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HomeMy WebLinkAboutMinutes from 7/28/2009PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OfHKQfH ON THE WATER REGULAR MEETING held Tuesday, July 28, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Jessica King, Bob Poeschl, Burk Tower, Dennis McHugh, Harold Buchholz, Tony Palmeri and Mayor Esslinger ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Council Member King read the Invocation and led the Pledge of Allegiance. A proclamation was presented by Mayor Esslinger declaring July 28, 2009 as "Wisconsin International U14 Girls Soccer Team Day" in the City of Oshkosh. PUBLIC HEARINGS Ordinance 09 -278 Approve Zone Change from M -2 Central Industrial to R -2 Two Family / 410 West 5th Avenue and Vacant Lot East of 421 West 5th Avenue (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Ordinance 09 -279 Approve Repealing and Recreating Section 30 -27 Downtown Overlay District of the Zoning Ordinance (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Ordinance 09 -280 Create an Ordinance Designating Portion of Public Way (Alley) Located Between the 400 Block of North Main Street and the 400 Block of Jefferson Street as a Pedestrian Mall (Plan Commission Recommends Approval) Steve Barney, 1335 Summit Avenue, stated that the parking lot would benefit Main Street. Council Member Buchholz questioned where the truck lane was located. 1 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Chris Strong,. Director of Transportation, handed out a map of the truck lane location. He explained that delivery vehicles would access the parking lot from Jefferson Street and pull up next to the sidewalk and make deliveries from there. He stated that there would be no access from Merritt Avenue. Council Member Buchholz questioned if there was a retaining wall. Mr. Strong stated that there would not be a retaining wall. Council Member Buchholz questioned if the delivery vehicles would create a problem with the parked cars. Mr. Strong stated that the delivery vehicles would not create a problem for the parked vehicles. Council Member McHugh questioned the cost of the pedestrian mall. Mr. Strong explained that there was no cost for the pedestrian mall; it was a change in the ordinance and the changes would be included in the construction bid. Council Member McHugh questioned the specifics to the ordinance changes. Mr. Strong explained that the ordinance change was designating the area in the City as a pedestrian mall. There were no other appearances and the Public Hearing was CLOSED. MOTION: ADOPT (Palmeri; second, Tower) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Resolution 09 -281 Approve Final Resolution for Special Assessments for Hot -Mix Asphalt Paving, Grade - Gravel (Stoney Beach Road, Stoney Beach Street, Stoney Beach Lane, 6 th Avenue, Congress Avenue and Various Alleys) Michelle Klitzke, 1129 West 6 th Avenue, stated that their sidewalks had been replaced four or five years ago and questioned why they were being replaced again since no repair of the sidewalks were needed. Mr. Rohloff explained that sidewalk repair was as needed, if there were no problems with the sidewalk they would not be replaced and no charges would be applied. Mrs. Klitzke questioned how she would know if work was to be completed. Mr. Rohloff stated that if work was completed there would be a bill for the charges applied. Mrs. Klitzke stated that she wanted to know what work would be completed prior to receiving a bill. 2 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Mr. Patek explained that sidewalks that were to be replaced would be marked with paint. He stated that he would have the inspectors and contractors meet Mrs. Klitzke at her residence and inform her of what would be done. Mrs. Klitzke stated that she would appreciate knowing what repairs would be made and where. Mr. Rohloff explained that by law they needed to notify residents if there was potential for cost. Randall Syvrud, 23 Stoney Beach Road, stated that the cost for the apron was not appropriate. He stated that he would prefer to have concrete rather than asphalt and would like to complete the work himself. Mr. Patek explained that the City prefers the replacement of an apron on an unimproved street without curb and gutter to be asphalt and there would be no problem with the homeowner doing that. Mr. Syvrud explained that his driveway was concrete and he would like to extend the concrete to the apron as the neighbors had done. Mr. Patek explained that the City prefer asphalt because if it needed to be removed it would be less cost to replace it. Mr. Syvrud explained that asphalt needed maintenance and concrete made taxes increase. He questioned the difference in the amount from his place of residence compared to his two empty lots. Mr. Patek stated that Mr. Syvrud would be allowed to contract an asphalt company to complete the work. He explained that the estimate was high and the actual cost could be reduced. Mr. Syvrud questioned the request for approval when there were no bids. Mr. Patek explained that the approval was for the worst case scenario and the bids could come in at a lower cost at which time the City would revise the charge to reflect the difference to the property owner. Mr. Syvrud stated that he could choose not to have the City complete the work and he would hire someone on his own. Mr. Patek stated that he needed to contact the City in writing and let them know he had hired his own contractor. Dennis Syvrud, 28 Stoney Beach Road, questioned if the grade of the road would change. He stated that he did not want the grade to be raised; he requested it to be lowered or remain the same. Mr. Patek stated that it was anticipated that the grade of the road would not change. 3 PROCEEDINGS OF THE COMMON COUNCIL - JuLy 28, 2009 Mr. Syvrud questioned if there was an ordinance that stated there could not be concrete aprons installed. He also questioned if a resident was to install concrete would there be a penalty. Mr. Patek stated that it was Public Works' recommendation to install asphalt. There were no other appearances and the Public Hearing was CLOSED. MOTION: ADOPT (Palmeri; second, Buchholz) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Resolution 09 -282 Approve Final Resolution for Special Assessments — Driveway Access for 135 and 139 High Avenue There were no appearances and the Public Hearing was CLOSED. MOTION: ADOPT (Palmeri; second, Tower) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger CONSENT AGENDA Approval of Minutes from June 23, 2009 Council Meeting. Approval of Bills presented by the Finance Director. Approval of Cash Report from June 2009. Receipt and Filing of Museum Board Minutes from July 9, 2009. Approval to the residents of Graber Street for a Block Party / August 29, 2009. Approval to the residents of Congress Avenue for a Block Party / September 20, 2009. Approval to the residents of Evans Street for a Block Party / August 22, 2009. Approval to the University of Wisconsin- Oshkosh / Utilize City Streets for their Tour de Titan / October 17, 2009. Approval to Special Olympics Wisconsin -Fox Valley Area / Utilize Menominee Park and facilities for their 10 Annual Polar Plunge / February 7 -10, 2010. Receipt of Petition for vacating end of Rainbow Drive. Council Member Tower questioned the vacating at the end of Rainbow Drive. Ell PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Ms. Lorenson explained that the petition would go to the Plan Commission and then come before Council. She stated that the vote tonight was to accept the receipt of the petition. Receipt of Claim filed with the City's insurance company/ Nichole Schettle, for alleged scratch by a monkey while visiting Menominee Park Zoo. Resolution 09 -283 Approve Accepting Land on the East Side of South Westhaven Drive, South of 2485 Westhaven Court, for Park Purposes (Plan Commission and Parks Advisory Board Recommend Approval) Resolution 09 -284 Approve Granting Utility Easement to Wisconsin Public Service, et al, on North Side of Marion Road, west of Jackson Street within the Marion Road /Pearl Avenue Redevelopment Project Area (Plan Commission Recommends Approval) Resolution 09 -285 Approval of Change Order No. 2 for Public Works Contract No. 08 -15 with Four Way Construction of Wisconsin, Inc for Various Utility Construction ( +$37,679.48) Resolution 09 -286 Authorize Jurisdictional Offers for the Jackson Street / Murdock Avenue Intersection Improvement Project in the amount of $41,400.00 Resolution 09 -287 Consideration of an Initial Resolution Regarding Industrial Development Revenue Bond Financing to Benefit the Shops at Market Fair Project. Information with Respect to the Job Impact of the Project will be Available at the time of Consideration of the Initial Resolution Resolution 09 -288 Disallow Claim/ Joe Honsa (vehicle damage from alleged city crew doing concrete work in area) Resolution 09 -289 Approve Special Class B Licenses, Transfer Of Class "A" Fermented Malt License, Operator's Licenses and Taxicab License MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 09 -286 AND 09 -287 (McHugh; second, Palmeri) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Resolution 09 -286 Authorize Jurisdictional Offers for the Jackson Street / Murdock Avenue Intersection Improvement Project in the amount of $41,400.00 MOTION: ADOPT (Buchholz; second, Poeschl) CARRIED: Ayes (5) King, Poeschl, Tower, Buchholz, Palmeri; Noes (2) McHugh, Mayor Esslinger Council Member McHugh questioned the term of temporary easements. 5 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Mr. Patek explained that a temporary easement was needed to avoid trespassing and to grade the sidewalk to match the edge of the lawn due to the replacement sidewalk would be on the property line. He stated that the temporary easement would expire after the construction was completed. Resolution 09 -287 Consideration of an Initial Resolution Regarding Industrial Development Revenue Bond Financing to Benefit the Shops at Market Fair Project. Information with Respect to the Job Impact of the Project will be Available at the time of Consideration of the Initial Resolution MOTION: ADOPT (Palmeri; second, McHugh) CARRIED: Ayes (5) King, Tower, McHugh, Buchholz, Mayor Esslinger; Noes (2) Poeschl, Palmeri Deputy Mayor Palmeri questioned the information received regarding the job impact. Mr. Rohloff stated that there was a representative from the bond counsel that would provide that information. Lisa Lang, representative from Whyte, Hushbeck, Dudek Law Firm, stated that she had provided a form with information regarding thel00 job impact. Deputy Mayor Palmeri questioned what parts of the project the information had included. Ms. Lang stated that it included the entire project area. Deputy Mayor Palmeri questioned what shops were a definite in the project. Ms. Lang explained that the purpose for the request of the initial resolution was for potential bond financing and this did not commit the City to issue the bonds. Deputy Mayor Palmeri questioned the shops. Mr. Rohloff stated that it would be helpful if the information could be provided; however, not all of the shops had commitments to build. Deputy Mayor Palmeri explained that he understood this type of bonding be requested for manufacturing type developments; however the law had changed. Ms. Lang stated that was correct. She explained that from the 2008 storms in the Midwest there were bonds created that were known as Midwestern Disaster Area Bonds. She stated that Wisconsin was allocated $3.9 billion within the southern 30 counties to replace economic development loss. Deputy Mayor Palmeri questioned if the applicants were required to demonstrate flood damage. 0 PROCEEDINGS OF THE COMMON COUNCIL - JuLy 28, 2009 Ms. Lang stated that it was replacing economic loss with newly created economic value. Deputy Mayor Palmeri questioned if the development would take place without the bonds. Ms. Lang explained that it allowed greater opportunity with the interest savings. Council Member McHugh questioned how long the law had been active. Ms. Lang explained that the Federal Hartland Disaster was in November of 2008 and would be available through the end of 2012. Council Member McHugh questioned if there was a minimum and a maximum dollar requirement. Ms. Lang stated that there was no minimum and the $3.9 billion was the total amount for the 30 counties designated. She explained that there was hope to allow each county $50 million to start and then have a statewide pool for the remaining funds. Council Member McHugh questioned if small businesses were allowed to apply. Ms. Lang stated that there were no limitations regarding the dollar amount. She explained that there were transaction costs and that bonds would not be issued for less than $1 million due to the associated cost. Council Member Tower requested that the job data be distributed to Council Members and questioned what the basis was for the estimate of jobs. Ms. Lang explained that the developer provided the job estimates. Council Member Tower questioned if the amount was granted for this project would that decrease the potential amount for other businesses requesting bonds. Ms. Lang stated that she would not be concerned because the bond amount was available for the short time frame. Deputy Mayor Palmeri stated that he would not support the resolution because the estimate of jobs was not provided until the meeting; that there was no certainty as to what shops would locate at that site; it should be reviewed as TIF and the development would proceed without the bonds. Council Member King stated that it was wonderful to facilitate an economic development within the community. She stated that it was important to encourage the creation of jobs within the community and urged the Council to support those businesses that took the expense of hiring an attorney to apply for the bonds as it would bring job opportunities. Mayor Esslinger stated that he wanted clarification that the City was not lending funds for the development. 7 PROCEEDINGS OF THE COMMON COUNCIL - JuLY 28, 2009 Mr. Rohloff stated that the City was not financially obligated for the development even in the event of a default. Mayor Esslinger stated that it was important for aggressive development at this time and Mr. Jungbacker had developed successful projects throughout the City. He stated that he would support the resolution. Council Member Poeschl questioned why come forward at this time, after construction and investment had already begun at the site. Peter Jungbacker, 1215 Bay Shore Drive, stated that the program had not passed until November of 2008. He explained that the delay was due to the creation of regulations and the program had a low profile since it had been introduced. - He stated that he had heard of the program within the last 60 to 70 days and the financing would help provide a gateway for the community. Council Member Poeschl questioned the creation of the job numbers. Mr. Jungbacker stated that the job numbers were a component of the process. He explained that Best Buy was surveyed with their employment figures and those figures were compared to the employment of the two previous tenants in that space. He stated that that there was an assumption regarding Michaels or similar shops. He stated that the fagade of the entire building would be constructed as new. Council Member Poeschl questioned who paid the interest on the loans. Ms. Lang explained that the borrower paid all principal, interest and any cost to the City. Council Member Poeschl questioned the rate of interest. Ms. Lang stated that the rate was determined by the market place and was not subject to federal income tax. She stated that generally the savings could be 20% to 30% of what a conventional borrowing rate would be. Deputy Mayor Palmeri questioned what would happen if the projected jobs did not materialize. Ms. Lang stated that it was a requirement that the projected jobs be provided at the time of consideration of the resolution. She explained that it was for informational purposes and that there were no consequence if a lower or higher number of jobs were created. Deputy Mayor Palmeri stated that the number was meaningless as there were no negative consequences for not creating the projected number of jobs. Council Member Poeschl questioned the number of jobs that were listed on the overhead. Ms. Lorenson explained that prior to the project there had been 20 jobs at the site and those 20 jobs would be maintained as well as 100 jobs to be created for a total of 120 jobs. 8 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 09 -290 Approve Zone Change from R -2 Two Family Residence to R -2 Two Family Residence with a Planned Development Overlay for Property at 1958 Oregon Street, Vacant Lot adjacent to 1958 Oregon Street and Part of 2008 Oregon Street (Plan Commission Recommends Approval) MOTION: ADOPT (Palmeri; second, Buchholz) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Mayor Esslinger questioned if a stop sign was adequate for that intersection. Chris Strong, Director of Transportation, stated that it was adequate. Mayor Esslinger stated that he was concerned that the stop sign and the traffic light would create an uncoordinated intersection. Mr. Strong stated that from a statutory perspective it was clear based on traffic generation of similar size developments. Mayor Esslinger questioned the line of demarcation on how many vehicles leave a development before a traffic signal be required. Mr. Strong explained the difference was the frequency of conflicts and how risky drivers were. He stated that there was no definite line of demarcation as it depended upon the configuration of the intersection, traffic flow and peak times of traffic. Mayor Esslinger stated that a light would be appropriate depending upon the traffic. Deputy Mayor Palmeri questioned if the discussion of a traffic light was appropriate for resolution 09 -294 as the ordinance was for a zone change. Ms. Lorenson stated that it would be appropriate to discuss traffic lights under resolution 09 -294. Ordinance 09 -291 Approval of Parking Regulation Changes on Ceape Avenue, Commerce Street, Mount Vernon Street, New York Avenue, 8 th Avenue and 11 Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 09 -292 Approve Tuchscherer Annexation from the Town of Oshkosh (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES M PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Ordinance 09 -293 Amend Ordinance to Allow Dogs at Rusch / Sawyer Creek Park FIRST READING; LAID OVER UNDER THE RULES Resolution 09 -294 Approve Planned Development for Construction of Single Family Condominium Units at 1958 Oregon Street (Plan Commission Recommends Approval) MOTION: ADOPT (Palmeri; second, Tower) MOTION: CHANGE NUMBER THREE TO READ - ALL CONDO UNITS HAVE DEDICATED PEDESTRIAN ACCESS TO PUBLIC SIDEWALKS ON 20 AVENUE (Palmeri; second, Poeschl) LOST: Ayes (2) Palmeri, Mayor Esslinger; Noes (5) King, Poeschl, Tower, McHugh, Buchholz MOTION: TRAFFIC SIGNAL INSTALLED AND PAID BY THE DEVELOPER (Esslinger; second, McHugh) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri Mayor Esslinger VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri Mayor Esslinger Council Member Buchholz questioned where the location of the sidewalks were. Jackson Kinney, Director of Community Development, explained that the site plan did not show the location of the sidewalks. He stated that the sidewalks would be adjacent to the driveways or another area on the site. He stated that, if passed, the developer would have to bring before Council a proposed site plan showing the sidewalk location. Del Tritt, 6228 County Road N, Pickett, explained that the setbacks from the garages to the private drive entrance were approximately 20' to 22', the length of a vehicle was 18', and there was no room within this parcel to construct a safe pedestrian walkway in front of the units. He stated that it was a reasonable compromise to provide a walkway from a central location where there would be a central mail delivery site and gathering place for residents of the community and a walkway to Oregon Street. Deputy Mayor Palmeri questioned staff regarding the lack of room for a safe walkway. Mr. Kinney stated that the walk could be across driveways as they were in residential areas. He explained that Mr. Tritt was trying to develop the sidewalk so it did not cross a driveway. Council Member McHugh explained that he was concerned with traffic back up and the hazard for the children in that area. He stated that a stop sign would not be the in the best interest for citizens. 10 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Mayor Esslinger explained that the traffic signal was warranted for safety reasons. Del Tritt, 6228 County Road N, Pickett, explained that for the City to encourage development at no cost to the City and then create cost for the developer was a mistake. Council Member King questioned the process to obtain a traffic light. Mr. Strong explained that there was not an established process that the request would go before the Traffic Review Board. Council Member King questioned the cost to install a traffic light. Mr. Strong stated that the estimated material cost for a traffic light was approximately $3,300 for one approach. Council Member McHugh questioned if the concern was with traffic coming out and if that would be one traffic signal on the east side. Mr. Strong explained that the traffic signal would be for the vehicles exiting the development. Council Member McHugh questioned the cost of $3,300. Mr. Strong stated that the cost was not high due to there was infrastructure in place to build on. Deputy Mayor Palmeri stated that he would support the resolution; however he was concerned that the residents in the area were unaware of the development. He questioned if there was a way to approve a storm water plan prior to approving the development. Resolution 09 -295 Approve Agreement with Wisconsin Department of Transportation for Resurfacing of Snell Road from Jackson Street to US Highway 41 ($4,000.00) MOTION: ADOPT (Palmeri; second, McHugh) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger The Council took a five minute break at 7:35 pm. Resolution 09 -296 Award Contract to Radtke Contractors, Inc. for 400 Block East Parking Lot Reconstruction ($547,297.79) MOTION: ADOPT (Palmeri; second, Buchholz) CARRIED: Ayes (5) King, Poeschl, Tower, Buchholz, Palmeri; Noes (2) McHugh, Mayor Esslinger 11 PROCEEDINGS OF THE COMMON COUNCIL - JuLy 28, 2009 Dave Sparr, 103 High Avenue, Chair of BID (Businesses Improvement District), presented a map of the area and photos of the current parking lot. He stated that the bids received for the project were lower than expected. He stated that the easements had been given by property owners and urged the City to move forward with the development. Council Member McHugh questioned where thousands of dollars were saved. Mr. Sparr explained that savings started with the low interest rate, low bids and stimulus funds. Council Member Buchholz questioned the future of the project if the resolution was not approved. Ms. Lorenson stated that if the bid was not awarded the project would not be constructed. Mr. Rohloff explained that the borrowing that had taken place was different than other bonds and the funds could not be allocated to other expenditures. He stated that the funds need to be used for parking projects and used within a three -year time frame or the bonds would be redeemed. Council Member McHugh explained that the property owners that had given up their parking stalls were awarded parking stalls for the next fifteen years and one instance was for life. He questioned the assignment of parking stalls. Mr. Strong stated that it was the spaces along the eastern edge of the parking lot; those closest to Jefferson Street and farthest from the buildings. Council Member McHugh stated that the contract states there would be no vehicles parked within the easement; however, some businesses would park adjacent to their building within the easement. Mr. Strong explained that there were three cases where residents would park west of the sidewalk and there was not an easement with those three cases. He stated that in two cases there were garages and the vehicles would be in the garage not the driveway space; the other case was a property at 448 north of the western part of the parking lot and there was room for one vehicle to park there. Council Member McHugh stated he was concerned with people driving in and out of their space on the same side as the pedestrian walk. Mr. Strong stated that it was on the same side; however, pedestrians would be crossing the pedestrian mall. He stated that the pedestrian mall statutorily created safety for pedestrians by limiting vehicle access. Council Member McHugh stated that the safe space would give the shopper the illusion that they were safe and, therefore, they would not watch for vehicles. He questioned if there was not an easement taken for those sections with the garage. 12 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Mr. Strong stated that it was his understanding that was correct. Council Member McHugh questioned if that space would be as beautified as the rest of the area. He stated that he had understood that all easements would be paved up to the building and questioned if all property owners would have their easement paved. Mr. Strong stated that in certain cases there was not an easement sod Ms. Lorenson stated that those questions would pertain to the next resolution as this resolution was pertaining to the cost of the contract. Council Member McHugh questioned the parking restrictions and if the fourteen vehicles parked in the lot would be allowed there 24 hours per day due to the loss of fourteen stalls. Dave Praska, Assistant City Attorney, stated that they would be allowed to park overnight. Council Member McHugh questioned how snow would be plowed with the vehicles there. Mr. Praska stated that they would have to follow the long term parking restrictions in which the vehicles would be moved to allow for snow removal. Council Member McHugh questioned if they would be allowed to park behind their building at night. Mr. Praska explained that their current spaces behind the building allowed for overnight parking; therefore, the spaces in exchange would allow the same. Council Member McHugh questioned the cost paid by property owners. Mr. Strong stated that there were assessments involved with the sanitary utility portion of the project. Mr. Rohloff explained that there were no special assessments for the parking lot portion of the project as it was funded entirely by general obligation debt with the possibility of stimulus funds. Council Member McHugh stated that he wanted to make the taxpayers aware that this was the beginning of the project since the City had spoken with the bank regarding the cost to purchase that property for $1 million. Deputy Mayor Palmeri questioned what would happen to the funds if the proposal was voted down. Mr. Rohloff explained that the funds had been borrowed and were to be used for parking related projects. He stated that the funds would be held for another parking proposal. He stated that the denial of the bid would end this project. 13 PROCEEDINGS OF THE COMMON COUNCIL - JuLy 28, 2009 Deputy Mayor Palmeri stated that the discussion was pertaining to the bids and if they were appropriate. Council Member Buchholz explained that he was concerned with the cost of the parking lot. He questioned if other parking lot costs were comparable to the cost for this lot. Mr. Rohloff stated that the High Avenue parking lot was comparable and had been completed in 2000 -2001. He stated that there were more requirements now for parking lots regarding storm water and there were more pedestrian amenities that were not in other parking lots. He explained that for these times the bids were competitive. Council Member Buchholz questioned if the total cost of the project could have been negotiated better. He questioned if only essentials were included in the project and if there should have been more private investment. Council Member Poeschl questioned what elements were removed from the design of the lot. Mr. Strong stated that a decorative fence around the perimeter and one dumpster enclosure was removed. Council Member Poeschl questioned the cost of a dumpster enclosure. Mr. Strong stated that the cost per enclosure ranged from $24,000 to $28,000. Mr. Rohloff stated that meters had been excluded as well due to the cost of the pay and display meters costing $30,000 each. Council Member Poeschl questioned if the amount was included in the Capital Improvement Program (CIP). Mr. Rohloff explained that those items had been removed from the estimate prior to the vote on the CIP. Mr. Strong explained that the cost for four dumpsters had been included; however the other items were not included. Council Member Poeschl questioned what components could be removed without losing the necessity and design of the project. Mr. Strong explained that removal of the walls would save approximately $70,000. He stated to remove the wall would require to negotiate the easements and would delay construction of the project. He stated that another option was to remove the roof from the middle dumpster enclosure to save $8,000; however, the roof provided security. He stated that a third option was to remove the three different areas for bike racks saving $6,000 or to lower the initial cost outlay by trying to phase the project. He stated that the challenge was how to make it functional during the phase. He stated the use of different materials for walls, fencing and dumpster enclosures could be a savings. He stated that it was difficult to remove a piece and have the design stay in tact. 14 PROCEEDINGS OF THE COMMON COUNCIL - JuLY 28, 2009 Council Member Poeschl questioned when the remainder of cost would come before Council. Mr. Rohloff explained that many of the costs had been incurred. He stated that there was a 10% contingency for the northern end of the project for unexpected costs that may happen and if there were none the price would decrease. He explained that change orders would come before Council Mr. Strong stated that the contingency was 10% on recommendation of the consultant and was $70,000. He explained that consultant contracts needed to be amended for inspection services and the other consultants would work closely with the construction of the wall which was not initially planned. He stated that it would include the cost of electric underground which would be a City expense for PVC and wiring; it would also include landscaping costs for a bio filtration area to ensure storm water quality issues as well as trees and shrubs. Council Member McHugh questioned the percentage of utilization for the parking lot. Mr. Strong explained that he had completed a utilization study of parking lots to identify the use of spaces and how to improve them. He stated that the medium term spaces were 90 minute parking at 39% and long term, blue banded meters were 47 %. He stated that it was comparable with the 400 block west. Council Member McHugh questioned what the average was. Mr. Strong stated that downtown as a whole would be average or above average. Council Member McHugh questioned if this lot included overflow parking from the library. He stated that there were no parking space issues when shopping downtown and this was not a necessity with the change in the economy. He stated that he would not support the resolution. He explained that the cost of the project should not be supported by the taxpayers. Council Member King stated that the downtown area was coming back. She explained that there were hurdles and the parking lot investment would happen once in 80 to 100 years. She explained that the project was providing work for trades' people and the interest rate was low. She stated that it was important as a Council to follow through with promises and set an example to follow the requirements that private property owners needed to follow. Deputy Mayor Palmeri explained that recent surveys indicated projects such as parking lots were not important. He stated that he would support the resolution because his attempt to delay the project had failed and the bids were reasonable. Council Member Tower explained that it was important to move forward and follow through on the project. He stated that it was the City's responsibility to maintain the property. He stated that the parking lot was consistent with the visioning process. He stated that the timing to complete the work was appropriate while Main Street was going through construction. He explained that for those reasons he would support the resolution. 15 PROCEEDINGS OF THE COMMON COUNCIL - .JULY 28, 2009 Council Member Buchholz stated that he would support the resolution as it needed reconstruction. He stated that he would support the vision of the people of Oshkosh and funding for infrastructure. He questioned if there would be future requests for more funds for the parking lot or the 400 block. Mr. Strong stated that they included the contingency so they did not have to come back before Council with another request for funds. He stated that the intent was that there would be no further expense. He stated that at this time there were no plans for other parking lots. Council Member Poeschl stated that he would support the resolution due to the bids came in lower than anticipated. He stated that it was the City's responsibility to maintain property owned by the taxpayers. Mayor Esslinger stated that the School District paid $170,000 for the reconstruction of the Oshkosh West parking lot and that lot was five to six times larger than this parking lot and that the City was spending $377,000 more, he questioned why the cost difference. Mr. Strong stated that he did not know the scope of the Oshkosh West project. Steve Gohde, Assistant Director of Public Works, explained that the Oshkosh West parking lot was a resurfacing project and not a reconstruction of the entire parking lot. He stated that he did not know the specifications of the construction that was completed in the school lot. Mayor Esslinger explained the differences between wants and needs. He stated that the parking lot was a want, not a need as business would continue without reconstruction of the parking lot. He stated that the bond should be redeemed; the City should not incur the debt and he would not support the resolution. Resolution 09 -297 Approve Parking Agreements and Accept Easements from Various Property Owners for Implementation of the 400 Block East Parking Lot Reconstruction Project (Plan Commission Recommends Approval) MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (6) King, Poeschl, Tower, Buchholz, Palmeri, Mayor Esslinger; Noes (1) McHugh Resolution 09 -298 Approve Development Plan for Construction of Office Building at the Southeast Corner Pearl Avenue and Riverway Drive; Approve Revised Development Plan and Conditional Use Permit for Expansion of Previously Approved Mixed Commercial / Residential Structure at Southwest corner of Pearl Avenue Jackson Street (Plan Commission Recommends Approval) MOTION: ADOPT ( Poeschl; second, Buchholz) 16 PROCEEDINGS OF THE COMMON COUNCIL JULY 28, 2009 MOTION: NUMBER ONE - CHANGE DEPARTMENT OF COMMUNITY DEVELOPMENT TO COMMON COUNCIL (Poeschl; second, King) WITHDRAWN MOTION: NUMBER ONE - ADD BIKE RACK PLACEMENT AFTER PLAN (Poeschl; second, Palmeri) CARRIED: Ayes (5) King, Poeschl, Tower, Buchholz, Palmeri; Noes (2) McHugh, Mayor Esslinger VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) King, Poeschl, Tower, Buchholz, Palmeri, Mayor Esslinger; Noes (1) McHugh Steve Barney, 1335 Summit Avenue, stated that the building code should be Energy Star compliant. He urged Council to investigate and verify that the developer pursued that option and if it was discussed by the City during the planning process. He explained that using Energy Star certification was no cost to the developer. Deputy Mayor Palmeri questioned if any buildings were Energy Star compliant. Andy Dumke, 2030 Menominee Drive, explained that there were two buildings in the resolution and the certification was cost prohibited. He stated that the building on the river was a green building. Deputy Mayor Palmeri stated that the Morton Pharmacy, Glass Nickel Pizza and Accu -Com would be relocating from their current location in the community and he questioned if there were other local businesses that would relocate. Andy Dumke stated that there was the possibility that one other business would relocate. Council Member Tower stated that his concerns were with different developers would there be similar styles of buildings in that area. Mr. Kinney explained there was urban character with the two structures proposed and that the designers worked together with the materials. Andy Dumke stated that they continue to build Class A space and the individuals they worked with would do the same. Council Member Tower stated that the designs had been appropriate, he just wanted assurance that the designs would go well with all of the other buildings. Andy Dumke stated that they were working with the City planners Art Dumke, 2020 Menomonee Drive, explained that they were working with one landscape architect to landscape the entire project with common elements. 17 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Council Member Buchholz stated that he approved of the mixed use building. He questioned the design of the Accu -Com building and the parking spaces. Mr. Kinney stated that the developers met the zoning ordinance regarding parking spaces and were consistent. He explained that there could be additional greenery added. He stated that the parking area was to serve all in the area. Council Member Buchholz stated that he would support the resolution. Council Member Poeschl questioned the number of parking spaces in the parking lot. Andy Dumke explained that it was five parking spaces per thousand for general retail and added ten parking spaces per thousand for the restaurant. Mr. Kinney stated that 217 stalls were provided and the requirement was 193. He explained that the number could be reduced pending the storm water management plan. Andy Dumke explained that the current quota of 197 was based on the fact that there would be no other uses that would require more than five parking spaces per thousand. He stated thatto go with the minimum would prevent other tenants for food service. Council Member Poeschl questioned if there were bike racks located throughout the development. Andy Dumke stated that there would be one located near Morton Pharmacy. Mr. Kinney explained that the bike racks would be designed along with the landscape plan. Andy Dumke stated that the amount of parking was needed to maximize the site and developments failed due to lack of parking. He explained that the landscape plan had not been brought forward yet. Mr. Kinney explained that there have been changes to the off - street parking regulations of the zoning ordinance. Mr. Rohloff stated that the Council had the option to direct staff to provide accommodations to the plan to include bike racks. Deputy Mayor Palmeri stated that he would support the resolution as the mixed use was exciting to the development although he was disappointed in the shuffling of businesses from other areas of the community. He stated that he was thankful for the development along the riverfront. Council Member McHugh stated that he did not approve of a strip mall being developed on the site. He stated that the development was not similar to the original plan presented. He stated that he would not support the resolution and urged the Council not to support it. PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Mr. Kinney explained that the intent was to make the recommendation that bike racks be implemented in the landscape plan. Mr. Rohloff stated that in order to keep the project moving forward it would not be beneficial to have changes brought before the Council. He stated that the Council could provide general direction and have staff follow through. Council Member King questioned the verbiage to assure that Council requests were added to the plans. Mr. Rohloff stated that number one would be reworded to include Councils' requests and bike racks would be included. Mr. Kinney stated that the City would work with the developer as to what a reasonable number would be for bike racks per size of the buildings. Mr. Rohloff suggested that there be ten spaces for bikes per building depending upon the size of the building. Council Member Poeschl stated that bike racks should be consistent with each building. Council Member King suggested that the final landscape plans include bike rack placement to be approved by the Department of Community Development prior to permit issuance. Mayor Esslinger stated that he would not support the amendment because this was a million dollar development and the point had been made that bike racks should be included in the landscape plans. Council Member Poeschl stated that it was imperative since the public was offering bids and requests for projects that were intergraded by Council. He explained it was the Council's responsibility to the citizens to promote sustainable alternatives. The Council took a five minute break at 9:14 pm. Resolution 09 -299 Approval of Combination "Class B" Licenses A) Comfort Suites B) Joe's Dry Dock C) Glass Nickel Pizza D) Speak Easy Spirits and Martini Bar E) McKnight and Carlson Wines F) Salon Made & DaydFeaFns Spa MOTION: ADOPT (Palmeri; second, Poeschl) 19 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 MOTION: WITHHOLD ISSUING 1 LICENSE UP TO 6 MONTHS (Tower; second, Palmeri) LOST: Ayes (3) King, Tower, Buchholz; Noes (4) Poeschl, McHugh, Palmeri, Mayor Esslinger MOTION: ISSUE LICENSE TO MCKNIGHT & CARLSON (Esslinger; second, Palmeri) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Pameri, Mayor Esslinger MOTION: ISSUE LICENSE TO SPEAK EASY (Esslinger; second, McHugh) LOST: Ayes (2) McHugh, Esslinger; Noes (5) King, Poeschl, Tower, Buchholz, Palmeri MOTION: ISSUE LICENSE TO COMFORT SUITES (King; second, Palmeri) LOST: Ayes (3) King, Tower, Palmeri; Noes (4) Poeschl, McHugh, Buchholz, Mayor Esslinger MOTION: ISSUE LICENSE TO JOE'S DRY DOCK (Poeschl; second, McHugh) CARRIED: Ayes (5) Poeschl, McHugh, Buchholz, Palmeri, Mayor Esslinger; Noes (2) King, Tower Joe Berger, 910 Cozy Lane, owner of Joe's Dry Dock on Harrison explained that he was not a bait shop but a tavern with a restaurant license. He stated that he has had a building for two years and was waiting for a liquor license. Ann Doemel, 455 Zarling Avenue, owner of the Glass Nickel Pizza stated that they strived to serve and support local business and worked hard. She stated that it would be a great opportunity in the new building to have a full service bar. Art Dumke, 2020 Menominee Drive, explained that there was a liquor license for the development of Marion Road. He stated that it would be helpful to have this liquor license until they could resolve the issues with the Marion Road / Convention Center license. Jim Robl, 1631 Maricopa Drive, explained that Fox River Development Company was applying for a liquor license for 404 North Main, the First National building. He explained that with the filming of "Public Enemies" the building had generated a vast amount of interest and he believed that the City would benefit from the publicity if promoted properly. He stated that the building would be an excellent venue for a martini bar to bring citizens and tourists to the downtown area. He explained that there would be a 1920's and 1930's theme throughout the atrium and in the bar. He stated that the atrium could also be a venue for weddings or banquets. He stated that there was over 15,000 square feet of office space and this would bring businesses to the downtown area. Council Member King questioned who would run the tavern. 20 PROCEEDINGS OF THE COMMON COUNCIL - .JULY 28, 2009 Mr. Robl stated that he had two different business groups come forward with interest in managing or partnering with them. Council Member King questioned the number of employees. Mr. Robl stated that the business would employ a dozen employees. Council Member King questioned the hours of operation and if those times would conflict with the current tenants. Mr. Robl stated that there would be no conflict since after 5 pm the building had no occupants. He stated that they would cater to the business crowd during the week with the hours of operation from 4 pm to midnight or bar close, six days a week. Council Member King questioned the security for build outs. Mr. Robl stated that the building locks itself and the timing mechanisms would be changed with automatic locks on other doors. Deputy Mayor Palmeri questioned if the license was not granted tonight would the project continue. Mr. Robl stated that the project would move forward due to the positive feed back he had received from the public. Jim Grine, 1229 Merritt Avenue, one of the owners of the McKnight & Carlson spoke on behalf of John Carlson. He explained that McKnight & Carlson would bring a full service wine bar and cafe to 448 North Main Street. He stated that they were committed and were ready last year and has moved to a shop that offers great retail and front space. He explained that the business would increase the current five employees to fifteen. He stated that there was ample parking with easy access; plans to open in October and would accommodate 60 patrons. He stated that McKnight & Carlson had an established business record and had been in operation for in Oshkosh for 15 years and in Appleton for 5 years. Mayor Esslinger questioned the high end wine bar. Mr. Grine stated that they would serve mixed drinks along with wine. Council Member Tower questioned if wine could be served with food without the issuance of this type of license. Mr. Rohloff stated that for their proposal they needed a "Class B" license. Ms. Ubrig stated that they could obtain a "Class C' license and serve wine. Mr. Grine stated that they have a "Class A" license that allowed them to sell retail. He explained that they could not obtain two licenses for the same address. 21 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Bill Thimke, 2135 West Black Wolf Avenue, stated that he supported McKnight & Carlson due to their unique situation. He stated that they could have moved their business out of the central business district but had chosen to stay and support the downtown. Deb Allison Aasby, 1824 Mitchell Street, stated that she would like to speak on behalf of McKnight & Carlson and urged the Council to grant the license to them. She stated that she was a vendor and a patron of their business and they were an asset to the downtown. Wendy Hielsberg, Executive Director of the Oshkosh Convention & Visitor's Bureau (OCVB), 3365 Nelson Road, urged the Council to hold a liquor license to avoid conflicts with the license for the Convention Center. She stated that a caterer could not transfer their liquor license from their business to the Convention Center to sell alcohol and the Convention Center did not qualify for the state quota restaurant license. She explained that the Marion Road project was on hold and the Convention Center was near completion and in order to hold events a liquor license was needed. She stated that Council had agreed to move the available liquor license that was held for the Marion Road project to the Convention Center temporarily. She stated that the Supple Group holds the license and does the catering at the Center. She explained that the license the Convention Center had previously was connected with the hotel and when the hotel went bankrupt the license stayed with the hotel. She explained that the terms of the agreement were once the contract was terminated between the OCVB and the City; and the details were worked out with the City Center (hotel) the liquor license would go back to the Marion Road project. Council Member Poeschl questioned if there was a creative way the Convention Center would qualify for the state license. Mrs. Hielsberg stated that they did not qualify for the state license due to not having a full service restaurant. Council Member Poeschl questioned if there was an option fora restaurant to take over serving the food and beverage. Mrs. Hielsberg stated that it would not be an option. Ms. Lorenson explained that the state quota for a license required the restaurant to be full service and seat 300. She stated that the Convention Center did not meet the criteria because it was not a full service restaurant. She explained that if someone took over, their license would need to be transferred from their restaurant to the Convention Center. Mr. Rohloff explained that the City Center (hotel) would qualify for the non quota license and then could transfer the City Center license to the Convention Center. Council Member King questioned the renewal date for the City Center license. Ms. Lorenson stated that the license renewal was June 30 and was issued for one year. Council Member McHugh questioned if the hotel and Supple license were the same. 22 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Ms. Lorenson stated that they were two separate licenses. Mr. Rohloff explained that the hotel holds a license. Council Member McHugh questioned if the Supple license could be recovered by Council. Ms. Lorenson stated that there was a condition placed on the license that the license return to Marion Road area when the Convention Center had a new operator. Deputy Mayor Palmeri questioned the City Manager's opinion regarding holding a license. Mr. Rohloff suggested Council designate a number one and number two license holders. He also suggested to isolate one for the Convention Center and then when available grant it to the number two holder. Deputy Mayor Palmeri agreed that Council should designate two businesses for the license. Mr. Rohloff stated that was correct and if successful in working with the City Center then the license would be granted to the number two business. Council Member King clarified that the Marion Road license would be revisited next June if all the licenses fell into place. She questioned if the restriction on the license could be removed by Council. Ms. Lorenson stated that the restriction could be removed and the license would remain with the Supples. Council Member King questioned how soon the Supples would have to identify premises for the license if they no longer operated the Convention Center. Ms. Lorenson explained that they would have to identify premises as soon as they were no longer operating the Convention Center. Council Member King stated that with the restriction the only premises that would qualify would be the Marion Road. Mr. Rohloff stated that the option was to award both licenses this evening and work with the City Center (hotel) and assign that license to the Convention Center. He explained that the Convention Center would not survive without a liquor license. Council Member Buchholz stated that a "Class B" license could not be issued temporarily, that it had to be issued for one year. Mr. Rohloff stated that there was not a provision of a temporary license issued. Ms. Lorenson explained that the request was to hold one license open and issue it at a later date. 23 PROCEEDINGS OF THE COMMON COUNCIL - JuLy 28, 2009 Mayor Esslinger stated that he would not support holding a license. He stated that the restriction on the Supple license stated that it had to be riverfront activity with the hotel and if there would not be a hotel, the license would stay with the Convention Center. He stated that the Supples had stated that they would give the license back to the City if there was no activity with a hotel on the riverfront. He stated that he did not want to hold a license while there were businesses ready to use a license. Council Member Tower stated that the Convention Center was owned by the City and the City failed at keeping it up. He explained that the plan was that the hotel would sell and have the Convention Center to feed off of and that did not happen. He explained that the problem was that the owners of the hotel may not wish to run the Convention Center. He stated that the City and CVB had concerns that the Convention Center operate a first class establishment. He sated that if that did not take place the City would take over management of the Convention Center, which would require an RFP and a liquor license was needed. He stated that he would support the request to hold a license for six months because as representatives of the City they needed to protect their investment. Council Member McHugh stated that some of the businesses had waited years for a liquor license and to hold a license affected those businesses financially. He stated that he would not support holding a license. Council Member King explained that she was hesitant with her choice due to the unknown options regarding the license held by the Supples. Deputy Mayor Palmeri questioned what the Convention Center would do if there were no available licenses. Mr. Rohloff stated that the Convention Center would continue to pursue City Center to swap for a non -quota license. He explained that another option was to request that Supples transfer their license to the Convention Center. Deputy Mayor Palmeri stated that a decision to hold or not to hold a license needed to be settled. He stated that his preference was to award two licenses and not hold one. Council Member Tower reminded Council that the OCVB did not own the Convention Center; the City owned it. He explained that holding a license protected the City's investment and he urged Council to hold one license for six months. Council Member King stated that she would support that motion with a shorter time frame than six months. Council Member McHugh stated that the matter could be longer than six months to resolve and questioned what would happen. Mayor Esslinger questioned how the Council could hold a license for an establishment that currently held one while there were other businesses requesting a license. 0 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Council Member King questioned if it was possible to redirect the license the Supples held to the Convention Center at the time of renewal. Ms. Lorenson stated that there needed to be grounds for non - renewal of a license. Council Member King explained that it was the duty of the Council to ensure a license to the Convention Center. Mayor Esslinger requested Council Members to announce their two choices for the licenses. Council Member King questioned if the Dumkes had conversation with the Supples regarding the liquor license that they held. Art Dumke stated that there has been no conversation with the Supples. Deputy Mayor Palmeri explained that his choice were for those establishments that were ready to open and use the license. He stated that his choices included McKnight & Carlson as the first choice and Comfort Suites as his second. Council Member Tower stated that his choices were Comfort Suites and then McKnight & Carlson. Council Member Poeschl stated that his choices were McKnight & Carlson and Joe's Dry Dock. Council Member McHugh stated that his choices were McKnight & Carlson and then Speak Easy. Council Member King stated that her choices were McKnight & Carlson and Speak Easy. Council Member Buchholz stated that his choices were Joe's Dry Dock and McKnight & Carlson. Mayor Esslinger stated that his choices were McKnight & Carlson and then Speak Easy. He explained that it was unanimous that McKnight & Carlson would be granted a license. Deputy Mayor Palmeri questioned when Speak Easy Spirits would open to use of the license. Mayor Esslinger stated that once awarded that license construction would begin within a couple of months. Deputy Mayor Palmeri agreed that it was an exciting project; however it was not ready for use. He questioned why Council Members thought Robl's should supersede the other applicants. Mayor Esslinger stated that it was a way for downtown businesses to generate revenue and there was a revitalization program happening in the 400 block. Council Member McHugh stated that it was essential for the boost of the downtown. 25 PROCEEDINGS OF THE COMMON COUNCIL - JULY 28, 2009 Council Member Buchholz stated that each applicant deserved a license. He explained that he would not support Speak Easy Spirits to receive the license as Joe's Dry Dock had been waiting several years. Council Member Tower explained that there were applicants that had been established and ready for use of a license. He stated that it was important for receptions at Comfort Suites to have a license; therefore, he would not support Speak Easy. Council Member Poeschl stated that he would not support Speak Easy due to the fact that it was not a functioning establishment. He urged the Council to issue the license to Joe's Dry Dock. Council Member King stated that if the license was not awarded to Easy Spirits her next choice was Comfort Suites. Mr. Rohloff suggested narrowing the vote down. Deputy Mayor Palmeri stated that he would support Comfort Suites. Mayor Esslinger questioned how Comfort Suites would have an impact on the City. Deputy Mayor Palmeri explained that it was based on the proposal from Comfort Suites as it was a full service hotel and the license would allow them to hold more events. Mayor Esslinger stated that he would not support the issuance of a license to Comfort Suites as there would have no financial impact to the City. Council Member Buchholz stated that he supported the license to Joe's Dry Dock. Council Member Poeschl stated that he would support the license to Joe's Dry Dock. Council Member King stated that the license was important to Comfort Suites in order to hold larger events. Council Member Tower stated that there was a need for a full service hotel to succeed and he would support that the license be granted to Comfort Suites. Council Member McHugh questioned why there was not a representative from Comfort Suites at the meeting. Mr. Rohloff stated that there was no communication; his thoughts were that they may have been busy with EAA. Deputy Mayor Palmeri stated that he would support awarding the license to Joe's Dry Dock. 0 PROCEEDINGS OF THE COMMON COUNCIL - .JULY 28, 2009 Resolution 09 -300 Approval of Combination "Class B" License / City Center Hotel MOTION: ADOPT (Poeschl; second, Palmeri) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger CITIZEN STATEMENTS Mike Newell, 1780 Buehring Road, stated that the Westside arterial had four alternatives. He stated that few properties would be affected on James Road and that County Road FF had right of ways established. He urged Council to consider the Westside arterial with as much consideration as they used when awarding liquor licenses. Steve Barney, 1335 Summit Avenue, stated that he was disappointed that questions regarding Energy Star were not pursued sufficiently. He explained that Energy Star buildings were more energy efficient than 75% of similar buildings in the Country. He urged Council Members to review energy.gov website regarding commercial buildings. He explained that the building sector had the potential to change 30% of GHG emissions and a net negative life cycle cost by 2020. He read a report on mitigation and buildings. COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff stated that staff had been working on the Sawyer Creek study for the storm water utility and there would be a workshop on September 1 st. He stated that it would be appropriate for the Council to have an informational meeting and then open it to the public. Mayor Esslinger announced that the Mayor's Breakfast was July 31 at the Leach Amphitheatre from 6 am to 10 am. He stated that there was a meeting with the DNR regarding the Urban Wildlife Committee and the DNR would gather information regarding the mechanisms to create a committee. Mr. Rohloff stated that there were resources available from the state and that Brian Woodberry from DNR would be the contact person regarding the Urban Wildlife Committee. CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff stated that the second quarter financial report included six months of data and that the City was on target. He stated that there was anticipation for additional salt cost; however, fuel costs were down. He explained that there needed to be storm sewer modeling for the 2010 street reconstruction projects and that A AECOM would be assisting. He announced that at the August 25 meeting there would be a representative to speak on a Passenger Rail at 5:15 pm prior to the Council Meeting. Council Member Poeschl requested an update on the special events policy. ftA PROCEEDINGS OF THE COMMON COUNCIL - JuLY 28, 2009 Mr. Rohloff stated that he had a draft copy of the special events policy and it would come before Council soon. MOTION: ADJOURN (Palmeri; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 11:26 p.m. PAMELA R. UBRIG CITY CLERK W