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<br />Mr. Schoomer stated that the use of public streets is certainly within the purview of this <br />Council. You can set speed limits. You can set traffic laws and you can change the use of <br />surrounding performances. So the question at-hand is the use of private streets. The city <br />does not own these streets and by state law they are prohibited from performing work on <br />them. This is the same state law that does not permit the city to send staff out to cut the <br />grass, remove the snow or paint a house. Therefore he stated the measures to sweep the <br />streets are improper under this law and thinks the city really needs to look at the programs <br />that you are trying to implement. As residents in a private subdivision, we can limit use of <br />the streets; we can close them if we please; we can have street parties whenever we <br />please. We are certainly always open to the use of the streets by our neighbors and <br />provide passage. Mr. Schoomer said no one has ever been arrested for walking or biking <br />on these streets, even though residents have the ability to do so. If you have to take any of <br />these measures to change anything within these private subdivisions you would be in <br />violation of public law. Using public funds to implement this thing is inappropriate, and you <br />will have to compensate the private subdivisions should you attempt to use them. Mr. <br />Schoomer stated that he would strongly recommend that the city reconsider this measure <br />carefully so as to not put the city or the agents and trustees at risk. <br /> <br />Mr. Price asked the City Manager why the action statement referring to not immediately had <br />been inserted in the resolution. Are you saying that there is no matching money this time <br />around? City Manager Walker stated that in most cases that would be correct, there would <br />be a match required if we were applying for funds to support this project. Mr. Price then <br />asked why he had been informed that there would be no cost associated with the <br />implementation of this plan. Mr. Walker stated that he did not recall anyone making that <br />statement, because clearly there would be some costs associated with implementation. Mr. <br />Price asked where the funding would come from. Mr. Walker stated that the plan identifies <br />several funding sources. Mr. Price asked where the matching funds would come from. Mr. <br />Walker stated that the city would budget for the funds as a part of the Capital Improvement <br />Plan. Mr. Price asked if the funding would come out of the budget for streets and <br />sidewalks. Mr. Walker stated that essentially what they would do is include a separate <br />budget item for the plan. <br /> <br />Mr. Price stated that he believed that the funding of this plan would reduce funding for other <br />items on the budget. If Public Works was telling Council that they cannot afford to sweep <br />rd <br />the alleys in the 3 Ward, funding this project would mean that now we are going to add <br />stripes down Ferguson when the alleys are still in disrepair. So what he needs is a copy of <br />the same information that you provided to Mr. Sharpe so that he can be 100 percent <br />assured that there will not be a misallocation of the basic funds for repairing our streets, <br />alleys and sidewalks. Mr. Price stated that he was reading immediate funds, but hearing <br />something different, and when this plan passes what’s written is what counts, not what <br />anybody has said. <br /> <br />Mr. Walker informed Mr. Price that he could provide him with the information this week. <br /> <br />Mr. Crow stated that Council has a resolution that says that it does not immediately commit <br />funds, but we’ve also had the head of the Task Force come up and say that this will <br />immediately make us available for funds. So while I understand the difference, once we are <br />filling out these grants for the outside that then means we are committing a local match, and <br />no one has said where this local match will come from. He stated that his colleague from <br />rd <br />the 3 Ward has said that he is now comfortable that no funds will be expended without us <br />knowing ahead of time, but he tends to think that we have been down this road before. <br />Therefore he would have to agree with Mr. Price, and would also like to see that same <br />information. To his colleagues from the private subdivisions he understood their concerns <br />and think that they are legitimate concerns. Mr. Crow then asked the City Manager who <br />had written and submitted the resolution. <br />17 <br /> <br /> <br />