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HomeMy WebLinkAboutminutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOlH ON THE WATER REGULAR MEETING held Tuesday, August 26, 2008, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Burk Tower, Dennis McHugh, Paul Esslinger, Bryan Bain, Jessica King, Tony Palmeri and Mayor Frank Tower. ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney, and David Patek, Director of Public Works. Council Member Tower read the Invocation and led the Pledge of Allegiance. Public Hearings Mayor Tower ordered the following Public Hearing: Ordinance 08-291 Official Mapping for Riverwalk Purposes /South Side of the Fox River between South Main Street and Oregon Street Dick O'Day, 715 Hazel Street, questioned if tax payer dollars would be committed to the riverwalk or if developer funding would pay for the project. Mayor Tower explained that the ordinance was not committing tax dollars to the project; it was putting the plan on the map. The Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Consent Agenda The minutes of the August 12th, 2008 meeting were approved as presented. The Report of the City Manager was read. Robert Cornell, 548 West Smith Avenue, spoke on behalf of the Seniors Center regarding the Granny Smith Run/Walk. He stated that brochures were placed throughout the community and urged Council to participate in the activities. Mike Schroeder, 721 Hamilton Street, explained the strait jacket event and stated that the required insurance had been submitted. 1 Proceedings of the Common Council -August 26, 2008 The bills were presented in the amount of $12,288,738.16. The report of the City Clerk was read. Resolution 08-292 Grant Privilege In Street to Mi-Tech Services Inc., for Aurora Healthcare Inc. / 645-650 Doctors Court Resolution 08-293 Grant Conditional Use Permit to Wisconsin Department of Military Affairs / 1415 Armory Place Resolution 08-294 Approve Agreement with National Guard Armory for Stormwater Detention Facilities and Planned Development Overlay Zoning Council Member Palmeri questioned what greater flexibility was regarded. He questioned if this would allow for construction of a road way that the residents would not want. Darryn Burich, Director of Planning Services, explained greater flexibility would allow provision of parking space set back and items such as that. He stated that it would not allow for a road because it would need approval. Deputy Mayor Bain questioned if an amendment needed to take place due to the language change. Ms. Lorenson stated that the agreement that was enclosed in Council packets was the final agreement, so there was no amendment needed. Resolution 08-295 Adopt ICLEI's Five Milestones to Reduce Greenhouse Gas and Air Pollution Emissions /Request Energy and Environment Advisory Board to Make Recommendations to Implement Five Milestones and sustainability Initiatives Council Member Esslinger questioned the intent of the resolution. He questioned what the role of the Energy and Environment Committee would be to implement the five milestones and sustainability initiatives. Council Member King explained it was an effort to reaffirm Council's goals as to what the advisory board would be pursuing. She stated that it was to work in concert with the Department liaisons and City Manager to help develop a plan with citizen input regarding priorities with sustainability issues for the community. Deputy Mayor Bain stated that the five milestones were listed on the second page of the resolution. He stated that he supported the resolution. He questioned if the Energy and Environmental Committee had discussion regarding the resolution. Council Member King stated that she brought the resolution forth to expedite it. 2 Council Member Palmeri questioned if resolution 08-295 failed and resolution 08-302 passed would that end the Energy and Environmental Committee. Proceedings of the Common Council -August 26, 2008 Ms. Lorenson stated that it would not end the committee. Council Member Tower questioned who was to implement the action plan for the five milestones. Council Member King stated that it would come before Council for approval. She explained that the purpose of the resolution was to broaden a mandate beyond green house gases. Resolution 08-296 Approve Change Order No. 1 /Public Works Contract No. 08-04 (Vinton Construction Company) Resolution 08-297 Approve Local Road Agreement /State of Wisconsin Resolution 08-298 Approve Initial Resolution -Cold-Mix Asphalt Paving -Various Streets Resolution 08-299 Approve Initial Resolution -Utilities -Various Resolution 08-300 Amend Special Assessment Policy Resolution 08-301 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA (Bain; second, McHugh) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Action Taken on Ordinances and Resolutions Ordinance 08-302 Clarify Functions and Duties /Energy and Environment Advisory Board MOTION: ADOPT (Esslinger; second, Bain) MOTION: REFER BACK TO ENERGY AND ENVIRONMENTAL ADVISORY BOARD (McHugh; second, Palmeri) CARRIE: Ayes (6) Tower, McHugh, Esslinger, Bain, King, Palmeri; Noes (1) Mayor Tower Deputy Mayor Bain questioned if the committee was aware of the changes. He questioned the change of scope of the board; if the name would need to be changed and if an amendment was needed for the name change. He questioned the broad language and suggested to make changes. Council Member King stated that the committee had received the draft at the last meeting and there was no feed back stating they were not in support of it. She explained broad language was used in the resolution to allow the committee the ability to determine priority and due to changes happened rapidly this would allow simple language to be most effective. 3 Dani Stolley, 216 West 15t" Avenue, stated that the ordinance needed to be updated and the committee supported the ordinance. Ms. Lorenson stated that the name change would be something to be looked at. Proceedings of the Common Council -August 26, 2008 Council Member Palmeri stated that he saw nothing wrong with the 1983 statement of functions and duties. He stated that his concern was with the revised language and why this committee was the only one to act on request of the City Manager/Council. He stated that he would not support the ordinance. Council Member Tower stated that he would like to see the ordinance go back to the committee for review and make some changes. He stated that he would not support the change. Council Member King stated that other operative functions could be recommended to the committee to follow up in resolution form. She stated that the resolution had given direction needed to work within subcommittees. Council Member McHugh stated that the committee was like a teacher and Council Members were the students. Ordinance 08-303 Approve Red Ball Annexation MOTION: LAYOVER UNTIL SEPTEMBER 23, 2008 (Bain; second, Esslinger) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Palmeri requested that the additional actions items be discussed prior to the claims. MOTION: ADJUST THE AGENDA TO HAVE ADDITIONAL ACTION ITEMS PRIOR TO PENDING RESOLUTIONS (Palmeri; second, Esslinger) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Additional Action Items Council Member Esslinger /Hiring of an Independent Attorney to Review Claims Filed Against the City and Give the Council an Independent Opinion on Allowances and Disallowances. Council Member Esslinger explained that he had contacted an attorney and the attorney agreed that it would be best to have an independent attorney review claims and give an opinion on allowances and disallowances due to the fact that the insurance adjusters represent the insurance company and the City represents the City. He explained the cost for the investigation given by the Dempsey Law firm and that Dempsey had no conflicts with any of the claimants or with the City and would have the investigation completed prior to the next council meeting. Council Member McHugh questioned if the claimant would submit their claim to the new 4 attorney Council Member Esslinger stated that the claimant would submit their claim to the City and the suggested insurance attorney was to overview the process. Council Member McHugh questioned if a claim was disallowed would it then go to the investigating attorney and that individual make a judgment if the claim was processed correctly. Proceedings of the Common Council -August 26, 2008 Council Member Esslinger stated that all claims would not be reviewed by the outside attorney. He stated that it would be hard to determine a decision until after the investigative attorney would gave their opinion on the process. Deputy Mayor Bain questioned who was to hire the attorney, the City or the Council. He stated that if the City was to pay for the attorney then the City would hire an attorney that would be in their favor. He questioned if this was an overall review of the claim process or each individual claim filed. He stated that he would not support an attorney to review the process due to the fact that the City had an insurance company to review claims. He explained that if there was a problem with the company then they had authority to hire another company. Council Member Esslinger stated that the staff would not hire the attorney. He stated that the attorney would provide their legal opinion on the process and not consider the opinions of the Council. He stated that it was to review the process. Council Member Tower questioned if the hired attorney was to review the overall process, only to review the disallowed claims that were on the agenda or claims filed previously. He stated that if there was a new process, his concern was that people would file over again. He stated that there were problems as to choosing an attorney to review the claims and that there would need to be criteria created to choose one. Council Member Esslinger explained that the intent of this was to reviewthe overall process. He stated that due to having little faith with insurance companies was the reason to have an independent attorney provides their opinion. Council Member Palmeri stated that he thought this was to suggest a third party to review the claims related to the floods and sewer to see if there was negligence on the City's behalf. He stated that the claim forms did not ask enough or provide enough space for the claimant to give a full explanation of the problem. Council Member Esslinger stated that after the investigation that could be a recommendation on how to process those types of claims. Council Member McHugh stated that he reviewed approximately 30 disallowed claims and found that there was not enough information provided with the claims. He questioned what the process was to appeal disallowed claims. Ms. Lorenson stated that the next step was for the claimant to go to court and that mediation could happen in that process. Council Member McHugh stated that to go to court was intimidating and expensive. He 5 suggested that there should be another step to appeal a disallowed claim rather than going to court. Mayor Tower stated that Mr. Rohloff suggested to have additional insurance - a no fault policy; however, cost would be a factor. Council Member Esslinger stated that he agreed with having a third party but was not sure if it was legal. Proceedings of the Common Council -August 26, 2008 Deputy Mayor Bain questioned if the claim form could be amended or altered to have specific questions. He suggested the Board of Appeals to review claims that had been disallowed before proceeding to court. Mr. Rohloff stated that the City's form could be altered. Mayor Tower stated that he declined to act on what was presented. He stated that the majority of the Council was not supporting what was presented, but to look into the cost of a no fault insurance plan. Council Member Tower stated that he was supportive at looking at the process. He stated that Council needed to look to the future and not at past claims. Council Member Palmeri stated that suggestions for the future were good. He explained it did nothing for those that had a loss from the flood and sewer damage in June. Action Taken on Ordinances and Resolutions Continued... Resolution 08-304 Disallow Claim / Biesinger MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Esslinger stated his disappointment that Council was not supportive for an attorney to investigate. He stated that based upon the legal information given he would not be allowing any claims tonight or in the future. Council Member Palmeri questioned how members were to know if current claims presented had the same conditions as the claims that were allowed in the past. He stated that the insurance company was disallowing the claims because of the storms. He stated that many claimants would state they had problems without serious rain fall. Mr. Rohloff stated that previous claims that had been allowed due to blockages had not been related to storm events. He stated that the maintenance plan was not applicable for the June storms. He explained that it was not a matter of blockage, but the system had been overwhelmed with the amount of water. Resolution 08-305 Disallow Claim / Christianson 6 MOTION: ADOPT (Bain; second, Mayor Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Carol Christianson, 1787 Alexander Court, formerly of 1023 Witzel Avenue, explained the call she had received from the insurance adjuster. She stated that the claimants had been revictimized. She stated that on June 8t" the City had received 4" of rain and her residence had ended up with raw sewage that destroyed personal property and forced her and her mother to relocate. She urged Council to help the claimants rectify some of the losses. Proceedings of the Common Council -August 26, 2008 Council Member Esslinger questioned if the insurance company had done any analysis. Ms. Christianson stated that there had not been an analysis done. Council Member Palmeri questioned if FEMA had been contacted and if renters insurance had covered any loss. Ms. Christianson stated that she had contacted FEMA and received some financial funds to replace her washer and dryer. She stated that her renters insurance had not covered any loss. She explained because the City knew residents had abused the sewer system and did nothing, they were negligent. Mr. Palmeri explained the negligence requirements were difficult to prove. He questioned the time allowed for a claimant to pursue the claim further once disallowed. He stated that pursuing claims in circuit court were hard to prevail. Ms. Lorenson stated that the time allowed was six months for a claim that had been disallowed, for a claim that had no decision, there was a six year time frame to further pursue. Resolution 08-306 Disallow Claim /Friday MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-307 Disallow Claim / Ghayyur MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-308 Disallow Claim / Handel MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-309 Disallow Claim / Heisler MOTION: ADOPT (Bain; second, Tower) 7 CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-310 Disallow Claim / Liebhaber MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-311 Disallow Claim /Martin MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Proceedings of the Common Council -August 26, 2008 Jerry Martin, 166 West 17t" Avenue, stated that his rental property had sewer in the basement and the City was at fault due to the sewer system. He suggested hiring an outside engineer to investigate the problem with the sewer because rain storms do not cause sewer backup and water was not suppose to be in sewer pipes. He urged Council to delay the claims until they would be investigated. Council Member McHugh questioned at what point the wastewater treatment plant was at full capacity. Mr. Patek stated that there was a point when the wastewater treatment plant was at capacity and that the City services five or six sanitary districts. Council Member McHugh stated that the City increased the capacity of the wastewater treatment plant then serviced surrounding townships and questioned if that was the reason it was having problems. He stated that he had concerns with citizens illegally putting sump pumps into wastewater drains and had previously suggested Council and administration to pass an ordinance to control such activity. Council Member Palmeri questioned the experience Mr. Martin had with the insurance company. Mr. Martin stated that he had received a letter from the insurance company stating his claim had been denied due to the flood. Jerome Gilberg, 166 West 17t" Avenue, questioned where the pressure came from to blow a screwed on cap off and damaged the wall. He questioned what the City had done for the claimants. Mayor Tower stated that there were items on the agenda to help litigate different situations. Council Member Esslinger questioned what Mr. Gilberg's opinion of the process for claims was. He questioned if $1,000 on a tax bill was worth hiring an outside investigator to review the claims and the process. Mr. Gilberg stated that there was help needed regarding claims and he felt it would be worth the money. 8 Resolution 08-312 Disallow Claim / Olsen MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Carol Christianson, 1787 Alexander Court, representing her mother, urged Council to table the resolutions, speak to the insurance company and investigate the claims. She explained on June 12t" her sewer cap was blown off the drain. Council Member Esslinger stated that due to lack of majority of Council to hire an outside investigator nothing was going to happen with the resolutions regarding claims. Proceedings of the Common Council -August 26, 2008 Council Member McHugh questioned what the right thing to do was and if it was expected that the City cover the cost of the thousands of homes that had been affected by the June storms. He explained that the insurance carrier followed laws regarding the denial of claims. Ms. Christianson stated that the insurance company needed to pay out the claims and be held liable. Council Member Palmeri stated that justice had not been served for the claimants. He stated that justice was to take all of the claims back to the insurance carrier and insist they investigate the each claim. Resolution 08-313 Disallow Claim / Poeschl Printing MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-314 Disallow Claim / Putnam MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-315 Disallow Claim / Vang MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-316 Disallow Claim / Wilderman MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-317 Disallow Claim /Venus 9 MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-318 Disallow Claim / Covill MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Gerald Prarance, 825 Woodland Avenue, representing his mother-in-law, questioned why the support was not there for an independent auditor. He urged Council to table the resolutions to investigate the facts. Mayor Tower stated that there were not enough Council Member votes for an independent auditor. Proceedings of the Common Council -August 26, 2008 Resolution 08-319 Disallow Claim / Gerard MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-320 Disallow Claim / Guerrero MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-321 Disallow Claim / Hurst MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member McHugh questioned if a resolution could be brought to the Council during the meeting. Mayor Tower stated that a resolution could not be brought forth during a meeting without prior notice. Ms. Lorenson stated that before discussion of an item, notice was needed. Resolution 08-322 Disallow Claim /Russell MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Karen Russell, 339 West 6t" Avenue, stated that she was supportive of a third party investigator. She stated that she had three feet of water in her basement and her neighbor two houses down had a sewer backup. She stated that in the past two years with each downpour the street floods. 10 Council Member Palmeri questioned what experience she had with the insurance company. Ms. Russell stated that they left a message on her machine and she was unable to reach the adjustor. She stated that the message had said the City had requested the insurance company to call. She stated that she had received a letter prior to the phone call. Resolution 08-323 Disallow Claim /Tomaschefski MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower David Tomaschefski, 919 Evans Street, stated that he had four pumps and was not able to keep the water out of his basement. He stated that his father had been told years ago that the sewer system would not able to handle the growth of the City in ten years. He stated that he had been told by the insurance adjustor that claims were to be filed one after another for the City to make changes. He questioned how many claims needed to be filed for the City to take action. Proceedings of the Common Council -August 26, 2008 Council Member Palmeri stated that the Council had learned through the process. He stated that the City was under no obligation to provide a sewer service that was able to handle the water. Mr. Tomaschefski stated that his taxes had gone up due to finished rooms and now those rooms were lost due to the storm, he questioned if he would continue to pay for the improvements on his tax bill. Resolution 08-324 Disallow Claim / Vang MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-325 Set Referendum /Health Care Reform Legislation MOTION: ADOPT (Esslinger; second, Palmeri) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Resolution 08-326 Approve Tipler School Area and National Guard Armory Area Recommendations for Storm water Management in the Campbell Creek Drainage Basin MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Chris Meyer, 180 South Westfield Street, stated that resolutions such as this were help to the City of Oshkosh. Jim Mathews, 190 and 191 South Westfield Street property owner, stated that increased building 11 had created flooding in the area. He complimented public works for the great job with the proposal. He stated that the proposal was limiting further damage. He explained how the City sewer was affected by the amount of rain and that the drains from the storm water could not handle the amount of rainfall by allowing the basin to drain the water at a slower rate would decrease the flooding. Dennis Schwab, 601 Oregon Street, explained that Landmark Plaza was participating in the solution to help control the floods and it was his hope that Council would help as well by approving the resolution. Deputy Mayor Bain questioned what the timeline was to move forward. He encouraged staff to work as quickly as possible to make the process work. Mr. Patek stated that the hope was to have the project completed by the end of next year. He explained there needed to be approval from the school district, work on design, the bid process and purchase property if needed. Proceedings of the Common Council -August 26, 2008 Resolution 08-327 Authorize City Manager to Negotiate and Execute Contract with Oshkosh Area Convention and Visitors Bureau for Marketing, Booking and Operating the Convention Center until Such Time as Permanent Management is Designated MOTION: ADOPT (Esslinger; second, McHugh) MOTION: DELETE THE WORDS "AND EXECUTE" (Esslinger; second, McHugh) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower VOTE ON AMENDED RESOLUTION CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Esslinger questioned if the City Manager would not need Council approval after negotiating. He questioned if there was anyone else that was able to do the bookings. Mr. Rohloff stated that the intent was to work with what was in existence currently with Park Plaza. He stated that he would bring back before Council the final approval if that was Council's preference. He stated that the idea was to authorize the Oshkosh Area Convention and Visitors Bureau to begin booking for the short term, and that group was best to complete the work. Mayor Tower stated that the Council would prefer to grant approval for decisions discussed. Council Member Tower stated that time was important as the refurbishing of the Centre was to be completed in February. He stated currently marketing was not being done and therefore was creating a loss of revenue to pay off the cost of refurbishing. 12 Council Member Esslinger questioned what the duties of the City Manager were. He thanked Mr. Rohloff for the initiative action taken to make this happen. Mr. Rohloff stated that he would prepare a memorandum of understanding between himself and Wendy of the Convention Bureau and use that as a basis for a formal contract to be brought before Council for approval. Council Member Palmeri stated he would support the resolution during the transition period. He questioned Mr. Rohloff's memo regarding the Centre would be successful when it was managed by the flagship hotel that adjoins to it. He questioned why facilities with public resources were best managed by private entities. He explained there had been a poor experience with private management concerning the Leach Amphitheatre. He questioned why the City would not manage the Convention Centre. Mr. Rohloff stated that the idea had not been ruled out. Proceedings of the Common Council -August 26, 2008 Citizen Statements Lois Luebke, 619 Division Street, urged the City to maintain the weeds along the roads and different areas throughout the City. Robert Cornell, 548 West Smith Street, stated that the First English and Peace Lutheran Parish picnic was Sunday, September 7t" from 11:30 a.m. to 3:30 p.m. He explained the picnic was intended for the children of the neighborhood and was not a fund raiser. He stated that the Oshkosh Seniors Center was to hold the fourth annual Fun Fest, from 11:00 a.m. to 3:00 p.m. that same day. He explained that event was a fund raiser to earn revenue to cover cost that was not funded by the City budget. He urged Council Members to attend the events. Daniel Lynch, 310 South Eagle Street, urged Council to ban smoking in cars when minor children were present and ban smoking in all places of employment, including bars. Steve Barney, 1260 Elmwood Avenue, suggested Council to propose a management plan for wastewater. Council Member announcements, Statements and Discussion Council Member Esslinger stated that at the September 11t" Council Meeting he would bring forward a resolution regarding the Near East Neighborhood plan development. He explained there was three options to the resolution; one was to eliminate the plan, two was to eliminate the language that allowed the Plan Commission to dictate the types of structures that were allowed and three was to change the final arbiter of language to City Council and Council would decide 13 on materials and structures for the area. Deputy Mayor Bain announced that the notes from the "July 29t" Fifth Tuesday Forum" was online at his website and available at City Hall. Mayor Tower stated that there was no workshop after the first meeting in September. The nuisance ordinance workshop was to be held after the September 23rd meeting. He stated fall workshops would be budget, museum, the sustainability Energy and Environmental and a pending workshop on public gifts. City Manager announcements, Statements and Discussion Mr. Rohloff reminded Council that Tuesday September 9t" was election primary day and the Council Meeting would be held on Wednesday September 10t" Council Member Palmeri stated that had class on Wednesday evenings and there was an informal tradition with Council that there were no meetings scheduled when Councilors had a work responsibility. Ms. Lorenson stated that public notices had gone out with the September 10t" date. Proceedings of the Common Council -August 26, 2008 Mr. Rohloff stated that September 11t" would work and the notices would be revised. MOTION: ADJOURN (Bain; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 9:25 p.m. PAMELA R. UBRIG CITY CLERK 14