Here’s some insights into what the council will be asked to decide and when . . . Looks like they may have learned a few things about negotiation from the library debacle.
From: Piraino, Janet
Sent: Wednesday, June 30, 2010 10:09 AM
To: ALL ALDERS
Cc: May, Michael; Brasser, Dean; Statz, Andrew; Cieslewicz, Dave; Simon, Debra
Subject: Overture resolutionDear Alders,
Just wanted to give you a heads up about the resolution we will be introducing at Tuesday’s council meeting that asks for council approval of our general negotiating position on the future of Overture. We don’t want to begin negotiations until we get a general thumbs up from the council that we’re heading in the right direction. There are obviously many details that need to be worked out and we will, of course, come back to the council with any agreements that are reached. We will also work to keep you apprised of how negotiations are proceeding. We’re working with leadership to schedule an all-council briefing on the issue in addition to BOE disucssion to give you the opportunity to ask questions before voting on the comfort resolution.
I have been working with council leadership and Ald. Verveer on the language to this resolution and they have agreed to sponsor the resolution along with the Mayor. If anyone else is interested in sponsoring the resolution, please let me know by mid-day today. And don’t hesitate to contact me with any questions or comments.
Thanks much!
Janet.
From: Janet Piraino [mailto:jlpiraino@gmail.com]
Sent: Wednesday, June 30, 2010 9:35 AM
To: Piraino, Janet
Subject:OVERTURE COMFORT RESOLUTION
Resolution authorizing the Mayor and City staff to negotiate with the Madison Cultural Arts District and to recommend a plan for the City’s role in the long-term viability of the Overture Center, to include certain elements in any plan, and to present the City’s role in the plan and any city agreements to the Common Council for approval
Whereas, the Madison Cultural Arts District (MCAD) operates the Overture Center for the Arts; and,
Whereas, the Overture Development Corporation (ODC) owns the facility, and ODC’s functions have been absorbed by MCAD, and,
Whereas, the City of Madison (City) supports MCAD with an annual payment, pursuant to the Operation and Cooperation Agreement between the City and MCAD, as amended (the Operation Agreement); and,
Whereas, MCAD and ODC recently reached an agreement with its creditors to resolve issues related to the Series B debt on the Overture Center building; and,
Whereas, the debt resolution agreement is contingent upon certain actions by the City before December 31, 2010; and,
Whereas, the Overture Center Foundation also provides support to MCAD and the Overture Center; and,
Whereas, it is in the best interests of the City, MCAD, ODC and the Overture Center Foundation to prepare new agreements to place the operation of Overture on solid ground for the future;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor and City staff shall negotiate with MCAD, ODC and the Overture Center Foundation in order to present to the Common Council new agreements to govern the future ownership and operation of Overture. An independent citizens group will review and analyze the future business plan of Overture to determine its financial feasibility. The details of any plan for the future of Overture shall be presented to the Common Council.
2. That any agreements between the City, MCAD, ODC, the Overture Center Foundation, or any other entity, related to the City’s role in the future operation of Overture, shall be presented to the Common Council for approval.
3. That the City’s obligations in any agreements with respect to the future of the operations of Overture may include any or all of the following elements:
a. Purchase of the Overture Center facility, free and clear of any liens or encumbrances, for no more than $1.00.
b. Agreement by the City to undertake the long-term capital maintenance of the Overture Center.
c. Continuation of the City’s current operating subsidy to Overture at approximately the current net level.
d. Adequate plans to assure, to the extent possible, that no current employees of the City who work at Overture are involuntarily laid off.
e. Such other provisions as will assist in the long-term stability of Overture operation.
4. That during the course of any negotiations, the Mayor shall consult with Council leadership and shall, from time to time, advise the Board of Estimates regarding the progress of negotiations.
