in Mr. Morrier's previous request for vacation of "A" Street. This vacation was never exercised and I have not recently checked it's current viability. I might point out, that the City Council utilized a "Special Permit" for 10th Ave. for Providence Medical Center. Possibly the City Attorney could explore this approach for Mr. Morrier's request. March 17, 1998 MEMORANDUM TO: GLENN RICE, ASSISTANT CITY MANAGER FROM:(. -Leonard W. Hall, Code Administration Manager RE: Request for Alley Closure The request from Joseph Morrier to close the alley between "A" Street and "B" Street during business hours is not a code related issue. This office does not have the expertise to provide advise related to traffic and pedestrian activities on public rights - of -way. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. R For Meeting Of: April 7, 1998 ITEM TITLE: Resolution authorizing the City Manager and the City Clerk to execute a Special License Agreement with JEM Development Company for a special permit to close the alley between A Street and B Street with a gate or chain during working hours. SUBMITTED BY: Ray Paolella, City Attorney Larry Peterson, Assistant City Attorney CONTACT PERSON/TELEPHONE: Ray Paolella, 575-6030 SUMMARY EXPLANATION: The City has received a request dated March 10, 1998, from Joseph Morrier of JEM Development Company for a "special permit to close the alley between `A' Street and `B' Street with a gate or chain during working hours." (See attached letter.) While this request resembles a chapter 35.79 RCW right of way vacation petition, the purpose appears significantly different than permanent relinquishment of City control, which is the usual objective of right of way vacation. The attached resolution, if adopted, would authorize the City Manager and the City Clerk to execute a special license agreement with JEM Development Company to satisfy Mr. Morrier's request. Such agreement would be drafted to address relevant issues and would be subject to review by the City Attorney. Resolution X Ordinance Contract Funding Source APPROVED FOR SUBMITTAL: r(Specif City Manager STAFF RECOMMENDATION: THIS IS A COUNCIL POLICY DECISION. BOARD/COMMISSION RECOMMENDATION: N/A COUNCIL ACTION: Iap:C:\word docs\land use\morrier alley restriction\cc agenda stmnt 4-7-98.doc BUSINESS OF' THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8 For Meeting Of May 5, 1998 ITEM TITLE: Revocable License Agreement with JEM Deveopment Company for alley closure between Fourth Street and Naches Avenue. SUBMITTED BY: Raymond L. Paolella, City Attorney, and Lawrence A. Peterson, Assistant City Attorney CONTACT PERSON/TELEPHONE: Lawrence A. Peterson at 575-6030 SUMMARY EXPLANATION: At the April 7, 1998 business meeting, pursuant to Resolution No. R 98-44, the City Council approved JEM Development Company's request for a Revocable License Agreement to close an alley located between Fourth Street and Naches Avenue, in between A Street and B Street, during working hours. The attached License Agreement is submitted for Council consideration prior to execution by the City Manager. It provides for automatic annual renewals unless terminated or amended by the City Council upon ninety (90) days written notice to JEM Development Company. The License Agreement also provides for signage, public safety coordination, and indemnification. Resolution _ Ordinance Contract Other(Specify) Revocable License Agreement Funding Source APPROVED FOR SUBMITTAL: s0 s cmc te City Manager ,ebAk STAFF RECOMMENDATION: Council policy decision. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: i -11-14'6L J `� �j yc( MOTION APPROVED (lk)agenda-Morrier license -lap June 18, 1998 Dick Zase City Manager 129 North 2nd Street Yakima, Washington 98901 Dear Mr. Zais: In response to the letter of May 14, 1998 to Mayor John Puccinelli from Dan Fortier of New York Life regarding the closing of the alley between Naches Avenue and "A" and "B" streets. I spoke with Dan Fortier and gave him additional information on the closing of the alley. Consequently, as a result of our conversation New York Life, as well as, Yakima Valley Title finds there is no existing problem The Counsel accepted and approved the license issued to JEM last month. Sinc y, q., Joseph R. Morrier President/CEO JRM/pjn YAKIMA MALL SHOPPING CENTER CORPORATION 402 E. Yakima Ave., Suite 1400, Yakima, Washington 98901 Phone (509) 248-4040 • FAX (509) 457-8361 May 21, 1998 MEMORANDUM TO: GLENN RICE, ASSISTANT CITY MANAGER FROM: Leonard W. Hall, Code Administration Manager RE: JEM Alley Closure Fred French indicated that direction was given at the Department Head meeting yesterday to review the letter sent to the Mayor from Dan Fortier regarding the alley closure between A and B Streets. I visited this site yesterday and found that the portion of the alley adjacent to their building provides access to their enclosed garage areas as well as their parking lot. The business located across the alley to the east of the New York Life building also uses this portion of the alley to exit from their parking lot. If the alley is to be closed for it's entire length, these businesses would have their access obstructed. The remainder of the alley extending to the South of these business is bordered by property under the control of JEM Development and the Yakima Mall. The special License Agreement with JEM Development was prepared and administered by the Legal Department. It is suggested that the Legal Department revisit the provisions of the license agreement in order to prevent the access of the associated businesses from being obstructed. Please advise of any need of further input regarding this issue. May 14, 1998 Mayor John Puccinelli 129 N. 2nd Street Yakima, WA 98901 Dear Mayor: In response to the license issued JEM to block the alley between A and B Street, I protest. Why was there no public response to this before the council voted? We have an eight car enclosed garage at New York Life and how exactly are we suppose to get in and out? Also, there are several other citizens along this alley that may also have some input. This is not a fair due process and certainly not in the best interest of all is. This will certainly impede traffic and make getting in and out worse. How many alleys in Yakima have a chained gate? Sincerely, Dan Fortier New York Life 117 N. 4th Street Yakima, WA 98901 452-9135 cc City Manager — Dick Zais Post-IttM brand fax transmittal memo 7671 #of pages ► / '5Hort lei-- From ICK_ Z �S co. m J-7 Co. c% y �// c�� ii,tom° J " t Dept. Phone # L0 Fax# 457r s3& J Fax #F%G ��:_s FOR COUNCIL, iNFORMATION DATE: 12. Subject to the right of revocation as herein set forth, this agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors and assigns. 13. At such time as this license is terminated, JEM shall restore the Subject Property to the same or better condition that existed before any changes made under this license. 14. This writing constitutes the entire agreement of the parties and the signators affirm they are fully authorized to execute it. 15. If JEM ceases to exercise its right to close the Subject Property under this license, or to maintain in good condition any improvements installed in conjunction with this license, or otherwise fails to satisfy any condition of this license agreement, then this Revocable License Agreement shall be immediately temninated. In addition, if any court of competent jurisdiction declares this Agreement to be invalid or unenforceable, then it shall be immediately terminated. Dated this day of , 1998. CITY OF YAKIMA, WASHINGTON JEM DEVELOPMENT COMPANY y J�� R. A. Zais, Jr. City Manager ATTEST: Celv2-ice: 2 Karen Roberts s/ i i /q F City Clerk CITY CONTRACT NO. 98-54 Joseph R. Morrier, Sr. President/CEO lap:C:\Debbie's Files\morrier revocable license.doc 4/30/98 2:51 PM REVOCABLE LICENSE AGRI✓EMENT BETWEEN JEM DEVELOPMENT CO. AND THE CITY OF YAKIMA Page - 3 of 3