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HomeMy WebLinkAboutMinutes-08/22/2005• • August 22, 2005 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 22, 2005. Mayor Pro Tem Ron Welper in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Nancy Eckert, City Clerk. 122196 Gunderson/Kincaid that the Agenda, as amended, for the Regular Session on Monday, August 22, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 122197 - Gunderson/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, August 15, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Pro Tem Welper read a Proclamation endorsing Cedar Valley Promise's efforts to bring together parents, students, schools and the community in celebration of education commencing on August 29, 2005, DAY ONE, of the school year. Mayor Pro Tem Welper read a Proclamation declaring August 27, 2005 as Fall Freedom Fest Day. Ryan Malecek presented Historic Preservation Award honoring the City and Memorial Hall Commission's efforts to maintain Memorial Hall as a publicly owned historic property. CONSENT AGENDA 122198 - Kincaid/Gunderson that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-59, dated August 22, 2005, in the amount of $2,998,357.47, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 773. 2. Communication from City Engineer transmitting request of Timothy J. Chamberlin for a waiver for a concrete driveway to be located at 3726 E. Shaulis Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 774. 3. Communication from City Engineer transmitting request of Jeff Stickfort for a waiver for a concrete driveway to be located at 3759 Ranchero Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 775. 4. Communication from City Engineer transmitting request, of M & R Iowa, LLC for a waiver for a concrete driveway to be located at 2320 W. Airline Highway, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 776. 5. Communication from Police Chief transmitting request of Queen of Peace Parish to hold Closing of the Year of the Eucharist Procession on October 23, 2005 following 11:00 a.m. Mass, with route starting at the front of the church at 320 Mulberry Street, west to 2nd Street, south to Lafayette Street, east to Park Avenue, north to Mulberry Street and west on Mulberry Street ending in front of the church. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 777. August 22, 2005 Page 2 Consent Agenda continued 6. Communication from Police Chief transmitting request of Queen of Peace Parish to hold Closing of a Year of Spiritual Renewal Procession on October 2, 2005 to begin at 10:30 a.m. on East 4th and Lafayette Streets, East 4th to Mulberry Street, Mulberry Street to Park Avenue, Park Avenue to Lafayette Street, Lafayette Street to 2nd Street, 2nd Street to Mulberry Street with possession to end at Queen of Peace, 620 Mulberry Street. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 778. 7. Communication from Police Chief transmitting request of West High School to hold annual Homecoming Parade on September 15, 2005 from 2:00 p.m. to 2:30 p.m., with route starting in the west parking lot traveling west on E. Ridgeway Avenue, then north on Kimball Avenue, east on Easton Avenue, south on Baltimore Street and west on E. Ridgeway Avenue to the west parking lot. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 779. 8. Communication from Police Chief transmitting request of Grout Museum District to hold Tall Grass Prairie Brewfest on September 17, 2005 from 5:00 p.m. to 9:00 p.m. at Soldier's and Sailor's Park and Cedar Street from 4th Street to 5th Street. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 780. 9. Communication from City Clerk transmitting request of REMAX Home Group for a variance to the Noise Ordinance on August 27, 2005 from 4:00 - 6:00 p.m. in conjunction with a Client Appreciation Picnic to be held at Byrnes Park, including games, tethered balloon rides, horse drawn hay rides and the UNI four -piece Jazz Band, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 781. 10. Communication from City Clerk transmitting request of Breath of Life Church for a variance to the Noise Ordinance on August 28, 2005 from 4:00 - 6:00 p.m. in conjunction with a Christian band performing in Lafayette Park, located at the corner of Lafayette and 18th Streets, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005- 782. b. Motion to approve the following: 1. Communication from Building Official/Maintenance Administrator transmitting recommendation of appointment of Craig Clark to the position of Permit Writing Specialist, effective September 6, 2005. 2. Communication from Director of Cultural & Arts Commission transmitting recommendation of appointment of Chawne Paige to the position of Graphic Designer/Digital Arts Manager, effective August 23, 2005. 3. Communication from Mayor Hurley transmitting recommendation of appointment of David Meeks to the position of Executive Director of the Waterloo Commission on Human Rights, effective September 7, 2005. 4. James Bartlett, Investigative Analyst, and Todd Wilson, Civilian Planner/Operations Contractor, to attend MOCIC Annual Conference and Training in Springfield, Missouri on September 26 - October 1, 2005, with costs not to exceed $1,355.81, including use of city vehicle. 5. Steve Bagenstos, Lab Officer, to attend Crime Scene Reconstruction School in Miami, Florida on October 15-24, 2005 with costs not to exceed $698.00. 6. Brian Weldon and Ritchie Hesse, Police Officers, to attend Region 3 Annual In -Service Bomb Training Conference in Oklahoma City, Oklahoma on September 10-16, 2005, with costs not to exceed $2,361.60, including use of city vehicle. • • August 22, 2005 • • Page 3 Consent Agenda continued 7. Jim Oliver and Aaron McClelland, Police Officers to attend 5th Annual Iowa National Association of Field Training Officers Conference in Des Moines, Iowa on September 22-23, 2005, with costs not to exceed $523.40, including use of city vehicle. 8. Tim Hurley, Mayor, to attend Iowa League of Cities Annual Conference & Exhibit in Des Moines, Iowa on September 14-16, 2005, with costs not to exceed $150.00. 9. Jason Verbraken, Rehabilitation Specialist, to attend Lead Inspector/Risk Assessor Training in Milwaukee, Wisconsin on August 22-23, 2005, with costs not to exceed $290.00, including use of city vehicle. c. Beer/Wine License Permit Application Special Class C Young Arena, 125 Commercial Street (Renewal) (Expires 9/6/06) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C MaMa Nick's Circle Pizzeria, 1934 Washington Street (Renewal) (Expires 9/9/06) (Includes Sunday Sales) Kings & Queens, 304-306 West 4th Street (Renewal) (Expires 8/27/06) (Includes Sunday Sales) e. Fireworks Display Application West High School, 425 E. Ridgeway Avenue on September 16, 2005 f. Bonds. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 122199 - Gunderson/Schmitt that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $49,043.52 to B&B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2005 Sidewalk Repair Assessment Program - Zone 5, Contract No. 691, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-783. 122200 - Gunderson/Schmitt that communication from Superintendent of Waste Management Services transmitting recommendation of award of contract in the amount of $133,600.00 for two International truck chassis to Hawkeye International of Waterloo, Iowa and award of contract in the amount of $125,700.00 for two Curbtender boxes to Wayne Engineering of Cedar Falls, Iowa in conjunction with Purchase of Two Automated Garbage Trucks for Waste Management Services, be received, placed on file and "Resolution approving award of said contracts", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-784. DOCUMENTS 122201 - Clark/Cole that communication from Associate Planner transmitting request of Cedar Valley Restoration & Development for tax exemptions totaling $127,700.00 for 213 East 8th Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-785. 122202 - Clark/Cole that communication from Associate Planner transmitting request of Lewis & Nadine Burkett for tax exemptions totaling $14,200.00 for 2125 City View Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-786. August 22, 2005 Documents continued Page 4 122203 - Clark/Cole that communication from Associate Planner transmitting request of Karen & Dennis O'Connor for tax exemptions totaling $13,000.00 for 555 Helmet Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-787. 122204 - Clark/Cole that communication from Associate Planner transmitting request of Lenora Scott for tax exemptions totaling $21,550.00 for 318 Halstead Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-788. 122205 - Clark/Cole that communication from Associate Planner transmitting request of Prairie Construction Co. for tax exemptions totaling $206,211.00 for 321 West 18th Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-789. 122206 Clark/Cole that communication from Associate Planner transmitting request of Cammie Scully for tax exemptions totaling $25,000.00 for 605 Riverside Drive located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-790. 122207 - Schmitt/Clark that communication from Superintendent of Traffic Operations transmitting agreement with Kirkham Michael Consulting Engineers of Urbandale, Iowa at a cost of $8,000.00 for construction inspection services relating to the construction of traffic safety improvements at the intersection of University Avenue at Ansborough Avenue TRF -110-5, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-791. 122208 - Schmitt/Clark that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $149,578.00 with Aspro, Inc. and Subsidiaries of Waterloo, Iowa in conjunction with 2005 Byrnes Tennis Complex Renovation Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-792. 122209 - Schmitt/Clark that communication from Community Planning and Development Director transmitting agreement with Lockard Realty of Waterloo, Iowa at 5 percent commission rate to sublet the former Hy -Vee Store site at 2052 Logan Avenue, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-793. • • August 22, 2005 • • Documents continued Page 5 122210 - Schmitt/Clark that communication from Community Planning and Development Director transmitting professional services agreement with Vandewalle & Associates of Madison, Wisconsin to provide implementation services for the Riverfront Renaissance Plan at a cost not to exceed $60,000.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated he received a telephone call today from a person asking why the city continues with Vandewalle & Associates instead of getting bids or getting someone else involved in the Downtown Riverfront Renaissance Project. Don Temeyer, Community Planning and Development Director, responded that working on design and planning activities is not an objective thing, but we are hiring professional services. Mr. Temeyer stated if we switched consultants we would change our emphasis on the riverfront, so we want to continue using them as long as we are satisfied with the services they provide. Mr. Temeyer stated we are moving ahead on the Vision Iowa Projects, working with the developers on the Eastside Housing, the Art Plaza Housing Project, the Cedar Valley Tech Works and we received $3.2 million from Iowa Department of Economic Development to pursue the Tech Works. Mr. Temeyer stated he feels the city has been very successful working with Vandewalle & Associates to redevelop the downtown and neighborhoods around the downtown. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-794. 122211 - Schmitt/Clark that communication from Associate Engineer transmitting agreement with Kirkham Michael and Associates, Inc. of Urbandale, Iowa for design engineering services at a cost of $99,964.00 in conjunction with F.Y. 2006 San Marnan Drive Traffic Improvements - Phase III, Contract No. 702, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-795. 122212 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting agreement with Johnson Controls, Inc. of Cedar Rapids, Iowa at a cost of $360,925.00 for Five Sullivan Brothers Convention Center Facility Improvement, Phase II, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson asked if this project was sent out for bids for anyone else to supply repairs. Lou Cutwright, Building Official/Maintenance Administrator, responded two years ago the city contracted with Johnson Controls to come in and completely assess the maintenance situation at the Five Sullivan Brothers Convention Center, and they were given authorization to proceed with Phase I at a cost of $119,000.00. Mr. Cutwright stated Johnson Controls continued with Phase II and these are the findings and repairs that need to be made. Mr. Cutwright stated that within the structures of these repairs, if they need to go out for bid on something, they will seek bids to look after the total cost of the project and get the lowest possible price. Mr. Cutwright stated Johnson Controls will sublet some of the items, and if they cannot do the work for the lowest possible price, they will get other bids. Councilperson Gunderson noted that one of the items is lighting control system and asked if that included switches to turn the lights on and off and asked if that work could be done in-house. Mr. Cutwright responded that could not be done in-house as we are minus an electrician and the time it takes to do those things is just more than replacing just the switch, it is a whole system to be installed to control all of the lighting in the structure so they do not stay on longer than they have to. August 22, 2005 Documents continued Councilperson Gunderson stated that it seems like we have agreements with Johnson Controls, and Mr. Cutwright has said we are not obligated to go with them, that they are going to evaluate our systems and they will project how we can fix them and it just seems like we continue to go back to Johnson Controls. Councilperson Gunderson stated that no matter what we do we never take out bids, and this is a $360,000.00 bid, and we are primarily turning it over to Johnson Controls to do the work without getting competitive bids with anyone else. Councilperson Greenwood stated he was not originally supportive of this, and it was his understanding that Johnson Controls would make recommendations to the council, the work would then be bid out. Councilperson Greenwood stated that if Johnson Controls says they have the best price on a certain proprietary product, they think they have the best price, and they will not send it out for bid because they think they have the best prices. Mr. Cutwright responded it is not that they think they have the best price, and Johnson Controls did not put this package together by themselves, we incorporated Gilmor & Doyle to be the engineer on the project. Gilmor & Doyle put together the technical bid process and did a lot of the research on best costs that they could solicit for working these projects. Mr. Cutwright stated that Johnson Controls put the package together working with Gilmor & Doyle and brought it back to the council showing the savings in energy that would be necessary. Mr. Cutwright stated there is a significant savings in energy by going with variable frequency drives on the motor system on the air handlers and all of the things necessary to put it together. Page 6 Councilperson Greenwood asked who measures it, who will check that we will be saving money, and Mr. Cutwright responded that Gilmor & Doyle is going to be the engineer on the project and be the city's link between him and Johnson Controls. Councilperson Greenwood asked if they would be giving the city a report every year on the amount of energy we used last year, the amount of energy used this year, and here is what we actually saved. Mr. Cutwright responded that the contract we entered into with the hotel manager of the Ramada Inn specifically outlines the guaranteed amount of savings that would be paid back over a five year period that would pay for this project, and the taxpayers would not burden with this cost. Mr. Cutwright stated it would be paid back to the citizens of Waterloo via the energy savings that will be realized from this upgrade. Councilperson Greenwood asked if the Metasys Direct Digital Controls equipment were a Johnson Controls product. Mr. Cutwright responded that is a Johnson Controls product that we have in the city, that all of the buildings are controlled by that particular product and the city has been using it for years and this is just upgrading that product to a digital control system. Councilperson Greenwood stated that we are to pay 35 percent of the cost of the contract upfront before anything is done and asked if that is a normal way the city does business. Mr. Cutwright responded he will check into that. Councilperson Schmitt stated he likes the way it is laid out, it shows annual energy savings for each project and asked if there would be something in place that the city will track the energy savings. Councilperson Schmitt stated we are spending $360,000.00 and we are going to save $69,000 every year for five years, and it will be totally paid in 5.2 years. Councilperson Schmitt stated the contract also says the city will have an overhead avoidance every year after that so we won't have those types of energy bills because of the enhancements we are making to the system. Mr. Cutwright responded we will be tracking the energy savings, especially as far as equipment replacement which is cost avoidance when it comes into play and a report will be given to the council as often as they would like. Councilperson Clark noted there was a $15,000.00 cost for the study. Mr. Cutwright responded this is a totally different item then that study. Councilperson Clark noted the parts are warranted and asked if the anticipated savings are warranted in any way from Johnson Controls so that if the city does not realize the savings in whole or part is there some rebate or fix if it takes twice as long or if we don't realize the savings is there some remedy for that. Mr. Cutwright responded that the State of Iowa does not allow them to enter into a guarantee contract of that nature, but in looking at the energy costs, the energy costs will continue to go up, but Johnson Controls is saying the volume use of the energy is going to go down. Mr. Cutwright stated that Johnson Controls cannot say they will guarantee it because we are not a state that does that. Mr. Cutwright stated that Johnson Controls is saying when you look at the 1970 vintage equipment presently used at the Five Sullivan Brothers Convention Center, the energy use is very high, and there will be savings but at this point we don't know how much. • • August 22, 2005 • • Documents continued Page 7 Councilperson Clark stated there was an article in today's paper about Mr. Cutwright's relationship with Johnson Controls with Black Hawk County's facilities and building management and asked if the city is heading that way where Mr. Cutwright will request we turn our building controls over to Johnson Controls for building/facilities management. Mr. Cutwright responded he will be bringing a report to council in about a month and a half relative to the total management of the system. Mr. Cutwright stated he will not bring the report back to the council if he does not perceive there is going to be a significant savings. Councilperson Clark asked if that would include labor savings for current city employees, and Mr. Cutwright responded that will include labor savings if you realize at this point he is short a staff member and he can get the same building maintenance with the present staff we have that would be a significant labor savings. Councilperson Clark if the city currently has a certified HVAC person who could do some of the work. Mr. Cutwright responded we do not at this point because the employee has been on military leave, but will be coming back and he will be looking at the whole arrangement when the employee returns. Councilperson Greenwood asked if Mr. Cutwright ever talked to an energy consultant about hedging our energy consumption in the commodities market like buying so much natural gas prior to our use so we get a better price on what we are going to consume. Mr. Cutwright responded he has been involved with Black Hawk County in hedging the cost of energy at the Black Hawk County Jail because they bought gas at the well head instead of at the finish for several years. Mr. Cutwright stated the first year because the gas price did not go up to the level the county had hedged at, Black Hawk County actually lost $21,000.00, and the last year they lost about $350.00 and the Board of Supervisors decided not to hedge this year. Mr. Cutwright stated one of the things to keep in mind you can only hedge price on the well head price, not on the retail cost, and he doesn't' feel there is enough volume use at all the city buildings to hedge any of those costs. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood, Gunderson. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-796. 122213 - Cole/Schmitt that communication from Chief Financial Officer transmitting letters from Berens -Tate Consulting Group of Omaha, Nebraska regarding completed arbitrage testing for nine general obligation and sewer revenue bond issues, be received, placed on file and "Resolution approving said letters", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-797. 122214 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $271,849.00 from Nielsen Building System of Racine, Wisconsin in conjunction with Live Fire Training Structure/Fire Rescue Training Center, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-798. 122215 Cole/Schmitt that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $49,043.52 from B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2006 Sidewalk Repair Assessment Program - Zone 5, Contract No. 691, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-799. August 22, 2005 Documents continued Page 8 122216 - Cole/Schmitt that communication from Superintendent of Waste Management Services transmitting joint funding agreement with U.S. Department of Interior, U.S. Geological Survey, for operation and maintenance of River Gage Station at 6th Street and depth measurement of river diffuser at Easton Avenue Treatment Facility, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-800. 122217 - Cole/Schmitt that communication from Community Planning and Development Director transmitting Development Agreement with Lee Enterprise dba The Courier for renovation/development of mixed use commercial building in the Downtown Waterloo Urban Renewal and Redevelopment Area, with a minimum assessment of $1,021,380.00 and tax rebates for ten years at 100 percent, less the debt service levy, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-801. RESOLUTIONS TO BE ADOPTED 122218 - Kincaid/Cole that "Resolution authorizing certification of a Cultural District for ten years to be named the Downtown Waterloo Cultural District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-802. 122219 - Kincaid/Cole that "Resolution approving Mayor Tim Hurley's proposal to co-sponsor UNI-CUE's annual Back to School Supplies Day for $500.00 using the YES+ Initiative Program funds", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated he understands the Mayor's reasoning and thinks it is a good one, but he happens to disagree because this is public money, taxpayer money and philosophically disagrees with spending public money for school supplies. Councilperson Clark stated there are lots of programs for funding for that, and he does not agree with spending that amount for that particular purpose out of that fund. Councilperson Greenwood stated it is probably the right thing to do but probably the wrong bucket of money to pull it out of. Councilperson Greenwood stated there are other places, other people and other agencies that fund this type of thing, and he does not think we should use public tax monies to pay for it. Councilperson Schmitt pointed out the Yes+ Initiative Program does contain public money, but it also contains community donations into the fund, so it is a combination of private and public monies. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood, Clark. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-803. ORDINANCES TO BE ADOPTED 122220 - Schmitt/Cole that "an Ordinance amending the 2003 Traffic Code by: repealing Subsection (229) Linn Street of Section 551, Parking Prohibited At All Times on Certain Streets; and enacting in lieu thereof a new Subsection (229) Linn Street of Section 551, Parking Prohibited At All Times on Certain Streets (restricting parking on the west side of the 900 block of Linn Street between Oliver and Gable Streets)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 122221 - Schmitt/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. • • August 22, 2005 Ordinances to be Adopted continued 122222 - Schmitt/Kincaid Page 9 that "an Ordinance amending the 2003 Traffic Code by: repealing Subsection (229) Linn Street of Section 551, Parking Prohibited At All Times on Certain Streets; and enacting in lieu thereof a new Subsection (229) Linn Street of Section 551, Parking Prohibited At All Times on Certain Streets (restricting parking on the west side of the 900 block of Linn Street between Oliver and Gable Streets)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4779. NEW BUSINESS 122223 Greenwood/Clark to instruct the Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with Installing Outdoor Warning Sirens, TRF -117-06, be received, placed on file and approved. Ayes: Seven. Motion carried. 122224 - Greenwood/Cole that plans, specifications, form of contract, etc. in conjunction with Installing Outdoor Warning Sirens, TRF -117-06, be received and placed on file. Ayes: Seven. Motion carried. 122225 - Greenwood/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2005-804. 122226 - Greenwood/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 6, 2005 at 5:30 p Chambers and taking bids on the above described Clerk instructed to publish notice of same. Ayes: Resolution adopted and upon approval by Mayor Pro ORAL PRESENTATIONS .m. in the City Hall Council project", be adopted and City Seven. Tem assigned No. 2005-805. 122227 - Charles Pearson, 516 Rhey Street, stated two weeks ago he dropped off a copy of the African American Business Directory. Mr. Pearson stated that this is the only directory of this kind in the Midwest, so to be able to have our city represent other African American communities outside the circle is a gift to the city and our African American community. Mr. Pearson stated there are minorities in all the wards and he was looking for feedback from the council about African Americans that might be in business or in their wards. Mr. Pearson stated there is only one week left before publication of the directory. Mr. Pearson stated the first African American Business Directory was endorsed by the city and when Walter Reed did the first directory the city embraced it. Mr. Pearson noted 10,000 copies of the 30 page directory will be made and given out all over the city for free. Mr. Pearson stated that the city has not taken the time to embrace the African American business community and asked if the council has any feedback or input on the directory to make it successful. Mr. Pearson stated he is an event planner, and that he has talked to Ruth Cunningham about events in the African American community and that people don't take them seriously. Mr. Pearson stated there are some girls and boys, between the ages of 13 and 17, who are doing positive things, who just came back from Florida, California, and Texas playing basketball all summer. Mr. Pearson stated he is putting together The Dr. Walter Cunningham Labor Day Week -End Youth Basketball classic on Saturday, September 3, 2005. Mr. Pearson stated the youth in the urban community have had a terrible year this year, so this event would be something to go out with a bang. Mr. Pearson stated this event would lead the kids in a positive environment, especially going into the school year and hopefully next summer we can get more creative on how we work with the youth on that side of town. Mr. Pearson stated when it comes to Leisure Services, we need to step up to the plate next year because Sullivan Park and Gates Park really did not have constructive activities for the kids. Mr. Pearson explained the cost of the event is about $2,810.00 and the need to generate funds. August 22, 2005 Oral Presentations continued Councilperson Welper responded that concerning the directory he believes Mayor Hurley encouraged Mr. Pearson to get his numbers together and bring them to him, and he would possibly look for some funding. Mr. Pearson responded it is not about the funding because the directory is pretty much done, but the directory originated from the city and the city put up the funding. Mr. Pearson noted 2003 was the last time the city did the directory. Mr. Pearson stated he talked to Walter Reed and for the past nine months he has been working on the directory. Mr. Pearson stated he teamed up with Jim Slife at Pioneer Graphics, Jim Allen at the Chamber of Commerce and Perry Goodman. Mr. Pearson stated he felt feedback from the city was very important. Mr. Pearson stated the directory is not about money but small businesses and to give these people some identity. Page 10 Councilperson Welper asked if Mr. Pearce is requesting funds from the city for the event. Mr. Pearson responded yes if the city has some kind of kitty that could assist this event, but he is going to try to get sponsorships for the event. Mr. Pearson stated it is actually a Dr. Walter Cunningham and Boys/Girls Club event and everything is ready to go. Councilperson Welper responded there are grants available for events like this but there is not much time before the September 2 date. Councilperson Welper stated he doesn't see the city having any money for this event. Mr. Pearson stated he feels the city needs to step up to the plate and to help. Gunderson/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 122228 - Gunderson/Clark that the Council adjourn at 6:27 p.m. Ayes: Seven. Motion carried. rC Nancy E ert, CMC City Clerk • •