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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOlH ON THE WATER REGULAR MEETING held Tuesday, July 22, 2008, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Jessica King, Tony Palmeri, Burk Tower, Dennis McHugh, Paul Esslinger, Bryan Bain and Mayor Frank Tower. ALSO PRESENT: John Fitzpatrick, Acting City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney, and David Patek, Director of Public Works. Council Member King read the Invocation and led the Pledge of Allegiance. Consent Agenda The minutes of the July 8t", 2008 meeting were approved as presented. The Report of the Acting City Manager was read. The bills were presented in the amount of $9,987,116.00. The report of the City Clerk was read. Resolution 08-243 Approve Initial Resolution - 2008 Asphalt Overlay and Grade/Gravel - Various Alleys Resolution 08-244 Approve Amendment Number 3 to Agreement for Planning/Engineering Services for Sawyer Creek Regional Detention Basin Plan ($4,900.00) Council Member Palmeri questioned if the resolution was to move forward to prepare a proposal to keep Westhaven as a golf course and include retention ponds. He questioned if there would be a proposal that would represent a mixed use/golf course and retention pond. He questioned if the resolution was to pay for work that had been completed. Mr. Patek stated that the City was working with the golf course consultant to analyze both the front and back nine as far as keeping the golf operations at Westhaven. He stated that it would not be proposed as mixed use, it would be a golf course that had retention ponds. He stated that the resolution was for completed work. Resolution 08-245 Omonr! (`nnrli~innol ~ Ico Dormi~• 4nnrn~io Do~iicor! Dlonnor! flo~iolnnmon~ ~~~ol Q_ Doc+oi iron+ Cnn+nrin+\ / Tho \~/~ rfrnn+ Drnion~~# WITHDRAWN Resolution 08-246 Amend Conditional Use Permit; Approve Revised Planned Development / 1 3512 West 20th Avenue Proceedings of the Common Council -July 22, 2008 Resolution 08-247 Approve Appointments Council Member McHugh questioned the appointments on the Oshkosh Foundation Board. He stated that some individuals had been on committees for twenty years and he felt it was not healthy to continually reappoint. Mayor Tower stated that the names had been provided to him by the board. He stated that this was not a city board so there was no authority given by the Council as to the appointed individuals. Council Member Palmeri stated that his interpretation was that the Mayor had the potential to appoint anyone he had chosen, so recommendations could be made but they may not necessarily be appointed. He stated that it was beneficial to have new appointments in office rather than to keep reappointing. Mayor Tower stated that he could offer recommendations and that it was valuable to the board to make recommendations. He stated that recommendations by the Mayor to appoint did not have to come before Council, however; he thought it was important to have appointments approved by Council. Resolution 08-248 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING ITEM 7 OF THE CITY MANAGER'S REPORT (SOLUTIONS RECOVERY CLUB EVENTS); AND RESOLUTION 08-247 (Esslinger; second, McHugh) CARRIED: Ayes (7) King, Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower MOTION: SOLUTIONS RECOVERY CLUB EVENTS (ITEM 7 OF THE CITY MANAGER'S REPORT) (Esslinger; second, Bain) MOTION: LAYOVER UNTIL AUGUST 12, 2008 (Bain; second, Tower) WITHDRAWN MOTION: DIVIDE REQUEST INTO: PART A -BEING THE AUGUST EVENT; AND PART B -BEING THE SEPTEMBER AND OCTOBER EVENTS (Bain; second, Tower) CARRIED: Ayes (6) King, Palmeri, Tower, Esslinger, Bain, Mayor Tower; Noes (1) McHugh MOTION: ADOPT PART A -AUGUST EVENT (Bain; second, Palmeri) CARRIED: Ayes (7) King, Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower MOTION: ADOPT PART B -SEPTEMBER AND OCTOBER EVENTS (Bain; second, Tower) 2 MOTION: LAYOVER UNTIL AUGUST 12, 2008 (Bain; second, Tower) CARRIED: Ayes (5) King, Palmeri, Tower, Bain, Mayor Tower; Noes (2) McHugh, Esslinger Proceedings of the Common Council -July 22, 2008 Council Member Tower stated that he and neighbors had been concerned with parking and traffic issues. He stated that he had no problems with the events if they could be held inside. He explained he would was not support multiple events outside in a residential neighborhood. Deputy Mayor Bain questioned if there was a process to notify residents in the area where the events were to be held. He requested to have representatives from Solutions Recovery at the next Council meeting and to propose a process that would need to be followed with special events held in residential neighborhoods. Mr. Fitzpatrick stated that no letters had been sent regarding notification of the events. He stated that Solutions Recovery had a newsletter and regular meetings in the community. He stated he was not aware if there had been dialog with neighbors about the events. Council Member Palmeri explained the type of events being requested and that they were alcohol free. He stated that there had been many events in the community that were alcohol inspired with no questions. He stated that he would support the request due to few requests were alcohol free. Council Member McHugh stated that churches in the community had picnics and alcohol sales with no complaints. He stated that he had no concerns with the event and thought it was a healthy event. Resolution 08-247 Approve Appointments MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (6) King, Tower, McHugh, Esslinger, Bain, Mayor Tower; Noes (1) Palmeri Council Member Palmeri explained that he would not support the resolution due to the fact that those reappointed had been on the board for a long time and would like to see more citizen participation on committees. Action Taken on Ordinances and Resolutions Ordinance 08-249 Amend Comprehensive Plan /Land Use MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) King, Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower Ordinance 08-250 Authorize Use of Neighborhood Electric Vehicles FIRST READING; LAID OVER UNDER THE RULES 3 Ordinance 08-251 Amend Ordinance Related to Publication of Ordinances FIRST READING; LAID OVER UNDER THE RULES Proceedings of the Common Council -July 22, 2008 Ordinance 08-252 Adopt IFC 2006 & Amend Fire Inspection Schedule FIRST READING; LAID OVER UNDER THE RULES Resolution 08-253 Approve Appointment City Manager -East Central Wisconsin Regional Planning Commission MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) King, Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower Council Member Esslinger removed himself from the dais and joined the audience. Resolution 08-254 Approve Combination "Class B" License MOTION: ADOPT (Bain; second, Palmeri) MOTION: TO HAVE ADMINISTRATION REVIEW PROPOSALS AND REPORT TO COUNCIL (Palmeri; no second) LOST: LACK OF SECOND MOTION: DELETE A, B, C, D AND F; GRANT MCKNIGHT AND CARLSON (Mayor Tower; second, Bain) WITHDRAWN MOTION: DELETE A, B, C, D AND F; GRANT MCKNIGHT AND CARLSON (Mayor Tower; second, McHugh) WITHDRAWN MOTION: DELETE B, C, D, E AND F; GRANT BOAT YARD BAR AND GRILL (Mayor Tower; second, Bain) CARRIED: Ayes (4) Tower, McHugh, Bain, Mayor Tower; Noes (1) Palmeri; Present (1) King MOTION: ADOPT BOAT YARD BAR AND GRILL (Bain; second, Tower) CARRIED: Ayes (4) Tower, McHugh, Bain, Mayor Tower; Noes (1) Palmeri; Present (1) King Dave Sparr, 103 High Avenue, appeared on behalf of the Bid Board as the Chair and urged Council to grant the license to one of the two applicants that had proposals to open an establishment in the downtown area. He questioned if the Council could apply a stipulation for 4 the license to be used in the downtown area. He explained that he and Mr. Esslinger had preliminary discussions concerning the purchase of the building to open Chief Oshkosh Saloon. Proceedings of the Common Council -July 22, 2008 Carrie Lindemann, 1675 Deerfield Drive, of Sweetwater Performance, stated that the renovation of the property would be a year round full service bar and grill with attached patio, tiki bar for outside dining and live entertainment. She stated that it was not just for the boaters but for the general public. It would be family friendly, with good food and drinks at reasonable prices. The potential to have other boaters from across the lake enjoy and spend money in the community would be good. Council Member McHugh stated that in a previous plan they had stated they would have a private facility. He questioned if that plan had changed. Mrs. Lindemann stated that plan had changed to be open to the public. Deputy Mayor Bain questioned the type of entertainment that would be provided, what type of family friendly concept, how far along the plans were and if financing was secured. He questioned what would happen if the license was not granted to Sweetwater. Mrs. Lindemann stated that the vision was to be casual, a game room, an outside atmosphere with a boardwalk feel. She stated the plans were approved; construction would start in approximately four months and financing had been secured. She stated that she was not sure what the next step would be if the license was not granted, a private club could be a possibility. Council Member King questioned if they had a beer license. Mrs. Lindemann stated that there was a permit for the ship store. Council Member Tower questioned the location of the business and if they had operated a bar/restaurant previously. Mrs. Lindemann stated that it would be located on land looking out onto the water; it would have ten transient slips for boaters and enough parking with entrances in the back and front of the building with a patio. She stated that they had not previously owned or operated a bar/restaurant. Jean Felker, 1860 Orchard Lane, urged Council to grant the license to Sweetwater Performance. Keith Holschback, 1576 Amy Street, Green Bay, General Manager of the Outlet Shopping Center, stated that the next level for the mall was a restaurant. He stated that the Outlet Mall attracted 46% of shoppers from beyond a 50 mile radius and believed that the number would grow with a Quaker Steak and Lube in the area. 5 Scott Acker, 1641 Legend Hill Lane, Waukesha, owner of Quaker Steak and Lube in Middleton WI, shared photos of his restaurant. He stated the restaurant had an auto theme and family oriented with various events. He stated that the restaurant in Middleton had an annual revenue was $4,000,000 and was the number one sales restaurant in Dane County. He stated that the restaurant had won the buffalo wing eating contest in Buffalo NY the last eight years in either 1St 2nd or 3rd place. He explained some of the specials that were held on various nights. Deputy Mayor Bain questioned the location of the facility and the seating capacity. Proceedings of the Common Council -July 22, 2008 Mr. Holschback stated that the location would be in the parking lot near the sign, north of the center drive. Mr. Acker stated that Middleton seated 479 and the location in Oshkosh would be approximately 380 seats inside with an outside patio. Council Member Palmeri questioned the failing of previous restaurants and why this one would work and how many jobs would be created. Mr. Holschback stated that the last restaurant Great Plains had failed and that Shoney's was sold to Great Plains. He explained the owner of Shoney's had proven his success. Mr. Acker stated that in Middleton there were 145 on staff and last year's payroll at $1.3 million. He stated that staffing in Oshkosh would be a little less. Council Member Tower questioned if the seating would qualify for an exception to a liquor license. Ms. Ubrig stated that it would qualify. She explained the State Statute requirement and that the 300 seating would have to be available year round. Mr. Acker stated that inside seating would be over 300 Mr. Holschback stated that they had come to terms and were ready to move forward with the project. Steve Swenson, Menasha, urged Council to grant Sweetwater the license as it was an asset to Oshkosh. He stated that as a boater, that marina had been the best marina he had been to. Joe Berger, 910 Cozy Lane, owner of Joe's Dry Dock, stated that his business catered to boaters. He stated that over $10,000 had been invested to improving the business and another $4,000 within two weeks. He stated there had been no police contacts or health violation in the last year and if granted the license they would hire ten employees. He stated that in order to compete with other business' it was imperative to have the license. Mark Bohrnstedt, 2520 Gaslight Court, Vice President of Property Management for WGH, representing Comfort Suites, a local company with 20 years experience in hotel management business, own and operated 11 properties throughout Wisconsin and one in Minnesota. He 6 explained the amenities that the hotel included. Council Member Palmeri questioned if staying in a hotel with a liquor license was a factor in determining where individuals stayed. Mr. Bohrnstedt stated that it weighed a factor for banquets, social gatherings and corporate meetings. Council Member Tower questioned the number of seats in the banquet. Proceedings of the Common Council -July 22, 2008 John Carlson, 17 West 6t" Avenue, representing McKnight and Carlson Wines located at 457 North Main Street, explained the proposal of a retail space and restaurant that would seat 150. Council Member Palmeri questioned the how many of jobs would be created. Mr. Carlson stated that there would be 15 jobs added. Paul Esslinger, 2350 High Oak Drive, stated that there were no set plans in his proposal. He urged Council to grant the license rather than hang on to it. Council Member Tower questioned if there was a business plan created and how much investment money. He questioned what the timeline was to have something in place. Mr. Esslinger stated that other than the intent there was nothing official. He stated that the approximant cost would be $300,000 to $400,000 not including the purchase of the building. He stated it would be three to six months. Deputy Mayor Bain questioned the capacity seating of Quaker Steak and Lube. He also questioned if per State Statue they qualified for an exception and would be granted a liquor license. He questioned if the RDA voted unanimous in urging the Council to hold the license and how it was worded. Ms. Ubrig stated that they would meet the criteria of a license above the city quota. Mayor Tower stated that the RDA vote was not unanimous, there was one vote to not bring the request forward, and it was the consensus of the group to have a license available for redevelopment area. He stated that he and other members thought it was not the best time to hold a license. Council Member Tower stated that holding a license was a good idea but not at this time. Council Member Palmeri requested to layover the resolution until there was an administrative review as to which proposal was worthy of support. Council Member McHugh stated that it was enticing to have a business on the water that was family oriented. 7 Council Member King stated that she had a conflict with a proposal, one applicant was a client of hers. She stated that administration providing information to Council may give the appearance of being bias. Deputy Mayor Bain questioned if stipulations could be made regarding the license. Ms. Lorenson stated that the same principals would apply. Council Member Palmeri stated that local government was to work in cooperation between legislative and executive. He stated that he was interested in what Mr. Rohloff, the new City Manager views would be. Proceedings of the Common Council -July 22, 2008 Deputy Mayor Bain questioned if the report would include information and a recommendation. Council Member Palmeri stated that he would leave that up to the Chief Executive and what he felt was appropriate. Council Member McHugh stated he felt it strange that the administrative had not provided input. He stated that he would not support a resolution giving administration a choice of a business for the license. He stated he thought some of the ground work should have been prepared by administration. Mayor Tower stated that if there were specific questions regarding applicants they could be brought forth and asked at this time when applicants were available to answer questions. Council Member Tower stated that it would be a judgment decision and he would like to see Council reduce the number of proposals and move forward. Council Member King stated that it was the responsibility of each applicant to put together data and provide information as why they were the most qualified. Council Member Palmeri questioned what license was surrendered and how long it had been inactive. Ms. Ubrig stated that it was the Pioneer Inn license and had been inactive for several years. Council Member Palmeri stated that the license had been inactive for several years anothertwo weeks would not create a problem. He stated that for every other economic development issue there was input from Community Development and whoever the City Manager included to provide information. Council Member Tower suggested that all Council Members stated their three top picks and begin to narrow the proposals down to move towards a consensus. Mayor Tower -McKnight and Carlson -Boat Yard Bar and Grill -Comfort Suites. Council Member McHugh -Boat Yard Bar and Grill -Steak and Lube -McKnight and Carlson. 8 Council Member Tower -Boat Yard Bar and Grill -Comfort Suites -McKnight and Carlson. Deputy Mayor Bain -Boat Yard Bar and Grill -Comfort Suite -McKnight and Carlson. Council Member Palmeri -McKnight and Carlson -Boat Yard Bar and Grill -Chief Oshkosh Saloon. Mayor Tower stated that the top two choices of all Council Members were the Boat Yard Bar and Grill or McKnight and Carlson, both were good choices. He explained with the track record of McKnight and Carlson and the development in the downtown area would be a creative way to utilize the building. Proceedings of the Common Council -July 22, 2008 Council Member Tower stated the advantage for the Boat Yard and Grill was to get something started on the river front, demonstrated good work with business on the water and good effort. He stated that it could be open in five months and have some tax base to that area. He stated that McKnight and Carlson would be a unique and new experience for the downtown development and that they had proven their work and effort. Deputy Mayor Bain stated that the previous license holder was on the water and was hospitality. Council needed to look at what would have the draw to bring individuals to the downtown area. Council Member Palmeri stated that based on the information provided and testimony he would put McKnight and Carlson ahead because it was a downtown redevelopment project, proposing to do something with properties that had been vacant. Council Member McHugh stated that the potential for the Boat Yard Bar and Grill would bring in more patrons and a development was needed in the South Shore Development area. Council Member Palmeri questioned if the Boat Yard Bar and Grill was seasonal. Mrs. Lindemann stated that it would be open year round. Council Member King questioned how many employees and what the seating capacity was. Mrs. Lindemann stated that in the summer months there would be more employees due to outside activity. Deputy Mayor Bain questioned if a private club would give an advantage to the establishment to serve liquor. Ms. Ubrig stated that would need to be researched. Council Member King questioned if McKnight and Carlson would still maintain the current business if granted this license. She questioned the potential number of employees. Mr. Carlson stated that he believed the current location would not be open as they would move 9 into the new location. He stated there would be nine new employees. Council Member Tower stated that he would not support McKnight and Carlson due to the fact that the Boat Yard Bar and Grill would draw more people in the area. Deputy Mayor Bain explained with the South Shore Development he would support the Boat Yard Bar and Grill. The former license was used for a river front draw and this would have the potential to draw people in. He stated that he hoped to see the success with McKnight and Carlson in the restaurant with the sale of beer and wine. Council Member Palmeri questioned if there was professional staff that could make judgments as to what each development impact would be on the community. Proceedings of the Common Council -July 22, 2008 Mr. Fitzpatrick stated that there would not be a judgment made by staff due to the fact that there were many elements to the issue and it would be extremely difficult to provide a recommendation. Deputy Mayor Bain stated that Council Member Palmeri was asking staff to make a political decision and it was inappropriate to politicize staff. He stated that the Council was elected to make decisions. He explained that the comparison being made was two different situations; one was a solicited projected by staff and the other was a granting of a license not solicited by staff. Council Member Palmeri explained that he was asking for information from staff on economic issues and for whatever reason Council did not want that information. Council Member Esslinger returned to the dais as a Council Member. Resolution 08-255 Approve Highway Improvement Plan for Jackson Street from Murdock Avenue to Bacon Avenue A) Alternative 1 -Department of Transportation Proposal B) Alternative 2 -Installation of Median Improvements from Viola Avenue to Bacon Avenue C) Alternative 3 -Installation of Median Improvements from Gruenwald Avenue to Bacon Avenue D) Alternative 4 -Elimination of Median Improvements from Project MOTION: ADOPT (Bain; second, Esslinger) MOTION: AMEND SELECT C (ALTERNATIVE THREE) INSTALLATION OF MEDIAN IMPROVEMENTS FROM GRUENWALD AVENUE TO BACON AVENUE (Tower; second, McHugh) CARRIED: Ayes (7) King, Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) King, Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower 10 John Lorfeld, 1740 Cliffview Drive, representing his business at 2321 Jackson Street, stated his concerns with the changes on Jackson Street and the negative impact to his business if access were to be limited. He requested Council to take action and improve the quality of the street, promote business and to enhance the entrance of the gateway to the City but not by creating challenges for people to access businesses. Council Member Tower questioned if his concerns were with each proposal. Mr. Lorfeld stated that he expressed his concerns with Mr. Patek and at that time there was nothing that was satisfactory to him. Council Member McHugh questioned if concerns had been taken care of with modification number three. He questioned if Mr. Lorfeld was aware of the modifications. Proceedings of the Common Council -July 22, 2008 Mr. Lorfeld stated that he would be agreeable to modification number three if access was permitted. Council Member Esslinger questioned if all the businesses along Jackson Street had been notified of the alternative plans. He stated that if all individuals had not been contacted he would not vote on any of the proposals. Mr. Patek stated alternative number three had been explained to all the butting property owners. He stated that McDonalds was not affected. they had tried to contact him but were not successful. Mayor Tower stated that options A and B were out and options C and D were being considered. He explained that in the workshop rumble strips had been suggested. He explained the color coding on the map; green would remain green space, red would be raised concrete of six inches and yellow would be rumble strips allowing access into businesses. Council Member King questioned the location of the curb cut to get into Choice Bank and if the rumble strips were a safety hazard. She questioned if Choice Bank had been contacted about the new proposal. Steve Gohde, Assistant Director of Public Works, showed the location of the building and driveway. He explained that the median would provide a direct access to the bank and to Kwik Trip. He stated that Choice Bank had been contacted regarding the new proposal. Council Member Tower stated he had concerns with a few business owners in regards to being contacted. He questioned how the access would affect McDermott deliveries and the property owned by Chet Wesenberg. Mr. Patek stated that the access Mr. McDermott was concerned with was the vacant lot north of his business. He explained that the current driveway at the lot does not meet codes and the Plan Commission would be limiting access on Jackson Street due to safety concerns. He stated that the president of the bank had been contacted and he was in agreement. He stated that 11 Kwik Trip was in agreement also. Mr. Gohde stated that Mr. Wesenberg was involved with the Choice Bank property. Council Member Palmeri questioned the safety and esthetics for alternative three. He questioned if alternative three allowed for an attractive gateway for the entrance of the city. He questioned if there were plans for sidewalks and bike lanes on Jackson Street. Mr. Patek stated that at the workshop safety was the first issue. He explained that with alternative three, safety, access and green space had been met. He stated the Department of Transportation would do the design and Council would approve the layout concept. He explained from Murdock Avenue to Bacon Avenue there were sidewalks and the problem with sidewalks north of Bacon Avenue were not all properties were in the City and until the areas were annexed there would not be sidewalks. He stated that bike lanes were not in the plan. Proceedings of the Common Council -July 22, 2008 Council Member McHugh thanked Mr. Patek and his staff for their work and communication with businesses regarding the situation. Citizen Statements Lois Luebke, 619 Division Street, urged the City to maintain properties. She stated that she would like larger logos on City vehicles. Patricia Definer stated that there was vandalism in Stevens Park. She stated her concerns with sidewalk improvements along with approaches. She requested that random checks be done when permits were granted to block parties. Ken Neyhard, 642 West 8t" Avenue, stated that there was a lack of action taken regarding the sewer on 8t" Avenue and explained his reasons. Deputy Mayor Bain questioned if staff had been contacted regarding the issues. Mr. Neyhard stated that after speaking with FEMA, he was told that the City would receive assistance with the flooding problems. He stated that Public Works had been to the area to investigate the problem. Susan Schneider, 634 West 8t" Avenue, stated that FEMA had denied assistance. She stated that the City had done a good job with cleaning up the debris from the flood. She stated that she believed the construction of Ohio Street had contributed to the flooding problem. Lori Stang, 641 West 8t" Avenue, questioned if the City had determined why the sewer system did not work during the storms and if there was a back up plan for future rain. She explained that the storm sewer was not working, days after the storm the streets were still flooded. She questioned when the City planned to work in the area to clear up the problem. She questioned who would be in contact with her regarding her concerns. 12 Council Member Palmeri stated that the concerns should be looked at as an emergency and should take top priority to get answers and solutions for those with flood damage. Council Member announcements, Statements and Discussion Council Member Tower questioned if there were short range strategies regarding flooding problems. Mr. Fitzpatrick stated that work was being done to investigate the illegal hook ups of sump pumps. He explained this was an opportunity to adjust priorities and help those individuals in need of assistance. Council Member McHugh questioned why sump pumps in the Town of Algoma were drained into ditches and when the ditches were full, the overflow of water drained into the City. Proceedings of the Common Council -July 22, 2008 Mr. Patek stated there was confusion between the sanitary sewer system and the storm sewer system. He explained that a sump pump drained outside of a home should not be getting into the sanitary sewer system; however, when people pump the sump pump into their floor drain rather than outside it goes to the sanitary sewer instead of the storm sewer and creates problems. He stated that the Town of Algoma drainage went into Lake Butte des Morts and not into the City. Deputy Mayor Bain questioned if the City had been in contact with FEMA regarding assistance. Mr. Patek stated that a list of problems was created and unfortunately all of the problems could not be handled immediately. He explained how the department was working to take action. Mr. Fitzpatrick stated that the City had been in contact with FEMA regarding assistant options. He explained that if residents had been denied from FEMA they could appeal. Council Member Palmeri stated that there had been several claims filed from the flood and questioned the process to determine if denied or paid. He stated that the Council would like to see all denial claim statements from the insurance. Ms. Lorenson stated that each case was investigated to make a determination on an individual basis. Mr. Neyhard questioned what the run off was back in 1912 when the sewers were put in compared to today. He questioned if the sewers should be larger. He stated that some workers had commented that they could not get the cameras through the pipe due to debris. Mr. Patek stated that the storm sewer had been investigated and the conclusion was the sewer pipes were in good condition. He stated that after working with the contractor they were able to 13 drain the pipe and televise it. Council Member Esslinger questioned what the City could do to alleviate problems with sump pumps illegal drainage. He questioned if the City could go door to door to check on sump pumps. Ms. Lorenson stated that there were limitation on what could be done, and Public Works was developing a program to figure out the best method to alleviate the problems. She stated permission was needed from the property owner, without permission a special inspections warrant process was needed through court. Council Member Tower stated that the residents need to be educated regarding hook ups. Council Member Esslinger questioned where the City was at with the Westhaven retention ponds and the timeline for that plan. Mr. Fitzpatrick stated that the plan was to bring forth to Council the Armory proposal and the Tipler proposal before the end of August and continue with research on the Westhaven proposal in the manner of a golf course as well as a detention facility. Proceedings of the Common Council -July 22, 2008 Mr. Patek stated the golf course was divided into Campbell Creek and Sawyer Creek basins. He explained there was a concept for Campbell Creek; however, the concept was being worked on for Sawyer Creek and there was not a firm proposal for the golf course. Mr. Gohde stated that Strand wanted to have a draft proposal of the Sawyer Creek basin to the City by the end of the year. Council Member Esslinger questioned the effect of the budget if the City was to receive the proposal in December and the vote for budget would be in November, he stated there would be no money budgeted for work in the golf course in 2009. Mr. Patek explained that because it was divided up, work could be proposed to proceed with other areas in the Campbell Creek drainage basin. He stated budget timeline was correct. Mr. Fitzpatrick stated that the golf course was a complex issue and was going to take time and without fully exploring all avenues it was not fair to bring forward. He stated that hope was to have a plan for the following year. Council Member McHugh stated that residents of Westhaven needed a solution to the situation. Council Member Palmeri requested Public Works to come forth with a proposal regarding the golf course so Council had the chance to vote it up or down. He questioned if the original proposal to remove the golf course entirely was still on the table. Mr. Patek stated that Public Works was trying to resolve issues before bringing a proposal forward. He stated that the original proposal was not on the table, the City was trying to modify 14 it. Deputy Mayor Bain stated that the "Fifth Tuesday Forum" would be July 29'h at 6:00 p.m. at the Library. Mayor Tower announced the August 12'h workshop topic would be ambulance billing. He stated that the Mayor's Breakfast was on August 1 S' at the Kolf Sports Center from 6 a.m. to 10 a.m. He thanked Mr. Fitzpatrick as Acting City Manager. Mr. Fitzpatrick thanked staff, Council and citizens for their confidence in him. MOTION: ADJOURN (Esslinger; second, Bain) CARRIED: VOICE VOTE The meeting adjourned at 9:51 p.m. PAMELA R. UBRIG CITY CLERK 15