Loading...
10/30/2012 02 Creating Pedestrian Mall at South 4th Street and East Chestnut Avenue 0 , , - :- - "c r , - 7,'N t 4 y e w BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: October 30, 2012 ITEM TITLE: Resolution initiating establishment of a pedestrian mall on that portion of South 4th Street lying between East Yakima Avenue and East Chestnut Avenue SUBMITTED BY: Joan Davenport, Acting Director, Community Development Department CONTACT Mark Kunkler, Senior Assistant City Attorney / 575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: III Chapter 35.71 RCW authorizes cities to designate portions of city streets as a "pedestrian mall." A pedestrian mall is closed to vehicular traffic except for limited access for utilities, loading and unloading of goods, and other limited vehicular access as determined pursuant to an approved pedestrian mall plan. The Resolution initiates the process for formation of a pedestrian mall on that portion of South 4 Street lying between East Yakima Avenue and East Chestnut Avenue. In the Resolution, the City Council announces its intent to create the mall and authorizes the City Manager to develop a pedestrian mall plan. The plan will detail alternate routes of access for abutting properties, describe limitations for vehicular access, and other items pursuant to Chapter 35.71 RCW. Final action creating the pedestrian mall and adoption of the pedestrian mall plan will be by ordinance, following a public hearing, to be brought to the City Council at a later date. Resolution X Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: Aindra City Manager • STAFF RECOMMENDATION: Adopt Resolution. • BOARD /COMMISSION RECOMMENDATION: This item was introduced to the City Council at its regular meeting on October 16, 2012. ATTACHMENTS: Click to download ❑ Memo Process STREET CLOSURE Sept 17 2012 ❑ RESOLUTION Pedestrian Mall Initiation Oct 17 2012 CITY OF YAKIMA • LEGAL DEPARTMENT 200 South Third Stn et, Yaldma,Washington 98901 (509)575 -6030 Fax (509)575-6160 MEMORANDUM October 19, 2012 TO: Honorable Mayor and Members of the City Council Tony O'Rourke, City Manager FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: Proposed Street Closure — Pedestrian Mall — 4 Street Issue Presented: What procedures apply when a city desires to close a public street to motor vehicle traffic and designate such as a pedestrian plaza? Summary Answer: As a first class city, the City of Yakima has the power to control, create and alter its public streets. This includes the ability to close a street to motor vehicle traffic and dedicate such for a pedestrian "mall" or plaza. There are specific procedures in Chapter 35.71 RCW regarding creation and operation of "pedestrian malls." It is also recommended that the process and procedures under the State Environmental Policy Act (SEPA) be followed early in the process. Thus, the recommended process would include: (a) developing a preliminary/conceptual plan for designation of the street closure /pedestrian plaza; (b) adoption by City Council of a Resolution of Intention to form a pedestrian mall; (c) conduct SEPA review; (d) consider establishment of a "mall organization" consisting of affected property owners to advise and recommend regarding the plan; (e) prepare proposed plan, (f) adoption a resolution setting public hearing; and (g) adoption of an Ordinance by the City Council establishing the pedestrian mall. I. Discussion A. The Proposal. It has been proposed to create a "pedestrian mall" by closing South 4 Street to motor vehicle through- traffic between East Yakima Avenue and East Chestnut Avenue. Closure of the street at these locations would be accomplished by installation of Memorandum to Honorable Mayor, Members of the City Council & City Manager • October 19, 2012 Page 2 bollards. The bollards would be placed to deny access to motor vehicles for street travel, but would either be spaced or "removable" to allow for incidental or restricted local access by motor vehicles serving businesses within the designated pedestrian plaza. The specifics regarding designation, creation and operation are conceptual at this point. B. State Law — Pedestrian Malls. Chapter 35.71 RCW governs the establishment of "pedestrian malls." The authority to establish a pedestrian mall is described at RCW 35.71.020 as follows 35.21.020. Establishment declared public purpose -- Authority to establish -- General powers. The establishment of pedestrian malls is declared to be for a public purpose. Any corporate authority, by ordinance, may establish and regulate any street right -of- way as a mall, may prohibit, in whole or in part, vehicular traffic on a mall, and may provide for the acquisition of any interest in the right -of -way necessary to its establishment, and may provide for the determination of legal damages, if any, to abutting property. • "Mall" is defined in RCW 35.71.010 as "an area of land, part of which may be surfaced, landscaped, and used entirely for pedestrian movements, except with respect to governmental functions, utilities, and loading and unloading of goods." C. The Statutory Process. Chapter 35.71 RCW sets forth the following elements governing the formation of a pedestrian mall: • City Council adopts Resolution of Intention (RCW 35.71.030). This Resolution would contain an expression of intent to form a pedestrian mall; a finding that vehicular traffic would not be unduly inconvenienced thereby; adequate alternative routes for vehicular traffic are available; continued access by utilities and governmental units is retained; and loading or unloading of goods and materials are established or are available. The Resolution may also designate an advisory "mall organization" to provide input and assistance regarding formation of a plan. • • Memorandum to Honorable Mayor, Members of the City Council & City Manager October 19, 2012 Page 3 • Formulation of Plan. RCW 35.71.040 provides Before a mall is established, a plan shall be formulated consistent with the city's comprehensive plan, including at least the area of the right -of -way between two intersecting streets and showing alternate routes outside the mall area upon which any vehicles excluded from using the mall may be accommodated; it may include a provision for on and off - street parking. After the plans have been prepared, the corporate authority shall hold a public hearing thereon, giving notice of time and place at least two weeks in advance of the hearing in a newspaper of general circulation in the city and as required by chapter 42.32 RCW [minutes for public meetings]. • Schedule and hold public hearing. As set forth in RCW 35.71.040 quoted above, once the plan is formulated, the City Council will schedule and hold a public hearing, upon at least two weeks' prior notice. • Adopt Ordinance establishing pedestrian mall. The Ordinance establishing the pedestrian mall (per RCW 35.71.020) may establish an advisory "mall 410 organization," and may establish a "special assessment" mechanism for payment of mall expenses.' The city may administer and fund the pedestrian mall directly, or may contract with a mall organization for administration, maintenance, etc. RCW 35.71.120. Because the proposed creation of a pedestrian mall would significantly alter traffic patterns and vehicular ingress and egress to and from properties fronting on the mall, significant environmental impacts may be present. Consequently, the process and procedures under SEPA should be invoked. The SEPA process is expected to take at least forty -five (45) days and should be initiated at the time the City Council adopts the Resolution of Intention. 1 RCW 35.71.100 Special assessment. After the establishment of the mall, the corporate authority may levy a special assessment on the real property within the area specially benefited by the improvement. Such special levy, if any, shall be for operation and maintenance of the mall and appurtenances thereto, which may not exceed one percent of the aggregate actual valuation of the real property (including twenty -five percent of the actual valuation of the improvements thereon) according to the valuation last placed upon it for purposes of general taxation: PROVIDED, That if a mall organization board of directors exists as authorized by RCW 35 71.090, the corporate authority may entertain a recommendation from this organization with respect to such a levy by the corporate authority. S Memorandum to Honorable Mayor, Members of the City Council & City Manager • October 19, 2012 Page 4 D. Recommended Timeline. Here is a suggested timeline for your consideration: • Development of Conceptual Plan (Has already commenced and will continue). This step contemplates meetings and discussions with business and property owners within the proposed 4 Street corridor and business and property owners in the areas near the corridor; consultation with Chamber of Commerce and other agencies with interest; development of plans, policies and procedures regarding limited vehicular access within the pedestrian mall to facilitate loading and unloading of goods, governmental access and utility maintenance; maintaining security measures for courthouse; development of parking plan; consideration of alternate routes for vehicular traffic; itemization of utilities and utility easements within the proposed pedestrian mall, and working with utility providers and easement owners to coordinate access and maintenance responsibilities; design of electrical and water systems to facilitate audio broadcasting infrastructure, power infrastructure, potable water and irrigation supply; landscaping; redesign of streetscape to promote pedestrian use; need for street surface modifications and improvements, stormwater system, vendors' • display areas, performance centers or facilities. There will also need to be discussions and development of policies and procedures to facilitate access to programs hosted by the Capitol Theater in the "Black Box" performance center and delivery/set -up of production materials for performances within the theater, together with coordination of event scheduling for events at the theater and events in the pedestrian mall. Part of the conceptual plan process will also include development of city policies governing use of the mall, permitting procedures, operational plans, and capital improvement plans and budgeting. It is also expected that many of the items described above can be addressed prior to presentation of the proposed action plan to the City Council on October 16, 2012. • Present Proposed Action Plan to City Council (October 16, 2012). The current goal is to present a description of the conceptual plan to the City Council on October 16, 2012. A proposed timeline can also be presented. Either by motion or consensus of the City Council, staff can be directed to prepare the necessary legislation (Resolution of Initiation) to be presented for action at the regular Council Meeting on November 6, 2012. • Adoption of Resolution of Intention to Form Pedestrian Mall (November 6, 2012). The proposed November 6 action date presupposes sufficient development of a conceptual plan. In this Resolution, the City Council may also direct that an Memorandum to Honorable Mayor, Members of the City Council & City Manager October 19, 2012 Page 5 informational public hearing be set for December 4, 2012 to garner public comment regarding the proposed action. As a further option, if the City Council elects to create a mall organization, such can be included in the Resolution of Initiation. If formed, the mall organization would provide an advisor' body to assist in the development of the Pedestrian Mall Plan described below. • Initiate SEPA Review (duration 45 days). The SEPA process may be initiated immediately following the adoption of the Resolution of Initiation. The SEPA process in this case is estimated to take 45 days (with completion on or about December 21, 2012). • Formulation of Pedestrian Mall Plan. Assuming completion of the SEPA process on or about December 21, 2012, sufficient time would be necessary to formulate the final Pedestrian Mall Plan. The SEPA process is expected to generate comments from agencies and citizens concerning the proposed pedestrian mall, which will be useful in allowing the lead agency to identify possible mitigations of significant environmental impacts. The comments will also be useful in identifying any additional areas to be addressed in formulation of the Pedestrian S Mall Plan. If the issues identified in the conceptual plan are completed or near completion, notice of public hearing can be published for public hearing and adoption. I would recommend this public hearing /action date be considered for January 15, 2013. 2 RCW 35.71.090 also allows appointment of a "mall organization." This advisory group is defined as. "Mall organization" means a group of property owners, lessors, or lessees in an area that has been organized to consider the establishment, maintenance, and operation of a mall in a given area and persons owning or having any legal or equitable interest in the real property affected by the establishment of the mall. RCW 35 71.090 provides. The corporate authority may cause an organization of persons to be known as a "Mall organization" interested in creating a mall in a given area to be formed to provide for consultative assistance to the city with respect to the establishment and administration of a mall. This organization may elect a board of directors of not less than three nor more than twelve members. The board shall elect a president, a vice president, and a secretary from its membership. 3 Given necessary preparation time and NOVUS scheduling requirements, placing this item on the agenda for January 2, 2013 is problematic. The SEPA process would be scheduled to conclude on Friday, December 21, 2012. The next week is Christmas, with last date to submit agenda materials being Wednesday, December 26, 2012. January 1, 2013 falls on the normal first meeting date in January. It is presumed that the City Council meeting will be moved to January 2. With the intervening holidays, there is a logistical challenge to preparing the necessary final Pedestrian Mall Plan and adopting ordinance in time for the January 2 agenda, Memorandum to Honorable Mayor, Members of the City Council & City Manager • October 19, 2012 Page 6 • Public Hearing — Adoption of Pedestrian Mall Plan (January 15, 2013). The establishment of the Pedestrian Mall will be by ordinance. RCW 35.71.020. Under the City Charter, ordinances become effective thirty (30) days after adoption unless adopted pursuant to an "emergency." It is also anticipated that other enabling ordinances may be ready for adoption as well — such as amended code sections dealing with special events and permitting of such events in the new mall. • RESOLUTION NO. R -2012- A RESOLUTION declaring intention to create a pedestrian mall within and upon that portion of South 4 Street between East Yakima Avenue and East Chestnut Avenue, pursuant to the authority and procedures of Chapter 35.71 RCW, and authorizing the City manager to prepare a plan for such mall showing alternate routes for ingress and egress for abutting property owners, provisions for on and off - street parking, and limited vehicle access for utilities, governmental functions, and any necessary or appropriate vehicle access for the loading and unloading of goods. WHEREAS, RCW 35.71.020 provides that the establishment of pedestrian malls is declared to be a lawful public purpose, and that any municipal corporation, by ordinance, may establish and regulate any street right -of -way as a pedestrian mall; may prohibit, in whole or in part, vehicular traffic on a mall; may provide for the acquisition of any interest in the right -of -way necessary to its establishment; and may provide for the determination of legal damages, if any, to abutting property; and WHEREAS, the City Council determines that the public interest, safety, and convenience is best served by the establishment of a pedestrian mall within and upon that • portion of South 4 Street between East Yakima Avenue and East Chestnut Avenue; that vehicular traffic will not be unduly inconvenienced thereby; and that there are adequate alternate routes for ingress and egress for abutting property owners; and WHEREAS, the City Council determines that that City Manager should be authorized to develop a plan for such intended pedestrian mall, which plan shall include identification and designation of appropriate alternate routes for ingress and egress for abutting property owners, provisions for on and off - street parking, provisions for limited vehicle ingress and egress within and upon such intended mall for utilities, governmental functions, any necessary or appropriate vehicle access for the loading and unloading of goods, and any other matter deemed appropriate or necessary for the accomplishment of the purposes of such pedestrian mall; and WHEREAS, the City Council intends to create such pedestrian mall to facilitate pedestrian use of such space, and to provide space downtown for the promotion and conduct of special events to benefit the community, promote cultural and popular events, encourage public participation in such events, and promote tourism and economic development of the downtown and community; and WHEREAS, in order to accomplish such goals, the intent of the City Council is to close such designated area to through vehicle traffic by appropriate traffic barriers and signage, subject to exceptions for limited vehicular ingress and egress for utilities and governmental functions, and any vehicular access deemed necessary pursuant to the plan developed by the City Manager to provide adequate alternate vehicle access for the • 1 loading and unloading of goods, and any vehicular access deemed appropriate pursuant to such plan to facilitate the purposes of such pedestrian mall; and WHEREAS, the City Council finds and determines that declaration of such intent and authorization to proceed with development of such pedestrian mall is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Council hereby declares that it intends to create and designate that portion of South 4th Street lying between East Yakima Avenue and East Chestnut Avenue as a pedestrian mall pursuant to the authority and procedures of Chapter 35.71 RCW, for pedestrian use and use for special events, with closure of such mall to vehicular traffic except for limited vehicular access for utilities and governmental functions, limited vehicular access for the purpose of facilitating pedestrian use and special events, and such limited ingress and egress for vehicles loading and unloading goods, as further determined pursuant to the pedestrian mall plan to be developed by the City Manager and approved by the City Council; and 2. The City Manager is hereby authorized and directed to prepare a pedestrian mall plan addressing the elements of Chapter 35.71 RCW, including but not limited to identification and designation of appropriate alternate routes for ingress and egress for abutting property owners, provisions for on and off - street parking, provisions for limited vehicle ingress and egress within and upon such intended mall for utilities, governmental functions, any necessary or appropriate vehicle access for the loading and unloading of goods, and any other matter deemed appropriate or necessary for the accomplishment of the purposes of such pedestrian mall. ADOPTED BY THE CITY COUNCIL this 30th day of October, 2012. ATTEST Micah Cawley, Mayor Sonya Claar Tee, City Clerk 2