07-12-16 BOA Minutes July 12, 2016 Page 2 of 8 The Plan Commission considered this request at its June 20, 2016 meeting and voted unanimously to recommend approval. The Architectural Review Board voted 4-1 to approve the design and materials of the proposed system at its June 20, 2016 meeting. Staff recommendation is to approve a Conditional Use Permit to allow the installation of a ground-mounted solar system in the rear yard of 7424 Cromwell Drive pursuant to the stipulations and conditions contained in the attached resolution. In response to Alderman Garnholz’s question, Susan Istenes confirmed that the City this project, a ground- mounted solar system, would be the first of its kind to come before the City for approval. In response to Alderman Boulton’s question, Kevin Glines, contract, EFS Energy, stated that the Schaarf’s (property owners) considered a roof mount system, but due to the house having a slate roof the owners felt it was not cost effective. The system will be used only as a backup system to power a back up battery system that will be located in the basement of the home. In response to Alderman Garnholz’s question, Mr. Glines stated that the panel field does not reflect, but will absorb light energy. Therefore, it will not cause a glare for neighboring property owners. In response to Alderman Berger’s question, Mr. Glines stated that the panes are a 6.5 – 7 feet height which is below the 10 foot maximum requirement per the City’s ordinance. In response to Alderman Berkowitz’s question, Mr.

Glines stated that the panes are a 6.5 – 7 feet height which is below the 10 foot maximum requirement per the City’s ordinance. In response to Alderman Berkowitz’s question, Mr. Glines stated that the system will be 24 feet and will sit in the back yard where there is an existing 6 foot privacy fence. In response to Alderman Garnholz’s question, Mr. Glines explained that the height of the panels would not be straight up-and-down, but more angled to capture the solar sun. In response to Alderman Boulton’s question, Mr. Glines stated that installation will not require tree removal. In response to Mayor Sanger’s question, Mr. Glines stated that any reflection off of the solar panels will primarily be no different than any other structure (i.e. pool, etc.). Alderman Garnholz noted that the existing fence needs repair. In response to Alderman Boulton’s question, Mr. Glines stated that the system has a 25 year warranty which will require very little, if any, maintenance. He added that the battery has a 10 year life expectancy, producing four kilowatts per hour when needed. In response to Mayor Sanger’s question, Mr. Glines stated that although the system can power the whole house during an outage, the intention is to only power up major appliances when needed. Phil Judd, representative of EFS Energy confirmed. In response to Mayor Sanger’s question, Susan Istenes confirmed that all guidelines have been met per the City’s ordinance. Mayor Sanger closed the public hearing.

07-12-16 BOA Minutes July 12, 2016 Page 3 of 8 A MOTION TO APPROVE A LIQUOR LICENSE FOR QDOBA MEXICAN GRILL #2923 AT 6701 CLAYTON ROAD

City Manager Owens reported that Qdoba Mexican Grill #2923 is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 6701 Clayton Road. The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections. The applicant has chosen not to submit a petition from surrounding property owners and first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board members in order to be approved. Staff has requested that a representative be in attendance at the meeting. Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays. In response to Alderman Garnholz’s question, a representative (did not give name) for Qdoba stated that all of their restaurants sell alcoholic beverages and that they will be installing a frozen margarita machine, and will sell beers and wines. Alderman Garnholz moved to approve a liquor license for Qdoba Mexican Grill #2923 located at 6701 Clayton Road. Alderman Boulton seconded. The motion passed unanimously on a voice vote.

Alderman Boulton seconded. The motion passed unanimously on a voice vote. A PUBLIC HEARING TO CONSIDER A SPECIAL DEVELOPMENT SUBDISTRICT FOR THE PROPERTY ADDRESSED 8125 FORSYTH BOULEVARD

Mayor Sanger noted that the public hearing is open and continued from the June 14 meeting. Mayor Sanger explained that during the June 14 meeting the testimony received from different experts was so diverse that the Board asked staff and legal service to research information. He asked that City Attorney O’Keefe to provide a brief summary/explanation of his research to the Board and audience. City Attorney O’Keefe first thanked the interested parties for providing lots of information all of which was very helpful. He received a packet of materials and supporting documents from Mr. Feder on behalf of Shaw Park Plaza,and materials from Apogee/Apex Oil, which included copies of a court judgement involving some of the properties from 1998. He expressed his appreciation for everyone’s cooperation. He explained that what he tried to do was to summarize as best he could in a graphic format (copy attached) what is an attempt to sort out what he believes to be the rights of entitlements and ownership interests in the available parking within the development site. He said that the “bottom line”,is that the documents appear to suggest to him that the owners of the properties identified as lots 4, 6, 7, 3, 5, and 2 in the Special Development District have easements and contractual rights to 1,371 parking spaces within the central garage.