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HomeMy WebLinkAboutR-2006-027 Amendment to Committee for Downtown Yakima Management and Promotion AgreementRESOLUTION NO. R 2006 - 27 A RESOLUTION authorizing and directing the City Manager to negotiate and execute an amendment to an agreement between the City of Yakima and the Committee for Downtown Yakima regarding the redevelopment of downtown Yakima. WHEREAS, on May 11, 2005, the City entered an agreement with the Committee for Downtown Yakima regarding the redevelopment of downtown Yakima; and WHEREAS, said Agreement provided for funding to assist the Committee in fostering the redevelopment of downtown Yakima and serve as a focus of efforts to promote residential and economic development and tourist activities vital to the local economy; and WHEREAS, . the City recognizes the Committee's achievement of a Targe number of pledges in support of their goal of $300,000.00 and desires to move the project on to Phase II; and WHEREAS, the City Council, deems it to be in the best interest of the City of Yakima to amend the attached agreement with the Committee for Downtown Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized to negotiate and execute an amendment to the "Committee for Downtown Yakima Management and Promotion Agreement" subject to Legal and Finance review and approval as to form. ADOPTED BY THE CITY COUNCIL this 7th da of March, 2006. ATTEST: City Clerk David Edler, Mayor COMMITTEE FOR DOWNTOWN YAKIMA MANAGEMENT AND PROMOTION AGREEMENT This Committee for Downtown Yakima Management and Promotion Agreement (hereinafter the "Agreement") is entered into by and between the City of Yakima, Washington, a municipal" corporation (hereinafter the "City"), and the Committee for Downtown Yakima, a Washington non- profit corporation (hereinafter "Committee"). Whereas, the Committee is in the process of recruiting and hiring an interim director, creating operating and executive boards, and completing a capital funding campaign, and will thereafter embark on programs and activities related to the redevelopment of downtown Yakima. The City desires to assist the Committee in these endeavors in accordance with the terms and conditions of this Agreement. Whereas, the Committee is a non-profit corporation whose membership desires to foster the redevelopment of downtown Yakima and serve as a focus of efforts to promote residential and economic development and tourist activities which are vital to the local economy. The Committee is willing to use the funds designated herein and manage the Committee for Downtown Yakima in accordance with the terms and conditions of this Agreement. Now, therefore, in consideration of the mutual covenants, promises, and conditions set forth herein, it is agreed by and between the City and the Committee as follows: 1. Scope of Work. Phase I. An initial budget of up to $75,000.00 shall be utilized by the Committee to hire an interim director for a period not to exceed 18 months. During Phase I the Committee shall: a. Develop a job description for the new director b. Assist in recruiting, selecting, and hiring a new director c. Build an operating board d. Build an executive board e. Complete capital funding campaign Phase II. Contingent upon a successful capital funding campaign the Committee shall enter into Phase II of this agreement which will access up to $300,000.00 of additional City funds matched with $300,000.00 to be raised by the Committee, the total of which will be expended over a period not to exceed 42 months. Work to be completed during Phase II: a. Secure additional support from grants and sponsorships -1- b. Serve as catalyst for continued downtown residential development c. Initiate clustering and subdistrict efforts for downtown d. Develop and implement marketing plan P. Package downtown r...__.- -. ac .age downtown experiences for local residents and visitors f. Develop on-going communication tools to involve community and volunteers and to promote successes. g. Recruit new businesses for downtown h. Build community/region — wide support for downtown i. Develop and- implement a business plan to assure organizational sustainability of the long term. Advise the City regarding commercial and community sector needs relative to urban development policies. J. Report of A twit; The Committee shall submit to the City Council during February of each year a written report addressing management, opera«ion_l and promotion aspects of its performance of the obligations pursuant to this Agreement during the prior year. 3. Term of Agreement. This Agreement shall commence upon full execution by the parties and shall continue in duration until terminated by either party. Either party may terminate this Agreement, with or without cause, by providing the other party with written notice of termination at least ninety (90) calendar days prior to the termination date. 4. Financial Assistance. a. Phase I Financial Assistance. During Phase I as more fully described above, an initial budget of up to $75,000.00 shall be utilized by the Committee to hire an interim director for a period not to exceed 18 months. This funding shall be immediately available to the Committee. Until arrangements acceptable to the Committee and City have been reached regarding disbursement of the initial funding, the Committee shall submit monthly billings or invoices to the City for payment of its expenses incurred and allowable under this agreement. Payment of any portion of the financial assistance is expressly conditioned upon the services provided being satisfactory to the City, and upon the availability of funds. b. Phase II Financial Assistance. Contingent upon a successful capital funding campaign, the COn1TYlittP.P. chap --t-- enter into Phase 11 of this agreement which will allow the Committee to access up to $300,000.00 of additional City funds, to be matched with $300,000.00 raised by the Committee, these amounts all to be expended over a period not to exceed 42 months. The City's funding obligation for future years is limited to an amount that matches the funding secured, or to be secured, by the Committee, and not to exceed $300,000.00. The Committee shall be able to access the future funding offered by the City at any point in the 42 month period of Phase 11, so long as the Committee demonstrates to the satisfaction of the City that the Committee has obtained pledge =2- commitments sufficient to satisfy the Committee's matching obligation as stated herein. Again, payment of any portion of the financial assistance is expressly conditioned upon the services provided being satisfactory to the City and upon the availability of funds. c. Other Funding. Throughout the term of this Agreement, the Committee shall diligently seek and obtain other funding from other sources (e.g., sponsorships, federal and state grants) to operate, manage and maintain the Committee and its facilities and so as to ensure the continued viability of the Committee as an independent entity. 5. Records and Accounts. The Committee shall maintain (in accordance with generally accepted accounting practices) books, accounts, records, documents and other materials related directly or indirectly to the costs, expenses and revenues of the management, operation and maintenance of the Committee and its facilities under this Agreement. All such books, accounts, records, documents and other materials shall be subject to inspection and audit at reasonable times by representatives of the City and/or of the Washington State Auditor. The Committee shall make such books, accounts, records, documents and other materials available and afford the proper facilities for such inspection and/or audit within forty-eight (48) hours of inspection/audit notification from City representatives and/or the Washington State Auditor. Such books, accounts, records, documents and other materials may be copied by representatives of the City and/or of the Washington State Auditor as part of such an inspection/audit. The Committee shall preserve and make available all such books, accounts, records, documents and other materials for a period of at least three (3) years after termination of this Agreement. 6. Insurance. a. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Committee shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. 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. 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. b. Industrial Insurance. The Committee shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Agreement, the Committee shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. 7. Hold Harmless and Indemnification. a. The Committee agrees to protect, defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and -3- expenses (including attorneys' fees and d+sburvvmrntsl caused by or occurring by reason of any negligent act and/or omission of the Committee, its officers, employees, agents, and/or subcontractors arising under this Agreement. b. In the event that both the Committee and the City are negligent, the Committee 's liability for indemnification of the City shall he limited to the ri contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) that can be apportioned to the Committee, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this Agreement shall be construed to vest a right of indemnification in any third party. d. The provisions of this Section shall surviVe the termination or expiration of this Agreement. 8. No Liability Insurance Provided by City. It is understood the City does not maintain liability insurance for the Committee and/or its officers, employees, agents, andi„r subcontractors. 9. Independent Contractor Status of Committee and its Agents. The Committee and the City understand and expressly agree that as to the City, the Committee and its officers, employees, agents and stibcontractors are independent contractors in the performance of each and every part of this Agreement. The Committee, on its own behalf and that of its officers, employees, agents and subcontractors, expressly represents warrants and agrees that their status as independent contractors in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The Committee, as an independent contractor, the -----r---�-.�•.. vvaau uv LVle assumes entire 7TP. r (�Yl/�n iH i�fty for S��^^�' elJ o s1 L1�11L 1V1 carrying out and completing the matters contemplated by this Agreement. The Committee shall be responsible for ensuring that all employees, agents and subcontractors are licensed and authorized to operate the equipment necessary to perform this. Agreement, with all required fees and permits paid and in good standing, in accordance with law. The Committee and its employees shall make no claim of City employment nor make any claim against the City for any related employment benefits, social security, and/or retirement benefits. 10. Taxes and Assessments. The Committee shall be solely responsible for compensating its officers, employees, agents, and/or subcontractors and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by iaw or assessed against either party as a result of the Committee's management, operation and maintenance of the Committee and its facilities. In the event the City is assessed a tax or assessment as a result of this Agreement, the Committee shall pay the same before it becomes due. 11. Non -Discrimination. During the performance of this Agreement, the Committee shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, promotion, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the management, operation and maintenance of the Committee and its facilities under this Agreement. 12 Americans with Disabilities Act. The Committee shall 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 anti -discrimination law as contained in RCW Chapter 49.60 ("WLAD") and its implementing regulations, with regard to the management, operation and maintenance of the Committee and its facilities under this Agreement. The ADA and the WLAD provide comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. 13 Compliance with Law. The Committee shall manage, operate and maintain the Committee and its facilities under this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Furthermore, the Committee shall not use any City provided funding to make loans, grants or gifts to public or private entities, or in any other way as to violate any local, state or federal law, rule or regulation. Violation of this provision shall be cause for immediate termination of this Agreement and the Committee shall repay to the City any funds transferred in violation of the law. 14. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Committee to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Committee as stated herein. 15. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. -5- c, Should the City determine that the severed portions sub twrtiululy alter this Agreement eit so that the original intent and purpose of the Agreement no longer exists, the City may, in its sole discretion, terminate this Agreement. 16. Non -Waiver. The waiver by the Committee or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter from enforcing any such provision. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand - delivered to the parties at their addresses as follows: To City: City Manager City of Yakima 129 North Second Street Yakima, WA 98901 To Committee: Chairman/president Committee for Downtown Yakima C/o Yakima Valley ivluseum 2105 Tieton Drive Yakima, WA 98902 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 18. UUA Yli'Al, Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the teim or expiration of this Agreement and shall be binding on the parties to this Agreement. 19. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of both parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 20. integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such fowler agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no teliiis, conditions, or agreements with respect thereto except as herein provided and no -6- amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA, WASHINGTON By: Date: ick Z City Manager ATTEST: By: �ie Date: City Clerk CITY CONTRAC r N0 RESOLUTION NO: -7- COMMITTEE FOR DOWNTOWN YAKIMA By: {/ Its: Date: Chaiinian/President 51/1)o - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of March 7, 2006 ITEM TITLE: Report from Committee for Downtown Yakima regarding 2006 Downtown Renewal Work Plan: A. Consideration of Resolution authorizing the negotiation and execution of an amendment to the Committee for Downtown Yakima Management and Promotional Agreement B. Consideration of Ordinance amending the 2006 budget and appropriating funds for the City's contract with the Committee for Downtown Yakima consultant services (read ordinance only at this meeting; second reading scheduled 3 21/06) SUBMITTED BY: iam Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: (509) 575-6113 The City of Yakima entered into a Management and Promotion agreement (See attached) with the Committee for Downtown Yakima per Council Resolution 2005-71. This contract includes two phases: Phase I $75,000 grant to fund a temporary manager for up to 18 months to develop the organization structure and raise matching funds for Phase II. Phase II $300,000 grant to match funds raised by the Committee for staffing and operations of the non profit downtown management organization The Committee for Downtown Yakima has completed Phase I in approximately six months, has submitted their February annual report as agreed to in their contract with the City, and requests Council's approval to proceed with Phase II and approve a budget of $165,000 in the 2006 City budget for anticipated matching City funds to be spent this fiscal year. [Please note; the 2006 City budget already includes $75,000 for Phase II of this contract] A. Contract Amendment: By the attached resolution we are requesting Council authority for the City Manager to negotiate and execute an amendment to the 2005 agreement to clarify the "mechanics' of the disbursement of funds under this new phase as the Committee hires staff and grows in size and complexity. Continued to next page Resolution X Ordinance X Other (Specify) Funding Source 123 - Economic Dopment Fund ($55,000) and 161-PBIA fund ($35,000) APPROVED FOR SUBMITTAL: �� -:a . City Manager STAFF RECOMMENDATION: 1) Approve Resolution authorizing the City Manager to negotiate and execute an amendments to the contract with the Committee for Downtown Yakima; 2) Read Ordinance by title only at the March 7, 2006 meeting, Pass Ordinance after the second reading at the March 21, 2006 meeting. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (A) Resolution adopted. RESOLUTION NO. R-2006-27 (B) First reading of ordinance; second scheduled 3-21-2006 B. Appropriation of Funds: The attached ordinance increases the current appropriation by $55,000 in the Economic Development Fund, and $35,000 in the Downtown Paring and Business Improvement Areas Fund. This appropriation is within the scope of the original commitments made for this downtown revitalization initiative and together with the $75,000 currently budgeted will provide budget authority for the total $165,000 requested by the Committee for Downtown Yakima. Committee for Downtown Yakima 7 Nortli 5rd Street P.Q. box 881 Yakima, WA 98907 509-225-2.4-85 Memorandum February 23, 2006 To: Yakima City Council and City Manager From: Doug Picatti, President, Committee for Downtown Yakima Re: March 7, 2006, Council Meeting Packet and Presentation Attached please find a packet of information from the Committee for Downtown Yakima to be included in the City Council packets for the March 7, 2006 Council Meeting . The Committee for Downtown Yakima will make a short presentation. The attached documents include: 1. Notes from the Power Point Presentation 2. Detailed 2006 Committee for Downtown Yakima Work Plan 3. 2006 Budget for the Work Plan 4. List of Board members for the Committee for Downtown Yakima 5. List of Board members for the Downtown Yakima Foundation Board a Committee for Downtown Yakima Operation Downtown Renaissance Council Presentation March 7, 2006 "To lead and implement the renaissance of downtown, making it the premiere gathering place of central Washington." Cora Purpose o!the Committee for Do ,town Yakima i ri tAi 9}A Barriers to Vision 2002/2003 Lemaster & Daniels work • Concern for Safety • Lack of Unified Vision • Resistance to Change • Poor Self -Image, Skepticism • Fragmented Leadership CDY and City of Yakima Contract Two Phases Phase 1 Initial budget of $75,000 – Interim Management • Develop long term staff and management • Assist in recruiting, hiring and training new staff – Build an operating and executive board (Oraanization Infrastructure) –Complete capital funding campaign A Downtown Vision 2002/2003 Lemaster & Daniels work Downtown Will Be: • A Gathering Place • Culturally and Ethnically Integrated • Provide Opportunities for both Education and Commerce • Clean and Safe with a recognizable Brand • Provide Increased Residential Housing International Downtown Association Recommendations • Build an Effective Downtown Organization — Management, Board, Programs, Budget • Create a Vibrant Downtown — Experience Economy — Density Downtown — Build Relationships — Develop Housing — Enhance and Connect Sub -districts — Market downtown Effectively • e 4. CDY and City of Yakima Contract Two Phases • Phase 2—matching grant to CDY $300,000 — Raise up to $300,000 to be matched by the City up to $300,000 — Develop work plan and implement downtown programs 1 Committee for Downtown Yakima (CDY)—Operational Board • The lead implementation organization for downtown revitalization programs. • The lead advocacy group for downtown issues. • Board of 10-19, comprised of representatives from downtown groups. *X a k 4 9i Downtown Yakima Foundation (DYF)—Funding Board • The lead downtown planning group driving the change in downtown. • Downtown venture capital activities • Non-profit development organization and activities. • Board of 10-12 "Founders - Investors" 1 4 k a k 4 a� Operation Downtown Kenaissance 2006 Work Plan k 4 4k Committee For Downtown Yakima Board Members Doug Pirari. Pike &alas in,- West $a Meth . s Janie Stickel. Yetis HemadRep.mlc-Yakima Dmmaown Assocition John Bala. Yakima Verb/ AWset. Kathy Cr... Yakima Vale) Vaib.s end Camawba. Bureau Jack Caw. Desya LM - Westside Maaards Bertram Gmeco, For a Betted Tmarax Jae Man. Rina Coins and CalacWla 12fit3GetT MCGree. JEM Dereepmma hike AY:Mna.. Yakima ems Abe Ab.isele, Yakima Clamber a Cwmrerce Dale Peak. Cele MUage- H.Avg Frail Street AssocWm Crag Rah, Member el Lags Almmuca Wryia. Yakiin Vaca/ Rapwal Lb.ary TBDCM Caeca Represent* TBD CyP .roger a dcaignee Camay Cannasinnar Repeseaame *kat X4 4X Downtown Yakima Foundation Board Members 2.22.06 (5 seats to fill) • Rick Linnewah, Memorial Hospital • Joe Morrier, JEM Development • Jay Finnegan, Yakima Regional Hospital • Mike McMurray, Short Season LLC • Mike Shepherd, Herald Republic (Pending) • TBD from library, museum, or CBV • Rich Thornton, Moss Adams (Pending) 1 4 X a X4 A' Creating the Environment for Investment in Downtown The proposed work plan for 2006 is divided into three elements: — Communication — Improving the downtown user experience — Economic development Each of these elements is crucial to achieving the goal of making Yakima the Premier Gathering Place of Central Washington. The work plan defines specific programs to be implemented within each of the elements. The work plan also defines appropriate staffing levels and budgets necessary to achieve the 2006 work plan. aka k 4 2 1. Communication Strategy Focus of Communication...lssues to be Addressed Change the perception of Safety in Downtown Change the perception of Downtown as a place to do business Reinforce Downtown as the Community Gathering Place Build oride in Downtown — Community support !I. Improving the Downtown User Experience A. Safe Programs Implement a Security/Ambassador Program (Pilot program begins mid May for 24 weeks) • Improve communication and problem solving with social service agencies and the police department • Encourage and support the police department in its efforts to expand its force. Encourage community policing/walking patrol downtown. Develop a regular task force with police and downtown businesses. Get Understanding. wnat other probiems are there that are contributing to the perception? e. drugs, homeless, kids, etc ) 11. Improving the Downtown User Experience C. Community Gathering Programs — Pro -active outreach to other organizations to facilitate the creation of new events in downtown. — Work with existing event producers to grow and expand the current line up of events. — Art ac a liaicnn hatwapn event prnducers and public agencies to streamline event production. — Create an events/calendar on the web site and an events E-mail newsletter — Pro -actively market downtown events Communications Programs • Media Relations • Weekly Update • Monthly Newsletter • Speaking Circuit • Web Site • Business/Services Directory • Downtown Annual Meeting Market/Opinion Research • Market/Faciiitate Special Events II. Improving the Downtown User Experience B. Pedestrian Experience Improvements • Physical Environment Programs: — Support the Downtown Futures Initiative and its expansion to the Westside. — Work to improve all aspects of the pedestrian experience — Improve the pedestrian lighting in Downtown — Increase the number of sidewalk dinning venues — Facade Improvement Program — Work with City agencies and historic preservation and downtown property owners to encourage more facade improvements. II. Improving the Downtown User Experience D. Access Programs — Increase the number of on and off street parking spaces in downtown. — Work to improve the transit options to downtown and make transit easier for more people to use III. Economic Development A. Retail Development Programs • Retain and strengthen existing retail • Develop new retail in downtown. 4 �f l 111. Economic Development C. Core Residential Development Programs • Develop upper floor residential • Facilitate the development of a residential master plan for downtown. Staffing Urban Place Consulting Group • Executive Director — Urban Place • Communications Director (starts 4/1) • Development Director (starts 6/1) *Xq( X 111. Economic Development B. Office Development Programs - Develop programs to address the needs of tenants and office workers. • Work with the County to retain downtown location. • Develop track occupancy rates. • Develop a database of properties that provide office space, program to proactively recruit new office tenants to downtown. k `K k 4 x4,f III. Economic Development D. Residential Neighborhood Development Develop a partnership with the City to focus resources on the downtown neighborhoods. • Identify public and private sources of funds to invest in the neighborhoods. - Create a property improvement program for owners. • Proactively seek developers and owners to work in downtown neighborhood. 4kk i k 4 4i Implementing Resources Budget — 2006 Work Plan Program Expense • Communication • Improving the User Experience • Economic Development • Office • Administration • Total Expenses $80,900 $68,830 552,200 $17,900 $60,000 5299,830 4 Funding Request Vlly of 1 cinli I Id -Intel Committed Private Sector Funds $165,000 City Matching Funds $165,000 "To Make a Great Place Takes Commitment!" 1\4y ` To Make a Great Place Takes Commitment and Implementation. The Committee For Downtown Yakima is committed. The Downtown Yakima Foundation is committed_ The City of Yakima. ? 9 R, 5 Committee for Downtown Yakima 2006 Work Plan Operation Downtown Kenaissance "To lead and implement the renaissance of downtown; making it the premiere gathering place of central Washington." Core purpose of the Committee for Downtown Yakima February 8, 2006 Urban Place Consulting 1 Creating the Environment for Investment in Downtown The proposed work plan for 2006 is divided into three elements, communication, improving the downtown user experience and economic development. Each of these elements is crucial to achieving the goal of making Yakima the Premier Gathering Place o Central Washington. The work pIdn defines specific programs to be implemented within each of the elements. The work plan also defines appropriate staffing levels and budgets necessary to achieve the 2006 work plan. 2006 WORK PLAN IN SUMMARY L Cornmunication: Develop consistent communication on many levels to overcome the negative perception of Downtown and to communicate the positive change, the Renaissance that is occurring in Downtown. IL Improving the User Experience A. Safety: Develop programs and resources to focus on downtown safety issues. Create a safe environment that will overcome the negative perception and will attract users and businesses back to downtown. B. Physical Environment: Create a pedestrian friendly experience that attracts users to gather in downtown and connects the convention center to all the downtown attractions. C. Access: Improve automobile circulation to and within downtown. Increase on street parking options. D. Community Gathering_ Facilitate and encourage more community events in Downtown. III. Economic Development A. Retail: Develop programs to support existing Downtown retail. Develop strategic retail implementation plan to attract new retail to Downtown. B. Office: Develop programs to support existing office tenants and attract new office tenants to Downtown. Retain public uses City/County/State in Downtown. C. Residential Core: Facilitate the rehabilitation of upper floors in existing hi ....Jw va. Facilitate 3..w®ri4t%._ 1nNment on existing vacant downtown sites. Work to remove barriers and attract financial resources. D. Residential Neighborhood: Work with City and property owners to focus available resources on improving the downtown neighborhoods. Create a demonstration block and if necessary Downtown Yakima Foundation to act as a non-profit developer. Urban Place Consulting 4 2006 WORK PLAN IN DETAIL I. Communication Strategy and Work Plan 2006 Focus of Communication...Issues to be Addressed Change the perception of Safety in Downtown Change the perception of Downtown as a place to do business Reinforce Downtown as the Community Gathering Place Build pride in Downtown — Community support Communication Programs 1. Media Relations a. Press releases b. Media kit c. Write and place stories 2. Weekly Update a. One page b. E-mailed c. Board and close friends 3. Monthly Newsletter a. Two pages, probably grow to four pages b. E-mailed, mailed, hand delivered c. Board, City/County employees, elected officials, downtown businesses, downtown property owners. d. Could become stuffier in Herald or Business Journal 4. Speaking Circuit a. Service Clubs b. Non-profit boards c. Business meetings 5. Web Site a. Home page b. What's happening downtown page c. Directory of businesses and services page d. Economic development page e. Links to other downtown organizations Urban Place Consulting 3 6. Business/Services Directory a. Updated semi-annually b. Downtown map c. Downtown and regional distribution 7. nr,wntr,wn Ann' inl Mcting a. Keynote speaker b. Communicate the vision c. 2006 Budget and work plan. d. Spring of 2006 8. Market/Opinion Research a. Review existing survey work b. Yakima residents c. Regional residents 9, Market/Facilitate Special Events a. Other organizations produce events Urban Place Consulting 4 11. Improving the Downtown User Experience A. Safe Programs 1. Implement a pilot Security/Ambassador Program (24 weeks) a. The Ambassador Program will provide a uniformed security presence on the street. b. They will provide a friendly face that is also trained in security - related issues, first aid, and concierge -like services. In addition they will also be connected to the police and other emergency services via radio. c. They will be specially trained to know everything there is to know about downtown Yakima, making them an ideal source for providing directions, recommending a restaurant, where to see a live show or hear music. d. Ambassadors will be on bicycle and on foot. e. Program would run for 24 weeks from approximately May 15 to October 15 for the first year. 2. Improve communication and problem solving with social service agencies and the police department 3. Encourage and support the police department in its efforts to expand its force. 4. Encourage community policing/walking patrol downtown. 5. Develop a regular task force with police and downtown businesses. This task force will facilitate information sessions on security -related issues. For example, inventories of individual businesses and offer suggestions for safer business (i.e. clear windows to provide better visibility into store, seminar to deal with counterfeit checks, money, etc.) 6. Get Understanding, what other problems are there that are contributing to the perception? (i.e. drugs, homeless, kids, etc.) B. Pedestrian Experience Improvements Physical Environment Programs: 1. Support the Downtown Futures Initiative and its expansion to the Westside. a. Work to insure that there is funding for the maintenance of the improvements and landscaping. 2. Work to improve all aspects of the pedestrian experience. a. Inventory existing conditions b. Create a data base with those conditions and begin reporting to appropriate city departments for repair. 3. Improve the pedestrian lighting in Downtown a. Inventory lighting on the sidewalks, alleys and parking lots. b. Work to Increase lighting where necessary. Urban Place Consulting 5 c. Encourage up -lighting of historic buildings and lighting inside businesses. d. Investigate granting and other funding sources with local utility company. A Incr,.neQ fh nurnhor "f *1,.v.ik dinning von' I°Q. a. Research any current ordinances (change if necessary) b. Educate and encourage existing restaurants to expand onto sidewalk. 5. Facade Improvement Program a. Work with City agencies and historic preservation and downtown property owners to encourage more facade improvements. C. Community Gathering Programs 1. Work with other organizations to facilitate the creation of new events in downtown. 2. Work with existing event producers to grow and expand the current line up of events. 3. Act as a liaison between event producers and public agencies to streamline event production. D. Access Programs 1. Work with City agencies to eliminate the one way streets in downtown. 2. Increase the number of on and off street parking spaces in downtown. 3. Work to improve the transit options to downtown and make transit easier for more people to use. Urban Place Consulting 6 III. Economic Development A. Retail Development Programs 1. Retain and strengthen existing retail a. Form Downtown Retail Council to encourage retail business participation in creating and implementing retail support programs. b. Create downtown business directory (see communication plan) c. Create retail page on web site. (see communication plan) d. Support the creation of more downtown events. Improve the linkage between events and downtown businesses. e. Create co-op marketing opportunities for downtown businesses. f. Identify existing barriers or issues facing retail businesses and develop programs to address the issues. 2. Develop new retail in downtown. a. Develop strategic retail implementation plan to attract new retail to downtown. b. Develop database of properties that provide retail space, track occupancy rates. c. Proactively recruit new retail businesses to downtown. B. Office Development Programs 1. Develop programs to address the needs of tenants and office workers based upon a survey and inventory of office tenants currently in downtown. 2. Work with the County to: a. Retain existing County uses in downtown b. Create a development plan for County property in downtown. 3. Develop a database of properties that provide office space, track occupancy rates. 4. Develop program to proactively recruit new office tenants to downtown. C. Core Residential Development Programs 1. Develop upper floor residential a. Sponsor a residential development seminar bringing outside experts and local property owners and developers together. b. Work with the City to define issues and barriers to rehab construction and develop programs to address the issues. c. Create a demonstration project. d. Identify funding sources 2. Facilitate the development of a residential master plan for downtown. a. Identify potential development sites. b. Create development guidelines for new development Urban Place Consulting 7 D. Residential Neighborhood Development 1. Develop a partnership with the City to focus resources on the downtown neighborhoods. r`ron+e n rl/m,nt�irn�ir`n hI`.e.L Imes/4 nrnirrnm Gt. C;111 -c a4.4G11I II IOU aIwi 1 uw�n, 11 wucI JI %../y cal ai 1. 2. Identify public and private sources of funds to invest in the neighborhoods. 3. Create a property improvement program for owners. a. Low interest/grant loan program b. Architecture/construction consulting program 4. Proactively seek developers and owners to work in downtown neighborhood. Urban Place Consulting Staffing In order to implement the above programs the following professional staff must be in place. Interim Executive Director It is proposed that Urban Place Consulting continue to fulfill the role of executive director. Without long term consistent funding it will be very difficult for the Committee to attract an individual with the necessary experience to lead the Committee in the development of the work plan. The combined experience and expertise of Urban Place will enable the work plan to be implemented. Urban Place will continue to lead staff development and funding development. It is the goal of Urban Place to develop the staff and funding to a level that will allow the Committee and its programs to continue to grow without the on going involvement of Urban Place. Average 80 hours month. Communications Director The Communications Director will have experience in communications, marketing and promotions including the development of professional -quality promotional materials and securing relationships with media personnel. The Communications Director will have excellent public speaking, computer, writing, and communication skills. The Communications Director will be responsible for the following elements of the work plan: • Communication — All aspects, across all elements of the work plan. • Community Gathering In addition the Communications Director will work closely with the Development Director and the Executive Director to implement elements of the Improving the User Experience work plan. Full time, on site. Development Director The Development Director will have experience in working with property owners, developers and real estate professionals. The Development Director will be responsible for leading all elements of the Economic Development work plan including: • Retail Development • Office Development • Residential Core Development • Neighborhood Development In addition the Development Director will work closely with the Communications Director and the Executive Director to implement elements of the Improving the User Experience work plan. Full time, on site. Urban Place Consulting 9 Implementing Resources Budget — 2006 Work Plan Program Expense • Communication • Improving the User Experience • Economic Development • Office • Administration • Total Expenses $80,900 $68,830 $52,200 $17,900 $80,000 $299,830 `%4 Committee For Downtown Yakima Board Members • Doug Picatti, Picatti Brothers Inc. — Westside Merchants • Jamie Stickel, Yakima Herald -Republic — Yakima Downtown Association • John Baule, Yakima Valley Museum • Kathy Coffey, Yakima Valley Visitor's and Convention Bureau • Jack Cannon, Designs Ltd. - Westside Merchants • Barbara Greco, For a Better Tomorrow • Joe Mann, Ron's Coins and Collectibles • Elizabeth McGree, JEN! Development • Mike McMurray, Yakima Bears • Mike Morrisette, Yakima Chamber of Commerce • Dave Picatti, Cafe Melange - Historic Front Street Association • Craig Rath, Member at Large • Monica Weyt-,,e, Yakima Valley Regional Library • TBD City Council Representative • TBD City Manager or designee • County Comrnissioner Representative Downtown Yakima Foundation Board Members 2.22.06 (5 seats to fill) • Rick Linnewah, Memorial Hospital • Joe Morrier, JEM Development • Jay Finnegan, Yakima Regional Hospital • Mike McMurray, Short Season LLC • Mike Shepherd, Herald Republic (Pending) • TBD from library, museum, or CBV. • Rich Thornton, Moss Adams (Pending) NON PROFIT INSURANCE PROGRAM CERTIFICATE OF INSURANCE ISSUE DATE 6/1/2006 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 PRODUCER Public Risk Underwriters 18106 140th AVENUE N.E. WOODINVILLE, WASHINGTON 98072-6874 PHONE (425) 482-6767 FAX (425) 482-2777 COMPANIES AFFORDING COVERAGE GENERAL LIABILITY ACE AMERICAN INSURANCE COMPANY AUTOMOBILE LIABILITY ACE AMERICAN INSURANCE COMPANY PROPERTY NON-PROFIT DIRECTORS, OFFICERS AND EMPLOYEES LIABILITY / CRIME ZURICH AMERICAN INSURANCE COMPANY INSURED COMMITTEE FOR DOWNTOWN YAKIMA A MEMBER OF NON PROFIT INSURANCE PROGRAM 2105 TIETON DRIVE 7 N. 3RD STREET YAKIMA, WA 98902-3766 COVERAGES THIS IS TO CERTIFY THAT 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 CONTRACT OR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE DATE LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY XSL G22904425 6/1/2006 6/1/2007 ANNUAL AGGREGATE $5,000,000 OCCURENCE FORM EACH OCCURRENCE $5,000,000 INCLUDES STOP GAP AUTOMOBILE LIABILITY ANY AUTO XSA H08019794 6/1/2006 6/1/2007 COMBINED SINGLE LIMIT $5,000,000 UM-UIM OCCURRENCE $5,000,000 PROPERTY NON-PROFIT DIRECTORS, OFFICERS AND EMPLOYEES LIABILITY / CRIME FID 5435644 02 6/1/2006 6/1/2007 EMPLOYEE DISHONESTY PER LOSS $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS THE CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES ARE NAMED ADDT'L INSUREDS ENDORSEMENT ATTACHED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTITIVES. CERTIFICATE HOLDER ATTN: CITY MANAGER CITY OF YAKIMA 129 N SECOND STREET YAKIMA, WA 98901 AUTHORIZED REPRESENTATIVE *Coverage is subject to $25,000 program self insured retention. Claims paid within SIR are funded by Non Profit Insurance Program POLICY NUMBER. XSL G22904425 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNA1TED 'THAI- PERSON OR ORGANIZATION 1'Y 1): 2 This endorsement modifies insurance provided under the following. MAY 6 NE COMMERCIAL GENERAL LIABILITY COVERAGE PART gt C1 Y iVIAHAGU SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) ATTN: CITY MANAGER CITY OF YAKIMA 129 N. SECOND STREET YAKIMA, WA 98901 Information required to complete this Schedule, if not shown above, will be shown in the Declarations Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf. A. In the performance of your ongoing operations, or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 COMMITTEE FOR DOWNTOWN YAKIMA MANAGEMENT AND PROMOTION AGREEMENT This Committee for Downtown Yakima Management and Promotion Agreement (hereinafter the "Agreement") is entered into by and between the City of Yakima, Washington, a municipal corporation (hereinafter the "City"), and the Committee for Downtown Yakima, a Washington non- profit corporation (hereinafter "Committee"). Whereas, the Committee is in the process of recruiting and hiring an interim director, creating operating and executive boards, and completing a capital funding campaign, and will thereafter embark on programs and activities related to the redevelopment of downtown Yakima. The City desires to assist the Committee in these endeavors in accordance with the teinis and conditions of this Agreement. Whereas, the Committee is a non-profit corporation whose membership desires to foster the redevelopment of downtown Yakima and serve as a focus of efforts to promote residential and economic development and tourist activities which are vital to the local economy. The Committee is willing to use the funds designated herein and manage the Committee for Downtown Yakima in accordance with the teiius and conditions of this Agreement. Now, therefore, in consideration of the mutual covenants, promises, and conditions set forth herein, it is agreed by and between the City and the Committee as follows: 1. Scope of Work. Phase I. An initial budget of up to $75,000.00 shall be utilized by the Committee to hire an interim director for a period not to exceed 18 months. During Phase I the Committee shall: a. Develop a job description for the new director b. Assist in recruiting, selecting, and hiring a new director c. Build an operating board d. Build an executive board e. Complete capital funding campaign Phase II. Contingent upon a successful capital funding campaign the Committee shall enter into Phase II of this agreement which will access up to $300,000.00 of additional City funds matched with $300,000.00 to be raised by the Committee, the total of which will be expended over a period not to exceed 42 months. Work to be completed during Phase II: a. Secure additional support from grants and sponsorships -1- b. Serve as catalyst for continued downtown residential development c. Initiate clustering and subdistrict efforts for downtown d. Develop and implement marketing plan e. Package downtown experiences for local residents and visitors f. Develop on-going communication tools to involve community and volunteers and to promote successes. g. Recruit new businesses for downtown h. Build community/region — wide support for downtown i. Develop and implement a business plan to assure organizational sustainability of the long teiin. Advise the City regarding commercial and community sector needs relative to urban development policies. J. 2. Report of Activities. The Committee shall submit to the City Council during February of each year a written report addressing management, operational and promotion aspects of its performance of the obligations pursuant to this Agreement during the prior year. 3. Tenn of Agreement. This Agreement shall commence upon full execution by the parties and shall continue in duration until terminated by either party. Either party may terminate this Agreement, with or without cause, by providing the other party with written notice of termination at least ninety (90) calendar days prior to the termination date. 4. Financial Assistance. a. Phase I Financial Assistance. During Phase I as more fully described above, an initial budget of up to $75,000.00 shall be utilized by the Committee to hire an interim director for a period not to exceed 18 months. This funding shall be immediately available to the Committee. Until arrangements acceptable to the Committee and City have been reached regarding disbursement of the initial funding, the Committee shall submit monthly billings or invoices to the City for payment of its expenses incurred and allowable under this agreement. Payment of any portion of the financial assistance is expressly conditioned upon the services provided being satisfactory to the City and upon the availability of funds. b. Phase II Financial Assistance. Contingent upon a successful capital funding campaign, the Committee shall enter into Phase II of this agreement which will allow the Committee to access up to $300,000.00 of additional City funds, to be matched with $300,000.00 raised by the Committee, these amounts all to be expended over a period not to exceed 42 months. The City's funding obligation for future years is limited to an amount that matches the funding secured, or to be secured, by the Committee, and not to exceed $300,000.00. The Committee shall be able to access the future funding offered by the City at any point in the 42 month period of Phase II, so long as the Committee demonstrates to the satisfaction of the City that the Committee has obtained pledge -2- commitments sufficient to satisfy the Committee's matching obligation as stated herein. Again, payment of any portion of the financial assistance is expressly conditioned upon the services provided being satisfactory to the City and upon the availability of funds. c. Other Funding. Throughout the term of this Agreement, the Committee shall diligently seek and obtain other funding from other sources (e.g., sponsorships, federal and state grants) to operate, manage and maintain the Committee and its facilities and so as to ensure the continued viability of the Committee as an independent entity. 5. Records and Accounts. The Committee shall maintain (in accordance with generally accepted accounting practices) books, accounts, records, documents and other materials related directly or indirectly to the costs, expenses and revenues of the management, operation and maintenance of the Committee and its facilities under this Agreement. All such books, accounts, records, documents and other materials shall be subject to inspection and audit at reasonable times by representatives of the City and/or of the Washington State Auditor. The Committee shall make such books, accounts, records, documents and other materials available and afford the proper facilities for such inspection and/or audit within forty-eight (48) hours of inspection/audit notification from City representatives and/or the Washington State Auditor. Such books, accounts, records, documents and other materials may be copied by representatives of the City and/or of the Washington State Auditor as part of such an inspection/audit. The Committee shall preserve and make available all such books, accounts, records, documents and other materials for a period of at least three (3) years after termination of this Agreement. 6. Insurance. a. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Committee shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. 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. The insurance shall be with an insurance company or companies rated A -V-11 or higher in Best's Guide and admitted in the State of Washington. b. Industrial Insurance. The Committee shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Agreement, the Committee shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. 7. Hold Harmless and Indemnification. a. The Committee agrees to protect, defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and -3- expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of the Committee, its officers, employees, agents, and/or subcontractors arising under this Agreement. b. In the event that both the Committee and the City are negligent, the Committee 's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) that can be apportioned to the Committee, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this Agreement shall be construed to vest a right of indemnification in any third party. d. The provisions of this Section shall survive the termination or expiration of this Agreement. 8. No Liability Insurance Provided by City. It is understood the City does not maintain liability insurance for the Committee and/or its officers, employees, agents, and/or subcontractors. 9. Independent Contractor Status of Committee and its Agents. The Committee and the City understand and expressly agree that as to the City, the Committee and its officers, employees, agents and subcontractors are independent contractors in the performance of each and every part of this Agreement. The Committee, on its own behalf and that of its officers, employees, agents and subcontractors, expressly represents warrants and agrees that their status as independent contractors in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The Committee, as an independent contractor, assumes the entire responsibility for carrying out and completing the matters contemplated by this Agreement. The Committee shall be responsible for ensuring that all employees, agents and subcontractors are licensed and authorized to operate the equipment necessary to perform this Agreement, with all required fees and permits paid and in good standing, in accordance with law. The Committee and its employees shall make no claim of City employment nor make any claim against the City for any related employment benefits, social security, and/or retirement benefits. 10. Taxes and Assessments. The Committee shall be solely responsible for compensating its officers, employees, agents, and/or subcontractors and for paying all related taxes, deductions, and assessments, including but not hmited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of the Committee's management, operation and maintenance of the Committee and its facilities. In the event the City is assessed a tax or assessment as a result of this Agreement, the Committee shall pay the same before it becomes due. -4- 11. Non -Discrimination. During the performance of this Agreement, the Committee shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, promotion, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the management, operation and maintenance of the Committee and its facilities under this Agreement. 12 Americans with Disabilities Act. The Committee shall 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 anti -discrimination law as contained in RCW Chapter 49.60 ("WLAD") and its implementing regulations, with regard to the management, operation and maintenance of the Committee and its facilities under this Agreement. The ADA and the WLAD provide comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. 13 Compliance with Law. The Committee shall manage, operate and maintain the Committee and its facilities under this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Furtheiinore, the Committee shall not use any City provided funding to make loans, grants or gifts to public or private entities, or in any other way as to violate any local, state or federal law, rule or regulation. Violation of this provision shall be cause for immediate termination of this Agreement and the Committee shall repay to the City any funds transferred in violation of the law. 14. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Committee to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Committee as stated herein. 15. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. -5- c. Should the City determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, the City may, in its sole discretion, terminate this Agreement. 16. Non -Waiver. The waiver by the Committee or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter from enforcing any such provision. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand - delivered to the parties at their addresses as follows: To City: City Manager City of Yakima 129 North Second Street Yakima, WA 98901 To Committee: Chairman/President Committee for Downtown Yakima C/o Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 18. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the teiiu or expiration of this Agreement and shall be binding on the parties to this Agreement. 19. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of both parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 20. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no temus, conditions, or agreements with respect thereto except as herein provided and no -6- amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA, WASHINGTON By: Date: • ick Za. City Manager ATTEST: By: , City Clerk Date: 5 `� O CITY CONTRAC r NO: gl��.h "'yo RESOLUTION ,`fVe -7- COMMITTEE FOR DOWNTOWN YAKIMA By: Its: Date: Chairman/President ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of May 3, 2005 Consideration of Legislation re Downtown Development 1) Resolution Authorizing Professional Services Agreement with Committee for Downtown Yakima for Management Services 2) Ordinance Amending the 2005 PBIA Fund and Economic Development Fund Appropriating Funds for Management Services (First Reading) William Cook, Community and Economic Development (CED) Director CONTACT PERSONS:' lam Cook, CED Director, 575-6227 SUMMARY EXPLANATION: At the City Council Study session held on April 12, 2005, Doug Picatti, Chairman for the Committee for Downtown Yakima, Jamie Stickel, Chairman for the Yakima Downtown Association advisory board and Craig Rath, Vice Chairman of the Committee for Downtown Yakima, presented a final report prepared by the International Downtown Association (IDA). This report discussed recommendations for the future marketing, management, and organizational structure for a successful downtown revitalization program. Included in the report and discussed at the Study Session was a recommendation that to assure the successful launch of non-profit downtown management organization the community should raise, at a minimum, $600,000 to cover salaries, administrative expenses and marketing and promotional costs for a three (3) year period. It was explained that a minimum three (3) year commitment of funding would be necessary to attract a qualified professional with experience working with other downtown revitalization efforts. The presentation to Council also included a recommendation that an initial investment from the City of approximately $75,000 (to be funded from the PBIA-161 account) would be necessary to hire an interim downtown director for a period of 6 — 12 months. Note: The resources available in this fund are derived from a self-assessment by the businesses in the 16 -block downtown area for the purpose of marketing/beautifying the area. Continued to the next page Resolution X Funding Source (CBD) (321) Ordinance X Contract X Other(Specify) Professional Services Agreement Parking & Business Improvement Area (PBIA)(161) and Central Business District Capitol APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: A) Adopt Resolution; B) Read Ordinance by title only at the May 3, 2005 meeting. Pass Ordinance after the second reading at the May 17, 2005 meeting. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLLTPION R-2005-71 Furthermore, it was requested that the Council consider committing up to $300,000 on a dollar for dollar basis to match $300,000 in pledges that the Committee for Downtown Yakima committed to raise from the private sector. The proposal is that the interim director will complete a capital funding campaign of the $300,000 from the private sector which together with the City's funding would make up the $600,000 budget for a three (3) year commitment. The source of the City's $300,000 would be $256,000 from the CBD Capital -321 account from the sale of the City's parking lot to General Services Administration (GSA) and $44,000 from the PBIA- 161 account. An outline of the Scope of Work for both phases of the Downtown Development project follows: 1. Scope of Work. Phase I. An initial budget of $75,000 shall be utilized by the Committee to hire an interim director for a period not to exceed 18 months. During Phase I the Committee shall: a. Develop a job description for the new director b. Assist in recruiting, selecting, and hiring a new director c. Build an operating board d. Build an executive board e. Complete capital funding campaign Phase II. Contingent upon a successful capital funding campaign the Committee shall enter into Phase II of this agreement which will access $300,000 of additional City funds matched with $300,000 raised by the Committee to be expended over a period not to exceed 42 months. Work to be completed during Phase II: a. Secure additional support from grants and sponsorships b. Serve as catalyst for continued downtown residential development c. Initiate clustering and sub -district efforts for downtown d. Develop and implement marketing plan e. Package downtown experiences for local residents and visitors f. Develop on-going communication tools to involve community and volunteers and to promote successes. g. Recruit new businesses for downtown h. Build community/regional wide support for downtown Yakima i. Develop and implement business plan to assure organizational sustainability of the long term. j. Advise the City regarding commercial and community sector needs relative to urban development policies Attached is a resolution authorizing the City Manager to execute the necessary documents to accomplish this objective; the proposed agreement for professional services; a copy of the Yakima Downtown Association (YDA) advisory board minutes from June 2003 with a motion to commit the remaining YDA reserves for the hiring of a downtown manager; a letter from Steve Caffery, Executive Director of the Capitol Theatre supporting "a decision to use the proceeds of the sale of the parking lot as a matched challenge" and an appropriation ordinance to amend the PBIA budget by $75,000 to provide for the interim director (this fund's balance at the end of 2005 after considering this appropriation is estimated to be about $70,000.) April 28, 2005 Mayor Paul George & Members of the Yakima City Council City of Yakima 129 North Second Street Yakima, WA 98901 RE: Parking Lot Proceeds Dear Mayor George and members of the Council: First, let me thank you for soliciting the Capitol's interest in the use of funds derived from the sale of the parking lot in back of the Federal Courthouse. Our objective is to work within the fabric of our community's vision for the future of downtown and we believe that can only be realized if all the stakeholders share a common path. I believe that the success of the Capitol's plans for expansion, and the resulting contribution to downtown economic development, is but one step on the path — and by no means the first. The first step is to implement the recommendations submitted by the International Downtown Association. (The second will be the investment, secured by Senator Deccio, to develop a streetscape and corridor to the downtown.) Before the Capitol can have an opportunity to contribute, there needs to be demonstrated progress. I believe this can only happen through a galvanized effort lead by professionals supported by key stakeholders. I also believe that the City has a fiduciary responsibility to protect those investments held in the public trust. It is critical that the City play a lead role in investing in the future of downtown Yakima and fully support a decision to use the proceeds of the sale of the parking lot as a matched challenge. It is not in my nature to divert resources away from the Capitol Theatre and please do not think that I am recommending that now. The prosperity of the Capitol Theatre is dependent on the momentum that the force of community brings to overcome the challenges that face us all. I look to the City to insure the leadership is in place, the matches are met before funds are expended and that the resulting directions we move are sound. I expect results — a quantifiable return on the investments we all are making. Sincerely, tey(n J ry CEO/Execut' e Director ASSOCIATION MEETING MINUTES UTES June 5, 2003 Chairman Stickel called the meeting of the Yakima Downtown Association to order at 8:00 a.m. in the Large Conference Room, Second Floor City Hall, 129 North 2nd Street. MEMBERS PRESENT: Jamie Stickel, Chairman, Steve Caffery, Vice Chairman, Paul Napolitano, Joe Mann, Joe Morrier, Sr., Jar Arcand, Mariano Morales, Denise Ray and LeRoy Thompson, Absent: Herb Hill and Terry Powell Council Present: John Puccinelli Staff Present: Bill Cook, Michael Morales, Pete Hobbs and Judy Arington Guest: Michelle Smith, Mike Conklin, Lynne Kittelson, Bev Bartz, Craig Rath, Doug Picatti, Don Harrell, Dave Franklund, Robin Salts and Eric Miesch, Lights for all Seasons Minutes: Motion to approve minutes of May 1, 2003, seconded by Morrier. Motion carried. Review YDA Meeting & Membership Guidelines Stickel reported he had not completed the one sentence adding the staggered terms to the draft Rules, Guidelines and Policies. He agreed to type of the sentence and forward to Arington for distribution to the membership. Residential Parking Permit: Hobbs reported the concern for the Residential Parking Permit legislation was regarding where they would be allocated and what that would do to the businesses that are open during the evening hours. He distributed a spreadsheet showing how the monthly parking spaces are allocated in the draft ordinance based on the monthly parking allocation ordinance for daytime parking permits. Puccinelli inquired if the private business owners with parking lots had been contacted to ascertain if they would be willing to sell parking spaces during the evening hours. Discussion continued on which parking lots should be considered for evening residential parking permits. Consensus from the group was not to use parking lot #2, lot in front of Capitol Theatre and directly behind the Olive Garden, for residential parking permits. Hobbs reported the maximum number of spaces that can be allocated based on the daytime parking ordinance is 76 for all lots located in the designated boundary. Morrier expressed the YDA Min./(ja) April 28, 2005 1 desire that the number of permits not be increased and not allocate evening permits in lots that are being used by businesses during the evening hours. Stickel mentioned there were currently 36 residential parking pe lints issued and none are within the YDA boundary. Puccinelh suggested that would change if he were successful in developing a Council policy to have no parking on the streets in the CBD area. Paul Napolitano volunteered to look at the private lot availability to help solve this problem. Arcand added that one of the discussion point for this request was to encourage more residents in the downtown. He recommended allocating parking spaces in Lot #4 and Lot #5. Lot #3 is being considered for Federal Courthouse needs and will not be available in the near future. Mann recommended printing the residential parking permits in a different color than the daytime parking permits. Motion by Arcand, seconded by Monier to exempt Lot #2 and Lot #3 from residential overnight parking and use Lot #5, Lot #4 and Lot #1 for Residential Parking Permits. Motion by Caffery, seconded by Arcand, amending the motion and adding a statement recommending Council approval at the regular June 24th Council meeting. Both motions carried. Stickel volunteered to attend the June 24th Council meeting. YDA Strategic Meetings Cook reviewed the strategic report packet (extra copies of the report were available). He reported that at the last meeting on May 1st YDA asked for a final report and an analysis of the funds spent on this process. In the report there is a report from the facilitator, Martin Howell, explaining the process, a one page overview of the goals, a list of people who attended the facilitated meetings over a 7 month period, excerpts from the regular YDA meeting minutes that covered the discussions of the strategic process, and a line by line summary of the expenses over that 7 month period with the total being $22,516.78 of which YDA split half and half with the City. Included is a summary page of the 5 sub -groups that were formed during the process and what the goals and objectives/areas of interest of those 5 committees. Also included are the notes and reports of each of the five sub groups as we went through the 7 months process. Cook reported that from his reading of the minutes of YDA's discussion, this really got started at the meeting in July 2002. The issue at the time seemed to be the question of the assessment and how the assessment should be allocated, what kind of formula, and whether there should be a change. Also there were a number of people on the board that talked about how we could bring together the three different business associations downtown so they would all be working in the same direction. In the minutes of July 11th there is a discussion of consensus to hold a facilitated retreat. There were four items listed for discussion, 1) the assessment process, 2) analyze expanding the boundary of YDA, 3) analyze who and what is YDA, and 4) set goals for accomplishment for the future of downtown Yakima. Initially there were only going to be 4 sessions. The sessions were started with Kate Joncas from Seattle who gave a presentation at the Capitol Theatre. Martin Howell facilitated the meetings. On January 5, 2003, at the YDA regular meeting, there was a motion to ratify the 2002 expenses which at that point were right on target at about $8, 871 or $4, 435 for the association. At the same January 5th meeting an agenda was approved for a January 15th strategic meeting. The minutes does not talk about continuing the meetings, but clearly in the discussion there was interest in holding an additional meeting in January and a January 15th meeting was scheduled at the Capitol Theatre. YDA Min./(ja) April 28, 2005 2 Caffery inquired if there was a collaboration of additional meetings within the minutes of the January 5th meeting. Cook explained that the January 5th meeting minutes show ratification of the expenses for 2002 and reviewing an agenda for an upcoming meeting January 15th at the Capitol Theatre. Caffery inquired if YDA authorized expenditure of any more money beyond the $4,000? Cook answered by saying other than the fact that there was an open discussion of continuing the process. Caffery then commented that YDA should not be responsible for any more expenses and the City should take on that responsibility. Cook explained that YDA made a decision to continue the process when they scheduled the January 15th meeting, but he agreed YDA did not discuss additional cost at this meeting. Cook felt that if YDA discussed additional meetings they understood there was cost involved. Cook went to the January 9th YDA meeting minutes and read what was recorded. Caffery again inquired if there was any discussion about additional appropriation for the planned/scheduled January 15th meeting. Stickel stated as an active participant in these discussions and an active participant in these meetings, every one of them, the issue of additional money did not come up. He said, clearly the assumption was made, and he was part of that assumption, that by continuing the discussions/meetings YDA would continue to fund them. If YDA should have taken a vote at that point in January, then they were remiss in not doing so. Cook asked Arcand, as Chair of the January meeting, what his recollection was regarding this issue. Arcand said there was still unfinished business and he agreed there was a general consensus at the January 9th YDA meeting to continue on the same process. Cook reported he met with Arcand and Martin Howell on February 10th where he asked if the process should be continued. Cook said it was his understanding from that conversation that Arcand wanted to continue the process. Arcand commented that at this meeting with Martin Howell there was no discussion about money. Arcand commented that Martin Howell made a commitment to complete the process in 4 meetings and he felt Martin Howell did not complete the task. Mann inquired if the cost for Martin Howell was $17,500? Consensus from the YDA group after making the calculation from the spreadsheets provided affirmed the figure. Cook commented that the question asking what the product was or what YDA expected to receive was addressed in the minutes. He said there are three discussions in the minutes that refer to this question. One was in July where Cobabe asked YDA to give him a general concept of what they wanted to accomplish. Second meeting was November 7th where Morales asked for a clear direction and feedback from YDA to Martin Howell in anticipation of the 4th session. Morales asked if there were some specific issues that YDA board members wanted to have YDA Min./(ja) April 28, 2005 3 brought up with Martin Howell and asked if they were getting where they needed to go and if they were moving at a pace that would get them there on time. Stickel interjected that the closest thing to a product was the representation from Front Street, Westside Merchants, and representatives from YDA that was involved in the strategic sessions. He said at this point there is not a finished product but he said Front Street and Westside are here at this meeting to endorse continuation of the process without further expenditure to ascertain if the process can be completed. The original concept was to see if the three associations could come together and come up with a boundary. Front Street wants to move forward and Westside, at least the board, wants to continue to see if a product can be provided. Mariano Morales stated he thought there was a product. He said there is a confirmed consensus by businesses throughout Yakima to work together. There are people looking for something to bring this community together be it a theme, a decor or something that runs through the community to energize it and bring people to Yakima. Also, he said there seems to be a lot of hope that has not been present for a long time plus a lot of positive outlook about what can be done. Caffery commented that he thinks the complexity of the issue is beyond the scope of essentially volunteers. He said YDA needs to consider bringing on a professional staff person. He continued to say YDA has a reserve in the amount of $200,000. He recommended taking $150,000 and investing it into a full time position over the next 24 months. He said he wanted to make that recommendation into a formal motion. Motion: Moved by Caffery, seconded by Morrier, to take $150,000 and invest it for a full time professional staff person over the next 24 months. Discussion followed. Puccinelli recommended making one of the first tasks be finding out how this can be funded into the future. He said the North First Street group is being left out of the discussion and he felt it was a very important part. Caffery suggested there is a need for a full time professional to assist and guide the YDA to work through all these issues under the stewardship of YDA to distance the individual from the City. Puccinelli stated he does not want to go forwarded until the question of how it will be funded and who will be doing it and who will step forward. Hire the person with instructions to find this answer. Stickel agreed there was a need to hire a professional. Arcand commented that there was a process to determine the territory of the partnership. Consideration was given to several areas of the City and the conclusion was that the territory was way too big to manage. He said the boundary has already been set. Paul Napolitano questioned if the Chamber was involved. Stickel commented he had worked with the retail council of the Chamber of Commerce. He said they are currently trying to put together the same type of process that YDA just went through. Cook asked for clarification of what was being proposed. He asked if the request was for 1) someone that can lead change in the downtown or the business community, or 2) a consultant that can get us through the mechanical problems or help make decision on how we are going to YDA Min./(ja) April 28, 2005 4 organize and how we will assess ourselves. He suggested the same person could not do these tasks. Mariano disagreed. He said you are talking about one staff person to do the job of day-to-day work. In terms of the change, He said it is incumbent on this group as the leaders for the downtown association to know what YDA wants done downtown. The staff person would carry out the marching orders. Stickel indicated he saw the tasks as two phases. The first phase would be to finish the organization and put the plan together and begin to execute the plan. The second phase down the road would be to have someone who knows how to maintain that. The first question is does YDA agree to dip into the reserves to fund the position? He called for a vote on the motion. Motion carried. Caffery recommended appointment of a committee and Stickel agreed to sit on that committee to start writing the job description. Caffery said the committee would need to look at the process that YDA has to go through for the City. He recommended Mariano Morales help with this process plus include someone who had been on YDA for a while and someone who had not. The committee members are Caffery, Stickel, Mariano Morales, Denise Ray, Thompson and Napolitano. Thompson recommended having representatives from the two other downtown associations (Front Street and Westside) on the committee. Doug Picatti and Craig Rath agreed to be a part of the committee. Caffery recommended Thompson be the Chair. Thompson declined because of his current commitment outside of YDA. Caffery then recommended Mariano Morales as Chair. Mariano accepted. (Committee members: Caffery, Stickel, Mariano Morales, LeRoy Thompson, Denise Ray, Paul Napolitano, Craig Rath and Doug Picatti. Farmers Market: Mann reported the market was doing great. He reported Arcand as a new board member has been stepping up getting things done. He said Arcand had the north side of 3rd Street painted with booth spaces. He added that from now on Arcand should give the update to YDA because he is a current board member. Mann said there has been some discussion about having art shows on the north side of 3'd Street in the future. Financial Report A financial spreadsheet was provided for discussion. Arington announced she had received the invoice for the Chamber Guide ad in the amount of $891, which was not included on the financial spreadsheet. Caffery commented he does not think YDA authorized expenditures beyond the $4400 for the retreat process. Discussion continued regarding the cost for the 2003 strategic process of $6800. Caffery stated he did not recall authorizing that expense. Cook commented that he thinks the process was open and fair. He said YDA was informed at every meeting and the YDA Chairman was involved in every decision. Stickel stated he agreed with Bill Cook. He said perhaps YDA should have done a better job of monitoring the process. He attended every meeting and was impressed with what happened in the meetings. City staff did a good job making the process run. He said the other associations involved were also excited about the process. The energy started at YDA and continued throughout the strategic process. The process excited everybody involved in the process. He YDA Min./(ja) April 28, 2005 5 stated if YDA finishes what was just voted on, and pulls it off the $11,000 will be the best money ever spent. Arcand commented that Martin Howell was well aware of the money that was allocated in the very beginning. When that was expired, he had an obligation to come forward and inform YDA that it was going to cost additional dollars. He never came forward so he is contributing to the current situation. He suggested YDA come to teirus of splitting half and half of the $6800. Mann suggested as an alternative to getting the money back to ask for further assistance in the future at no cost. Mariano volunteered to meet with Martin Howell regarding the additional dollars over the $4400. Arcand stated there was more money spent than was authorized and as Chair he was never presented with an additional cost and never had the opportunity to discuss cost. Stickel said he was opposed to discussing the cost with Martin Howell. Michael Morales updated the group on the original proposal presented to YDA in October for the strategic meetings. Discussion continued. Mariano Morales inquired about obtaining a copy of the contract with Martin Howell and who authorized the agreement. Cook explained that the contract with Martin Howell was with the City of Yakima, Office of Neighborhood Development Services. Arcand stated he was still concerned about the authority to spend the YDA money. Discussion continued regarding authorization of the $6800 expenses. Arington explained that the Office of Neighborhood Development Services paid the invoices for the cost associated with the strategic meetings. Then the cost was split between the two accounts through the City's internal process. She explained the 2002 cost for the strategic process was ratified after the fact therefore she understood the same process would be used for the 2003 cost. Ratification of the 2003 cost of $6800 expended for the strategic process was delayed until further investigation was done. Ray inquired about what Mariano Morales was going to meet with Martin Howell about. Mariano Morales commented that he was looking for 1) how much was authorized, 2) how much was spent beyond the authorized amount, 3) where they got the authorization, 4) who authorized the retainer agreement and 5) what was the tem" of the agreement. Stickel brought up the $10,000 spent for the 3 on 3 basketball backboards. He stated this was done so they could be sub -rented to bring in extra funds. He said he would pursue this project. Arcand commented he recalled that the Yakima Downtown Association would be printed on the pole and the backboards would be advertised off. He remembered that the agreement was for the downtown association to put its logo on and YDA would allow them to sell the advertising to help fund the event. Stickel disagreed. He said he specifically asked that question. And he recalls that YDA was going to sell the advertising to pay for the $10,000 commitment. There was a question of how many backboards were actually purchased. Stickel recalled there were two backboards per set (standard). Stickel will research this issue and get back to YDA. Cook recommended YDA form a committee to handle this project. He said Terry Powell asked at the May meeting a similar question about the marketing board at the Gateway to Wine Country. Stickel agreed and thought it was time to start placing advertising on the board. He suggested with the coming together of the other groups this might be a good time to get them to participate. Caffery volunteered his staff person to work with Stickel's staff person (Michelle Smith) on this project. YDA Min./(ja) April 28, 2005 6 Puccinelli inquired if money needed to be authorized for this project. Arcand commented it was about $125 to make an illuminated display board. He recommended using the ad that was placed in the Visitor's Guide. Stickel recalled that the cost for producing the board was included in the $4500 per year, but Arcand disagreed. Moved by Arcand, seconded by Mariano Morales, to authorize up to $200 to make an illuminated display board for the Gateway to Wine Country. Motion carried. New Business: Arcand brought up the topic of the lot on the corner of 2nd Street and Yakima Avenue. He said it was an eye sore. He had talked with both Joe Morrier and Terry Powell about turning this lot, on a temporary basis; to the City for a City park. If this occurred, YDA could take funds and develop a downtown city park. He recommended using the inmate work crew to clear and clean up the area. The next step would be to dig the trenches for irrigation and plant grass. Stickel agreed it was an excellent idea. He recognized Dave Franklund as a member of the Arts and Design committee for the strategic process. Franklund commented that one of the initiatives for this committee was to make this into a park. Stickel said he recalled that Cindy Desgrosellier believed this park could be created without any or very minimal expense. One of the concerns was the liability. Mariano Morales said there is a statute called the Recreational Use Statute which basically allows the landowner to use the land for recreation without liability if it is free to the public. Stickel inquired if Arcand wanted to pursue this issue. Mann commented that when he checked a few weeks ago liability was an issue. He said if there is a way to remove the liability maybe both Powell and Morrier will sign up. Puccinelli asked Cook to work with the City Attorney to help this process along. Mariano Morales asked if the idea was to lease the lot to the City for a nickel a year and limiting it to recreational use. Arcand recommended a letter on YDA letterhead from the YDA committee with Stickel's signature be sent to both Morrier and Powell stating the YDA Advisory Board would like to assist in developing this lot into a City park. Mann suggested assistance from the volunteer base of YDP be involved. Franklund added that if the legal issues were resolved, his group would want to assist in making this project happen. Mann and Arcand volunteered to meet with Bill Cook when discussing this issue with the City Attorney. Kittelson reported the Nordstrom building needed to be cleaned and the planter box in front of the bank needs helped. Puccinelh suggested someone contact the owner of the Nordstrom building and get permission to get the inmate crew to steam clean it. Kittelson volunteered to work with the Master Gardeners for the planting in front of the bank. Mann volunteered to call Bill Almon about the Nordstrom building. Lights for All Seasons, Portland, OR(Carpenter Decorating), Eric Miesch: Arcand introduced Eric Miesch representing Carpenter Decorating. Miesch indicated they work with company's to develop a theme and create the displays to represent the theme. He recommended doing holiday or seasonal displays. Miesch commented he does volunteer to work with communities to develop the fundraising programs, develop corporate sponsors, and theme ideas. A custom display does not cost any more than displays in the catalog. For ordering for this season, they would need the order by October 1st. There is a 5 -year warranty on the products. He talked about the new LED technology for energy efficiency. These bulbs would have a 5 -year warranty with an approximate cost of $2 per bulb. A 50 -foot panel with approximately 5500 bulbs would take 18 amps. YDA Min./(ja) April 28, 2005 7 Discussion began about the lack of power in the downtown area. Caffery informed the group that there are areas with low voltage and some blocks with no power. Caffery indicated Public Works did not have any type of plan and there were multiple violations. Stickel recommended this would be a project that could be done as a partnership with the other groups not necessarily for this year but in the future. Arcand recommended coordinating an effort with Front Street, YMCA, & the Convention Center to add to what YDA already has for continuity. This would not be at YDA's expense but help others get on board. Stickel suggested the Art and Design committee already folitied could handle this project and he recommended Eric Miesch work with Dave Franklund. Main Street Visit: Morales reported the state Main Street will meet with the YDP interim board on the 12th of June and do a walking tour. Stickel commented that the application was sent in under the partnership name. He inquired if YDA members wanted to be involved. Caffery said report back on the process to YDA. Cook reported he had received a copy of a petition that was sent to the Chairperson of the Regional Planning Commission. (Copies available upon request and provided at the meeting). The petition was in support of the downtown and a recommendation on the historical theme along the lines of Front Street. Michael Morales reported he and Mann went to the Downtown Revitalization Training Institute in Chelan in May. He said there was a lot of good information he will share with YDA as the process starts to move forward. Michael Morales announced that the Community Revitalization Deductions applications were due on Friday, June 6th at 5 p.m. Motion to move July meeting from the 3rd to the 10th by Arcand, seconded by Stickel, motion carried with Mann opposed. Mann will not be available on the 10th of June. Meeting adjourned at 9:48 a.m. YDA Min./(ja) April 28, 2005 8 ASSOCIATION YDA MEETING MINUTES June 3, 2004 Chairman Stickel called the meeting of the Yakima Downtown Association to order at 8:05 a.m. in the Council Chambers, First Floor City Hall, 129 North 2nd Street. MEMBERS PRESENT: Jamie Stickel, Chairman, Steve Caffery, Vice Chainuian, Joe Mann, Mariano Morale, Joe Morrier, Mark Maiocco, Monica Weyhe, Mike McMurray and Denise Ray Absent: Terry Powell, and LeRoy Thompson Council Present: Ron Bonlender and Bernie Sims Westside Merchants: Doug Picatti and Jack Cannon CBDG Public Input Citizen Planning Committee: Mary Harris, Anne Knapp and Freya Burgstaller Staff Present: Michael Morales, Bill Cobabe, Bill Cook, Denise Nichols and Judy Arington Guest: Lynne Kittelson, and Barb Greco Media: Ben Romano, Bianca Toness, and Mike Conklin Joint Meeting with Yakima Downtown Association, Westside Merchants, Front Street Association and CDBG Public Input Citizen Planning Committee: Bill Cobabe, ONDS Manager opened the meeting with introductions of the Citizen Input panel. Jamie Stickel, YDA Chairman began the discussion on what is important to downtown business merchants and what the City can do to assist by calling on Joe Morrier. Joe Morrier spoke on the importance of a partnership that included both private and public funding. He also emphasized the importance of bringing people back into the downtown and stop the vehicle traffic from just driving through without stopping. Doug Picatti, Westside Merchants indicated rejuvenating downtown had to be important to the businessman and the whole community had to think it was important to invest in the downtown. He suggested if the community were on board then the City would invest in downtown. This effort would require support financial and commitment by the people. Joe Mann suggested getting people back to doing events in the downtown such as street fairs. He recommended having one person working full time focused on downtown 100% creating events and activities to pull the community together. This person should be a manager; someone to lead YDA Min./(ja) April 29, 2005 1 the fight and keep everyone focused. The City could help by getting a person or getting funding to hire the person. Mariano Morales mfoimed the group that a job description was proposed and approved by YDA in 2003. He indicated the question at that time was how the funding could be used because YDA was not an organization. In 2003 there was a recommendation that YDA incorporate and operate as a non-profit. Mariano Morales agreed with the group that it was time to devote money and a staff person to supplement the efforts being done downtown. Steve Caffery talked about three elements for a downtown, retail, living, and a destination place. He indicated retail had mostly left and the housing was subsidized leaving only destination. He indicated the Capitol Theatre was the only destination place. He announced the City was working in tandem with the Capitol Theatre to expand the plaza and other improvements, which will bring people to the downtown. Mark Maiocco agreed with monetary support of current businesses downtown, the arts being a vital part of revitalizing downtown and the holding of events downtown to bring more people downtown; but he recommended establishing the theme as the first step. He indicated it took his business two years to establish with the tourism market, but they need restaurants and other businesses within the area to bring the people downtown. Denise Ray indicated the community needed to pick what it is going to focus on and move forward. She recommended being user friendly with the smaller businesses but make it attractive to both the smaller and larger businesses. She also mentioned the sidewalks needed repair and there was a need for both monetary support and support from the community. Mike McMurray commented the community needed to buy into downtown and the many ideas that came out of the strategic sessions if public or private funds are invested into downtown. Monica Weyhe agreed with the vision for downtown but added education should be included. She indicated the Library was a destination place. The downtown needs to be a vibrant pedestrian friendly place. Monica stated a manager is needed because it cannot be done quickly enough with just volunteers. Jamie Stickel indicated the first thing should be to stop calling it downtown but call it the center of downtown. He proposed it was a simple two-step process, 1) create the plan and 2) execute the plan. He said figure out what needs to be done and the money will come Ron Bonlender expressed that he liked the idea of hiring a manager but questioned if YDA was talking about using their funds to match with Community Development Block Grant (CBDG) dollars to hire a manager. He had concerns about short term versus long term if this was a salary issue. He suggested it should be half YDA responsibility and half CDBG—a partnership arrangement. Doug Picatti agreed it would need to be a long-teiin commitment. Joe Morrier indicated the goal should be to bring people back to the downtown at least six days a week instead of just the weekend. YDA Min./(ja) April 29, 2005 2 Michael Morales reminded the committee that when they are considering hiring someone to include informing them how much money would be available to work with. This person will need some funds to work with and CDBG dollars can be used for that. He did not recommend using these funds but suggested the assessment should be by property owner instead of businesses. Public comment period ended and YDA continued with their regular meeting after a 5 minute break. Regular YDA meeting agenda: Minutes: Motion to approve the minutes of the May regular meeting was made and seconded. Meeting minutes of May 6, 2004 approved as distributed. UNFINISHED BUSINESS: 1. Hiring a Downtown Manager (topic from June 2003): Jamie Stickel updated the YDA Board on this topic by say approximately 1 year ago there was a vote to invest $150,000 to hire a full time professional staff person over a 24 month period to manage the revitalization of downtown. He stated there are no longer $150,000 but $124,000. Jamie Stickel said, at the end of 2003 the City approved $35,000 to the Yakima Downtown Partnership (YDP) to fund an action plan for the revitalization of downtown. He proposed merging the efforts of YDA and YDP in order to create a blended source of funds and effort to make it happen. YDA's Organizational Structure Group (sub committee of YDA) made up of Jamie Stickel, Steve Caffery and LeRoy Thompson would be expanded to include two people from the YDP (Craig Rath, Vice Chaiiinan and Doug Picatti, Secretary/Treasurer) to prepare a plan/proposal for YDA's consideration to hire a full time professional staff person to manage the revitalization of downtown. Steve Caffery moved to merge the efforts of the YDA Organizational Structure subcommittee members and two members of the Yakima Downtown Partnership (YDP) group to prepare a plan for YDA's consideration to hire a full time professional staff person to manage the revitalization of downtown and report back to YDA. Motion was seconded and approved with Mariano Morales voting no. Meeting Adjourned 9:00 a.m. YDA Min./(ja) April 29, 2005 3 RESOLUTION NO. R 2005 - 71 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Committee for Downtown Yakima for the provision of financial and other assistance respecting the Committee's efforts to redevelop downtown Yakima. WHEREAS, the Committee for Downtown Yakima is a non-profit corporation that desires to redevelop downtown Yakima and stimulate residential and economic development and promote tourism in that area; and WHEREAS, the City desires to see such development and promotion of residential and economic development and tourism promotion in the downtown Yakima area; and WHEREAS, it has been determined in order to fulfill its purpose of redeveloping downtown Yakima and stimulating residential and economic development and tourism promotion, it will be necessary and appropriate for the Committee for Downtown Yakima to recruit and hire a director, create operating and executive boards and engaging in a capital funding campaign; and WHEREAS, it has further been determined in order to fulfill its purpose of redeveloping downtown Yakima and stimulating residential and economic development and tourism promotion, it will be necessary and appropriate for the Committee for Downtown Yakima to thereafter embark on programs and activities related to the redevelopment of downtown Yakima; and WHEREAS, during the City's annual budget process, the Committee requested that the City assist the Committee with initial funding of $75,000.00 for the management and operation of the Committee, and an additional $300,000.00 of funding thereafter to be matched by Committee through pledges; and WHEREAS, on April 12, 2005, the Yakima City Council directed staff to bring forth a contract regarding this agreement; and -1- WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of an agreement between the City of Yakima and the Committee for Downtown Yakima for the management, operation and maintenance of the Committee for Downtown Yakima and its facilities, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an agreement in a form substantially similar to the attached "Committee for Downtown Yakima Management and Promotion Agreement" for the management, operation and maintenance of the Committee for Downtown Yakima and its facilities. The final form of the agreement shall be subject to the approval of the City Attorney. ADOPTED BY THE CITY COUNCIL this3rd day of May, 2005. Si PAUL GEORGE ATTEST: Paul P. George, Mayor Is/ KAREN S. ROBERTS City Clerk Certified to be a true and correct copy of the original filed in my office. ,.�,��/1n J._ CITY CLERK s2®