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HomeMy WebLinkAboutR-2000-101 ALLIED ARTS COUNCIL AGREEMENTRESOLUTION NO. R-2000-101 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an amendment to a License Agreement with the Allied Arts Council of Yakima Valley for the Millennium Plaza Project. WHEREAS, the City Council approved a License Agreement with Allied Arts Council of Yakima Valley for the construction, operation, maintenance, and repair of the Millennium Plaza Project at their meeting on May 16, 2000, and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of an amendment to the License Agreement with Allied Arts Council of Yakima Valley for the construction, operation, maintenance, and repair of the Millennium Plaza Project in accordance with the attached Agreement, now, therefore; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached amended Millennium Plaza Project License Agreement with Allied Arts Council of Yakima Valley. ADOPTED BY THE CITY COUNCIL this 15`'' day of August 2000. ATTEST: City Clerk ary Place, Mayor MILLENNIUM PLAZA PROJECT LICENSE AGREEMENT THIS AGREEMENT is made this (4) day of " � , 2000, by and between the City of Yakima, a Washington municipal corporation, hereinafter referred to as "CITY" and ALLIED ARTS COUNCIL OF YAKIMA VALLEY, a Washington non-profit corporation, hereinafter referred to as "LICENSEE." In consideration of the mutual promises and covenants contained in this Agreement, the parties hereto agree as follows: 1. Grant of License. The CITY hereby grants to LICENSEE a license to use, subject to all of the terms and conditions of this Agreement, the following -described real property located in Yakima County, Washington, to -wit: The North 87 feet of the South 183 feet of the East 81 feet of Block 51, Town of North Yakima, now Yakima, according to the Plat thereof recorded in Volume A of Plats, page 10, and re-recorded in Volume E of Plats, page 1, records of Yakima County, Washington. The above-described real property shall be used by LICENSEE for the construction, operation, maintenance, and repair of the Millennium Plaza Project in accordance with the plans and specifications attached hereto as Exhibit "A". 2. Term. This License Agreement shall expire and end on that date upon which all of the following events have occurred: a. Final completion of all Millennium Plaza Project construction phases, and related activities, all in accordance with the plans and specifications attached hereto as Exhibit "A"; and b. Final written acceptance by the City of Yakima of all Millennium Plaza Project improvements constructed on the real property described in paragraph 1 above; and c. Written acceptance by the Yakima City Manager of LICENSEE's detailed financing plan to provide for the perpetual operation, maintenance, and repair of the Millennium Plaza facility, which acceptance shall be in the sole and absolute discretion of the Yakima City Manager. Page 1 (Ik)aln/license/uullennium project/rp 3. No Payment Required. This license is given to LICENSEE in consideration of the mutual promises and covenants contained in the Agreement, including the public benefits to be obtained through the construction and operation of the Millennium Plaza Project, with no monetary consideration. 4. CITY'S Title. LICENSEE acknowledges the legal fee title of the CITY to the above-described real property and agrees never to deny such title or to claim title in LICENSEE's name. LICENSEE expressly agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described real property of the CITY, by virtue of the rights granted under this License Agreement, LICENSEE's occupancy or use under this Agreement, or any other basis. 5. Conditions on Operations. This License Agreement is subject to the following conditions throughout the term of the Agreement: a. The Millennium Plaza Project and associated improvements shall at all times be devoted exclusively to public use and purposes and shall be open to all members of the public without any costs or restrictions whatsoever, except as conditioned or limited by action of the Yakima City Council or duly issued order of the Yakima City Manager, or his or her designee. b.' There shall be no significant reduction in the number of parking spaces in the adjoining parking lot. c. There shall be no significant impairment in the function and use of the adjoining parking lot for parking purposes. d. During the performance of this License Agreement, LICENSEE shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, and/ or the presence of any sensory, mental, or physical disability in violation of any applicable federal, state, or local law. Without limiting the foregoing prohibitions against discrimination, LICENSEE shall at all times comply with the Americans with Disabilities Act of 1990, 42 U. S. C. § 12101, et seq. (ADA) and its implementing regulations, and Washington State's law against discrimination as codified in RCW Chapter 49.60 and its implementing regulations. e. LICENSEE shall at all times provide the CITY with advance written notification of all art forms and exhibitions and the process for selection thereof. The CITY may, in its sole and absolute discretion, determine whether any art forms and exhibitions are acceptable and/ or appropriate. LICENSEE shall not permit any obscene Page 2 (lk)agr/licersse/mdlemnum project/rp or indecent art forms or exhibitions to be placed or maintained on the real property described in Section 1 above. f. All construction and maintenance activities are subject to CITY permitting and scheduling approvals. g. LICENSEE shall submit to the CITY a written Maintenance Program for the long-term maintenance and upkeep of the Millennium Plaza, and shall provide the CITY with annual reports regarding the maintenance and operation of the Millennium Plaza. LICENSEE shall, at LICENSEE'S sole cost and expense, be responsible for all necessary maintenance and upkeep of the Millennium Plaza, to the satisfaction of the City, so long as this Agreement continues in effect. 6. Insurance Provided by LICENSEE. a. Commercial Liability Insurance. On or before the effective date of this Agreement, LICENSEE shall provide the CITY with a certificate of insurance as proof of commercial liability insurance, with a combined single limit for bodily injury and property damage claims in the amount of Two Million Dollars (S2,000,000.00). The certificate of insurance shall clearly state who the insurer is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the -CITY, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. The LICENSEE shall also provide the CITY with a true and correct copy of the said insurance policy on or before the effective date of this Agreement. Further, LICENSEE shall require all contractors and subcontractors to carry commercial liability insurance at the same coverages as specifiedin this paragraph, and the CITY shall be provided certificates of insurance as proof of said contractor/subcontractor commercial liability insurance policies.. Page 3 (lk)agr/license/millennium project/rp b. Directors and Officers Liability Insurance. The LICENSEE shall obtain a Directors and Officers Liability insurance policy with a minimum limit of One Million Dollars ($1,000,000.00) and a maximum retention of Ten Thousand Dollars ($10,000.00). On or before the effective date of this Agreement, the LICENSEE shall provide the CITY with a true and correct copy of said insurance policy. The definition of insured under said policy shall include the LICENSEE, its individual directors, officers, trustees, employees, and volunteers. Said policy shall have a retroactive date on or before the effective date of this Agreement. Coverage under said policy shall remain in full force and effect for a one (1) year period after the expiration/termination date of this Agreement with the same retroactive date either through renewal policies or "tail" coverage on the current policy. c. Commercial Automobile Liability Insurance. On or before the effective date of this Agreement, LICENSEE shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance, for all owned, hired, and non -owned vehicles, with a combined single limit for bodily injury and property damage claims in the amount of One Million Dollars ($1,000,000.00). The certificate shall clearly state who the insurer is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right updn the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. d. Workers' Compensation. The LICENSEE agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of the LICENSEE's workers' compensation coverage will be furnished to the CITY. The LICENSEE holds the CITY harmless for any injury or death to the LICENSEE's employees while performing this contract. 7. Status of LICENSEE. The LICENSEE and the CITY understand and expressly agree that the LICENSEE is an independent contractor in the performance of each and Page 4 (Ik)agr/license/millennium protect/rp every part of this Agreement. LICENSEE and its employees and volunteers shall make no claim of CITY employment nor shall claim any related employment benefits, social security, and/ or retirement. 8. Compliance with All Laws. The LICENSEE shall perform all services required pursuant to this Agreement in compliance with applicable federal, state, and local ordinances, codes, regulations, statutes, and laws. 9. Indemnification. LICENSEE shall protect, defend, indemnify, and hold the CITY, and its agents and employees, harmless from and against any and all claims, lawsuits, damages, expenses, and liabilities (including reasonable attorneys' fees and disbursements) for personal injuries, property damage, or for loss of life or property resulting therefrom, which in any way arise from or are connected to or related to the condition or use of the real property covered by this License Agreement during any phase of construction activities. 10. Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by registered or certified mail, postage prepaid, if sent to the party, or hand delivered to the party, at the following addresses. CITY LICENSEE City of Yakima Attn: Dick Zais, City Manager City Hall 129 North 2nd Street Yakima, WA 98901 Allied Arts Council of Yakima Valley Attn: Elizabeth Herris-Miller Executive Director 5000 West Lincoln Yakima, WA 98908 11. Assignment or Sublicense. No assignment or other transfer of the license granted under this Agreement, or any interest in such license, and no sublicense for any purpose shall be made or granted by LICENSEE without the express, prior, and written consent of the CITY. Page 5 (Ik)agr/license/nullcnnim project/rp 12. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at Yakima, Washington on the date indicated below. CITY OF YAKIMA By: R. A. Zais, Jr. City Manager Date: a t-% a 00 0 ATTEST:*f""°'~.rq {/t/ l.J[i•y�./ /C/�,jJ �+ t ^n vt City Clerk City Contract No. 2000-68 Resolution No. R-2000-101 Page 6 (Ik)agr/hectic/milleruvum project/rp ALLIED ARTS COUNCIL OF YAKIMA VALLEY BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 71- Item No.: /5 For Meeting of: August 15, 2000 ITEM TITLE: Resolution amending Millennium Plaza Project License Agreement between Allied Arts Council of Yakima Valley and the City of Yakima SUBMITTED BY: Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Ray Paolella, City Attorney (576-6325) SUMMARY EXPLANATION: At your meeting on May 16, 2000, the Council approved a license agreement with Allied Arts Council of Yakima Valley for construction of the Millennium Arts Project on North 3`d Street. This Agreement authorized Allied Arts to construct the Millennium Project on City property and established the requirement that Allied Arts would maintain the project in perpetuity. It has recently become clear that Allied Arts cannot feasibly commit to the long-term maintenance of the plaza themselves. Such a commitment would require ongoing operating funds for staffing, insurance and other administrative costs (which is a problem in, and of itself, because Allied Arts has been unable to secure long term liability, auto and Directors and Officers (D & 0) insurance for a City owned public plaza). A non-profit cannot commit to a future as long as "in perpetuity." Allied Arts has requested Council approval of amendments to their license agreement that would: 1) Require them to establish a trust fund or other financial vehicle acceptable to the City Manager to provide the long-term commitment to pay for the maintenance of the plaza. The intent is to provide a source of private financing legally established outside of the non-profit which is not dependent, upon the future financial health or existence of Allied Arts, and 2) Delete the requirement that Allied Arts maintain liability, auto and D & 0 insurance after they have completed the project, it has been accepted by the City, and the City Manager has approved the long term financing instrument established by Allied Arts to fund the City's cost of maintaining the plaza. Resolution X Ordinance Contract Other Specify Funding Source: City Manager APPROVAL FOR SUBMITTAL: STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: ACORDh, CERTIFICATE OF LIABILITY INSURANCE 05/22/20 1 POLICY NUMBER PRODUCER (509)965-2090 FAX (509)966-3454 Conover Insurance, Inc. 125 N. 50th Ave. P.O. Box 10088 Yakima, WA 98909-1088 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Allied Arts Council of the Yakima Valley, Inc. 5000 West Lincoln Avenue Yakima, WA 98908 I INSURERA. American States Ins. Co. INSURER B: INSURER C: INSURER D- INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 02CC083009 02/28/2001 02/28/2002 EACH OCCURRENCE $ 1,000,000 A FIRE DAMAGE (Any one fire) $ 200,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 —1 POLICY PRO LOC jrEC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY T- E TH I-JMITS ER R TORY LIMITS TOR E.L. EACI; ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS THE YAKIMA MILLINIUM PLAZA. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF YAKIMA, IT OFFICES, EMPLOYEES AND AGENTS ATTN: BILL COOK 200 SOUTH 3RD STREET YAKIMA, WA 98901 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Randy LaRiviere/SHELLE ©ACORD CORPORATION 1988 COi\f74-21.{' / /\.7(), 27,/ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: For Meeting of: May 16, 2000 ITEM TITLE: Consideration of a Resolution Executing a License Agreement with Allied Arts Council of Yakima County for the Millennium Plaza Project. SUBMITTED BY: G ` am ook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION At the February 15, 2000, Council meeting, Allied Arts Council of the Yakima Valley submitted a request to Council to authorize development of a formal proposal to construct and maintain a public plaza within the boundaries of City parking lot #2 on South 3'd Street. This request was accompanied with a letter of endorsement from the Downtown Area Redevelopment Committee (DARC) representing the Parking and Business Improvement Area (PBIA) that provided funding for the construction and continues to finance the maintenance of this and four other public parking lots in the downtown area. Included in the Allied Arts request to Council were two commitments: 1) the plaza would not reduce the number of parking spaces within the lot, and 2) the construction and long term maintenance of the plaza would not require any local City funds (currently estimated at $750,000). With Council's support in February, Allied Arts has proceeded with efforts to design and finance this project with an understanding that Council reserved the right to give final approval for the Millennium Plaza through a License Agreement between the City and allied Arts (see attached). During the intervening time, the following has been accomplished: • Two public meetings to receive comment on the proposed plaza. (see attached notes) • Initial fund raising efforts totaling $193,000. Please note the public fund raising campaign will not begin until Council approves a License Agreement. • Formal call to the community for words, objects or ideas that should be incorporated into the plaza • Negotiation of the attached License Agreement Continued on next page Resolution X Ordinance Contract Other Specify Funding Source: APPROVAL FOR SUBMITTAL: City Manager Peit, STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 North Second Street Yakima, Washington 98901 Fax (509) 575-6105 William R. Cook, Director Memo To: Mayor and City Council From: iiCfn Cook, Director, Department of Community Economic Development Date: May 15, 2000 Subject: Millennium Plaza - Council Agenda Item #9 Included in your Council Packet for the May 16, 2000 Agenda, Item #9, is a proposed license agreement between the City of Yakima and The Allied Arts Council of Yakima Valley. The Agreement on page 1, Section 1, "Grant of License", references an Exhibit A including plans and specifications for the proposed plaza. As indicated in the Agenda Statement for the item, Exhibit A is being distributed to you under cover of this memorandum. Included are the following: 1) Transmittal memo from Elizabeth Herres Miller, Executive Director of Allied Arts. 2) Artists drawing of proposed plaza with notes explaining materials and design elements. 3) Scale drawing (reduced to 8-1/2 x 11) of existing parking lot configuration. 4) Scale drawing (reduced to 8-1/2 x 11) of proposed parking lot layout with plaza. 5) Photo montage of proposed plaza overlayed onto photo of parking lot taken, looking West, from the roof of the Capitol Theatre. 6) Artist's example of a basalt pedestal with irrigation valve wheel permanently placed on top. Representatives of the Allied Arts Council of Yakima Valley and the architectural firm of Davis, Opfer, Raab Architecture PLLC will be at your meeting on Tuesday to answer questions. Cable T V 575-6092 • Code Administration 575-6121 • Engineering 575-6111 • Neighborhood Services 575-6/0/ • Planning 575-6183 Yakim 'ill! 1994 4e111' 4 Washington's Millennium Project Allied Arts Council of YakimaVallev Uslno the power of art, people. and community to reflect upon the past and envision our future. Steering Cotnnittee William E. Merriman, Vice President Shields Bag & Printing Mayor and City Council: Bill Cook, Community and Economic Dec. Dir City of Yakima Curtis King. President King Brothers Woodworking Deb Treusdell, Marketing Manager Yakima Herald -Republic Emily Washines, Miss NCAI Yakama Nation Jan Bailer, Assistant Manager Washington Mutual Kathy O'Meara-Wnan, Owner O'Meara -Wyman & Associates Peggy Lewis A • is Advocate Moen, President .ert H. Moen Company Darci Swanson, Partner CPC International Apple Company Dong Rich, Owner Prestige Realty George Finch Journalist Jane Gutting, Superintendent Educational Service District #105 Representative Mary Skinner 14th Legislative District Washington State Arts Commission Maggie Perez, Program Assistant for the Women's Program Yakima Valley Community College Bob DiPietro, Sr Smith, Phillips & DiPietro Patrick Leach, Director Studio 99 Russ Div, Vice President Idea Marketing Ken Messer General Manager KIMA Television Elizabeth Herres Miller Evecutire Director Allied Arts Council of Yakima Valley May 15, 2000 We hope that we have provided sufficient information to the Council to clarify the components of Washington's Millennium Project. We believe that the Millennium Plaza will add to the energy and effort to enhance the core downtown. We look forward to the Council's acceptance of the licensing agreement. As part of moving forward with this Project, we would like the Council's permission to put a construction sign on the site. Our understanding is that the sign must be no more than 32 square feet (4 feet by 8 feet). This sign would clarify for the public that this would be the permanent site. The sign would not interfere with any parking. Thank you for all your consideration and support for this Project. Cordially,. Elizabefl'I Herres Miller Executive Director ill WHITE HOUSE ATIN11[1 Heno the Past- imagine theFNure FOUNDATION NATIONAL ENDOWMENT FOR THE ARTS Artists & Communities America Creates for the Millennium is made possible by major funding from the National Endowment for the Arts.The Charles E Culpeper Foundation and the John S and James L Knight Foundation Additional support is provided by The Prudential Foundation, the Earle I. Mack Foundation. andl he Brimstone Fund. • Washington's Millennium Project "The Water of Life" Design Detail Presentation For Yakima City Council Four basalt blocks, each about 10' high with trickles of water running down the front. OA tank of water, about 6' high, lit inside, covered with bronze plating, and a bronze sculpture of the Cascade Range on top. cOSeven or eight basalt columns, between 1' and 5' high, serve as a pedestal for bronze castings of actual objects and tools used by men and women in the Valley. OA fountain with three sprouts, encased in bronze, topped by a bronze sculpture of rows of fruit trees. fitt t JTwo concrete walls sloping from 9' to 4', containing about 24 glassed -in cases, each holding an object or piece of artwork selected from contributions from the people of the community. ;The course of the Yakima River, from Selah to Zillah, in a covered trench with fiber optic light underwater. Fiber optic light with changing colors that move to the rhythm the circular "friendship dance" of a Yakama Pow -Wow, approximately 30' in diameter and 15' high. Representative plantings and seatings. Details to be worked ou as the project progresses. C ) i 2'D I5T. i i , //////////f 2/////////)_51 CHESTNUT AVE. EXISTING PARKING LOT PARKING PROVIDED • 189 SPACES SCALE 'k 0' kV 70' 40 3'® 5T. 0 NORTH iia%i %% ///iii% CHESTNUT AVENUE WASHINGTON'S MILLENIUM PROJECT MILLENIUM PLAZA PARKING LOT RECONFIGURATION SCALE NET CHANGE IN STALLS 089 TO 194) •5 STALLS ri 0' 10' 20' 40' 80' NORTH PARKING LOT LAYOUT TO MEET CITY OF YAKIMA ENGINEERING DEPARTMENT REQUIREMENTS. • • The Water of Life, concept for the Millennium Plaza for Yakima, Washington South Third Street at E. Yakima and E. Chestnut Artist: Wen -ti Tsen, Allied Arts Council of Yakima • • • y s•• ,�' ,. r Downtown Area Redevelopment Committee Jar Arcand Co-chair Herbert Hill Joe Mann Don Moen William Moultray Co-chair Joseph R. Morrier, Jr Patrick Gilmore Ms.Terry Powell Mel Lewis Steve Caffery Yakima City Code Chapter 1.37 Sections: 1.37.010 Downtown area redevelopment committee created -Duties. A downtown area redevelopment committee is created as an advisory committee to make recommendations to the city council concerning policy matters related to the downtown core area of the city consisting of the area bounded by 1st street on the west, Naches Avenue on the east, B Street on the north and Walnut Street on the south. The committee shall perform the following specific duties: 1. Study, consider and recommend plans for development of the downtown core area; 2. Review, on an ongoing basis, current legislation pertaining to parking enforcement in the downtown core area and make recommendations related thereto; 3. Identify issues and problems related to parking and other concerns within the downtown core area and recommend policies with regard thereto; and 4. Perform other related activities as requested from time to time by the city council. (Ord. 2402 1 (part).1980). Millennium Project DARC Meeting 1/6/2000 Allied Arts made a presentation to inform DARC that they would like to do a survey of Lot#2 as a site possibility for the Millennium Project. DARC stated that any project within Lot#2 must comply to No Net Loss of Parking Spaces. General consensus of DARC was to form a subcommittee to assist with the Millennium project to survey and study the parking lot site across from the Capital Theatre. DARC Meeting 2/3/2000 Doug Rich representing Allied Arts for the Millennium Project presented a proposal: an alternative configuration of Lot#2 to accommodate the Art Plaza and avoid losing any parking spaces. A motion to endorse the Millennium Project using Parking Lot#2 was approved unanimously. A letter of such endorsement was signed by DARC committee members and forwarded to City Council. Copy of that letter attached. DARC Meeting 3 /2 /2000 Concerns of the legal use issue of Parking Lot#2 were discussed. Bill Cook reported that City Attorney and City Engineer had reviewed these issues. A motion to co-sponsor a Town Hall meeting with Allied Arts regarding the Millennium Project was passed unanimously. Also, a motion that DARC recommend to City Council to seek a declaratory judgment concerning the Millennium Project was passed unanimously. DARC Meeting 4/6/2000 A petition opposing the use of Parking Lot#2 was delivered to the DARC committee. There was no opposition to the actual project but rather: parking issues. Concerned citizens expressed that the plaza might be located elsewhere, thus leaving Parking Lot#2 exclusively for parking. An opinion was expressed that if Downtown did not have a parking problem, then there would be no confrontation of such to the Millennium Project. DARC was created to review parking issues and problems on an ongoing basis. Discussions of parking issues should not be confused or misunderstood with the fact that: DARC unanimously passed a motion to endorse the Millennium Project within Lot#2. That motion has not been changed. Bill Moultray Downtown Area Redevelopment Committee Co-Chainnan Jar Arcand Herb Hill Steve Caffery Co -Chairman Bill Moultray Terri Powell Mel Lewis Joe Morrier, Jr. Pat Gilmore Joe Mann Don Moen February 3, 2000 The Yakima City Council Yakima, WA 98901 RE: Use of the Third Street DARC Parking Lot Dear Council Members: We, the Downtown Area Redevelopment Committee support the development of a permanent freestanding public art piece reflecting our history to be located in the parking lot across from the Capitol Theatre. The sculpture — tentatively called the Millennium Plaza is being proposed by the Allied Arts Council of the Yakima Valley. Our community was selected as the location for Washington's Millennium Project — one of only 50 cities nationwide to receive this honor. The Plaza will be (approx.) 88' x 110' and is intended to be as much as a public gathering place as an art piece. The Allied Arts proposal is able to create this space without the loss of any parking stalls in this lot. Grants and a public fund raising campaign will fund and maintain it, and, it will be completed this year. We also see this improvement as a positive attraction to Downtown, and, a complimentary piece to the Capitol Theatre neighborhood. We encourage the City Council to approve the improvement of this site by Allied Arts. Sincerely, The Undersigned Members of D.A.R.C. parking Cityeakima Mosaic of Digital Orthophotography flown 03/12/94 0 30 Created: May 10, 2000 60 Notes from Millennium Project Presentation Meeting March 16, 2000 — 5 p.m., Council Chambers 1) No change in western end of existing parking lot that requires turning onto 2nd Street 2) Increasing foot traffic reduces crime 3) Removal of alley requires more turns on 2nd Street 4) Lot #2 is full in the evenings 5) Instead of plaza increase parking spaces 6) YPD would like access to lot from Chestnut 7) No new problems for police or fire but check driving widths and curb radii.