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HomeMy WebLinkAboutminutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN C~ ~I~KC~ ~N REGULAR MEETING held Tuesday, September 23, 2008, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Paul Esslinger, Bryan Bain, Jessica King, Tony Palmeri, Burk Tower, Dennis McHugh 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 Esslinger read the Invocation. The Pledge of Allegiance was led by Kyle Kinderman and Justin Spanbauerfrom Lourdes High School; and, Paden Toussaint from St. John Newmann Middle School. A proclamation was presented by Mayor Tower declaring October 2008 as "National Disability Employment Month" in the City of Oshkosh. A proclamation was presented by Mayor Tower declaring October 11 t" through October 16t" as "Earth Charter Community Summit Days" in the City of Oshkosh. Public Hearings Mayor Tower ordered the following Public Hearings: Ordinance 08-337 Approve Permanent Zoning /Midwest Voluntary Attachment There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Resolution 08-338 Approve Final Resolution /Cold-Mix Asphalt Paving Van Buren Avenue (Sawyer Street to Bauman Street) Pierce Avenue (Sawyer Street to 500 feet East of Bauman Street) Josslyn Street (Taft Avenue to Fillmore Avenue) Bauman Street (Taft Avenue to Tyler Avenue) Minnesota Street (Sixth Avenue to Ninth Avenue) Seventh Avenue (Minnesota Street to Iowa Street) Mason Street (Ninth Avenue to Twelfth Avenue) 1 Proceedings of the Common Council -September 23, 2008 MOTION: TO ADOPT (Esslinger; second, Bain) MOTION: DIVIDE INTO PARTSAAND B; PARTABEING EVERYTHING EXCEPT PEIRCE AVENUE; AND PART B BEING PIERCE AVENUE BAUMAN STREET TO 500 FEET EAST (Esslinger; second, Palmeri) LOST: Ayes (3) Esslinger, Palmeri, Tower; Noes (4) Bain, King, McHugh, Mayor Tower VOTE ON ORIGINAL MOTION CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Tom Freed, Lakeside Marina stated that he was concerned with the cost of the paving due to it was measured as a cul-de-sac. He explained the street was a dead end and there were no plans to make it a cul-de-sac. He stated that his neighbors were charged for 50 feet, he was charged for 245 feet and there was a significant cost difference. Council Member Esslinger questioned staff on the procedure for assessments. Mr. Patek explained the assessment amount was not for a cul-de-sac, it was assessed on the frontage of the property and due to the frontage line, the assessment code stated that the measurements were set back 25 feet from the front. Council Member Tower questioned what the measurement was from the road way. Mr. Freed stated that the frontage from the road was 50 feet and the width of the road was 25 feet. He stated he was willing to pay for the 50 feet and the width of 25 feet. Mr. Rohloff explained that the assessment was assessed for potential development and the traffic that would be brought into the area due to the development. He stated that 245 feet was appropriate for the size of the lot. He stated that the process was a fair way to distribute the cost of the project. Council Member Tower questioned if the cost could be paid at the time of development. Mr. Rohloff stated that the cost was not paid at the time of development. Council Member McHugh questioned if the entire 245 feet was paved. Mr. Patek stated that the charge was per foot of frontage and the paving was a straight line, not the area of a circle. Council Member McHugh questioned if the land was sold how the homeowner would recover the cost. Mr. Patek stated that the property owner would not assume a loss, due to the cost of construction was figured in the selling price. 2 Proceedings of the Common Council -September 23, 2008 Council Member Esslinger questioned why the property was assessed for a cul-de-sac when it was not a cul-de-sac. He questioned if the curve of the road was the reason for the set back. Mr. Patek explained that the measurements were based on the property line which was a circle. He stated the procedure was explained in the code created by Council that staff used for figuring assessments. Council Member Esslinger stated that the property owner was paying for material cost when all of the material was not used. Council Member Tower questioned if the 245 feet was comparable to an assessment of units. Mr. Patek stated that the assessment was a flat rate that had been established. Council Member Palmeri questioned what portion would not be completed if the property owner paid for 50-80 feet. Mr. Patek explained that the entire completion would take place and the remainder of the funds would be paid for by tax funds. He stated that by following the code it was fair to all residents involved. Council Member Esslinger stated that the charge should be per foot of property line with no set back. He questioned how many assessments were like this in Oshkosh and if the policy could be changed as it was done with the multiple charges of streets. Mr. Patek stated that there would be a cul-de-sac there in the future. Council Member McHugh stated that if Council started financial breaks now the repercussion would be that previous property owners would want a break also. He stated that he would not support the resolution. Council Member Esslinger questioned what would happen if the resolution was amended. Mr. Patek stated that everything would be put on hold and it would throw the construction off schedule. Consent Agenda The minutes of the September 11, 2008 meeting were approved as presented. The Report of the City Manager was read. The bills were presented in the amount of $3,698,888.41. The report of the City Clerk was read. 3 Resolution 08-339 Approve Agreement with Wisconsin Public Service to Underground Utilities / 9t"Avenue at South Main Street Proceedings of the Common Council -September 23, 2008 Dick O'Day, 715 Hazel Street, questioned if the area in the resolution was the old Miles Kimball property and what the cost to the City would be. Mr. Rohloff stated that it was the old Miles Kimball area and the City's cost was $217,000. Resolution 08-340 Approve Agreement for US Highway 41 -Highway 45 with Wisconsin Department of Transportation ($40,000.00) Resolution 08-341 Approve Consulting Agreement with Earth Tech, Inc. for Nicolet Avenue / Libbey Avenue Area Stormwater Drainage Basin Analysis ($41,500.00) Resolution 08-342 Approve Ambulance Rates Council Member Palmeri questioned if the rates would start in January 2009, why approval was needed for October. He questioned if it was common to increase rates outside of a budget workshop. Mr. Rohloff explained that there was a three month wait, so to start in January of 2009 approval was needed now. He explained that it was not an issue of increasing revenue; it was to start the rates in January 2009. Council Member Palmeri questioned the funding spent to outsource compared to the cost for in-house billing. He stated that he had not received an analysis of the comparison that he had requested. He questioned if the savings of outsourcing was a better benefit than the public service citizens received from in-housing. Mr. Rohloff explained with the constant changes and updates of insurance it was better to have an expert in those areas handle the bills. He stated staff time was better spent elsewhere, then trying to keep up with the constant changes. Resolution 08-343 Award Bid for Sewer Jetting Vac Machine for Wastewater Plant (Bruce Municipal Equipment $282,576.00) Resolution 08-344 Award Bid for Public Works Contract No. 08-15 /Four-Way Construction of Wisconsin, Incorporation /Sanitary, Storm Sewer, Water Main, Grading and Graveling ($134,358.25) Resolution 08-345 Authorize Establishment and Use of Contingency Fund on Fire Department Renovations Resolution 08-346 Approve Change Order No. 1, Public Works Contract No. 08-06 / Fischer- Ulman Construction, Inc. /Concrete Sidewalk (+$89,250.00) 4 Resolution 08-347 Approve Change Order No. 1, Public Works Contract No. 08-05 for Water Filtration Plant with Miron Construction ($159,184.00) Proceedings of the Common Council -September 23, 2008 Resolution 08-348 Approve Change Order No. 1, Approve Fund Transfer /Convention Center Renovation Council Member Tower questioned if this was a transfer of funds or an additional amount. Mr. Kinney stated that it was an additional $50,000 to add to the contingency and that it was 2% of the contingency. Council Member Tower stated that it would be more accurate to have the contingency cost added to the original cost. Mr. Rohloff stated that the City had planned to create a policy. He stated that he was not comfortable moving forward with construction and then request approval from Council. He explained the future policy would avoid these types of situations. Ms. Lorenson explained that the policy was to keep construction flowing. Resolution 08-349 Approve Amendment No. 1 /Strand Associates, Incorporated /Design and Bidding -Related Services -Hazel Street Interceptor Extension ($29, 500.00) Resolution 08-350 Approve Amendment No. 1 / Gremmer and Associates, Inc. /Engineering Services Highway 41/45 Utility Relocation Design ($35,000.00) Resolution 08-351 Approve Amendment No. 2 / MSA /Engineering Services for North Main Street ($5,648.46) Resolution 08-352 Approve Amendment No. 4 / CH2M HILL /Engineering Services for Water Filtration Plant ($42,819.00) Resolution 08-353 Approve Revised Agreements with Wisconsin Department of Transportation a) Jackson Street and Murdock Avenue Intersection ($168,875.00) b) North Main Street (no cost change) c) West New York Avenue (no cost change) d) Westfield Street Bridge ($118,126.50) Dave Nesseler, 1446 West New York Avenue, questioned where the publicwould locate plans for the future of New York Avenue. Resolution 08-354 Approve Initial Resolution - Edgewood Village Subdivision /Sanitary 5 Sewer, Water Main and Sidewalk Resolution 08-355 Accept and Approve Waiver of Special Assessment Notices and Hearing in Connection with Improvements /Edgewood Village Subdivision Proceedings of the Common Council -September 23, 2008 Resolution 08-356 Approve Final Resolution /Edgewood Village Subdivision /Sanitary Sewer, Water Main and Sidewalk Resolution 08-357 Approve Amendment to Developer Agreement /Edgewood Village Subdivision Resolution 08-358 Disallow Claim / Beier Resolution 08-359 Disallow Claim / Degner Resolution 08-360 Disallow Claim / Haidlinger Resolution 08-361 Disallow Claim / Jordens Resolution 08-362 Disallow Claim / Kentopp Resolution 08-363 Disallow Claim / Kleveno Resolution 08-364 Disallow Claim / Liska Resolution 08-365 Disallow Claim / Newcomb Resolution 08-366 Disallow Claim / Nieft Resolution 08-367 Disallow Claim /Ohio Street Station Bar and Grill Resolution 08-368 Disallow Claim /Richter Resolution 08-369 Disallow Claim / Schneider Resolution 08-370 Disallow Claim / Stang Council Member Palmeri questioned the investigation from the insurance company to deny the claims. He explained that the investigation stated there were no prior problems with flooding; however, the previous home was torn down due to flood damage. He questioned if any claims from the flood damage had been allowed in 2008. Mr. Patek stated that if the City was notified of prior problems, they were not responsible. Ms. Ubrig stated that she was not aware of any paid flood claims for the year. 6 Mayor Tower stated that Mr. Rohloff explained that he was in the process of reviewing insurance premiums to include a no fault clause. Resolution 08-371 Disallow Claim / Tomaschefski Resolution 08-372 Approve Appointments Proceedings of the Common Council -September 23, 2008 Resolution 08-373 Approve Miscellaneous City Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 08-339, 08-342, 08-345, 08-348 and 08-353 (Esslinger; second, Palmeri) CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Resolution 08-339 Approve Agreement with Wisconsin Public Service to Underground Utilities / 9t"Avenue at South Main Street MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (5) Bain, King, Palmeri, Tower, Mayor Tower; Noes (2) Esslinger, McHugh Council Member McHugh stated that he would not support the resolution. Resolution 08-342 Approve Ambulance Rates MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (6) Esslinger, Bain, King, Palmeri, Tower, Mayor Tower; Noes (1) McHugh Council Member McHugh questioned the $600,000 short fall of revenue, what was spent and where the funding comes from. Tim Franz, Fire Chief, stated that not all of the funds were included in the revenue. He explained that money would come from subsidies from townships that received ambulance service; funds collected by Southwest General Service and other ambulance aid. He stated the fee structure in 2007 did not cover that cost. He explained that was a projected expense for 2009. Council Member McHugh expressed his concern with the City being in the ambulance business and suggested to privatize the service. Council Member Palmeri stated that the rates were more of a cost with privatization. Council Member Tower questioned the 58.5% of recovered cost of billing. Chief Franz explained that the percentage for 2008 thus far was 69.5%. He stated that the number would improve over time as funds came in from previous years. He explained that all of the funds had not been collected. He explained the policy that Southwest General Service 7 follows to collect funds. He stated that 80% of bills had been collected for the first few months of 2007. Council Member Tower questioned the kind of subsidy the taxpayers paid for the service. Proceedings of the Common Council -September 23, 2008 Chief Franz explained that the analysis completed was for the 2009 year. He explained there were changes in the cost overhead and with positions. He explained that if the proposal to privatize were approved, it would change the level of service provided by the Fire Department. He stated that there were three ambulances on duty each day along with the cross backed ambulances and to have that availability included 18 personnel for three shifts and an additional three personnel to cover. He explained the cost was $1,892,000.00 based on 2009 wages. He explained that if the staffing level was brought down to a staffing level with no impact on the tax payers there would have to be 21 positions with no savings to the taxpayers due to taking away ambulance revenue. He stated that would bring the fire department down to 86 persons which was the lowest staffed fire department per capita income. He explained that with the ambulance service there was a better quality of service regarding fire protection which keeps the insurance rates lower and the lowest net cost per capita for the tax payers. He stated that Oshkosh had been in the ambulance service since 1976. Resolution 08-345 Authorize Establishment and Use of Contingency Fund on Fire Department Renovations MOTION: ADOPT: (Esslinger; second, Bain) CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Council Member McHugh stated that there was double dipping regarding funds due to the $100,000 being included in the report and the request for another $100,000. Chief Franz explained that the $100,000 was not included in the contract that was approved. He stated that state law allowed for an increase of 15% above contract funding. Council Member McHugh questioned who verified change orders. Chief Franz explained a battalion chief was assigned to the project and meets with the contractor on a daily basis as does the fire chief along with the architect. Council Member McHugh questioned if city engineers were contacted. Chief Franz stated that engineers and inspectors had been contacted. Resolution 08-348 Approve Change Order No. 1, Approve Fund Transfer /Convention Center Renovation MOTION: ADOPT (Esslinger; second, Bain) 8 CARRIED: Ayes (6) Bain, King, Palmeri, Tower, McHugh, Mayor Tower; Noes (1) Esslinger Council Member Palmeri questioned what the consequence would be if the resolution was voted down. Mr. Rohloff explained the City would be unable to process change orders and would have to identify other funding sources. Proceedings of the Common Council -September 23, 2008 Mr. Kinney, Community Development Director, explained that the City was following prior practices as long as the amount remained under the contract amount. Council Member Palmeri questioned what the alternative funding source would be. Mr. Kinney stated that there was no other funding source. Council Member Palmeri stated that if the resolution was not approved the construction would not be completed. Mr. Kinney stated that would impact the schedule for the completion date of the project. Mayor Tower questioned what the process was if the construction company stated there was more work needed. Mr. Kinney stated that the architect oversees and reviews the project and evaluated the change order requests and then it would go through community development. Mr. McHugh questioned if the architect was the construction company's architect. Mr. Kinney stated that the architect was retained by the City. Council Member Esslinger stated that this was the 3rd or 4t" time for an increase request. He questioned how the architect was paid. He questioned what the starting amount was and what the amount was at currently. Mr. Kinney stated that the architect was paid on a flat fee. He explained that the company encounters unexpected changes with construction and therefore changes were created. He explained due to the market changes the cost of materials had increased which resulted in the request for more funding. Deputy Mayor Bain questioned if there would be a change in the future regarding a policy for contingency funds. Mr. Rohloff stated that there would be a policy allowing staff to increase changes without going above the estimated amount. Resolution 08-353 Approve Revised Agreements with Wisconsin Department of 9 Transportation a) Jackson Street and Murdock Avenue Intersection ($168,875.00) b) North Main Street (no cost change) c) West New York Avenue (no cost change) d) Westfield Street Bridge ($118,126.50) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (5) Bain, King, Palmeri, Tower, Mayor Tower; Noes (2) Esslinger, McHugh Proceedings of the Common Council -September 23, 2008 Mayor Tower questioned where information regarding street changes would be found. Mr. Patek stated that on-line in the capital improvement plan there was information. He explained that the capital improvement plan was being updated and that project was pushed back with no specific start date. He stated that the gentleman with concerns could call and he would explain himself what the plan was for the project. He stated that there was no intent to widen the street. Council Member McHugh questioned when the increases were going to stop. Mr. Patek explained that the earlier request for funding was for additional work that was requested by City. He explained that there had been a state wide rise in bid prices earlier in the summer and all projects throughout the stated had been updated to reflect the increase and most had been increased with a minimum of 10-15%. Mr. Rohloff explained that estimates were just that, an estimate of what the cost would be and as inflation raises so does the estimated cost. Action Taken on Ordinances and Resolutions Ordinance 08-374 Approve Red Ball Annexation MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Ordinance 08-375 Official Mapping of Oregon Street, East Side between West 6th Avenue and Fox River MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Ordinance 08-376 Repeal Cable TV Advisory Commission MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Esslinger, Bain, King, Tower, McHugh, Mayor Tower; Noes (1) Palmeri 10 Council Member Palmeri stated that he would not support the resolution and urged Council to oppose it as well. He stated that the Cable Advisory Commission needed to created duties and functions. He explained what other communities had done regarding the Cable Advisory Commission. Council Member King questioned what the recommendation from the current commission was. Deputy Mayor Bain stated that the current commission had discussed and voted unanimously to repeal. Proceedings of the Common Council -September 23, 2008 Council Member King questioned if there was discussion of new mandates or what the commission could do. Deputy Mayor Bain stated that as a Council Member there was an opportunity to discuss all the boards and committees and what there functions were. Council Member King stated that she was inquiring what Jon Urben's thought were regarding revitalizing a mandate. Mr. Urben, Director of Oshkosh Community Media Services, stated that he had been the staff liaison for 17 years and the commission had been helpful. He stated that there had been one appeal and as the years evolved he resolved the complaints himself. He stated that cable complaints were now taken by the state. Council Member Esslinger stated that he was not convinced that the commission should be disband. Mr. Urben stated that there was not a massive volume of complaints and information was available several ways as to how a person could get involved to produce programming. Council Member Tower stated that it was time for the commission to dissolve and if problems occurred in the future Council would create a new mandate. Ordinance 08-377 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Citizen Statements Lois Luebke, 619 Division Street, stated her concerns for funding of various construction sites in the area. Dave Nesseler, 1446 West New York Avenue, stated that it took courage for citizens to come before Council to make statements. He stated that he would like a moment of silence for the 11 late Ken Bender. Dan Lynch, 310 South Eagle Street, stated that he had concerns regarding the lack of enforcement regarding minors smoking. He stated that he would like to see a ban on smoking at all places of employment, in cars when minor children were present, with a large fine to the driver of the vehicle. He encouraged a public wide smoking ban. Gregory Lynch, 310 South Eagle Street, stated that he had lung cancer at the age of 42 and would support a City wide smoking ban. Todd Sohr, 530 Grand Street, questioned why there was no update on the Near East Neighborhood listed on the agenda and if the committee members had gone through the same protocol as the residents had. Proceedings of the Common Council -September 23, 2008 Mayor Tower stated that all citizens in the Near East Neighborhood had the same review. He stated that after budget review there would be more action taken regarding the Near East Neighborhood. Terry Carlson, 408 Merritt Avenue, stated that he had purchased a multi family home and had been working on restoring it to a single family home. He explained that due to the safety of his children he had changed the window size for a cost of $7,000 and then was ordered to return the window size to the original status which cost an additional $4,000 for the windows and additional funds for fines because it was not done with in an allowed time frame. He explained that he had been out of work and that it took eight weeks to have the windows made and another six weeks to save up enough money for them and it was during that time that he had been fined. He stated that he still had a fine pending in the Court system. Council Member Palmeri questioned what the vote was at the Plan Commission meeting to have the windows be put back to the original size. Mr. Carlson stated that the vote was six to one. Council Member Esslinger urged Council to withdraw the fines as the work had been completed. Deputy Mayor Bain questioned if Council had the power to dismiss a judgment that was ordered by the Court. Ms. Lorenson stated that any decisions regarding dismissal of fines would need to go through the Courts. Council Member announcements, Statements and Discussion Council Member Bain announced the Take Back the Night Rally and March was Wednesday, October 1st, at 5:30 p.m., in the UW Oshkosh Polk Library Mall area. He Announced that there had been a change regarding the September "Fifth Tuesday Forum", it would be held on Monday, September 29th, at 6:00 p.m., at the Oshkosh Public Library. 12 Council Member Palmeri stated that there was a call for community input on the Marion Road / Pearl Avenue Development. He requested that Community Development Staff issue a new request for proposals for the waterfront redevelopment area. He explained that Akcess had withdrawn their plans for developing the area and there were two developers interested in the project. He explained that to gain community support, the community should express what they were interested in. Mayor Tower stated that the citizens needed to understand that if a project was chosen without a developer there would be funding needed from the tax funds. Proceedings of the Common Council -September 23, 2008 Mr. Rohloff stated that public feedback was necessary and that there needed to be a better understanding of the project to the public. He explained that the plan was awarded by Council and by the Redevelopment Authority. He stated that the City had already committed $6.3 million in debt on the project and was looking at another $3.8 million on debt for the seawall, the riverwalk and the park development. He stated that there needed to be approximately $33 million in development to pay off the investment made by the City, half of that to occur in the next two years. He explained further delay of the project would risk discouraging viable developers interested. He suggested Council to hold a public input meeting within the next two weeks. He stated that he would urge Community Media Services to broadcast as much information as possible on the network regarding the project. Ms. Lorenson stated that the discussion was broadening off of the topic. Mayor Tower stated that he needed Council majority regarding the public input meeting and expressed his support. Council Member Esslinger questioned what the education to the public would be. He stated that due to decisions that were made two years ago and with so much that had happened in that time maybe the development was headed in the wrong direction. Mr. Rohloff stated that there would be a variety of items to educate on, the proposals and what they included for use of development. Deputy Mayor Bain stated that he would support public input at a meeting prior to the October 14t" Council Meeting. He stated that having this would create a time line. Council Member Tower he stated that he would like to see an explanation of what had happen in the past with the project prior to the citizen input. Council Member King stated that she was supportive of a community input session. She questioned the potential for donor TIFS and if it would allow to service debt in that area. 13 Council Member McHugh stated that the project needed to move forward. He stated that he was supportive of a community input session. Council Member Palmeri stated that one session was not enough time for public input. Council Member Esslinger suggested having a survey or questionnaire sent out with water bills or broadcasted on Oshkosh Media Services. Mr. Rohloff stated that it was important to educate the community regarding timing and funding issues. Mayor Tower announced that on October 8t" at the Oshkosh Seniors Center at 6:00 p.m. there would be an open house for community input regarding the development and a formal presentation to start at 7:00 p.m. Proceedings of the Common Council -September 23, 2008 Council Member McHugh stated that Ken Bender's family requested him to give Council Members their gratitude for the respect they had given Ken at the Council Meetings. Mayor Tower thanked all the members that served on the Cable Television Advisory Commission. He announced that the next workshop was the nuisance ordinance update. He announced that budget workshops would be held on October 27t", November 6t" at 5:00 p.m. He stated that the CIP and final budget workshop was to be held on November 18t"at 5:00 p.m. Mr. Rohloff stated that the budget was to be delivered to Council on October 17th. City Manager announcements, Statements and Discussion Mr. Rohlhoff explained that the recommendation from the Grand Opera House was to have the Council do the sprinklers at the Grand. He stated that he had recommended the Grand Foundation look at their resources for funding and then he would make a formal recommendation. MOTION: ADJOURN (McHugh; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 9:41 p.m. PAMELA R. UBRIG CITY CLERK 14