HomeMy WebLinkAbout092619 EDC packetCOMMIKU00
2 a clao.- C
City Hall
September 26, 201
1:30
Members: Staff: Others:
Chairman White Scott Schafer, Acting Asst City Manager Don Meseck
Councilmember Guti6rrez
Councilmember Cousens
1. Minute Approval
a. Review August 22 draft minutes
2. Discussion
a. Downtown destination Downtown Master Plan discussion
b. Economic Development Plan
i. Competitiveness
1. Private sites — no report
2. City sites — no report
3. Mill site — no report
4. Port Authority — no report
5. Incentives — no report
6. Education Alignment — no report
7. YKM — no report
8. Convention Center — no report
ii. Traded Sector
1. YKM —no report
2. Clusters — no report
iii. Community pride — Cousens to provide update
3. Staff and Partner Updates
a. State Employment Security Department report — presentation by Don Meseck
b. Vacant buildings registry / draft ordinance
c. North 1 st Street
Future Agenda Items
a. October - Fulcrum incubator project update - Chelann Gienger
5.
• Business
6. Audience Participation
Council Economic Development Committee
2nd Floor Conference Room
City Hall
Members: Staff: Others:
Councilmember White Scott Schafer, Acting Assistant City Manager Heath Lamb
Councilmember Guti6rrez Rob Peterson, Airport Director Jonathan Smith
Sara Watkins, Senior Asst City Attorney
Ryan Bleek, Asst City Attorney
White called the meeting to order at approximately 1:30 p.m.
1. Review draft minutes from August 1, 2019 meeting:
The August 1, 2019 meeting minutes were reviewed. Gutidrrez motioned, seconded by
White, to approve the minutes as presented. Motion carried unanimously.
2. Discussions:
a. Downtown destination / Downtown Master Plan — White reported that staff is still
putting together the committee and determining a meeting date.
b. Economic Development Plan
i. Competitiveness
1. Private sites — no report
2. City sites — no report
3. Mill site`- no report
4. Port Authority — no report
5. Incentives — Peterson reported that he is still working with Alaska
Airlines, however, there are factors affecting the availability of flights in
Yakima. Challenges with SeaTac have impacted flights and Yakima
has seen a decrease in enplanements. Alaska will be adding the fourth
flight to the winter schedule.
6. Education alignment — no report
7. YKM — no report
8. Convention Center — no report
ii. Traded Sector
1. YKM — no report
2. Clusters — Smith reported that the clusters are in the website and there
are brief descriptions of industries. Choose Yakima staff will be
attending tradeshows and marketing the Yakima Valley. Guti6rrez
asked what the role of city staff was and how the staff could be of
assistance. Smith responded that the city's economic development
manager would provide materials and attend tradeshows. Guti6rrez
thought that apprenticeships should overlap with education alignment.
Peterson added that he would be meeting with Perry Tech staff soon
to talk about aerospace expansion.
5. Other Business — Guti6rrez requested that North 1 It Street be added as a standing agenda
item.
6. Audience Participation — Smith stated that the YCDA Board meeting in September would be
at the YMCA aquatics facility if anyone wanted to attend and tour the facility.
Jason White, Chair
AN ORDINANCE adding Yakima Municipal Code Chapter 11.49 Minimum Standards and
Maintenance of \/onen¢ Commercial Space in the Central Business
District
WHEREAS, maintaining e clean and inviting downtown core is important for remiden1e.
visitors and those looking to start or relocate a business to downtown Yakima; and
WHEREAS, there have been instances where businesses have domed and have not
been maintained, causing an eyesore downtown; and
WHEREAS' to enhance economic development dovvntoxvn, including to increase
occupancy in businesses and provide a welcoming downtown, a higher standard of
maintenance should be required for downtown commercial businesses; and
WHEREAS, to nnmhe aunn that the City is aware of vacant nonmnnaro|a| buildings in the
Central Business D|etrict, and therefore can monitor the condition of those buildings the
ordinance proposes aveoent building registry to be operated by the City and funded by owners
ofcommercial buildings that are vacant; and
WHEREAS, the City Council of the City ofYakima finds it is in the best interest of the
City and its residents to enact the ordinance; now, therefore,
BE IT ORDAINED BYTHE CITY OF YAKIy0A:
Section 1.
Chapter 11.49 entitled "Minimum Standards and Maintenance of Vacant
Commercial Space in the Central Business District" is added as m new Chapter to the Yok|nne
Municipal Code and reads aofollows:
11.49 Minimum standards and maintenance of vacant commercial space in the central
business district.
11.49.010
Scope '^
11.49.020
Administration
11.49.025
Compliance with `yyWC 11.48
11.49.030
Definitions
11.48.040
General mnin|nnunn maintenance requirements
11.49.050
Vacant commercial space registration
11.48.000
Window displays for commercial spaces not occupied for thirty days
11.49.070
Fees for vacant commercial space registration
11.49.000
Exemptions
11.49.090
Delinquent registration fees—Collection
11.49.100
Duty to amend registration statement
11.49.110
Inspections
11.49.120
Enforcement
11.49.130
Annual Report
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11.49.010 Scope.
The provisions of this chapter apply to all structures in the Central Business Distrkct, unless
otherwise stated. All responsible persons shall comply with the requirements of this chapter.
11/49.020 Administration
This ohaoterviU be administered by the code administration manager or their designee, who
may adopt administrative rules and regulations consistent with its terms. The codes
administration manager (and their designee), code inapectors, or code compliance officers are
authorized toenforce this chapter.
11.49.025 Compliance with YK8C11.48
All buildings subject to this chapter shall also comply with the requirements of Yakima Municipal
Code section 11.40aonow exists oriehereafter amended.
11.28.030 Definitions
For purposes mfthis chapter:
"Central business district" means the central business district, or {}BD, zona in the city of
Yakima aodefined bvthe Yakima Urban Area Zoning Ordinance, Title 15YyNC.
^CUx^means the city ofYakima, its officers, employees and agents.
"Commercial space" means any portion of a structure in the central business district zone that is
not intended for residential use. Each distinct space in multi -unit building is considered a
separate commercial space for purposes ofthis chapter.
"Occup|ed^ means permitted nonresidential use physically located and lawfully operating in
the space for stleast three consecutive months.
"Responsible peraon" means any peruon, firm, eesocie1ion, corporation orany agent thereof,
owning, |aaoing, renting or having lawful possession of e structure in the central business
district.
"Vacant commercial space" means any portion of street -level commercial space that, on or
after January l. 2020. ianot occupied and has not been occupied during the preceding ninety
days.
11.49.040 General nnin|nnunm maintenance requirements.
All responsible persons shall perform the following with respect toeach commercial space they
own, lease, rent orlawfully possess:
G. Maintain all exterior surfaoes, iOdUd|ng, but not limited to dno[s. Yvindoxve, door and
window fnannes, corn|oea, porches, trinn, be|oon|eo, deohm, and fenoea, in good
condition.
b. Protect exterior wood
"surfaces, other than decay -resistant woods, from the element
sand decay with paint or other protective covering or treatment. If protection of the
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surface is compromised, restore adequate protection within fourteen calendar days
or other time period approved in advance by the code adm�fiistration manager', for
example, remove peeling, flaking or thipped paint arld reoint the dqrbpfbmit�bd
c. Cause all siding and masonry joints and joints the building envelope and
the perimeter of windows, dooKo, and skylights to be weather -resistant and
watertight.
d. Coat all nnete| surfaces subject to rust or cornoo|on, except those designed to be
stabilized by oxidation, to inhibit rust or corrosion, after first stabilizing any existing
rust and corrosion. Remove oxidation stains from exterior surfaces.
e. Maintain all exterior walls free from dirt, gr|nnm, ho|eo, brmake, graffiti, and loose or
decaying materials. Weatherproof and properly coat the surface of all exterior walls
when required to prevent deterioration.
f. Maintain the roof and flashing of all structures eD that they are sound, tight, free of
dafeots, do not attract pests or create a public nuisance. Maintain adequate roof
drainoge, maintain roof drains, guttmra, and downspouts in good repair and free from
obstructions.
g. Broken windows or doors shall be replaced. No windows or doors may be boarded
up with p|ywOod, vvood, oardboand, or other material for more than five (5) business
days while the responsible person is waiting for the windows or doors to be replaced.
11.49.050 Vacant commercial space registration
a. At least one responsible person for each vacant commercial space must register
that space with the city within ten (10) calendar days of the date the space becomes
vacant, esthat term iadefined inSection 11.49.O3O.
b A space will considered to be registered on the date the oUv naoeivem, on a form
provided by the mode administration manager and properly completed and signed by
a responsible person, the following information:
1. The street address and parcel number of the vacant commercial space;
-
The nenne, addreoo, devUnle and evening telephone numbers of each
responsible person for the vacant oornnnenja| apama, inc|uding, but not limited to
the owner and tenant;
3. The period of time the veoerd commercial space is expected to remain vacant;
and
4. Any other information requested by the code administration manager for the
administration of this chapter.
o. A responsible person must renew the registration for each vacant commercial space
onorbefore January 1st ufeach year that the space remains vacant. Anaeponaib|e
person must submit the renewal application to the odv on forms provided by the
code administration manager.
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d. Upon satisfactory proof' to the code administration manager that the vooard
commercial apace is occupied as defined in Section 11.49.030. the vacant
omnnnnero|a| space will be unregistered. Proof of physical occupation may |no|ude,
but is not limited to, usable furniture, office equipment, retail inventory or other
equipment and inventory in the space that are consistent with the unit's intended
use, and persons regularly present at and using the space for its intended use.
Proof ofphysical occupancy must also include documentation, which may \no|ude.
but is not limited to, e current executed lease m0reennen1, paid utility receipts
reflecting payments for three consecutive months from the month the apace is
oocupied, or valid state and local business |ioenees, federal income tax or business
and occupation tax statements indicating the subject space is the official business
address ofthe person orbusiness claiming occupancy.
e. The determination of the number of vacant commercial spaces a structure contains
will be at the reasonable discretion of the code administration nnenoger, who may
take into account the number ofunique spaces within estructure, the number uftax
assessor parcel numbers associated with the structure, or the previous use of the
structure.
11.49.060 Window displays for commercial spaces not occupied for thirty days.
When oonnnnonja| space is unoccupied for more than thirty days, m responsible person must
take steps toavoid adverse impacts onthe neighborhood and create an attrectkw*xtreetscape
by applying at least one of the following measures to all ground floor windows that face
eidewe|he, mtnaeto, orpublic open space:
^
a. Paint windows with v|oua||v appealing scenes depicting or suggesting business or
cultural activities;
b. Display works of art or provide other displays of cultural or educational value, using
background panels or other methods to screen views from the street of the
unoccupied space; mr
Other measures consistent with these examples approved by the code
administration manager.
11.49.070 Fee for vacant commercial space registration.
e. At least one responsible person shall pay an annual registration fee of Five Hundred
Dollars ($500.00) for each vacant commercial space in the central business district
at the time the space is registered and on January 1* of each year that the space
remains vacant.
b. The fee is intended to defray the costs of administering this meotiun, and may be
amended by the City Council to meet the costs.
11'49.080 Exemptions.
e. The fee required in section 11/49.070 shall not be required if the following conditions
are met:
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1 . The space meets all applicable codes and regulations that apply toopermitted
nonresidential use, and the naapone|b|o person is actively attempting to eeU.
|aaea, or rent the property (which is mvidencad, in part, by appropriate signage at
the space visible tothe pub||n); and
2. The space complies with section 11.4S.UOD;and
3. There are nunuisance activities onthe property; and
4. The oidevva|he are consistently cleaned and cleared of debris, snow, |eexee and
garbage.
b. The fee required in section 11.49.070 shall not be required if the space is the subject
of a ounent, valid bu||UiAQ permit for repair or rehabilitation and the responsible
person provides ppomf, such as raueicdn, invoices or executed contracts, that the
repair orrehabilitation is proceeding without significant delay.
o. The fee required in section 11.49.070 shall not be required if the space is located on
property which is the subject of land use application for redevelopment for which
approval has been granted, but building permits have yet tobeissued.
d. Even if the vacant ounnrneruia| space is exempt from payment of the fee outlined in
section 11.49.070. the responsible person shall register the vacant commercial
space with the city pursuant tosection 11.49.050.
11.49.090 Delinquent registration fees—collection.
If responsible person fails to pay the registration fee bvthe due date, the city is authorized to
bake action to collect the registration fem, ino|uding, but not limited to, enforcement as provided
by section 1149.130. filing uk/U actions Or turning the matter over to collection, in vvh|oh case
costs incurred by the city as o result of the collection process will be assessed to the
responsible person or responsible persons in addition to the registration fee.
11.49.100 Duty toamend registration statement.
Responsible persons for any registered vacant cornrnerc|g| space shall advise the building
official, in vx[ibng, of any changes tmthe information on the registration form within thirty days of
the occurrence mfthe change.
11.49.110 Inspections.
In addition to inspection rights pursuant to Yakima Municipal Code Section 11.48, the node
administration nnenegar and their designees, code enforcement offioere, building inspantona, or
any combination thenaoY, are authorized to conduct inspections to enforce the provisions of this
chapter.
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11.40.120 Enforcement.
a. Enforcement of the provisions of this chapter will be performed in accordance with
Chapter 11.1Q.
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b_ No responsible person may violate or fail to comply with any provisions of this
chapter. Each responsible person commits e separate offense for each and every
day they commit, continue orpermit aviolation ofany provision oYthis chapter.
c All responsible persons for e commercial space are jointly and severally responsible
with respect to that commercial space for compliance with the provisions of this
chapter and or any payments that they may be required to make tothe city under
this chapter. If the commercial space is subject to a |mooe. the City ehoU have
discretion to determine whether to enforce this chapter against a commercial space
owne[, the tongDt, or both of them, but the city shall consider in this determination
whether the lease provides that the compliance with this chapter is the responsibility
nfthe commercial space owner orthe tenant.
11.49.120 Annual report.
The code administration manager will nnehe a report QRoe each year, if requested by the City
Council, on the status of the wGCard commercial space registration program. If no request is
made by the City CouRci|, the code administration manager will draft a summary report of the
program forth* City Manager on or before June 30m of every odd year on the status of the
vacant commercial space registration program.
Section 2. Severabifily. If any seoUnn, eubmecb0O, peregrmoh, sentence or clause of
this ordinance is declared invalid or unconstitutional for any noason, such decision shall not
affect the validity or constitutionality of the remaining portions of the ordinance.
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
�pproval, and publication as provided by law and by the City Charter.
Sonya Claar Tee, City Clerk
Publication
Effective Date:
A
Kathy Coffey, Mayor