HomeMy WebLinkAbout07/10/2018 09 Yakima Central Plaza; Preliminary Design Adoption and Authorization to Proceed with ConstructionITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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Item No. 9.
For Meeting of: July 10, 2018
Ordinance adopting the preliminary design for the Yakima Central
Plaza and authorizing initiation of all work and documentation
necessary to construct the Yakima Central Plaza on City Parking
Lot No. 2
SUBMITTED BY: Jeff Cutter, City Attorney
SUMMARY EXPLANATION:
On April 17, 2018, City Council considered an ordinance to regarding the preliminary design for
the Yakima Central Plaza and authorizing initiation of all work and documentation necessary to
construct the Yakima Central Plaza on City Parking Lot No. 2. The motion to adopt this ordinance
failed in a 3 — 3 vote. On May 15, 2018, City Council voted to reintroduce the April 17 motion.
Council selected June 19, 2018 as the date to hear this matter again. And on June 19, 2018,
Council postponed this item to the July 10, 2018 Council meeting.
As background, over the past several years the City Council has actively considered and
investigated opportunities for the construction of a central plaza in the City's downtown core.
During the course of those efforts the City Council identified City Parking Lot No. 2 as the
location for a central plaza and contracted with the professional design firm of Gustafson Guthrie
Nichols (GGN) to prepare a preliminary design concept for the plaza. As a result of GGN's initial
design work Council selected the current preliminary design.
While there has been some concern about the City's ability to repurpose the use of Parking Lot
No. 2, Council does retain its policymaking options for the public use of Parking Lot No. 2 and
those options are not bound, in perpetuity, by previous Council actions. Specifically, City
Ordinances 1719 and 1720, which established a local improvement district (LID) and a parking
and business improvement area (PBIA) for the purchase and construction of the existing parking
lot, do not limit future uses of this city owned property. As such, Council is free to supersede the
earlier ordinances and it may authorize a new public use for the parking lot property consistent
with the ordinance attached hereto.
With respect to the former and now disestablished Parking and Business Improvement Area No.
1, established by Ordinance 1719, that provided funding for, among other things, the purchase
and construction of the parking lot at issue, RCW 35.87A.190 makes it clear that upon
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disestablishment of an assessment area any assets acquired with assessment proceeds "shall
be subject to disposition as the legislative authority shall determine". Similarly, no provision of
Washington's statutes on Local Improvement Districts, which formed the basis for Ordinance
1720, provide that a public use financed in part with LID assessments must be perpetually
devoted to the initially planned use.
The City Council also believes that the past 1992 Yakima County Superior Court case titled
Centennial Center Corp. v. City of Yakima and Morrier Bldg., Inc., did not result in an injunction or
other final order precluding public use of Parking Lot No. 2 as set forth in the attached ordinance
because the Court, in that case, limited its ruling to the issue of a proposed private use of the
parking.
In addition to directing the completion of the Plaza preliminary design, the City Council has also
approved numerous parking revisions in the downtown core area, contracted with private property
owners for the part-time public parking use of nearby private parking lots and established new
parking opportunities on City -owned property near Parking Lot No. 2. These efforts have
increased the parking opportunities in the immediate area of the proposed Central Plaza.
The City Council has determined that the Yakima Central Plaza will specifically benefit the
merchants and property owners located in the downtown core of the City and will attract and
increase economic opportunities and growth in the area, as well as providing recreational
opportunities for the City's residents and visitors.
In addition to the steps already taken by the City Council toward the development of the
Downtown Plaza, as recited above, over nine million dollars of privately donated funding has been
confirmed as having been committed toward the Downtown Plaza construction costs. As a result
of this accomplishment, the City Council will now consider the attached ordinance to memorialize
the intent and provide the specific direction for all necessary and appropriate steps to be taken to
complete the Plaza development. These steps would include finalizing the construction plans
and specifications for the Central Plaza, obtaining engineering and construction cost estimates,
initiating the construction bidding process and finalizing the construction financing plan to begin
the construction of the Yakima Central Plaza on City Parcel No. 1 91 31 9-24507
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Council recommended submission of this Ordinance.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
ord 5/2/2018
Type
Coyer Memo
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ORDINANCE NO. 2018 -
AN ORDINANCE adopting the preliminary design for the Yakima Central Plaza and
authorizing initiation of all appropriate work and documentation necessary
to construct the Yakima Central Plaza on Parking Lot No. 2 in the City's
downtown core.
WHEREAS, in 1974 the City Council established a Parking and Business Improvement
Area (Ordinance 1719) and a Local Improvement District (Ordinance 1720), each of which
generated assessments from nearby properties for the development of parking and pedestrian
improvements within the downtown area generally and specifically contributed to the purchase
and development of property into downtown parking facilities, including Parking Lot No. 2; and
WHEREAS, the Local Improvement District (LID) assessment collection was long ago
fulfilled and the LID debt was retired; the Parking and Business Improvement Area (PBIA) was
disestablished in accordance with RCW 35.87A.180 through action of the City Council in 2008;
and
WHEREAS, over the past several years the City Council has actively considered the
construction of a central plaza in the central downtown core of the City; and
WHEREAS, the City Council has previously contracted with Gustafson Guthrie Nichols
(GGN) for preparation of a design concept for the downtown plaza, has selected a preliminary
design for the plaza and has determined the plaza should be constructed on City Parking Lot
No. 2, Yakima County Parcel No. 191319-24507, in accordance with the previously selected
preliminary design prepared by GGN; and
WHEREAS, over the past four years the City Council has approved numerous parking
revisions to the existing downtown parking design, has dedicated City -owned property to public
parking uses and has negotiated agreements with private parking lot owners to allow public use
of private parking spaces during certain hours and times, all for the purpose of increasing
parking in the immediate area of the planned Central Plaza; and
WHEREAS, the City Council has determined that the Yakima Central Plaza will specially
benefit the merchants and property owners located in the downtown core area of the City, will
attract economic growth to the City and will provide recreation opportunities for the residents of
the City of Yakima as well as visitors to the City; and
WHEREAS, the City Council has further determined that with over nine million dollars of
private funding that has been committed to the construction of the Yakima Central Plaza it is
now appropriate to commence all necessary formal efforts to finalize construction funding and
proceed with plans, consistent with the approved preliminary plaza design, to construct the
central plaza on City Parcel No. 191319-24507, Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The City Manager is hereby directed to 1) finalize the construction plans and
specifications of the Central Plaza, consistent with the preliminary design documents, for
Council approval, 2) obtain engineering and construction cost estimates for the Central Plaza
based upon the approved construction plans and specifications, 3) initiate the construction
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bidding process based upon the Central Plaza construction plans and specifications, and 4)
finalize the construction financing plan in preparation for construction of the Yakima Central
Plaza on City Parcel No. 191319-24507 consistent with the construction plans and
specifications provided by GGN and approved by the City Council.
Section 2. To the extent of any inconsistency in direction or purpose between this
ordinance and Ordinance No. 1719 and Ordinance No. 1720, said prior ordinances are hereby
superseded and repealed.
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 19th day of June, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date: