CC Minutes - 08/13/03 WS - Laserfiche WebLink

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on whether one viewed the two buildings as a unit. The designation related to the buildings themselves as well as the uses. Mr. Kelly asked if the EECA could sublease a room in the center to another entity under the conditions of the CUP. Mr. Svendsen said that it depended on the nature of the use involved. Headquarters or offices for service agencies supporting senior programs would be allowed. The use must be primarily related to the support of senior services. Mr. Kelly suggested that the definition of "support" could then become an issue. For example, a commercial enterprise could provide financial support to the EECA. He asked who enforced the conditions of the CUP. Mr. Svendsen said that it was the Planning Division. Staff would look at the nature of the activities being conducted. Ms. Bettman noted that the property was bequeathed to the City for the use of senior services. While that was not legally binding, she thought that if there was a viable proposal to deliver senior services through the center, the City should make the property available. She discussed the EECA's plans for operating the property and noted her strong support for the agency's proposal. She indicated she had some amendments to offer the motion to make it more consistent with what the agency needed to provide services and to be consistent with the action taken by the Budget Committee in regard to the facility. Mr. PapS, seconded by Ms. Nathanson, moved that the council adopt Resolution 4773, a resolution authorizing execution of lease with the Emerald Empire Council on Aging (EECA) and further move that the City Manager return to the council at the time of Supplemental Budget #1 with a request to provide an additional $12,000 from the Kaufman Center Trust Fund to the EECA as a grant for start-up expenses. Mr. Pap8 said he could not uncouple the previous discussion from this discussion. He acknowledged the request was relatively small but he preferred to retain any available dollars when possible and thought streets relatively more important than the Kaufman Center in terms of the services the City provided to the community. Mr. Pap8 asked about the physical condition of the annex. Mr. Svendsen said that it was deteriorating. He estimated that $75,000 in work was needed immediately to make the facility usable for the public. He noted code problems associated with the facility that would also require the expenditure of funds. Mr. Pap8 asked if the facility was handicapped accessible. Mr. Svendsen said "no." Installing accessibility features, including converting the bathrooms to be accessible, would cost several thousand additional dollars. Mr. Pap8 asked who was liable for injury at the facility if it was leased to the EECA. City Attorney Glenn Klein indicated the lease would stipulate that the nonprofit indemnify the City, but that indemnity was only as good as the financial wherewithal of the nonprofit organization. The City would require the lessee to have insurance. He believed the City would be named as a defendant if someone was hurt and a suit was filed, incurring some legal costs for the City. Mr. Svendsen indicated that the EECA proposed a $1 million policy, which was standard. Mr. Pap8 suggested that the City would have to pay property taxes on any portion of the property not occupied by a nonprofit entity. Ms. Nathanson thought the lease of the Kaufman Center to the EECA would provide a public service and serve a public purpose. She said senior services were a growth area and the need would only increase. In the past she had opposed the closure of publicly owned assets such as MINUTES--Eugene City Council August 13, 2003 Page 6 Work Session