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06.K. Resolution authorizing a Right-of-Way Use Permit for a gate at the north end of the alley between N Front Street and N 1st St at Staff Sgt. Pendleton Way 14-41111k1A • rr 11 i�O enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.K. For Meeting of:August 17, 2021 ITEM TITLE: Resolution authorizing a Right-of-Way Use Permit for a gate at the north end of the alley between N Front Street and N 1st St at Staff Sgt. Pendleton Way SUBMITTED BY: Glenn Denman, CBO, Code Administration Manager Joan Davenport,Al CP, Community Development Director SUMMARY EXPLANATION: Dan Koommoo of Crafted Restaurant is requesting approval of a Right-of-Way Use Permit (RL210049)to continue the use of, and to maintain the 16 ft. gate in the north end of the alley between N Front Street and N 1st St at Staff Sgt. Pendleton Way, previously approved and installed under permit number RL170044. The property is located in the Commercial Business District(CBD)zoning district.According to YMC 8.20.100, ROW Use Permits are non- transferrable; therefore, this is a new application for the existing gate. Right-of-Way Use permits are processed under the provisions of Chapter 8.20, which requires review by the code administration manager and final approval by the City Council. The permit also requires liability insurance as prescribed in Section 8.20.060, which will be provided to the Office of Code Administration prior to issuance of any permit.Approved permits are valid for a period of one year, renewable annually. This allows the City an opportunity to review any public health/safety/welfare issues that may need to be addressed in subsequent years. This application has been reviewed by the Development Services Team on July 27, 2021. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type 2 D Resolution 7/26/2021 Cotter Memo D Site Map 7/28/2021 Exhibit 0 Photo of Gate 7/28/2021 Exhibit 3 RESOLUTION NO. R-2021- A RESOLUTION authorizing the issuance of a right-of-way use permit for a gate at the north end of the alley between N Front Street and N 1st Street at Staff Sgt. Pendleton Way WHEREAS, pursuant to Chapter 8:20 YMC, the City Council is authorized to issue permits for construction of certain improvements within public rights-of-way; and WHEREAS, Dan Koommoo of Crafted Restaurant is requesting a right-of-way use permit to allow the continued use and maintenance of a 16 ft. gate at the N end of the alley (at Staff Sgt. Pendleton Way) between N Front Street and N 1st St in the public right-of-way that was installed in an effort to curb loitering, criminal activity, and accumulation of garbage and debris in the alley which has negative effects on the businesses in the area; and WHEREAS, the City Council had previously approved, and the gate had been installed under right-of-way permit number RL170044; and WHEREAS, the gate will continue as it is currently installed with no modifications being proposed; and WHEREAS, the property is located in the Central Business District (CBD) zoning district; and WHEREAS, the gate closes off the North/South alley to pedestrian and vehicle traffic; and WHEREAS, city staff has recommended approval of such a permit and recommends that the application be reviewed by the full Council; and WHEREAS, the City Council, having considered such application and the recommendation of city staff, hereby finds and determines that issuance of the requested right- of-way use permit authorized pursuant to Chapter 8:20 YMC is in the best interest of the residents of the City of Yakima and the City, and will promote the general health, safety and welfare; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute and issue a right-of-way use permit in accordance with the provisions of Chapter 8:20 YMC and in conformity with the application for such permit submitted by Dan Koommoo by application dated July 12, 2021, and designated as city Regulatory License No. RL210049 for the continued use of a previously approved 16 ft. gate at the N end of the alley between N Front Street and N 1' Street at Staff Sgt. Pendleton Way which shall include the following provisions: 1. Follow all requirements of YMC 8.20, including but not limited to, the insurance requirements; 2. Dan Koommoo of Crafted Restaurant (applicant) shall maintain the gate's required Knox key box, and shall assure that the gate is functional allowing access for the maintenance of underground utilities (manholes, storm grates, etc.); 3. Applicant shall install and/or maintain required signage as determined by the City in and around the gate and alley, specifically, a standard Do Not Enter sign; an Alley Closed Ahead 30"x 30" diamond shaped sign with black letters on a yellow background, and reflective markers on each side of the gate (can be any red 4 reflective material or sign with at least 324 square inches (18" x 18") on each side); and 4. The City may terminate the permit after having provided 30 days written notice to the applicant. ADOPTED BY THE CITY COUNCIL this 17'h day of August, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk • N 1st Street Staff Sgt Pendleton Way lc ,e . '!" S\4€110 °114a illtsi +. ��` :111:11170‘ Gate `•5' 0k4.. `� 11 .. 0 1 ` i , r N Front Street ' �,NII ,�� `� , gi .5, v 1 a `� i !.� l : r. I • 1 114, _ i • 1 ,•• L $ 1 . r S I •A y III 11111 II • g k, ••�" . “ 'EMI �.._._._» ii • • et I illll i1'�