EAU CLAIRE CITY COUNCIL AGENDA MATERIALS. Tuesday, September 23, 2014

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1 EAU CLAIRE CITY COUNCIL AGENDA MATERIALS Tuesday, September 23,

2 EAU CLAIRE CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 23, 2014 CITY HALL COUNCIL CHAMBER PLEDGE OF ALLEGIANCE AND ROLL CALL 4:00 P.M. CONSENT AGENDA The following matters may be acted upon by the City Council utilizing a single vote. Individual items, which any member wishes to address in greater detail or as a separate item on the regular agenda, may be removed from the Consent Agenda upon the request of any Council Member. CONSENT RESOLUTION 1. Resolution adopting the Consent Agenda. (Page 9) COMMENDATIONS AND PROCLAMATIONS 2. Consideration of Commendations and Proclamations and Recognitions. (Page 10) MINUTES 3. Resolution approving Minutes of Regular Meeting of September 9, (Page 12) LICENSES 4. Resolution granting new bartender licenses. (Page 18) 5. Resolution granting a Temporary Class B Fermented Malt Beverage license to St. Olaf Parish, Felix Tigoy, Pastor, for October 3, November 7, and December 5, 2014, from 3:00 p.m. to 9:00 p.m., at 3220 Monroe St., for Fish Fry Dinners. (Page 19) 6. Resolution granting a Temporary Class B Fermented Malt Beverage and Temporary Class B Wine license to Eau Claire Chamber Education Foundation, Mark Faanes, president, on October 21, 2014, at Eau Claire Indoor Sports Center at 3456 Craig Rd. for the Business Expo & Job Fair event. (Page 20) 7. Resolution granting a Temporary Class B Fermented Malt Beverage license to Sacred Heart of Jesus-St. Patrick Parish, Rev. George Thayilkuzhithottu, president, on November 2, 2014, in the basement tunnel room, 418 N. Dewey Street for a Sacred Heart/St. Patrick s Holiday Bazaar. (Page 21) CITY OF EAU CLAIRE MISSION STATEMENT IT IS OUR MISSION TO PROVIDE FOR THE COMMON GOOD AND DELIVER SERVICES ESSENTIAL FOR A SAFE, SUSTAINABLE, AND ENGAGED COMMUNITY. 2

3 8. Resolution granting a temporary expansion of the Combination Class B Intoxicating Liquor & Fermented Malt Beverage licensed premise of Eau Claire Fire House, d/b/a The Fire House, 202 Gibson St., to include a fenced in area for a Wisctoberfest event, on October 4, (Page 22) 9. Resolution granting the renewal of the six-month Class B Fermented Malt Beverage license of Eau Claire Curling, Inc., d/b/a Eau Claire Curling Club, 5530 Fairview Drive, Richard A. Devriend, agent. (Page 23) 10. Resolution granting Change of Agent for the six-month Class B Fermented Malt Beverage license of the Eau Claire Curling, Inc., d/b/a Eau Claire Curling Club, 5530 Fairview Drive, from Richard A. Devriend, to John Bast IV. (Page 24) ANNEXATION PETITION 11. Resolution referring to the Plan Commission for study and report on the petition from property owners for direct annexation for that part of Lots 17, 19, and 21 of Block 7 of Replat of Kohlhepp s First Addition and the north half of Kohlhepp Road adjacent to said Lots, all located in the NW ¼ - NE ¼, of Section 14, T27N, R10W, Town of Union, Eau Claire County, as shown on Planning Drawing No A (Stanley petition), located on the north side of Kohlhepp Road. (Page 25) CLAIM 12. Resolution disallowing the claim of the claim of Kimberly A. Herman for bodily injury arising out of a March 9, 2014, trip and fall at Hobbs Ice Arena. (Page 27) BIDS AND PROPOSALS 13. Resolutions approving the following bids and proposals: Procurement No , Demolition of Various Buildings. (Page 29) Procurement No , Purchase of Water Meter Test Benches. (Page 31) CITY OF EAU CLAIRE MISSION STATEMENT IT IS OUR MISSION TO PROVIDE FOR THE COMMON GOOD AND DELIVER SERVICES ESSENTIAL FOR A SAFE, SUSTAINABLE, AND ENGAGED COMMUNITY. 3

4 BUSINESS AGENDA LICENSING 14. Resolution granting a Combination Class B Intoxicating Liquor & Fermented Malt Beverage to Longform LLC, d/b/a Longform LLC, 516 Galloway St., Ben Richgruber, agent. (Doug Hoffer) (Page 34) 15. Resolution granting a Combination Class B Intoxicating Liquor & Fermented Malt Beverage to Castro Corporation, d/b/a El Patio/Burrito-Xpress, 408 Water St., Alejandro Castro, agent. (Doug Hoffer) (Page 44) GRANT 16. Resolution approving and appropriating a $10,000 State Energy Grant for an LED Retrofit at Central Maintenance Complex. (Because this item amends the budget, a 2/3 vote of the elected members, or eight affirmative votes is required for adoption.) (Ned Noel) (Page 51) ELECTION WARD 17. Resolution creating a new election ward within the City of Eau Claire. (Donna Austad) (Page 54) PROPERTY TRANSACTIONS 18. Resolution authorizing the acquisition of 97 West Madison Street, which is presently owned by Charlson s Manufacturing Company. (Phil Fieber) (Page 57) 19. Resolution approving a Certified Survey Map for the dedication of property from Gateway Industrial Park Corporation for the extension of Venture Drive and storm water facilities. (David Solberg) (Page 67) STREET VACATION 20. Resolution vacating Heimstead Road, from Warden Street to feet west. (David Solberg) (Page 74) CITY OF EAU CLAIRE MISSION STATEMENT IT IS OUR MISSION TO PROVIDE FOR THE COMMON GOOD AND DELIVER SERVICES ESSENTIAL FOR A SAFE, SUSTAINABLE, AND ENGAGED COMMUNITY. 4

5 CHIPPEWA RIVER OVERLOOK & TRAIL 21. Resolution approving an agreement with the Water Street Business Improvement District and approving Procurement No , Construction of Fifth Avenue River Overlook Deck and Trail. (Because this item amends the budget, a 2/3 vote of the elected members, or eight affirmative votes is required for adoption.) (Phil Fieber) (Page 77) DOWNTOWN PARKING STRUCTURE 22. Resolution authorizing BWBR to proceed with the development of construction bidding documents and solicitation of bids for the construction of the North Barstow Parking Ramp. (David Solberg) (Page 89) PHOENIX COMMONS 23. Resolution approving Procurement No , TIF #8 Phoenix Commons. (Phil Fieber) (Page 91) CITY OF EAU CLAIRE MISSION STATEMENT IT IS OUR MISSION TO PROVIDE FOR THE COMMON GOOD AND DELIVER SERVICES ESSENTIAL FOR A SAFE, SUSTAINABLE, AND ENGAGED COMMUNITY.

6 ORDINANCES FOR ACTION ZONING 24. Ordinance rezoning property at 103, 117, and 123 Roosevelt Avenue from R-1 to P-Public for the existing homes to be used for university housing as shown on Planning File #Z (This item was postponed by the City Council at its May 13, 2014 meeting.) (Darryl Tufte) (Page 96) PARKING 25. Ordinance amending Table XII of the City Code of Ordinances, entitled "Parking, Stopping and Standing Prohibited," by changing the parking on Locust Lane adjacent to Locust Lane School. (Leah Ness) (Page 100) ORDINANCES FOR INTRODUCTION ANNEXATION 26. Ordinance in accordance with Section Wisconsin Statutes, annexing to the City of Eau Claire and particularly to the 14 th Assessment Ward, 5 th Aldermanic District, that part of Lots 17, 19, and 21 of Block 7 of Replat of Kohlhepp s First Addition and the north half of Kohlhepp Road adjacent to said lots, all located in the NW ¼ - NE ¼, of Section 14, T27N, R10W, Town of Union, Eau Claire County, as shown on Planning Drawing No A (Stanley petition), located on the north side of Kohlhepp Road. (Annexation ordinances require a two-thirds (2/3) vote of the elected members of the governing body, in accordance with Wisconsin Statutes (8). Therefore, eight (8) affirmative votes are required of the eleven (11) elected Council members for adoption of an annexation ordinance.) (Darryl Tufte) (Page 103) ZONING 27. Ordinance rezoning property at 1010 Folsom Street, from C-2 to R-1, as shown on Planning File #Z (Darryl Tufte) (Page 107) CITY OF EAU CLAIRE MISSION STATEMENT IT IS OUR MISSION TO PROVIDE FOR THE COMMON GOOD AND DELIVER SERVICES ESSENTIAL FOR A SAFE, SUSTAINABLE, AND ENGAGED COMMUNITY.

7 ANNOUNCEMENTS AND DIRECTIVES Announcements by the City Manager and Directives by the City Council. ADJOURNMENT The next City Council Legislative Meeting is scheduled to be held at 4 p.m. on October 14, NOTICE TO CITIZENS Due to requirements contained in the Wisconsin Open Meetings Law, only those matters placed on this agenda may be considered by the City Council at this meeting. If any member of the public desires that the City Council consider a matter not included on this agenda, he or she should contact a City Council Member or the City Manager to have the matter considered for placement on a future City Council agenda. CITY OF EAU CLAIRE MISSION STATEMENT IT IS OUR MISSION TO PROVIDE FOR THE COMMON GOOD AND DELIVER SERVICES ESSENTIAL FOR A SAFE, SUSTAINABLE, AND ENGAGED COMMUNITY. 7

8 CONSENT AGENDA 8

9 RESOLUTION RESOLUTION ADOPTING THE CONSENT AGENDA. WHEREAS, all items on the consent agenda of this City Council meeting have been introduced and are properly before the City Council at this time; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eau Claire: That the City Council hereby adopts the attached consent agenda for selected items of routine business on September 23, Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 9

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12 RESOLUTION RESOLUTION APPROVING MINUTES OF THE CITY COUNCIL MEETING. BE IT RESOLVED that the City Council of the City of Eau Claire does hereby approve the minutes of the September 9,2014 City Council Legislative Session. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 12

13 MINUTES EAU CLAIRE CITY COUNCIL LEGISLATIVE MEETING City Council Chamber Tuesday, September 9, 2014 PLEDGE OF ALLEGIANCE AND ROLL CALL 4:00 p.m. Council President Kincaid called the meeting to order. The following members were present: Council Members David Duax, Catherine Emmanuelle, Kerry Kincaid, David Klinkhammer, Eric Larsen, Monica Lewis, Kathy Mitchell, David Strobel, Bob Von Haden, Andrew Werthmann, and Michael Xiong. CONSENT AGENDA The Council considered a resolution adopting the Consent Agenda for the following items of routine business on Tuesday, September 9, 2014: Approving Minutes of Regular Meeting of August 26, Granting bartender licenses. Granting a Temporary Class B Fermented Malt Beverage license to Chippewa Valley Roller Girls, LTD, Kimm Schroeder, president, for October 4, 2014 at 3456 Craig Road, for Chippewa Valley Roller Girls Home Bout. Authorizing Memorial High School to conduct the Memorial High Homecoming Parade on October 3, 2014 along city streets and sidewalks. Authorizing the Brain Injury Alliance of Wisconsin to conduct the Walk for Thought on October 4, 2014 at Phoenix Park and on city trails and sidewalks. Thereupon a motion was offered by Council Member Lewis and seconded by Council Member Klinkhammer to adopt the consent resolution. Said motion passed by unanimous vote. CERTIFICATE OF APPRECIATION Council President Kincaid, on behalf of the City Council, presented a Certificate of Appreciation to the members of Team Claire Mni who placed second in the 2014 World Kubb Competition in Sweden. Team Claire Mni is the first team made up completely of American members to compete in the World Competition. SPECIAL EVENTS The Council considered a resolution authorizing the Eau Claire Skaters Association to conduct the Eau Claire Skaters Association Contest/Fundraiser on September 13, 2014 at Lakeshore Park Skate Plaza. Thereupon a motion was offered by Council Member Duax and seconded by Council Member Xiong to adopt the resolution. Said motion passed by unanimous vote. The City Council considered a resolution authorizing Group Health Cooperative to conduct the Haunted Hustle on October 25, 2014 in Owen Park and on city trails and sidewalks. Thereupon a motion was offered by Council Member Strobel and seconded by Council Member Werthmann to adopt the resolution. Said motion passed by unanimous vote. 13

14 City Council Minutes September 9, 2014 Page 2 of 5 The Council considered a resolution authorizing Family Support Center, Bolton Refuge House and UW-EC Women s and LGBTQ Resource Center to conduct Walk a Mile on October 26, 2014 in Carson Park and on city trails. Thereupon a motion was offered by Council Member Mitchell and seconded by Council Member Larsen to adopt the resolution. Said motion passed by unanimous vote. The City Council considered a resolution authorizing the Community Parks Association to conduct the Clearwater Winter Parade and Celebration on December 20, 2014 at Hobbs Ice Center and along city streets and sidewalks. Thereupon a motion was offered by Council Member Von Haden and seconded by Council Member Emmanuelle to adopt the resolution. Said motion passed by unanimous vote. GRANTS The City Council considered a resolution approving and appropriating a 2014 Bulletproof Vest Program Grant from the Office of Justice Programs, Bureau of Justice Assistance. Thereupon a motion was offered by Council Member Lewis and seconded by Council Member Klinkhammer to adopt the resolution. Said motion passed by unanimous vote. The Council considered a resolution approving and appropriating an Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program Funds from the US Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. Thereupon a motion was offered by Council Member Duax and seconded by Council Member Xiong to adopt the resolution. Said motion passed by unanimous vote. APPOINTMENTS The Council considered a resolution approving the following appointments to various Boards, Committees and Commissions. Transit Commission Rebecca Jewell new appointment as UWEC Student Representative for one-year term to expire August 31, 2015 Waterways and Parks Commission Allyson Gommer new appointment to fill unexpired term to expire December 31, 2016 Thereupon a motion was offered by Council Member Mitchell and seconded by Council Member Emmanuelle to adopt the resolution. Said motion passed by unanimous vote. Council Member Von Haden left the Council Chamber. NEIGHBORHOOD PLAN UPDATE The City Council considered a resolution adopting the update of the Historic Randall Park Neighborhood Plan as part of the Comprehensive Plan. Thereupon a motion was offered by Council Member Strobel and seconded by Council Member Werthmann to adopt the resolution. Said motion passed by unanimous vote. 14

15 Council Member Von Haden returned to the Council Chamber. City Council Minutes September 9, 2014 Page 3 of 5 STREET VACATION The Council considered a resolution vacating Delbert Road, Anderson Drive to N. Hastings Way. Thereupon a motion was offered by Council Member Mitchell and seconded by Council Member Larsen to adopt the resolution. Said motion passed by unanimous vote. FINANCIAL POLICIES The City Council considered a resolution approving amendments to the Fund Balance Policy for the City of Eau Claire. Thereupon a motion was offered by Council Member Von Haden and seconded by Council Member Emmanuelle to adopt the resolution. Said motion passed by unanimous vote. The Council considered a resolution approving amendments to the Debt Policy for the City of Eau Claire. Thereupon a motion was offered by Council Member Lewis and seconded by Council Member Klinkhammer to adopt the resolution. Thereupon a motion was offered by Council Member Mitchell and seconded by Council Member Lewis to amend the resolution under the heading Debt Limitations, Paragraph A, change 3.5 percent to 3 percent and change 70% to 60% to read Although State Statutes allow 5 percent of the equalized valuation, the City has set an internal debt goal, which seeks to remain below 3 percent (60% of the maximum amount allowed by the State Statutes.). Said motion to amend was approved by a unanimous voice vote. The Council then voted on the resolution as amended. Said resolution was adopted by unanimous vote. TID #8 PLAN AMENDMENTS The City Council considered a resolution approving amendments to the Project Plan to provide additional infrastructure improvements and to expand the boundaries making findings for Tax Incremental District No. 8. Thereupon a motion was offered by Council Member Duax and seconded by Council Member Xiong to adopt the resolution. Said motion passed by the following vote: Aye: Council Members Duax, Emmanuelle, Kincaid, Klinkhammer, Larsen, Mitchell, Werthmann and Xiong. Nay: Council Members Lewis, Strobel and Von Haden. THE CONFLUENCE The Council considered a resolution supporting the creation of a non-profit entity to submit a non-state agency grant application, and own The Confluence Arts Center as part of a project located in Downtown Eau Claire. Thereupon a motion was offered by Council Member Werthmann and seconded by Council Member Mitchell to adopt the resolution. Thereupon a motion was offered by Council Member Duax and seconded by Council Member Von Haden to amend the final clause of the resolution as follows: Be It Further Resolved, that the City will accept an invitation to become a member appoint City representative(s) to serve on the board of directors of this new entity corporation, subject to future acceptance by the City through its city council, of articles of incorporation, by-laws, and such additional ownership governance, 15

16 City Council Minutes September 9, 2014 Page 4 of 5 liability, and operational agreements as the city determines are necessary. Said motion to amend passed by the following vote: Aye: Council Members Duax, Emmanuelle, Kincaid, Klinkhammer, Larsen, Mitchell, Strobel, Von Haden, Werthmann and Xiong. Nay: Council Member Lewis. Thereupon a motion was offered by Council Member Lewis and seconded by Council Member Strobel to consider a substitute resolution. The Council discussed, and then voted on the motion to substitute. Said motion failed on the following vote: Aye: Council Members Lewis, Strobel and Von Haden. Nay: Council Members Duax, Emmanuelle, Kincaid, Klinkhammer, Larsen, Mitchell, Werthmann and Xiong. Thereupon a motion was offered by Council Member Von Haden and seconded by Council Member Strobel to amend said resolution by adding a Be It Further Resolved paragraph which would read: Be It Further Resolved, that no phase of The Confluence Project, as defined in the third whereas, will commence until the non-state agency grant for the project is approved. Said motion was removed from consideration because it was ruled not to be germane to the agenda item. Council discussion continued on the original motion. Thereupon a motion was offered by Council Member Strobel and seconded by Council Member Lewis to amend said resolution by adding a fourth Whereas paragraph to read The Confluence Project, is one project and the parts are dependent upon each other. Said motion was withdrawn by the mover and seconder. Thereupon a motion was offered by Council Member Lewis and seconded by Council Member Von Haden to amend said resolution by adding the word could to the ninth Whereas paragraph to read Governor Scott Walker has suggested that funding for The Confluence could be provided through a non-state agency grant. Said motion failed by the following vote: Aye: Council Members Duax, Lewis, Mitchell, Strobel and Von Haden. Nay: Council Member Emmanuelle, Kincaid, Klinkhammer, Larsen, Werthmann and Xiong. Thereupon a motion was offered by Council Member Lewis and seconded by Council Member Von Haden to amend said resolution by changing the word reaffirm to reaffirms in the tenth Whereas paragraph and deleting the words agrees to and changing the word support to supports in the Now, Therefore Be It Resolved paragraph. Said motion passed by unanimous voice vote. The council then voted on the resolution as amended. Said resolution was adopted by the following vote: Aye: Council Members Duax, Emmanuelle, Kincaid, Klinkhammer, Larsen, Lewis, Mitchell, Werthmann and Xiong. Nay: Council Members Strobel and Von Haden. PARKING The City Council had first reading on an ordinance amending Table XII of the City Code of Ordinances, entitled "Parking, Stopping and Standing Prohibited," by changing the parking on Locust Lane adjacent to Locust Lane School. ALDERMANIC DISTRICTS The City Council had first reading on a Charter Ordinance relating to the City Council and the reapportionment of the Aldermanic Districts of the city to incorporate recently created wards. 16

17 ADJOURNMENT City Council Minutes September 9, 2014 Page 5 of 5 A motion was offered by Council Member Lewis and seconded by Council Member Strobel that this meeting does now adjourn. Said motion passed without objection. Adjournment: September 9, 2014 Time: 7:44 p.m. ATTEST: Kerry J. S. Kincaid, President Donna A. Austad, City Clerk 17

18 RESOLUTION RESOLUTION GRANTING NEW BARTENDERS LICENSES. BE IT RESOLVED by the City Council of the City of Eau Claire, That the following named persons are hereby granted a license to draw, serve and sell fermented malt beverages and intoxicating liquors: Name Address NICHOLAS T. BLAKE TH ST CHIPPEWA FALLS, WI KYLE J. ENGELDAL 503 1/2 FOREST ST. EAU CLAIRE, WI JEFF M. GIESSEL 3303 EVERGREEN LANE EAU CLAIRE, WI ALEXANDRA L. MAPLES 3222 GARNER ST. EAU CLAIRE, WI LAURA J. ROBY 608 HEWITT ST. EAU CLAIRE, WI TAYLOR M. SCHEIN 702 W GRAND AVE. EAU CLAIRE, WI KARLIE L. STEIN 1051 IMPERIAL CIRCLE #10 EAU CLAIRE, WI Adopted, September 23, 2014 (SEAL) President Kerry J. S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 18

19 RESOLUTION RESOLUTION GRANTING A TEMPORARY CLASS B FERMENTED MALT BEVERAGE LICENSE. BE IT RESOLVED by the City Council of the City of Eau Claire, That the following application of St. Olaf Parish, Father Felix Tigoy, Pastor, for a Temporary Class B Fermented Malt Beverage license, for October 3, November 7, and December 5, 2014 from 3:00 p.m. to 9:00 p.m. at 3220 Monroe St., for beer consumption in the Parish Center, kitchen and dining room, for St. Olaf Fish Fry Dinners, is hereby granted on conditions that the licensee make adequate provision for the disposal of beverage containers in connection therewith and on further conditions that the licensee employ a responsible person for the purpose of maintaining order during the time beer is being served, and also, that a licensed bartender be on the premise during which time beer is being served. BE IT FURTHER RESOLVED that underage persons are authorized to be on the licensed premise during the time beer is being served. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 19

20 RESOLUTION RESOLUTION GRANTING A TEMPORARY CLASS B FERMENTED MALT BEVERAGE AND CLASS B WINE LICENSE. BE IT RESOLVED by the City Council of the City of Eau Claire, That the following application of Eau Claire Chamber Education Foundation, Mark Faanes, president, for a Temporary Class B Fermented Malt Beverage and Class B Wine license, for a 1-day period, namely, October 21, 2014, at the Eau Claire Indoor Sports Center, 3456 Craig Rd., for The Business Expo & Job Fair, is hereby granted on conditions that the licensee make adequate provision for the disposal of beverage containers in connection therewith and on further conditions that the licensee employ a responsible person for the purpose of maintaining order during 3:30 pm to 9:00 pm, VIP Reception, and also, that a licensed bartender be on the premise during which time beer and wine is being served. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 20

21 RESOLUTION RESOLUTION GRANTING A TEMPORARY CLASS B FERMENTED MALT BEVERAGE LICENSE. BE IT RESOLVED by the City Council of the City of Eau Claire, That the application of Sacred Heart of Jesus-St. Patrick Parish, Rev. George Thayilkuzhithottu, president, for a Temporary Class B Fermented Malt Beverage license, for a one day period, namely, November 2, 2014, in the basement tunnel room, 418 N. Dewey Street, from 8:00 am to 6:30 pm, for a Holiday Bazaar, is hereby granted on conditions that the licensee make adequate provision for the disposal of beverage containers in connection therewith and on further conditions that the licensee employ a responsible person for the purpose of maintaining order during the time beer is being served, and also, that a licensed bartender be on the premise during which time beer is being served. BE IT FURTHER RESOLVED that underage persons are authorized to be on the licensed premise during the time beer is being served. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 21

22 RESOLUTION RESOLUTION GRANTING TEMPORARY EXPANSION OF A COMBINATION CLASS B INTOXICATING LIQUOR & FERMENTED MALT BEVERAGE LICENSED PREMISE. BE IT RESOLVED by the City Council of the City of Eau Claire, That the Combination Class B Intoxicating Liquor & Fermented Malt Beverage license issued to Eau Claire Fire House LLC., d/b/a The Fire House, 202 Gibson St., be amended to temporarily expand the licensed premise for a Wisctoberfest event, to include a fenced area, for a 1-day period, namely, Saturday October 4, 2014, from 12 p.m. until 12 a.m. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 22

23 RESOLUTION RESOLUTION GRANTING THE RENEWAL OF A CLASS B FERMENTED MALT BEVERAGE LICENSE. BE IT RESOLVED by the City Council of the City of Eau Claire That the following named person and firm is hereby granted the renewal of a six month Class B Fermented Malt Beverage license: Eau Claire Curling, Inc. d/b/a Eau Claire Curling Club 5530 Fairview Drive Richard A. DeVriend, agent. Adopted September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 23

24 RESOLUTION RESOLUTION GRANTING APPOINTMENT OF AGENT OF A CLASS B FERMENTED MALT BEVERAGE LICENSE. BE IT RESOLVED by the City Council of the City of Eau Claire, that the application of a six-month Class B Fermented Malt Beverage license holder, Eau Claire Curling, Inc., d/b/a Eau Claire Curling Club, 5530 Fairview Dr., for changing the appointment of agent from Richard A. Devriend to John Bast IV be approved. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 24

25 RESOLUTION RESOLUTION REFERRING ANNEXATION #14-1A TO THE PLAN COMMISSION FOR STUDY AND REPORT. BE IT RESOLVED by the City Council of the City of Eau Claire: That the petition for direct annexation (#14-2A) of the following described property in the Town of Union to the City of Eau Claire, which petition was filed with the City Clerk on the 26 th day of August, 2014, is herewith received and referred to the Plan Commission for study and report: Lots 17, 19 and 21 of Block 7 of Replat of Kohlhepp s First Addition and the north half of Kohlhepp Road adjacent to said Lots, all located in the NW1/4- NE1/4 of Section 14, T27N, R10W, Town of Union, Eau Claire County, Wisconsin further described as follows: Commencing at the southeast corner of said NW1/4-NE1/4 of Section 14; thence west, along the south line of said NW1/4-NE1/4 to the east line of said Block 7 extended south, and the point of beginning; thence north along said east line of Block 7 and its extension to the northeast corner of said Lot 17 of Block 7; thence west along the north line of said Lot 17 to the northwest corner of said Lot 17; thence south along the west line of said Lots 17, 19, and 21 to the south line of the NW1/4-NE1/4 of said Section 14; thence east along said south line of the NW1/4- NE1/4 to the point of beginning. Adopted, September 23, 2014 (SEAL) President Kerry J. S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 25

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27 RESOLUTION RESOLUTION DISALLOWING THE CLAIM OF KIMBERLY A. HERMAN BE IT RESOLVED by the City Council of the City of Eau Claire: That the claim of Kimberly A. Herman for bodily injury arising out of an incident on March 9, 2014 is hereby disallowed, and the City Clerk is hereby directed to give notice thereof as required by law. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 27

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29 RESOLUTION RESOLUTION AWARDING A CONTRACT FOR PROCUREMENT NO , DEMOLITION OF FOUR RESIDENTIAL STRUCTURES. BE IT RESOLVED by the City Council of the City of Eau Claire: That based upon the recommendation of the Purchasing Manager, a copy of which is on file in the office of the City Clerk, award of a contract to No Mercy Excavating, LLC, of Chippewa Falls, Wisconsin, the work to be performed in accordance with Procurement No , Demolition of Four Residential Structures, is hereby authorized. The estimated consideration for the work to be performed under this contract is $31,390. Upon satisfactory completion and acceptance of the work performed under such contract the Comptroller is authorized to draw upon City funds in payment. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 29

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31 RESOLUTION RESOLUTION AWARDING A CONTRACT FOR PROCUREMENT NO , PURCHASE OF WATER METER TEST BENCHES. BE IT RESOLVED by the City Council of the City of Eau Claire: That based upon the recommendation of the Purchasing Manager, a copy of which is on file in the office of the City Clerk, award of a contract to HD Supply Waterworks, of Eden Prairie, Minnesota, the equipment to be furnished in accordance with Procurement No , Purchase of Water Meter Test Benches, is hereby authorized. The estimated consideration for the equipment to be furnished under this contract is $57,420. Upon satisfactory delivery and acceptance of the equipment furnished under such contract the Comptroller is authorized to draw upon City funds in payment. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 31

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34 Agenda Item #14 CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: Tuesday, September 23, 2014 Agenda Item: Resolution granting a Combination Class B Intoxicating Liquor & Fermented Malt Beverage license to Longform LLC., at the former Green Tree Inn location, 516 Galloway Street, Ben Richgruber, agent. COMMENTS Longform, LLC applied for a Combination Class B Intoxicating Liquor & Fermented Malt Beverage license for property at 516 Galloway Street for a boutique style hotel, restaurant and bar. This available license is a surrender of the license from J&R Smokin Ribs Inc. (Mike s Smoke House). The License Review Committee met on September 16, 2014 to consider this request. The Committee has no objection to the granting of this license. ACTION/ATTACHMENTS Action: Resolution. Attachments: Resolution. Application with attachments. License Review Committee Report. 34

35 RESOLUTION RESOLUTION GRANTING A COMBINATION CLASS B INTOXICATING LIQUOR & FERMENTED MALT BEVERAGE LICENSE. BE IT RESOLVED by the City Council of the City of Eau Claire, That the following named person and firm is hereby granted a Combination Class B Intoxicating Liquor & Fermented Malt Beverage license to Longform LLC, d/b/a Longform LLC, 516 Galloway St., Ben Richgruber, agent. BE IT FURTHER RESOLVED that the City Council is granting the license based upon the License Review Committee s Expectations of Licensee section in the Committee s report dated September 16, Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 35

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44 Agenda Item #15 CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: Tuesday, September 23, 2014 Agenda Item: Resolution granting a Combination Class B Intoxicating Liquor & Fermented Malt Beverage license to Castro Corporation, d/b/a El Patio/Burrito XPress, 408 Water Street, Alejandro Castro, agent. COMMENTS Castro Corporation has submitted an application for a Combination Class B Intoxicating Liquor & Fermented Malt Beverage license to allow his business to move from 228 Water Street to 408 Water Street. The License Review Committee met on September 16, 2014 to consider this request. The Committee has no objection to the granting of this license. ACTION/ATTACHMENTS Action: Resolution. Attachments: Resolution. Application with attachments. License Review Committee Report. 44

45 RESOLUTION RESOLUTION GRANTING A COMBINATION CLASS B INTOXICATING LIQUOR & FERMENTED MALT BEVERAGE AND CLASS A CABARET A LICENSE. BE IT RESOLVED by the City Council of the City of Eau Claire, That the following named person and firm is hereby granted a Combination Class B Intoxicating Liquor & Fermented Malt Beverage license and a Class A Cabaret license to Castro Corporation, d/b/a El Patio / Burrito-Xpress, 408 Water St., Alejandro G. Castro, agent. BE IT FURTHER RESOLVED that the City Council is granting the license based upon the License Review Committee s Expectations of Licensee section in the Committee s report dated September 16, Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 45

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51 Agenda Item #16 CITY COUNCIL AGENDA ITEM COVER SHEET Meeting Date: Tuesday, September 23rd, 2014 Agenda Item: Resolution approving and appropriating a $10,000 State Energy Grant from the Wisconsin State Energy Office Grant Acceptance in Implementing Clean Energy Investments SUMMARY / BACKGROUND On August 11 th, the City Council authorized staff applying for a State Energy Office grant for an exterior lighting project at the Central Maintenance Facilities. The project would replace outdated high pressure sodium (HPS), incandescent and metal halide lights with more energy efficient and longer-life lighting such as light-emitting diodes (LEDs). Staff asked for $10,000 and the State Energy Office notified the City we won on September 4 th. The grant money reduces the cost premiums of the LEDs and extends the ability to do more lighting at Central Maintenance. Total cost of the project is $32,895 and estimated life-cycle payback is approximately 5 years. Future annual kilowatt (KW) consumption is estimated to be 38.4% of current consumption, resulting in a 61.6% reduction in energy use. The grant dollars must be fully expended by June 30, It is anticipated work will be completed well before that date. Because this item amends the budget, a 2/3 vote of the elected members, or eight affirmative votes is required for adoption. ACTION / ATTACHMENTS Action: Resolution Attachments: Resolution Award Letter 51

52 RESOLUTION RESOLUTION TO ACCEPT A WISCONSIN STATE ENERGY OFFICE GRANT IN IMPLEMENTING CLEAN ENERGY INVESTMENTS WHEREAS, the Eau Claire City Council in November 2008 pledged to become a Wisconsin Energy Independent Community. This commitment seeks to generate 25% of the City s electricity and transportation fuels from renewable resources by 2025, to help the State capture 10% of the emerging bioindustry and renewable energy market by 2030, and to assist the State to lead the nation in groundbreaking research that will make renewable energy more affordable and will create good paying jobs; and WHEREAS, due to this commitment, the City of Eau Claire could apply for State dollars to implement energy efficiency projects that will be a benefit to municipal operations. The City sought funds to replace outdated exterior high pressure sodium (HPS), incandescent and metal halide lights with energy efficient and longer-life lighting, including light-emitting diodes (LEDs) at its Central Maintenance Facilities; and WHEREAS, the City was awarded a $10,000 grant by the State Energy Office. The State requires grant dollars to be fully expended by June 30, 2015 and the City is confident the project can be completed before that date. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eau Claire: that it approves acceptance of the grant award by the State Energy Office, and that the 2014 Program of Services is hereby amended and an appropriation of $10,000 is approved to be funded by the grant. Adopted, September 23, 2014 (SEAL) President Kerry J. S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 52

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54 Agenda Item # 17 CITY COUNCIL AGENDA ITEM COVER SHEET Meeting Date: Tuesday, September 23, 2014 Agenda Item: Resolution creating a new voting ward in the City of Eau Claire. SUMMARY / BACKGROUND City Council recently approved the Gumz annexation. This parcel lies in a different Assembly District than the adjacent city property. This results in the necessity to create a new voting ward. The attached resolution creates Ward 61 and assigns it to the applicable voting site. ACTION / ATTACHMENTS Action: Resolution Attachments: Resolution Map 54

55 RESOLUTION RESOLUTION CREATING A NEW ELECTION WARD WITHIN THE CITY OF EAU CLAIRE. WHEREAS, the State Legislature adopted 2011 Wisconsin Act 43 which established the boundaries of State Assembly and Senate districts; and WHEREAS, these boundaries cannot be modified until the next redistricting process in 2020, meaning property cannot change from one state legislative district to another during that ten-year period; and WHEREAS, said state legislative district lines follow much of the City boundary as it existed as of April 1, 2010, the date of the Census; and WHEREAS, lands recently annexed from the Town of Washington lay in the 93 rd Assembly District and the adjacent City property lies within the 91 st Assembly District, resulting in the need to create a new voting ward. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Eau Claire, does hereby adopt the Revised Voting Ward Plan pursuant to the provisions of Wisconsin Statutes s 5.15, which divides the City into wards consecutively numbered 1 through 61, with Ward 61 as shown on the attached map. The boundaries of each ward are described in the City of Eau Claire 2011 Metes and Bounds Description of Election Wards, Revised Plan, which is made a part of this resolution by reference. The Revised Plan is based on the Eau Claire and Chippewa County supervisory district plans and the State legislative and congressional plans. BE IT FURTHER RESOLVED, that the Council shall designate the following polling sites for the new wards: Ward 61 Cedarcreek Church, 3520 Eastwind Drive BE IT FURTHER RESOLVED, that the City Clerk shall transmit a copy of this resolution and attachments to the Eau Claire County Clerk and the Wisconsin Legislative Reference Bureau within 5 days after its adoption. Adopted September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 55

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57 Agenda Item #18 CITY COUNCIL AGENDA ITEM COVER SHEET Meeting Date: Tuesday, September 23, 2014 Agenda Item: Resolution authorizing the acquisition of 97 West Madison Street which is presently owned by Charlson s Manufacturing Company. SUMMARY / BACKGROUND The property at 97 West Madison Street is a 1.3 acre commercial property on the bank of the Chippewa River. The property has been appraised at $360,000. The City has received DNR Stewardship Grant funding in the amount of $180,705 towards the acquisition. This acquisition will provide additional green space along the Chippewa River and allow for an extension of the trail system and the creation of an underpass under the Madison Street Bridge. The City has negotiated a purchase price of $360,000 with the property owners. The property is being sold with no indemnification to the City. The City obtained a Phase I and Phase II of the property and have requested an liability clarification letter from the DNR. The Plan Commission recommended approval at its March 31, 2014 meeting. Parks and Waterways recommended approval at its March 26, 2014 meeting. ACTION / ATTACHMENTS Action: Resolution Attachments: Resolution Purchase Agreement Map 57

58 RESOLUTION RESOLUTION AUTHORIZING THE ACQUISITION 97 WEST MADISON STREET WHICH IS PRESENTLY OWNED BY CHARLSON S MAUFACTURING COMPANY. WHEREAS, on March 31, 2014 the Plan Commission recommended approval of the acquisition of this property; and WHEREAS, on March 26, 2014 the Parks and Waterways Commission recommended approval of the acquisition of this property; and WHEREAS, the City has received DNR Grant funding in the amount of $180,705 for the acquisition of this property; and WHEREAS, the property owners have accepted an offer of $360,000, based on appraised value. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eau Claire: That the City Council does hereby authorize the acquisition of the property located at 97 West Madison Street under the terms of the Purchase Agreement in substantially the form attached hereto and made a part of this resolution; and BE IT FURTHER RESOLVED that the City Manager and City Clerk and their designees are hereby authorized, on behalf of the City of Eau Claire, to execute all documents related to said acquisition of the property. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 58

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67 Agenda Item #19 CITY COUNCIL AGENDA ITEM COVER SHEET Meeting Date: Tuesday, September 23, 2014 Agenda Item: Resolution approving a Certified Survey Map for the dedication of property from Gateway Industrial Park Corporation for the extension of Venture Drive and storm water facilities. SUMMARY / BACKGROUND Street and utility work was scheduled for the summer and fall of 2014 on County Line Road and an extension of Venture Drive in the Gateway Northwest Business Park. The resolution will approve this Certified Survey Map transferring lands from the Gateway Northwest Business Park to the City for use as street right-of-way and use as a storm water facility. ACTION / ATTACHMENTS Action: Resolution Attachments: Resolution Certified Survey Map 67

68 RESOLUTION RESOLUTION APPROVING A CERTIFIED SURVEY MAP FOR THE DEDICATION OF PROPERTY FROM GATEWAY INDUSTRIAL PARK CORPORATION FOR THE EXTENSION OF VENTURE DRIVE AND STORM WATER FACILITIES. WHEREAS, Gateway Industrial Park Corporation has agreed to dedicate land for public right-of-way to extend Venture Drive from Fortune Drive to County Line Road, and WHEREAS, Gateway Industrial Park Corporation has agreed to dedicate a parcel of land for a storm water facility to serve development in that area. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Eau Claire, that the Certified Survey Map for the dedication of property from Gateway Industrial Park Corporation is hereby approved, in substantially the form as attached hereto and made a part hereof by reference. Adopted, September 23, 2014 (SEAL) President Kerry J. S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 68

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74 Agenda Item #20 Meeting Date: Tuesday, September 23, 2014 CITY COUNCIL AGENDA ITEM COVER SHEET Agenda Item: Resolution vacating Heimstead Road, from Warden Street to feet west. SUMMARY / BACKGROUND The City has received a request to vacate Heimstead Road, from Warden Street to feet west. The letter and petition from 5-E Development, LLC, requesting the vacation is attached. The right-of-way for this segment of Heimstead Road was dedicated to a width of 60 feet. The current use of this right-of-way is a street between two commercial parking lots. Public utilities exist within this right-of-way. Staff recommends retaining a utility easement if the right-of-way is to be vacated. The proposed street vacation would not negatively impact future utility and transportation needs of the City. The Plan Commission has reviewed the proposed right-of-way vacation and recommended approval. A public hearing was held on Monday, September 22, Staff recommends approval of the vacation contingent on an approved site plan. ACTION / ATTACHMENTS Action: Attachments: Resolution Resolution Map 74

75 RESOLUTION RESOLUTION VACATING A PORTION OF HEIMSTEAD ROAD, FROM WARDEN STREET TO FEET WEST. BE IT RESOLVED by the City Council of the City of Eau Claire: That since the public interest requires it, Heimstead Road, from Warden Street to feet west described as: That part of a 60 foot strip of land being part of Heimstead Road located in the SE1/4 of the SW1/4 of Section 13, T27N, R10W, lying west of and adjacent to the west right-of-way line of Warden Street, City of Eau Claire, Eau Claire County, Wisconsin, the centerline of said strip described as follows: Commencing at the NE corner of said SE1/4-SW1/4; thence N89 55 W, 33 feet more or less to the west right-of-way line of Warden Street; thence S00 08 W, along said west right-of-way line of Warden Street, to the centerline of Heimstead Road and the point of beginning; thence N89 55 W along said centerline of Heimstead Road, feet to the terminus of said centerline of Heimstead Road and there terminating; will hereby be vacated and discontinued subject, however, to the continuation of the easements and rights incidental thereto in any underground or overground structures, improvements, or services, and all rights of entrance, maintenance, construction, and repair of the same as provided by s (4) of the Wisconsin Statutes. A utility and public access easement are retained by the City, pursuant to s (2), Wis. Stats., to the full width of the right-of-way vacated hereby for the purpose of constructing, operating, and maintaining the existing City facilities in the right-of-way. Introduced: August 12, 2014 Adopted: September 23, 2014 (SEAL) President Kerry J. S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 75

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77 Agenda Item # 21 CITY COUNCIL AGENDA ITEM COVER SHEET Meeting Date: Tuesday, September 23, 2014 Agenda Item: Resolution approving an agreement with the Water Street Business Improvement District and awarding a contract for Procurement No , Construction of Fifth Avenue River Overlook Deck and Trail, and approving a related appropriation. SUMMARY / BACKGROUND The Water Street Business Improvement District (BID) desires to construct an access trail to the Chippewa River at the intersection of Fifth Avenue and Menomonie Street for access to and from the river. This project also includes construction of an overlook deck that will be constructed near the intersection. The BID desired the deck to be at the end of Fifth Avenue, however the location of a sanitary sewer pipe will require the deck to be located approximately 150 feet to the west on Menomonie Street. Funding for the deck and trail project, including engineering and design fees, will be paid by the Water Street BID. Maintenance of the structure will be shared by the BID and the City. An agreement outlining the project terms is included in the Council packet. Because this item amends the budget, a 2/3 vote of the elected members, or eight affirmative votes is required for adoption ACTION / ATTACHMENTS Action: Resolution Attachments: Resolution Recommendation Agreement Site Plan 77

78 RESOLUTION RESOLUTION APPROVING AN AGREEMENT WITH THE WATER STREET BUSINESS IMPROVEMENT DISTRICT AND AWARDING A CONTRACT FOR PROCUREMENT NO , CONSTRUCTION OF FIFTH AVENUE RIVER OVERLOOK DECK AND TRAIL, AND APPROVING A RELATED APPROPRIATION. WHEREAS, the Water Street Business Improvement District (BID) desires to construct an access trail to the Chippewa River at the intersection of Fifth Avenue and Menomonie Street for access to and from the river; and WHEREAS, the City and the BID have reached an agreement regarding the funding, construction and maintenance for the deck and trail project. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Eau Claire: that the City Manager and City Clerk are hereby authorized to enter into the attached agreement, substantially in the same form, with the Water Street Business Improvement District for the Fifth Avenue Overlook Deck and Trail Project; and BE IT FURTHER RESOLVED, That based upon the recommendation of the Purchasing Manager, a copy of which is on file in the office of the City Clerk, award of a contract to Pember Companies, Inc., of Menomonie, Wisconsin, for the trail part of the project only, to be performed in accordance with Procurement No , Construction of Fifth Avenue River Overlook Deck and Trail, is hereby authorized, contingent upon the receipt of sufficient funds from the Water Street Business Improvement District in the amount of $37,600. The estimated consideration for this portion of the work to be performed under this contract is $37,600. Upon satisfactory completion and acceptance of the work performed under such contract the Comptroller is authorized to draw upon City funds in payment; and BE IT FURTHER RESOLVED, that the 2014 Program of Services and the Capital Improvement Plan are hereby amended and a $37,600 appropriation is approved. Adopted, September 23, 2014 (SEAL) President Kerry J.S. Kincaid (SEAL) City Manager Russell Van Gompel (ATTESTED) City Clerk Donna A. Austad 78

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80 AGREEMENT This Agreement, entered into by and between the City of Eau Claire, Wisconsin, hereinafter referred to as the CITY, and the Water Street Business Improvement District, hereinafter referred to as the BID, and collectively referred to as the PARTIES. WHEREAS, the PARTIES hereby agree to enter into an agreement for the Fifth Avenue Overlook Deck and Trail Project No , and WHEREAS, the proposed overlook deck with an access trail to the Chippewa River at Fifth Avenue and Menomonie Street is within the City of Eau Claire and will be constructed on property owned by the City of Eau Claire, and WHEREAS, a review of the zoning for the application was held and the City of Eau Claire s Waterways and Parks Commission recommended approval, and WHEREAS, the City of Eau Claire Plan Commission recommended approval with the condition that the location of the deck and access trail will be determined by the CITY to protect its existing utilities in the area, and WHEREAS, the Eau Claire City Council approved the site plan in a P-Public District for a deck with access trail to the Chippewa River at Fifth Avenue and Menomonie Street subject to the above Plan Commission condition. NOW, THEREFORE, BE IT MUTUALLY AGREED as follows: 1. SCOPE OF PROJECT. The BID agrees to pay for the design and the cost of construction and materials of the deck and trail. The CITY agrees to construct the deck and access trail as Project No The deck will be an outdoor single floor surface approximately thirty (30) feet in width and forty-five (45) feet in length with railings; the trail will be approximately five (5) feet in width with gravel surfacing from the deck to the water level of the Chippewa River. The railings will be designed to resemble those on the former railroad bridge located immediately east of the Clairemont Avenue bridge in the City of Eau Claire. The deck and trail will be for public use at the intersection of Fifth Avenue and Menomonie Street in the City of Eau Claire. See Exhibit A. The deck and trail may be completed in separate projects. 2. COMPLETION. The deck and access trail will be completed no later than December 31, NOTICES. Any Notices required or permitted to be provided under this agreement shall be served upon the parties in writing and mailed, ed, or by personally delivered as follows: 84

81 To the CITY: To the BID: Phil Fieber, Director Public Works and Parks/Recreation and Forestry Departments 910 Forest Street Eau Claire WI John Mogenson, President Water Street Business Improvement District c/o Investment Realty 301 Water Street Eau Claire WI CONSTRUCTION PROCESS. The BID will provide: a. Engineering and construction plans, electronically submitted, of the deck and access trail with a design that minimizes maintenance, protects utilities and the riverbank, and is suitable for use in a Request for Proposal (RFP) for bids and/or quotes. Plans will be reviewed and approved by the CITY for code compliance, safety, and accessibility prior to bidding. Plans will include riverbank restoration and replanting to prevent erosion, per the CITY Forester s specifications. Plans shall become the property of the CITY at the completion of the project. b. A certificate of insurance on the engineering and construction plans evidencing liability coverage with limits not less than $1 million dollars and the name of the CITY as an additional insured. c. A materials list for the deck and trail for use in the bidding process. This will allow the solicitation of donations of materials to the BID for the project. d. Sufficient funds in the CITY-BID account to cover the cost of purchase orders issued. This funding must be available following the receipt of bids and before the award of any contracts or issuance of any purchase orders. e. Signage acknowledging the efforts and donors to the Project. The CITY retains the right to remove said signage ten (10) years after substantial completion of the project. f. The CITY and BID will review formal bids and quotes and shall mutually agree to proceed with awarding a contract, for either all or part of the project. 85

82 The CITY will provide: a. The solicitation of bids/quotes for the Project. b. Approval from the City Council, if required, to award contracts. c. All permits required by local, state and federal agencies. d. Entering into an agreement with a general contractor for the Project. e. The issuance of purchase orders for the work to construct the deck and trail. No purchase orders will be issued until sufficient funds are deposited in the CITY-BID account. f. Payment to all project vendors from the CITY-BID account. g. Review by the CITY s Engineering and Parks Maintenance Divisions including comments on the architectural and structural design of the deck and trail. h. The retention of ownership during construction and upon completion of the Project. i. Obtaining and keeping in force Builders Risk insurance regarding the Project. 5. MAINTENANCE. The CITY will perform all maintenance on the deck structure and trail with repair materials cost (deck stain, paint, trail replacement rock, etc.) funded by the BID. The BID will provide maintenance funds as requested by the CITY s Parks Maintenance Department. In the event of catastrophic damage, including but not limited to flooding, natural disasters, and acts of God, the CITY will consider sharing the cost of rebuilding the deck and trail with the BID. Should the deck need to be removed to allow work on city utilities in the area, the PARTIES will equally share the cost of removal and replacement. 6. DECK AND TRAIL USE. The use of the deck shall be for public use. Management of the deck shall be similar to the process used for the CITY s parks shelters, including fees and charges as approved by the City Council. When the deck is not reserved, it shall be open to the public on a first come first serve basis. The BID shall be allowed to use the deck at no charge as long as the terms of this agreement are met. Reservations will be allowed through the CITY s Parks and Recreation Department wide facility reservation system. 7. FURNISHINGS. Furnishings, including signage, lighting, picnic tables, chairs, benches and other amenities will provided by the BID Board and placed on or in the deck by the BID with prior approval of the CITY s Parks Maintenance Supervisor. 8. OPERATIONS. The CITY reserves the right to modify the use or access of the deck or trail for any reason, by order of the City Council. The City Council shall have the authority to order improvements to the deck and/or trail for any reason. 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the PARTIES as to the Project and any amendment shall be in writing and signed by both parties. 86

83 IN WITNESS THEREOF, the parties herein witness and execute this agreement on this day of, WATER STREET BUSINESS IMPROVEMENT DISTRICT John Mogenson, President CITY OF EAU CLAIRE, WISCONISIN Russell Van Gompel, City Manager Donna Austad, City Clerk Approved as to form: Stephen Nick, City Attorney Fifth Avenue Overlook Agreement

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