HomeMy WebLinkAbout11/15/93CITY COUNCIL WORK SESSION
November 15, 1993
5:40 p.m.
Large Conference Room
Roll call: Mayor Manning, Angel, Lemke, Wright, Fox and Budak.
Members absent: Dell and Buck.
The purpose of the meeting was to discuss the proposed contracts
with the golf pros for the year beginning January 1, 1994.
City Attorney Jim Walsh stated that the agreements with the golf
pros commence on January 1, 1994 and continue until December 31,
1996 unless terminated sooner as specified in the agreement. On or
before September 1st of each year, each party will have the right
to terminate the agreement without cause or reason by giving
written notice to the other party by October 1st of that year.
Termination will then occur on December 31st of that year. The
agreement will automatically continue if neither party gives
notice.
The golf pro shall collect all daily green fees, season ticket fees
and miscellaneous revenues as required by the Park Commission. The
golf pro shall pay to the Park Commission a sum of 8% of the gross
revenues from the sale of food and beverages, including beer, sold
at the pro shop and from riding cart rentals provided by the golf
pro. Said sum shall be remitted to the city at times specified in
the contract. Councilperson Lemke questioned why the 8% was not
due every month. Mr. Walsh stated that the remittance schedule was
agreed to by the Park Commission and pros and was thought to be
adequate.
Councilperson Angel questioned whether the proposed contract was a
personal services contract or a contract for service. Attorney
Walsh stated that the city may enter into personal service
contracts without the benefit of a bid process. Councilperson
Angel stated that by not allowing open bids minorities and women
are prohibited from bidding. She further stated that she did not
agree with the three year contract.
A written communication from Vernon E. Weems, Jr. dated November
15, 1993 was presented. Mr. Weems requested that the contracts be
rejected because they are discriminatory in nature. In response to
a question by Councilperson Wright, Attorney Walsh stated that Mr.
Weems may have a point in principle but probably not legal
standing. Councilperson Lemke stated that by not bidding the
contracts the city does not know it the best person has applied.
Councilperson Lemke supported the remarks of Mr. Weems.
Councilperson Fox questioned how the city can continue to do
business with one engineering firm without the benefit of bidding.
Mayor Manning responded that he has not been contacted by other
engineering firms to do city work. He noted that he has been
contacted by several individuals who would be willing to provide
services relating to golf operations but the city will never know
if we have the best possible contract.
Councilperson Budak commended the work of the golf committee in
working out a good agreement.
Councilperson Angel stated that approval of said contracts would
allow the continuation of the "good ole boys system".
Noting that not all council members will probably be present at
tonight's meeting when the contracts are voted on, Councilperson
Wright questioned the affect of a tie vote on this matter.
Attorney Walsh stated that the Park Board has the exclusive right
to approve the agreements and that if the council should tie or
disapprove the contracts, the Park Board could then take action to
approve the agreements regardless of the council's action. It was
noted that the council had requested that the agreements come
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