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,, <br />Council Minutes of 11/16/1999 <br />portions of these ordinances are first, establishing such along-term agreement for <br />exclusivity; two, some of the revenue benefits from this agreement provide for donations <br />to a proposed skateboard park within a city negotiated contract. The first issue of the 10- <br />year agreement can be explained based on the extent of the benefit to the city as opposed <br />to any similar agreement with other companies. She has requested a copy of similar <br />agreements from other cities for a point of reference in comparison as she needs that <br />information prior to agreeing to a ten-year term for North Olmsted. Of more immediate <br />concern, is the inclusion of a contribution to the skateboard park that is included within a <br />city negotiated contract. Those are the key words. Recently, Council was provided <br />information regarding the fact that all monies donated to the skateboard park are <br />deposited into Endowment Fund 810 to be used only for that purpose and to remain <br />totally separate from General Fund money. In her opinion, that is a legal given and that <br />was never her question. Her question, in fact, regarding the funding of the park has <br />always been just the opposite. The proponents of this park have consistently made it <br />clear to this Council and to the residents of this city that the park would be totally funded <br />by donations and that the General Fund money designated for purposes other than the <br />skateboard park or special projects would not be used at any time for this project. It is <br />Council's obligation to monitor the expenditures from that General Fund and, specifically <br />as it relates to the skateboard park, there is a history of a concern about this which needs <br />to be presented. At a public hearing, concerned residents were promised that the park <br />would be funded solely through contributions. Yet, that policy was violated when <br />traveling expenses for a consultant for the skate park were paid out of Special Services, a <br />General Fund line item. That has been corrected. Secondly, further concerns in this <br />regard arrived when a contract to draw specifications for the skate park was signed by the <br />Mayor on behalf of the city. She had a concern about that, which she addressed to the <br />Law Department. The Law Department assured her that that is a manner in which that <br />can take place. She will defer to their judgment, but her concerns remain with her <br />personally that we are negotiating a contract on behalf of the city for a project that is not <br />to be funded with city funds. Secondly, we are faced with a contract which provides <br />Coke a 10-year exclusivity to do business with the city in return for a percentage of <br />proceeds and lump sum payments to be donated to areas throughout the city. Included in <br />this city contract with Coke is a donation to the skateboard park for $25,000. It is her <br />belief, based on the stipulations and limitations established for funding of the park that: <br />(1) a donation to the skateboard park should not be included in a city negotiated <br />contract-not that there shouldn't be a donation as was portrayed earlier, but that <br />donation should not be included in a negotiated contract for the city; (2) the issue of the <br />skateboard park was at some time inappropriately made part of this negotiation, <br />confirmed by the fact that it was an actual section put into the city contract. Therefore, it <br />may have affected the entire exclusivity contract. Simply removing the skate park <br />donation amount from the agreement does not remedy the problem or a flawed contract. <br />Instead, it is the feeling of some Council members, and her strong feeling, that <br />negotiations with Coke should continue to determine an agreeable figure for the city to <br />receive for General Fund items for which this city is responsible and for which Council is <br />obligated to locate and approve funding in exchange for this generous ten-year agreement <br />of exclusivity. In short, it should be determined if whether that total figure of <br />approximately $296,000 over ten years can benefit the entire city through the General <br />5 <br />