MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, JANUARY 5, 2010
1. The meeting was called to order by Mayor Neitzke at 7:03 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney
2. An opening prayer was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the December 15, 2009 Common Council minutes, as recorded. Motion carried unanimously.
5. Mayor’s Report
Mayor Neitzke read a letter he sent to Frank Springob, Chief of Police, congratulating the Chief on completing 45 years of service to the City of Greenfield as of January 1, 2010. Mayor Neitzke stated a plaque will be forthcoming.
Chief Springob addressed the Council. He thanked the Mayor and stated it has been a privilege to serve the City and the Police Department in many capacities. He said he hopes to serve the City for many more years.
6. Aldermanic Reports
Alderperson Lubotsky stated as part of changes with the Milwaukee County Transit System, Bus Route 14 (South 43rd Street & West Howard Avenue to South 92nd Street & West Howard Avenue) has been discontinued. However, she stated there is a van service available for elderly and disabled called ParaTransit (414-343-1700), which is owned by Milwaukee County Transit, at a cost of $3.50 per way. Also, Bus Route 35 (West Loomis Road to Southridge) has also been discontinued. She asked that the phone number for ParaTransit be posted on the City website. The phone number for Milwaukee County Transit customer service is 414-937-3218.
Alderperson Saryan stated on the inside front cover of the Winter/Spring Recreator there is information pertaining to investing in the community by making a pledge to support the Greenfield Community Center and on the back inside cover there is information regarding a
-18476- C.C.-1/5/10 Mardi Gras Gala that will be held Saturday, February 27, 2010 to benefit the Community Center. People may contact the Park & Recreation Department at 329-5370.
7. Announcements - None
8. Citizen Commentary - None
9. Plan Commission Meeting held December 8, 2009
Item #10 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Plan Unit Development Amendment/Site, Building, Landscape Review for the construction of a 41-unit independent living senior apartment building at 3993 South Prairie Hill Lane (Woodland Ridge); subject to Plan Commission and staff comments, including revised plans (i.e. building exterior and stormwater/impervious surface elements) which were presented to staff before January 5, 2010, Tax Key #569-9003.
After a discussion, on a roll call vote, the motion carried unanimously.
10. City Clerk’s Report
Claim received from Schlossmann’s Honda City for reimbursement for damages incurred on November 6, 2009 at 3450 South 108th Street during evacuation for a new sewer by the excavator hired by the City was referred to the CITY ATTORNEY.
11. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the issuance of an operator license to each of the following:
Alba, Gregory J.-5540 S. 44th St. Crowley, Patrick C.-W192 S6632 Hillendale Dr. Hendryx, Amber R.-6711 W. Fairview Ave. Janecke, Ashlee A.-941 E. Eden Pl. Planas, Jennifer F.-8030 W. Manitoba St.
Motion carried unanimously.
12, 13, 14 & 15.
It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve the following:
Schedules of disbursements in the amount of $428,783.71
Mileage reimbursements in the amount of $210.71
Investments and reinvestments in the amounts of $11,160,739.89 and $11,993,103.12
November, 2009 financial statement.
On a roll call vote, the motion carried unanimously.
-18477- C.C.-1/5/10
16. It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve filling a Fire Lieutenant position and all underfills in the Fire Department due to a retirement.
After a discussion, Alderperson Saryan withdrew her motion; Alderperson Lubotsky withdrew her second to the motion.
It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to refer discussion and decision to approve filling a Fire Lieutenant position and all underfills in the Fire Department due to a retirement to the FINANCE & HUMAN RESOURCES COMMITTEE. Motion carried unanimously.
17. After a discussion during which Dan Ewert, Superintendent of Public Works, addressed the Council, it was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adopt Resolution No. 3321.
RESOLUTION NO. 3321
WHEREAS, THE CITY OF GREENFIELD hereby requests financial assistance under s. 20.370, Wis. Stats., Chapter NR 47, Wis. Admin. Code, for the purpose of funding urban and community forestry projects or urban forestry catastrophic storm projects specified in s. 20.370(5)(bw) and (1)(mv), Wis. Stats.,
THERFORE, BE IT RESOLVED, that THE CITY OF GREENFIELD HEREBY AUTHORIZES DANIEL EWERT, SUPERINTENDENT OF PUBLIC WORKS, an official or employee, to act on its behalf to:
Submit an application to the Department of Natural Resources for financial assistance under s. 20.370, Wis. Stats., Chapter NR 47, Wis. Admin. Code; sign necessary documents; and submit a final report.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
18. City Attorney’s Report:
a. A resolution to discontinue and vacate a 30’ x 85’ section of right-of-way at 5319 South 43rd Street, Tax Key No. 647-9949-002; also abutting 5325 South 43rd Street, Tax Key No. 647-9948; and 5305 South 43rd Street, Tax Key No. 647-9950, was introduced.
-18478- C.C.-1/5/10 b. It was moved by Alderperson Saryan, seconded by Alderperson Akers, to go into closed session pursuant to Wisconsin Statutes, Section 19.85(1) (b) & (f) at 7:25 p.m. for the following:
Consider licensure, social or personal history, or medical information as it relates to including Casey L. Freeman as part of the Energy Marketing Services Direct Seller License
On a roll call vote, the motion carried unanimously.
c. It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to adjourn closed session and reconvene into open session at 7:45 p.m. Motion carried unanimously.
d. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to place Decision relating to including Casey L. Freeman as part of the Energy Marketing Services Direct Seller License on the NEXT AGENDA. Motion carried unanimously.
19. Items for future agenda - None
20. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to adjourn the meeting at 7:48 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
JG:slw
Distributed: January 7, 2010
-18479- C.C.-1/5/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, JANUARY 19, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney
2. An opening prayer was given by Reverend Jim Leggett.
3. Pledge of Allegiance
At this time, the Council took action on Item #14
4. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the January 5, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. Mayor‟s Report
Mayor Neitzke stated that if someone wants to challenge their assessed value, they may contact the Assessor‟s Office, complete a form, and submit it by February 1, 2010.
6. Aldermanic Reports
a. Alderperson Saryan reminded citizens to purchase their tickets for the Mardi Gras Gala which will be held February 27, 2010 to benefit the Greenfield Community Center. Additional information can be found in the Greenfield Recreator.
b. Alderperson Lubotsky stated she attended a RTA Meeting today with Governor Doyle and CEOs of large Wisconsin companies. She asked Mayor Neitzke to give an explanation.
Mayor Neitzke indicated Governor Doyle had a press conference today with some of the major CEOs in the community. There was discussion regarding increasing the sales tax by half a percent and lowering the County levy. It was a show of support by some of the region‟s largest corporations that transportation is important in southeastern Wisconsin.
-18480- C.C.-1/19/10
c. Alderperson Lubotsky announced there will be a foreclosure prevention workshop for Greenfield homeowners in Milwaukee County in Greenfield City Hall on February 13, 2010 from 9:00 a.m. to 12:00 noon or later. The goal is to assist homeowners in developing goals and a workable income expense statement. It will educate homeowners on possible options. Milwaukee County Supervisors Mark Borkowski and Joe Sanfelippo will be in attendance. SDC has also been invited to have laptops here for those who need to apply for energy assistance. Someone from the City Treasurer‟s Office has also been invited to work out payment plans on taxes and discuss options. The City Assessor‟s Office will also be in attendance to look up property values and complete proper paperwork.
7. Announcements
Mayor Neitzke stated the Chamber of Commerce is having their Annual Awards Banquet on Tuesday, January 26, 2010 at Klemmer‟s.
8. Citizen Commentary
The following addressed the Council:
Brad Krause, 2038 South 57th Street, West Allis, stated on May 15, 2009 the Legislative Committee discussed adopting an ordinance to allow police to ticket people who are lawfully carrying guns openly. He said on August 17, 2009, despite knowing that the legal prohibition stopped the Council from doing so, the Legislative Committee voted to ban people‟s constitutionally guaranteed rights to carry firearms in City parks for lawful purposes. The Council ignored the State Legislature and passed the ordinance. On October 6, 2009 the Council received notice from citizens of intent to lawfully exercise constitutionally guaranteed rights namely, to carry guns throughout the City and into Greenfield parks despite the ban. On November 16, 2009 the Legislative Committee voted to remove the City‟s open carry ban, which was amended by the Council December 1, 2009 to conform with State law. Despite the change, the title still reads 10.01 Weapons, Section 1, Discharging and Carrying of Firearms and Guns Prohibited. Also, on November 16, 2009, the City Attorney stated there would be no changes to the City‟s park ban because it is in conformity with Milwaukee County. On January 18, 2010 the Legislative Committee voted to restrict the illegal ban to only County parks located in Greenfield. Mr. Krause stated restricting an illegal ban to County parks does not make it any more legal. He added that ignoring the Wisconsin State Legislature and passing an ordinance the City is prohibited from enacting and cannot legally enforce, is going to lead to a bad outcome. He said if the City doesn‟t repeal the parks ban completely and instead attempt to put a bandage on it, the Council is telling officers to ignore the law and start a Federal lawsuit. He asked the Council to repeal the unlawful parks ban completely.
-18481- C.C.-1/19/10 9. Plan Commission Meeting held January 12, 2010
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the following:
Item #4 A Special Use Amendment to change the text of the sign as specifically approved in 2005 at Loomis Food & Beverage, 4415 West Loomis Road, subject to Plan Commission and staff comments, Tax Key #620-9989-004
Item #5 A Special Use Amendment to shift wall signage square footage to a comparably sized monument sign at NAPA Auto Parts, 4600 South 108th Street, subject to Plan Commission and staff comments, Tax Key #608-9990-002
On a roll call vote, the motion carried unanimously.
Item #7 It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve a Special Use Amendment and Site, Building, Landscaping Review as it relates to some restaurant operational changes, and exterior and interior building/site modifications at Fresh Mexican Grill and More (i.e. formerly Omega Custard), 4695 South 108th Street, subject to Plan Commission and staff comments, with the bathroom hallway enclosure project finished by June 30, 2010 or the Special Use is suspended, Tax Key #609-0030-001, with the understanding that the outside lighting is either the neon band or the exterior wall down lighting as referenced on the drawing received January 19, 2010.
During discussion, Chuck Erickson, Community Development Manager, and Tony Antonopoulos, project architect, addressed the Council.
After a discussion, Alderperson Kastner withdrew his motion; Alderperson Saryan withdrew her second to the motion.
It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve a Special Use Amendment and Site, Building, Landscaping Review as it relates to some restaurant operational changes, and exterior and interior building/site modifications at Fresh Mexican Grill and More (i.e. formerly Omega Custard), 4695 South 108th Street, subject to Plan Commission and staff comments, with the bathroom hallway enclosure project finished by June 30, 2010 or the Special Use is suspended, Tax Key #609-0030-001, except for the exterior wall down lights which will go back to the PLAN COMMISSION for review. On a roll call vote, the motion carried unanimously.
10. Finance & Human Resources Committee Meeting held January 13, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
Item #3 Renewal of contract between Milwaukee County and the City of Greenfield for the provision of emergency medical services for the period of January 1, 2010 to December 31, 2012
Item #6 A Memorandum of Understanding between the City of Greenfield and National Appraisal Corp. regarding the review of residential assessments, and authorize the Mayor to sign the contract
-18482- C.C.-1/19/10
Item #7 A Memorandum of Understanding between the City of Greenfield and National Appraisal Corp. regarding the review of commercial valuations, and authorize the Mayor to sign the contract
Item #9 Schedules of disbursements in the amounts of $151,001.97; $18,971.85; $88,391.86; $1,666.91; $276,878.55; $40,783.61 and ($1,663.01)
Item #10 Mileage reimbursements in the amount of $3,215.89
On a roll call vote, the motion carried unanimously.
Item #4 It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve filling a Fire Lieutenant position and all underfills in the Fire Department due to a retirement.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
Item #5 It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve the scope of services agreement with Bray Associates Architects, Inc. for design and engineering services for the Greenfield Community Center project.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Akers & Saryan voting yes; Alderpersons Pietrowski & Kastner voting no.
11. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to approve the issuance of an operator license to Nicholas W. Jozwiak, 12745 West Crawford Drive. Motion carried unanimously.
12 & 13. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the following:
Issuance of a Temporary Class “B” Retailer‟s License to St. John the Evangelist Parish to sell fermented malt beverages at fish fries held in the church hall, unless noted otherwise, from 3:00 p.m. to 8:00 p.m. on the following dates: February 19 & 26; March 5, 12, 19 & 26; April 2; May 14; June 11; July 23 (in the gym); September 10; October 8 & 15, 2010 at 8500 West Cold Spring Road.
Issuance of a Temporary Class “B” Retailer‟s License to St. John the Evangelist Parish Athletic Association to sell fermented malt beverages at a pasta dinner to be held Friday, February 12, 2010 from 3:30 p.m. to 8:00 p.m. in the church hall at 8500 West Cold Spring Road.
Motion carried unanimously.
The Council proceeded with Item #16
-18483- C.C.-1/19/10 14. After a discussion, it was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the issuance of a Temporary Class “B” Retailer‟s License to Dan Jansen Family Fest Inc. to sell fermented malt beverages at Dan Jansen Family Fest to be held Friday, May 28, 2010 from 5:00 p.m. to 11:30 p.m. and Saturday, May 29, 2010 & Sunday, May 30, 2010 from 9:00 a.m. to 11:30 p.m. at Konkel Park, 5151 West Layton Avenue.
Under discussion, the following addressed the Council:
Francis Springob, Chief of Police Scott Jaquish, Director of Parks & Recreation Kathy Doonan, Dan Jansen Family Fest Inc Don Carlson, 5082 West Colonial Court Bruce Gregory, 4761 South 81st Street, representing Greater Greenfield Lions Club Jim Sorensen, 3609 - 15th Avenue, Band Leader for Mount Olive Denise Collins, 4439 South 38th Street
On a roll call vote, the motion carried unanimously.
15. It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve the issuance of a Temporary Class “B” Retailer‟s License to Dan Jansen Family Fest Inc. to sell fermented malt beverages at a Mardi Gras Gala to be held Saturday, February 27, 2010 from 5:00 p.m. to 12:00 midnight at the Greenfield Community Center, 7215 West Cold Spring Road. Motion carried unanimously.
The Council proceeded with Item #4
16. Engineering Division Report:
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adopt Resolution No. 3322, with the understanding as recommended by Council prior that the assessment is 20% of the normal assessment rate.
RESOLUTION NO. 3322
RESOLUTION AMENDING PRELIMINARY RESOLUTION NO. 3319 PROJECT 2006 #5
WHEREAS, on December 15, 2009, the City of Greenfield Common Council adopted Resolution No. 3319, the Preliminary Resolution levying special assessments under Section 66.0703 of the Wisconsin Statutes against benefitting property for the installation of storm sewer, storm sewer service laterals, sanitary sewer, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, concrete or bituminous concrete (asphalt) pavement, and public sidewalk in South 124th Street from West Cold Spring Road to the South City Limit
WHEREAS, said Resolution No. 3319 includes a list of thirty-two (32) parcels of real estate identified by tax roll key numbers as follows:
-18484- C.C.-1/19/10
610 0198 610 9977 002 611 1001 611 8974 001 610 0199 610 9978 003 611 1002 611 8975 006 610 0254 610 9978 004 611 1003 611 8975 039 610 0260 610 9981 611 1004 611 8976 002 610 9975 001 610 9982 611 1036 611 8980 007 610 9975 002 610 9986 001 611 1063 611 8980 010 610 9976 610 9986 002 611 8971 611 8980 011 610 9977 001 610 9987 611 8972 611 9000 005
WHEREAS, the improvements in South 124th Street south of West Layton Avenue (I-43) and north of West Beloit Road (CTH „T‟) are considered maintenance and therefore, only the improvements from West Layton Avenue (I-43) to West Beloit Road (CTH „T‟) are assessable improvements and affect only eight (8) parcels of real estate identified by tax roll key numbers as follows:
610 0198 610 9975 001 610 9975 002 610 9976 610 9977 001 610 9977 002 610 9978 003 610 9978 004
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of Greenfield that Resolution 3319 be amended to substitute the revised list of eight (8) parcels for the original list of thirty-two (32) parcels wherever applicable.
ADOPTED , 2010 APPROVED , 2010
Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
17. City Attorney‟s Report:
a. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adopt Resolution No. 3323. RESOLUTION NO. 3323
Resolution to establish furlough days for the City of Greenfield in 2010.
Whereas, the City of Greenfield budget has experienced an ongoing imbalance between the increased annual costs of continuing services and the lack of revenue growth to fund services; and
-18485- C.C.-1/19/10 Whereas, the shared revenue received by the City of Greenfield has continually declined over the years and the City expects to lose additional shared revenue as part of the 2010 State Budget; and,
Whereas, the 2010 adopted City Budget includes salary and wage accounts for all city departments based on an assumption that the City will implement mandatory unpaid furlough days applicable to most City employees; and,
Whereas, mandatory furloughs will apply to City employees not excluded as set forth herein independent of funding services;
NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Greenfield, that a mandatory unpaid furlough day program is approved; and,
BE IT FURTHER RESOLVED, that presently the mandatory furlough days, unless changed by amendment to this resolution shall be as follows:
April 16, 2010, September 17, 2010, October 11, 2010, November 11, 2010, and
said furlough days shall be mandatory except for the following city employees:
1. Protective Service Employees (Police and Fire Depts.) 2. Dispatchers and Clerk-Typist employees at the Police Department.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski & Akers voting yes; Alderpersons Kastner & Saryan voting no.
b. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adopt Resolution No. 3324.
RESOLUTION NO. 3324
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by SCHLOSSMANN‟S HONDA CITY, for reimbursement for damages incurred on November 6, 2009 at 3450 South 108th Street during evacuation for a new sewer by the excavator hired by the City, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
-18486- C.C.-1/19/10 ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
After a discussion, on a roll call vote, the motion carried unanimously.
c. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to go into closed session pursuant to Wisconsin Statutes, Section 19.85(1)(b)(c) & (f) at 8:35 p.m. for the following:
(1) Consider licensure, social or personal history, or medical information as it relates to including Casey L. Freeman as part of the Energy Marketing Services Direct Seller License
(2) Discussion regarding personnel matters
On a roll call vote, the motion carried unanimously.
d. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to adjourn closed session and reconvene into open session at 8:54 p.m. Motion carried unanimously.
e. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to deny the request to include Casey L. Freeman, 2204 South 15th Street, as part of the Energy Marketing Services Direct Seller License. On a roll call vote, the motion carried unanimously.
f. No action is necessary regarding personnel matters.
18. Items for future agenda
2011 Budget
19. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adjourn the meeting at 8:56 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
JG:slw
Distributed: January 21, 2010
-18487- C.C.-1/19/10
MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, FEBRUARY 2, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney – Present at 7:05 p.m. Chuck Erickson Community Development Manager
2. An opening prayer was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the January 19, 2010 Common Council minutes, as recorded. Motion carried unanimously.
At this time, the Council proceeded with Item #15
5. Mayor‟s Report
Mayor Neitzke stated he issued a proclamation proclaiming February 5, 2010 as Wear Red for Women Day in the City as part of the American Heart Association‟s drive to improve healthy hearts
6. Aldermanic Reports
Alderperson Lubotsky stated that on Saturday, February 13, 2010 from 9:00 a.m. to 12:00 noon at City Hall, there will be information available for loan modification, energy assistance, housing counselors, reverse mortgages, credit card problems, home sale options, foreclosure process, and bankruptcy
Alderperson Pietrowski said he was contacted by a constituent who indicated that video poker machines were being removed from certain venues in the City and he asked if the Police Department was going into all establishments. The City Clerk stated the Police Department discovered there were some Class A alcohol establishments that had video gambling machines and it is a felony to have video gambling machines in Class A establishments. The Police Department is going to check other establishments.
-18488- C.C.-2/2/10
7. Announcements – was not taken up at this meeting.
8. Citizen Commentary – was not taken up at this meeting.
At this time, the Council proceeded with Item #11a(6)
9. Public hearing for a Special Use, requested by Walgreens, to be able to sell beer and wine at their 4405 West Layton Avenue location, Tax Key #620-9987-002
Notice of public hearing was published in the City‟s official newspaper on January 21, 2010.
See Remarks from citizens regarding Walgreens at 4405 West Layton Avenue below.
And
10. Public hearing for a Special Use, requested by Walgreens, to be able to sell beer and wine at their 4688 South 108th Street location, Tax Key #608-9990-001
Notice of public hearing was published in the City‟s official newspaper on January 21, 2010.
Chuck Erickson, Community Development Manager, presented diagrams of the properties in question. He stated that an initial request for the Walgreens located at South 76th Street & West Cold Spring Road was withdrawn shortly after the Plan Commission review.
Roger Pyzyk, City Attorney, and Jennifer Goergen, City Clerk, indicated that if an establishment has a Combination “Class A” Beer & Liquor License, they can sell liquor.
Mayor Neitzke said if a special use limits the sale of liquor, a Class A establishment cannot sell liquor.
The City Attorney and City Clerk indicated a special use cannot limit the sale of liquor if an establishment has a Combination “Class A” Beer & Liquor License.
The City Attorney stated he understands Walgreens wants to sell beer and wine which means they would need a Combination “Class A” Beer & Liquor License which would also allow them to sell liquor. He added that if Walgreens says they are not going to sell liquor and at some point decide to sell liquor, there is nothing the City can do to prevent that.
Mayor Neitzke said he recalls the Plan Commission had a strong resistance to the idea of selling hard alcohol at Walgreens.
The City Attorney said if the Combination “Class A” Beer & Liquor License was issued on the representation that Walgreens was not going to sell liquor and then later they do sell liquor, he said the City may have a basis at renewal time to not reissue the license because they went back on their representation, that might be a possibility but that might be something that is court tested. Walgreens may say legally the City cannot limit sales to beer and wine because the Combination “Class A” Beer & Liquor License allows the sale of liquor.
-18489- C.C.-2/2/10 Mr. Pyzyk explained the reason the intoxicating liquor is coming into play here is because they want to sell wine and in order to sell wine a Combination “Class A” Beer & Liquor License is needed, which also allows the sale of liquor.
Mr. Erickson stated the Plan Commission gave a favorable recommendation to allow a special use to sell beer and only wine.
Item #9 – Continue with public input regarding Walgreens at 4405 West Layton Avenue
The following addressed the Council for information only:
Dan Ewert, 4446 South 36th Street
Mayor Neitzke read letters received from the following in opposition:
A. Paul Sidhu, 4415 West Loomis Road Michael Karges, 4401 South 50th Street
It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to deny a Special Use, requested by Walgreens, to be able to sell beer and wine at their 4405 West Layton Avenue location, Tax Key #620-9987-002.
The following registered in favor but did not speak:
Mike Sunderlage representing Walgreens, 4688 South 108th Street
During discussion, Bob Tess, representing Walgreens, and Rob Wucki, District Manager, addressed the Council during which time the following was stated: two refrigerator doors would be involved with the beer; they are in the process of changing their open case to cooler doors; they are looking at roll down cages, one of which is a canvas piece that rolls up over the wine, rolls down, zippers, and locks at the bottom which is the same kind of mechanism to secure the beer in the cooler after 9:00 p.m.; if a cashier is under the age of holding a Wisconsin operator license, a member of the management team is called to complete the transaction; there are internal controls which include cashiers completing the State of Wisconsin bartender license course; IDs also have to be checked; also a register will not complete a transaction during the time when such sales are not allowed; additional surveillance cameras will be added to the beer and wine areas; there will be no liquor sales through the drive-thru.
Alderperson Lubotsky noted there are already six places in the area in question where packaged alcohol goods can be purchased.
On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
-18490- C.C.-2/2/10
Item #10 – Continue with public input regarding Walgreens at 4688 South 108th Street
Mayor Neitzke stated that the same individuals who registered for the public hearing regarding 4405 West Layton Avenue also registered for this public hearing.
Chuck Erickson, Community Development Manager, stated former Alderperson Barbara Clark has no opposition to issuing a license to Walgreens at 4688 South 108th Street.
Discussion was held with regard to Walgreens‟ applications for licenses in other communities.
Alderperson Kastner said the special use for Walgreens at 4688 South 108th Street provides for the reader board on the monument sign to only change that writing once per day. That restriction use to be followed but no longer is.
Mayor Neitzke said there is now an ordinance in effect that allows it to change.
Alderperson Kastner said there is a law in place that would allow Walgreens to have hard alcohol [if they were issued a Combination “Class A” Beer & Liquor License] so the special use apparently does not trump that either.
Attorney Pyzyk said Alderperson Kastner is saying it is a totally different topic, but the special use that had been issued only allowed the writing on the sign to be changed once per day but now that has fallen by the wayside and the change is more than once per day even though the special use had a restriction of once per day.
Mr. Tess said if a City ordinance now says a special use permit is not needed to do something and any and all people are allowed to do what the ordinance says, the City has overridden the special use permit.
Attorney Pyzyk said that is the exact same thing he is saying that there is a State law that currently exists that doesn‟t allow the City to trump that.
Mr. Tess said he disagrees with that. The City is given the power via the State to implement its own zoning code to govern the use of the land in the City boundaries. He believes the land use designation of the City trumps any license that is granted in connection with the use of the property. He said that is his opinion; he hasn‟t done any research.
Attorney Pyzyk said if this issue went to court and the City makes the license a restriction on a special use, that at some point, if something went awry and Walgreens decides to sell liquor, that it isn‟t a slam dunk the City would win because of the special use.
Alderperson Lubotsky indicated if the City would issue a Combination “Class A” Beer & Liquor License, Walgreens could change it without any City approval.
Attorney Pyzyk asked that if the Council issues a Class A license, that it be with the conditions on a special use permit.
-18491- C.C.-2/2/10
It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Akers, seconded by Alderperson Kastner, to approve a Special Use, requested by Walgreens, to be able to sell Class “A” Fermented Malt Beverages at their 4688 South 108th Street location, Tax Key #608-9990-001.
After a discussion, on a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
11. Public hearing for a Special Use Amendment, requested by Karl Rajani, to be able to sell beer and wine at the Layton Petro Mart, 12345 West Layton Avenue, Tax Key #611-8980-007
Notice of public hearing was published in the City‟s official newspaper on January 21, 2010.
Chuck Erickson, Community Development Manager, presented diagrams of the property in question. He stated the Plan Commission recommended the approval of the sale of beer and wine with the amendment that liquor products would not be allowed via the special use limitation. He stated he gave petitions received January 29, 2010 in support of Layton Petro Mart selling beer, which were submitted by Cathy Brandemuehl, to the City Clerk and Mayor along with letters from adjacent property owners. There are roughly 10 pages each containing approximately 20 signatures.
Mayor Neitzke stated letters in support of the Special Use Amendment were received from the following:
Don & Adrianne Roback, 12252 West Chapman Avenue Holle & Robin Brunette, 12230 West Layton Avenue Thomas Young, 12301 West Chapman Avenue Jo Ann Timmers, 4631 South 123rd Street Max Timmers, 4631 South 123rd Street Lee Timmers, 4631 South 123rd Street Matt Timmers, 4631 South 123rd Street
Alderperson Lubotsky indicated there is a petition in opposition that contains 320 signatures from August 12, 2008 when this issue came before the Council.
Mayor Neitzke read an email received from Jason & Leslie Long, 4738 South 123rd Street, who were unable to attend this meeting but are in opposition to Mr. Rajani‟s latest attempt to sell alcohol at the Layton Petro Mart.
Mayor Neitzke read a letter dated February 2, 2010 from A. Paul Sidhu, 4570 South 116th Street, in opposition.
-18492- C.C.-2/2/10 Alderperson Pietrowski said he felt it is only fair to state A. Paul Sidhu owns businesses in the City and the number of businesses that he owns are disproportional that sell the amount of beer and alcohol that was brought up earlier. Attorney Pyzyk stated the issue currently before the Council is not the issue of a license. The only item being considered this evening is whether or not to allow beer sales at the Layton Petro Mart.
Cathy Brandemuehl, 10505 West Euclid, representing Karl Rajani, stated they are just seeking a beer license for the Layton Petro Mart.
During discussion, Mr. Erickson stated beer and wine was part of the original application.
Attorney Pyzyk clarified the City‟s ordinance indicates No “Class A” retailers intoxicating liquor license may be granted to a filling/gas station.
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to close the public hearing. Motion carried unanimously.
The following addressed the Council in favor:
Cathy Brandemuehl, 10505 West Euclid Avenue, representing Karl Rajani, said she will train employees on IDs, registers will not scan UPC codes after 8:45 p.m., there are security cameras, they want to sell two doors of beer, they do not want banners all over.
Robin Brunette, 12230 West Layton Avenue, said she is in favor of beer sales at Layton Petro Mart and states the business works with the neighbors.
Mayor Neitzke read a letter dated February 2, 2010 from Michael G. Cosgrove, Chief of Police for the Village of Butler, that stated the Evergreen Fuel Stop owned by Karl Rajani and managed by Catherine Brandemuehl has had no incidents of sales of intoxicating beverages to any underage individuals.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Special Use Amendment, requested by Karl Rajani, to be able to sell beer at the Layton Petro Mart, 12345 West Layton Avenue, Tax Key #611-8980-007.
After a discussion, on a roll call vote, the motion lost with Alderpersons Lubotsky, Pietrowski & Akers voting no; Alderpersons Kastner & Saryan voting yes. The Council proceeded with Item #11a(3)(4)&(5)
11a. It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to take action on Item #11a(6) before Items 9, 10 & 11 which are public hearings. Motion carried unanimously.
Legislative Committee Meeting held January 18, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the following:
-18493- C.C.-2/2/10
Item #3 Revise Municipal Code Sections 3.12 and 9.13 regarding the Emerald Ash Borer Response Plan
Item #4 Adopt an ordinance repealing and recreating Section 3.12(8) of the Municipal Code setting forth the new fee structure as outlined in the proposed sample ordinance
On a roll call vote, the motion carried unanimously.
Item #5 Adopt an ordinance amending Section 10.16 of the Municipal Code as applicable to city parks, trailways, bike paths, and parklands is to be placed on the NEXT AGENDA.
The Council proceeded with Item #16a
Item #6 After a discussion regarding the number of Class A licenses, it was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to put a moratorium into place until the latest June 30, 2010 to conduct a study on how many more Class A licenses the City will issue with the LEGISLATIVE COMMITTEE to review the information.
After further discussion, it was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to amend the motion to exempt the public hearing for a Special Use, requested by Walgreens, to be able to sell beer and wine at their 4405 West Layton Avenue location, Tax Key #620-9987-002; the public hearing for a Special Use, requested by Walgreens, to be able to sell beer and wine at their 4688 South 108th Street location, Tax Key #608-9990-001; and the public hearing for a Special Use Amendment, requested by Karl Rajani, to be able to sell beer and wine at the Layton Petro Mart, 12345 West Layton Avenue, Tax Key #611-8980-007, from being voted on.
After a discussion, on a roll call vote on the amendment, the motion carried with Alderpersons Pietrowski, Kastner & Akers voting yes; Alderpersons Lubotsky & Saryan voting no.
On a roll call vote, the motion, as amended, carried unanimously.
The Council proceeded with Item #9
12. Board of Public Works Meeting held January 26, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve the following:
Item #12 Accept low bid and award contract to C. W. Purpero, Inc. in the sum of $517,573.70 for the construction of West Morgan Avenue, Project 2002 #12
-18494- C.C.-2/2/10 Item #13 Accept low bid and award base contract and alternatives MA-1 and MA-2 to Globe Contractors, Inc. in the sum of $1,100,993.30 for the reconstruction of South 59th Street and West Placid Drive neighborhood, Project 2008 #1
Item #15 Support a future cross easement between La-Z-Boy Furniture Gallery and the property located to the east on the north side of the 7900 block of West Layton Avenue, Tax Key Nos. 605-9956-004 and 605-9956-005
On a roll call vote, the motion carried unanimously.
Item #14 Alderperson Pietrowski stated he would like the item separated into two motions.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to accept low bid and award contract to Payne & Dolan in the sum of $674,237.87 for street repair, Group „A‟ projects in South 31st Street, West Grange Avenue to West Edgerton Avenue, Project 2009 #26
After a discussion, the Council proceeded to Item #13 on the agenda until they could obtain the dollar amount of each project from Rick Sokol, Director of Neighborhood Services. (Note: The Council continues with this item [Item #12(14)] after taking action on Item #14 on the agenda.)
The Council continued with the following motion after Item #14 on the agenda.
It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to accept low bid and award contract to Payne & Dolan in the sum of $259,096.41 for street repair, Group „A‟ projects in South 31st Street, West Grange Avenue to West Edgerton Avenue, Project 2009 #26.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
It was moved by Alderperson Akers, seconded by Alderperson Saryan, to accept low bid and award contract to Payne & Dolan in the sum of $415,141.46 for South 51st Street from West Cold Spring Road to West Layton Avenue, Project 2009 #25.
After a discussion, on a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #17
13. Finance & Human Resources Committee Meeting held January 27, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the following:
Item #3 Contract renewal with Medical College of Wisconsin for 2010
Item #5 Authorize going out to bid for an additional five 2010 Street Repair Program projects
-18495- C.C.-2/2/10 Item #7 Schedules of disbursements in the amounts of $19,450.98; $120,897.29; $585,909.27; $119,721.47; $19,059.35; $10,814.30; $17,735.17; $10,604.07; $28,193.76; $19,427.43, and $8,057.66
Item #8 Mileage reimbursements in the amount of $526.73
Item #9 Investments and reinvestments in the amounts of $41,695,878.80 and $11,920,898.73
On a roll call vote, the motion carried unanimously.
Item #4 It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve transferring funds and closing accounts among various capital improvement project accounts.
During discussion, Rick Sokol, Director of Neighborhood Services, addressed the Council.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
14. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the issuance of an operator license to each of the following:
Oelke, Lynnette S.-620A N. Hawley Rd. Olsen, Brittney A.-2012 Spring Meadow Ln.
Motion carried unanimously.
At this time, the Council continued with Item #12(14)
15. After a discussion during which Jennifer Goergen, City Clerk, and Chuck Erickson, Community Development Manager, addressed the Council, it was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of a Temporary Class “B” Retailer‟s License to Harley Owners Group-Milwaukee Chapter to sell fermented malt beverages at the following events to be held at House of Harley-Davidson, 6221 West Layton Avenue:
Name of Event Type of Event Date of Event Indoor/Outdoor Time of Event Feb. 12 - 5:00 p.m.-10:00 p.m. Premiere Indoor Bike Show Indoor Bike Show February 12 & 13, 2010 Indoor Feb. 13 – 9:00 a.m.-10:00 p.m. Promotional St. Patty's Day Leprechaun Launch Event March 13, 2010 Indoor 10:00 a.m.-4:00 p.m Men's Shopping Night Shopping Night December 9, 2010 Indoor 6:00 p.m.-9:00 p.m.
After further discussion, on a roll call vote, the motion carried unanimously.
The following is to be placed on the NEXT AGENDA:
An application for a Temporary Class “B” Retailer‟s License received from Harley Owners Group- Milwaukee Chapter to sell fermented malt beverages at the following events to be held at House of Harley- Davidson, 6221 West Layton Avenue:
-18496- C.C.-2/2/10
Name of Event Type of Event Date of Event Indoor/Outdoor Time of Event Spring Bike Show Bike Show May 15, 2010 Outdoor 9:00 a.m.-7:00 p.m. Vince Lombardi Dinner with the July 16 - 6:00 p.m.-10:00 p.m. Starrs & Ride to Daylight Charity Ride & Dinner July 16 & 17, 2010 Outdoor July 17 – 8:00 a.m.-4:00 p.m. Milwaukee Rally Harley-Davidson Rally September 2-5, 2010 Outdoor 9:00 a.m.-7:00 p.m. Cheap, Fast & Dirty Bike/Car Show (Classic) September 25, 2010 Outdoor 9:00 a.m.-5:00 p.m. Fisher House Ride Benefit/Charity Ride September 11, 2010 Outdoor 11:00 a.m.-5:00 p.m.
16. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve the issuance of a Temporary “Class B” Retailer‟s License to Harley Owners Group-Milwaukee Chapter to sell fermented malt beverages and wine at the following event to be held at House of Harley-Davidson, 6221 West Layton Avenue:
Ladies‟ Shopping Night, December 2, 2010 (indoor) from 6:00 p.m.-9:00 p.m.
Motion carried unanimously. At this time, the Council proceeded with Item #5 16a. City Attorney‟s Report:
a & b. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Ordinance Nos. 2691 and 2692. ORDINANCE NO. 2691
AN ORDINANCE AMENDING SECTIONS 3.12 FINANCE AND TAXATION FEE SCHEDULES AND 9.13 TREE PRESERVATION AND PROTECTION OF THE MUNICIPAL CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Chapter 3 Finance and Taxation, Section 3.12 Fee schedules, and Chapter 9 Streets and Sidewalks, Section 9.13 Tree Preservation and Protection, of the Greenfield Municipal Code are hereby adopted to read as follows:
CHAPTER 3 Finance and Taxation 3.12 Fee schedules. (Cr.2233) (12) Public Works Department. TABLE INSET: (NEW) (e) Forestry Emerald Ash Borer (EAB). 1. Infested tree removal permit fee…………… $75.00 normal 2. Tree Service removal license fee…………... $175.00 3. QUADRUPLE FEE……………………….. Upon failure to obtain a permit or license fee before work on a diseased tree is started, the total fee charged can be assessed at quadruple the standard fees set
-18497- C.C.-2/2/10 forth herein. CHAPTER 9 Streets and Sidewalks 9.13 Tree Preservation and Protection. (Cr. #1813) (9) Diseased and infested trees. (NEW) (f) Ash trees found to be infected with Emerald Ash Borer (EAB) are declared a public nuisance, to be abated as set forth in this section and in the City of Greenfield Emerald Ash Borer Response Plan.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
ORDINANCE NO. 2692
AN ORDINANCE TO REPEAL AND RECREATE SECTION 3.12 (8) OF THE MUNICIPAL CODE RELATING TO LICENSE FEES ENUMERATED
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 3.12 (8) of the Municipal Code is hereby repealed and recreated as follows: 3.12 (8) Health Department
(a) Food and Drink Establishment Permit (Based on Gross Food and Drink Sales)
$0 to $50,000 $ 40.00 $50,001 to $250,000 $150.00 $250,001 to $500,000 $260.00 $500,001 to $1,000,000 $485.00 Over $1,000,000 $720.00
Restaurant (Plus DHS Administrative Fees) Prepackaged $110.00 Pre-inspection $100.00 Re-inspection $100.00 Simple $235.00 Pre-inspection $100.00 Re-inspection $100.00 Moderate $365.00 Pre-inspection $150.00 Re-inspection $150.00
-18498- C.C.-2/2/10
Complex $550.00 Pre-inspection $200.00 Re-inspection $200.00 Additional Kitchen Facility $100.00
Retail Food Establishment (Plus DATCP Administrative Fees) (Processing/Sale of Potentially Hazardous Foods) No Processing $ 90.00 Pre-inspection $100.00 Re-inspection $100.00 Processes less than $100,000 $200.00 Pre-inspection $150.00 Re-inspection $150.00 Processes $100,001 and Over $500.00 Pre-inspection $200.00 Re-inspection $200.00
(b) Temporary Food and Drink Establishments No Processing $ 85.00 Processing potentially hazardous foods $170.00 Temporary DHS restaurant license $200.00 (Plus State Administrative fee) Retail DATCP food license $140.00 (Plus State Administrative fee)
(c) Annual School Kitchen Inspection Fees Full Service Kitchen $440.00 Satellite Kitchen $150.00 Pre-Inspection $200.00 Re-Inspection $200.00
(d) Tattoo and/or Body Piercing Establishments (Plus DHS Administrative Fees) Tattoo or body piercing fee $230.00 Combined tattoo and body piercing fee $300.00 Temporary tattoo or body piercing fee $135.00 Temporary tattoo and body piercing fee $220.00 Pre-inspection $200.00 Re-inspection $200.00
(e) Hotel/Motel Permit (Am. #2405) 5 to 30 rooms $235.00 31 to 99 rooms $280.00 100+ rooms $385.00 Pre-inspection $200.00 Re-inspection $200.00
(f) Public Swimming Pool Permit (per pool) $250.00 Pre-inspection $200.00 Re-inspection $200.00
(g) Animal Fancier Permit $ 40.00 Re-inspection $100.00
-18499- C.C.-2/2/10
(h) Grooming Establishment Permit $270.00 Pre-inspection $100.00 Re-inspection $100.00
(i) Kennel Permit $270.00 Pre-inspection $100.00 Re-inspection $100.00
(j) Pet Shop Permit $270.00 Pre-inspection $100.00 Re-inspection $100.00
(k) Late Fee $125.00
(l) Duplicate License Fee $ 25.00
(m) Service Charge for the Collection of Garbage and Refuse See section 12.12(4)
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
c. Ordinance amending Section 10.16 of the Municipal Code relating to Milwaukee County Parks and Parkways Ordinance is to be placed on the NEXT AGENDA.
The Council proceeded with Item #12
17. Items for future agenda - None
18. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to adjourn the meeting at 9:39 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
JG:slw Distributed: February 5, 2010
-18500- C.C.-2/2/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON WEDNESDAY, FEBRUARY 17, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney Chuck Erickson Community Development Manager
2. There was no opening prayer.
3. Pledge of Allegiance
4. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the February 2, 2010 Common Council minutes, as recorded.
After a brief discussion, the motion carried unanimously.
At this time, the Council proceeded with Item #18 5. Mayor’s Report
Mayor Neitzke stated the stormwater utility bills were sent out for the first time associated with the sanitary sewer bill this year. It is five months worth because it took a lot of work to do the calculations. He said other than Franklin, Greenfield was the last community in Milwaukee County to do this. He stated the City did it under extreme pressure from the State of Wisconsin and the regulatory authorities who are requiring the City to comply with a regulation called NR151 which, in essence, requires the removal of suspended solids from storm water 40% removal by 2013. Mayor Neitzke stated he has been a very strong opponent of the regulation.
At this time, the Council proceeded with Item #9
6. Aldermanic Reports
Alderperson Saryan reminded people to purchase tickets to attend the Mardi Gras Gala to benefit the Greenfield Community Center which will be held Saturday, February 27, 2010 from 5:00 p.m. to midnight at the Community Center located next to Greenfield City Hall. Tickets are available in the Park & Recreation Department office.
The Mayor proceeded with Item #5
-18501- C.C.-2/17/10 7. Announcements – was not taken up at this meeting.
8. Citizen Commentary - None
9. Public hearing for approval of a Planned Unit Development Amendment requested by Tarantino & Co. representing the School Sisters of St. Francis, School Sisters of Notre Dame, Clement Manor Inc. and Community Care Inc. for the following at Clement Manor, 3939 South 92nd Street: Phase One: Proposed construction of a new 44-unit, single-story memory care facility in the southwest corner of the property called “Our Lady of the Angels” and Phase Two: Future addition to south end of existing health center building area which may include addition of eight private rooms, some administrative area addition, and a separate entrance into the facility’s short-term rehabilitative area. Phase Two area also includes the required stormwater basin designed to handle run-off from site improvements for both Phase One & Two, Tax Key #568-9999-006.
Notice of public hearing was published in the City’s newspaper on January 28, 2010 and February 4, 2010.
Chuck Erickson, Community Development Manager, said this public hearing concerns the issue of doing both of these projects at some point in time. He said some day when the demographics change when there may not be nuns in the facility, there will be a transition to lay people potentially. Mr. Erickson stated Mr. Tarantino and his team are present this evening to address their intentions. He said the focus with Phase One is the ability to construct on the southwest corner. With Phase Two, there are some additions that would occur on the existing Clement Manor building. He added that this evening’s agenda also includes doing detailed site and building review for the Our Lady of the Angels project this evening, but the details related to the second phase have been submitted for consideration at the March, 2010 Plan Commission meeting. He said the timing has come together where they will be 2010 projects, depending what will happen with consideration by the Council this evening. Mr. Erickson stated one of the items that has been part of the discussion with Mr. Tarantino and his team deals with the acronym PILOT (Payment In Lieu of Taxes). Mr. Tarantino and his team are willing to enter into an agreement based on a methodology that they are proposing. The discussions regarding the method and final numbers are something that would occur at a later time. The Plan Commission had a favorable recommendation pertaining to both phases of this project. He stated that Clement Manor deals with the care of elderly within the metropolitan area and has been located at the site for several years with the vacant area at the southwest corner of the site. The Plan Commission has focused in on what type of buffer element can be created through the area. A very detailed plan has been provided. The other important feature of this type of development is the handling of stormwater management. The site plan contains the appropriate grading and area set aside for a storm basin to accommodate the impact of the new impervious surface on the property so it is controlled onsite before it is discharged further to the south.
The following addressed the Council against the proposal:
Leon Adraktas, 9310 West Waterford Avenue Duane S. Graf, 9410 West Waterford Avenue
The following registered in favor of the proposal, but did not speak:
Richard J. Rau, 3939 South 92nd Street, representing Clement Manor Inc. Paul F. Soczynski, 1555 South Layton Boulevard, Milwaukee, representing Community Care, Inc. Sister Joanne Armatowski, 13105 Watertown Plank Road, representing Our Lady of the Angels Sister Regina P. Meserney, 1515 South Layton Boulevard, representing our Lady of the Angels, Inc.
-18502- C.C.-2/17/10
James Tarantino, 20711 Watertown Road, Waukesha, representing our Lady of the Angels, stated the issue of setback was raised during neighborhood meetings. He said the building has since been pushed back to create a larger setback. The roofline was reduced approximately 2.5 ft. He stated it is planted in a rather excellent level of design that will create a buffer between the properties. Mr. Tarantino stated the two neighbors on either side were supportive of the development after the neighborhood meeting. He added that a detailed discussion was held at the neighborhood meeting with regard to how the stormwater management system for the property would work.
Kevin Byrne, landscape architect with Kapur & Associates, 7711 North Port Washington Road, stated the MMSD (Milwaukee Metropolitan Sewerage District) guidelines for stormwater are followed. He said there will not be any additional volumetric release as compared to how the site currently exists. It is a wet pond that will be lined so there shouldn’t be any issue regarding leaching through the ground. Per the diagrams created for stormwater, the actual Clement Manor site would flood, based on the elevations of the site, before water would spill over the property lines. He stated that for water to be released to the south, there would have to be four feet of water at the existing Clement Manor building to the north of the Our Lady of Angels site. He added the detention basin will be part of Phase One. Mr. Byrne stated that with respect to the landscaping, they have worked with the City Forester and Mr. Erickson to develop a screening plan for the south and west sides of the property in accordance with City ordinances that was presented at a neighborhood meeting. There is a berm that vegetation will be planted on and, for the most part, the homes along the south side are lower than what the berm and planting elevations are.
The following addressed the Council for information only:
Dean Larson, 4041 South 96th Street
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Planned Unit Development Amendment requested by Tarantino & Co. representing the School Sisters of St. Francis, School Sisters of Notre Dame, Clement Manor Inc. and Community Care Inc. for the following at Clement Manor, 3939 South 92nd Street: Phase One: Proposed construction of a new 44-unit, single-story memory care facility in the southwest corner of the property called “Our Lady of the Angels” and Phase Two: Future addition to south end of existing health center building area which may include addition of eight private rooms, some administrative area addition, and a separate entrance into the facility’s short-term rehabilitative area. Phase Two area also includes the required stormwater basin designed to handle run-off from site improvements for both Phase One & Two, Tax Key #568-9999-006.
After a discussion, on a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #11
-18503- C.C.-2/17/10 10. Legislative Committee Meeting held May 18, 2009
Item #8 Adopt an ordinance amending Section 18.15(5)(a) of the Municipal Code relating to limitations to open burning
During a discussion, Lori Solberg, 3340 West Layton Avenue, addressed the Council in opposition to limitations to open burning.
This item is to be placed on the NEXT AGENDA so the Fire Chief can be in attendance.
At this time, the Council proceeded with Item #12
11. Plan Commission Meeting held January 12, 2010 (action taken on Items 4 & 5 at 1/19/10 Council meeting)
Item #6 It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve a Planned Unit Development/Site, Building, Landscaping Review for the proposed construction of a new 44-unit, single-story memory care facility in the southwest corner of the Clement Manor site (Phase One) at 3939 South 92nd Street, subject to Plan Commission and staff comments, with the understanding that there are still issues to be worked out regarding stormwater and PILOT fees, Tax Key #568-9999-006. On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #13
12. Legislative Committee Meeting held January 18, 2010 (action taken on Items 3, 4 & 6 at 2/2/10 Council meeting)
Item #5 It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to adopt an ordinance amending Section 10.16 of the Municipal Code as applicable to city parks, trailways, bike paths, and parklands.
After a discussion, the motion carried unanimously.
At this time, the Council proceeded with Item #26a
13. Board of Public Works Meeting held January 26, 2010 (action taken on Items 12, 13, 14 & 15 at 2/2/10 Council meetings)
It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the following:
Item #5 Proposed property exchange and storm sewer easement on the property of William and Judith Jochem, 8127 & 8141 West Howard Avenue, Tax Key Nos. 570-9000 & 570-8999
Item #6 Claim of Robert Roloff, 7033 West Armour Avenue, Tax Key No. 604-0118, to dismiss the $750.00 charge for a catch basin
-18504- C.C.-2/17/10
Item #7 Request of John Roberts, 4823 South 96th Street, to defer the special assessment of $300.00 at his adjacent vacant property at Tax Key No. 614-1024 until such time that this lot is built on, Project 2006 #8
Item #9 Proceed with planning, organizing, and applying for grant funds for Wisconsin Department of Transportation’s Safe Routes to School (SRTS) program and recommend the Mayor appoint a five to eight member task force to sunset on December 31, 2011, Project 2006 #27 (Note: Mayor Neitzke appointed Scott Jaquish, Director of Parks & Recreation; Nancy Zambrowski of the Whitnall School District; Bruce Bailey of the Greenfield School District; Deputy Inspector Bradley Wentlandt or his assigned from the Greenfield Police Department; Rick Sokol, Director of Neighborhood Services, or his assigned; and Alderperson Linda Lubotsky to serve on the committee.)
On a roll call vote, the motion carried unanimously.
14. Finance & Human Resources Committee Meeting held February 10, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the following:
Item #4 Consulting agreement with AECOM, Inc. to provide sanitary sewer/CMOM reporting and advisory services
Item #5 Renewal agreement between the City and National Insurance Services for long-term disability insurance
Item #7 Schedules of disbursements in the amounts of $188,204.22; $117,210.38; $111,799.05; $843,233.23; $13,715.37; $2,436.32; $125,423.00; $116,433.60; $6,715.87; $2,270.38; $26,980,818.83; $68,713.74 and ($184.32)
Item #8 Mileage reimbursements in the amount of $723.05
Item #8a 2010 Wisconsin Parks and Recreation Association Theme Park Ticket agreement
Item #8b Agreement with Challenger Sports to host summer soccer camps
On a roll call vote, the motion carried unanimously.
Item #3 After a discussion, during which Attorney Pyzyk and Rick Sokol, Director of Neighborhood Services; and Ronald Zechel, 544 East Ogden Street, representing Clear Wireless addressed the Council, it was determined the Consent and access agreement with AT&T to use the AT&T radio tower located adjacent to the Greenfield Public Library is to be placed on the NEXT AGENDA.
-18505- C.C.-2/17/10 15. Plan Commission Meeting held February 16, 2010
It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve the following:
Item #4 A Site/Building Review as it relates to exterior building lighting at Fresh Mexican Grill and More (i.e. formerly Omega Custard), 4695 South 108th Street, subject to Plan Commission and staff comments, Tax Key #609-0030-001
Item #5 A Site/Landscaping Review for closing a driveway near the northwest corner of the PyraMax Bank parking lot from the Southridge Mall “outer road” at 7001 West Edgerton Avenue, subject to Plan Commission and staff comments, Tax Key #650-9000-012
Item #7 A Special Use for the purpose of co-locating wireless antenna attachments and installing a ground-based equipment cabinet on the Time-Warner antenna/site, 5475 West Abbott Avenue, and consider this a minor change, subject to Plan Commission and staff comments, Tax Key #648-0025-005
Item #8 A Special Use for the purpose of co-locating wireless antenna attachments and installing a ground-based equipment cabinet on the cell tower/site at the rear of the Braeger Mitsubishi Motors parcel, 6123 South 27th Street, and consider this a minor change, subject to Plan Commission and staff comments, Tax Key #691-9841-009
Item #9 A Special Use Review for the purpose of re-opening ‘Las Palmas’ restaurant, 6869 West Forest Home Avenue, subject to Plan Commission and staff comments, and per the hours of operation identified by Mr. Letizia, Tax Key #571-8957-002
After a discussion, on a roll call vote, the motion carried unanimously.
At this point, it was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to reconsider issuing a Class A to Karl Rajani at South 124th Street & West Layton Avenue BP. On a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner & Saryan voting yes; Alderpersons Lubotsky & Akers voting no.
After a discussion, Alderperson Pietrowski stated he would withdraw his motion.
Mayor Neitzke noted a vote was already taken on the motion.
Attorney Pyzyk stated the motion to reconsider reopened the discussion and indicated any motion can be made.
It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to approve a Special Use Amendment for Karl Rajani to be able to sell beer at the Layton Petro Mart at 12345 West Layton Avenue, [Key #611-8980-007].
After further discussion, on a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
-18506- C.C.-2/17/10 At this point, the Council proceeded with Item #27
16. City Clerk’s Report:
a. Claim received from Elizabeth Maternowski for excessive assessment in 2009 of the property located at 3363 South Strothmann Drive was referred to the CITY ATTORNEY
See action taken in Item #26c of these minutes.
b. Claim received from Walgreen Company for excessive assessment in 2009 of the properties located at 4688 South 108th Street and 4405 West Layton Avenue was referred to the CITY ATTORNEY
c. Claim received from John & Pamela Carter for excessive assessment in 2009 of the property located at 8836 West Dosie Avenue was referred to the CITY ATTORNEY
At this time, the Council proceeded with Item #26c
17. Appointments to various committees and commissions:
Mayor appointments, confirmed by Council:
It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to confirm the Mayor’s reappointment of James Podewils, 11930 West Van Norman Avenue, as a member to the Community Development Authority for a term to expire February 19, 2014. Motion carried unanimously.
At this time, the Council proceeded with Item #25
18. It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve the issuance of an operator license to the following:
Neder, Kimberly M.-S101 W32805 Patten Dr. Wagner, Jessica L.-2137 S. 75th St.
Motion carried unanimously.
19, 20, 21, 22 & 23.
It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to approve the following:
Combination “Class A” Fermented Malt Beverage & Liquor License for Viet Hoa Greenfield Supermarket Inc., Quinn V. Tran, Agt., for the property located at 5455 South 27th Street (Viet Hoa Supermarket) (Note: This license was approved 6/16/09 under the previously assigned address of 5467 South 27th Street, however, the Division of Inspection Services has since changed the address to 5455 South 27th Street)
-18507- C.C.-2/17/10
Combination “Class B” Fermented Malt Beverage & Liquor License for Viet Hoa Greenfield Restaurant Inc., Quinn V. Tran, Agt., for the property located at 5465 South 27th Street (Imperial Buffet) (Note: This license was approved 6/16/09 under the previously assigned address of 5479 South 27th Street, however, the Division of Inspection Services has since changed the address to 5465 South 27th Street)
Entertainment License for Bounce Realm LLC, Lidia Saypanya, Manager, for the property located at 4595 South 27th Street
Parade License for Badger Trails, Inc. for a hiking event to be held Saturday, April 24, 2010 from 8:00 a.m. until 4:00 p.m. as follows: Parade will assemble between 8:00 a.m. and 10:00 a.m. at Scout Lake Park Pavilion, with the parade route originating at Scout Lake Park, 5901 West Loomis Road, in Greendale and proceeding west on West Loomis Road to Root River Parkway [that goes through the City of Greenfield] and following the parkway to Greenfield Park Picnic Area #2 Pavilion [in West Allis]. (Vehicles will be used for safety, first aid, and security only.)
Temporary Class “B” Retailer’s License for Harley Owners Group-Milwaukee Chapter to sell fermented malt beverages at the following events to be held at House of Harley-Davidson, 6221 West Layton Avenue:
Name of Event Type of Event Date of Event Indoor/Outdoor Time of Event Spring Bike Show Bike Show May 15, 2010 Outdoor 9:00 a.m.-7:00 p.m. Vince Lombardi Dinner with the July 16 - 6:00 p.m.-10:00 p.m. Starrs & Ride to Daylight Charity Ride & Dinner July 16 & 17, 2010 Outdoor July 17 – 8:00 a.m.-4:00 p.m. Milwaukee Rally Harley-Davidson Rally September 2-5, 2010 Outdoor 9:00 a.m.-7:00 p.m. Fisher House Ride Charity Ride & Party September 11, 2010 Outdoor 11:00 a.m.-5:00 p.m. Latin American Motorcycle Charity Event to Benefit Association Charity Party the Milwaukee L.A.M.A. September 19, 2010 Outdoor 1:00 p.m.-5:00 p.m. Cheap, Fast & Dirty Classic Bike/Car Show September 25, 2010 Outdoor 9:00 a.m.-5:00 p.m.
Motion carried unanimously.
24. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the request from the House of Harley, 6221 West Layton Avenue, for a Temporary Use Permit(s) to erect tents in their parking lot during 2010 for the following events:
Event Date Event time Requested Tent-up-time Spring Bike Show Sat., 5/15 9 a.m. – 7 p.m. 5/13 – 5/17 Lombardi Dinner & Ride Sat., 7/17 8 a.m. – 4 p.m. 7/15 – 7/19 Milwaukee Rally Thurs – Sun., 9/2 – 9/5 9 a.m. – 7 p.m. 8/31 (up) Fisher House Benefit Sat., 9/11 11 a.m. – 5 p.m. • Latin Amer. Motor. Assoc. Sun., 9/19 1 p.m. – 5 p.m. • Cheap Fast Dirty Bike Sat., 9/25 9 a.m. – 5 p.m. 9/27 (down)
-18508- C.C.-2/17/10 After a discussion, the motion carried unanimously.
At this time, the Council proceeded with Item #10
25. It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to confirm the Mayor’s following appointments to Business Improvement District Board #1:
John Albanese 5033 South 27th Street owner of Advanced Welding Supply Co. Jim Povlick 2740 West Cold Spring Road owner of Povlick Excavating Tara Cavazos 4333 South 27th Street Branch Manager of US Bank
Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to confirm the Mayor’s following appointments to Business Improvement District Board #2:
Todd Reardon 4100 South 27th Street, Milwaukee owner of auto dealer properties on South 27th Street Doug Dorszynski 12035 West Crawford Court member of Plan Commission & Chair of both TIF Joint Review Boards Julio Cesar Maldonado 4739 West Edgerton Avenue owner of Maldonado & Associates
Mayor Neitzke noted that Mr. Dorszynski and Mr. Maldonado are ad hoc members; they do not have to reside on the street itself.
Motion carried unanimously.
Appointments to Business Improvement District Boards #1 & #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA as additional appointments are needed.
At this time, the Council proceeded with Item #6
26. City Attorney’s Report:
a. It was moved by Alderperson Akers, seconded by Alderperson Kastner, to adopt Ordinance No. 2693. ORDINANCE NO. 2693
AN ORDINANCE AMENDING SECTION 10.16 OF THE GREENFIELD MUNICIPAL CODE RELATING TO MILWAUKEE COUNTY PARKS AND PARKWAYS ORDINANCE
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 10.16 of the Municipal Code is hereby amended as follows:
“10.16 Adoption of Milwaukee county parks and parkways ordinance.
-18509- C.C.-2/17/10 The provisions of the county ordinances describing and defining rules and regulations with respect to county parks and parkways in the following enumerated sections of CH. 47, General Ordinances, and amendments thereto, exclusive of any provisions therein relating to the open carry of guns, weapons, etc. unless prohibited by state law, to the penalties to be imposed, or the punishment for violations of such general ordinances incorporated herein by reference is required or prohibited by this section.”
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #16
b. Ordinance amending Section 18.15(5)(a) of the Municipal Code relating to open burning is to be placed on the NEXT AGENDA.
At this time, the Council proceeded with Item #17
c. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to adopt Resolution No. 3325.
RESOLUTION NO. 3325
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by ELIZABETH MATERNOWSKI, for excessive assessment in 2009 of the property located at 3363 South Strothmann Drive, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within 90 days of the date of receipt of this disallowance.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #26b
27. Items for future agenda - None
-18510- C.C.-2/17/10 28. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adjourn the meeting at 8:45 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
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Distributed: February 23, 2010
-18511- C.C.-2/17/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, MARCH 2, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney Chuck Erickson Community Development Manager
2. An opening prayer was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the February 17, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. Mayor’s Report
a. Sue Porter, Senior Analyst with Ehlers & Associates, Inc., addressed the Council regarding the 2010 Capital Finance Plan. She indicated the two purposes in the 2010 Capital Plan are the road program and fire equipment.
After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Saryan, to adopt Resolution No. 3326 for the purpose set forth in the resolution.
RESOLUTION NO. 3326
INITIAL RESOLUTION AUTHORIZING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $1,035,000
BE IT RESOLVED by the Common Council of the City of Greenfield, Milwaukee County, Wisconsin, that there shall be issued, pursuant to Chapter 67, Wisconsin Statutes, General Obligation Bonds in an amount not to exceed $1,035,000 for the purpose of paying the cost of fire engine acquisition, capitalized interest and bond issuance costs.
-18512- C.C.-3/2/10 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to publish a Notice to Electors in Greenfield NOW (A MyCommunityNOW.com site), within fifteen (15) days of the adoption and recording of the foregoing resolution.
BE IT FURTHER RESOLVED that the Finance Director (in consultation with the City’s financial advisor, Ehlers & Associates, Inc.) shall prepare or cause to be prepared an Official Notice of Sale and an Official Statement and take other actions necessary for the sale of the Bonds on April 7, 2010 which shall include seeking alternative bids for the Bonds to be issued as tax-exempt obligations or taxable Build America Bonds.
ADOPTED , 2010 APPROVED , 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
b. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to adopt Resolution No. 3327 for the purpose set forth in the resolution.
RESOLUTION NO. 3327
INITIAL RESOLUTION AUTHORIZING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $2,420,000
BE IT RESOLVED by the Common Council of the City of Greenfield, Milwaukee County, Wisconsin, that there shall be issued, pursuant to Chapter 67, Wisconsin Statutes, General Obligation Bonds in an amount not to exceed $2,420,000 for the purpose of paying the cost of street improvements, related storm and sanitary sewer improvements, capitalized interest and bond issuance costs.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to publish a Notice to Electors in Greenfield NOW (A MyCommunityNOW.com site), within fifteen (15) days of the adoption and recording of the foregoing resolution.
BE IT FURTHER RESOLVED that the Finance Director (in consultation with the City’s financial advisor, Ehlers & Associates, Inc.) shall prepare or cause to be prepared an Official Notice of Sale and an Official Statement and take other actions necessary for the sale of the Bonds on April 7, 2010 which shall include seeking alternative bids for the Bonds to be issued as tax-exempt obligations or taxable Build America Bonds.
ADOPTED , 2010 APPROVED , 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
-18513- C.C.-3/2/10
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
6. Aldermanic Reports - None
7. Announcements - None
8. Citizen Commentary - None
9. Public hearing for the discontinuance and vacation of a 30’ x 85’ section of right-of-way at 5319 South 43rd Street abutting Tax Key Nos. 647-9949-002, 647-9948 and 647-9950
Notice of public hearing was published in the City’s official newspaper on February 4, 2010; February 11, 2010; and February 18, 2010.
Chuck Erickson, Community Development Manager, stated on the west side of South 43rd Street, between West Edgerton Avenue and West Grange Avenue, there is additional right-of-way. The Plan Commission and the Board of Public Works recommend eliminating that 30 ft. wide area and returning the right-of-way to the abutting property owner. The utility lines are outside the area.
Mayor Neitzke stated a note was received from Gerald & Noreen A. Esselman, 5319 South 43rd Street, in favor of the vacation. A note was also received from Gregory Jackowski, 4424 South 114th Street, representing Gerald Jackowski, 5305 South 43rd Street, indicating he has no objection to the proposed vacation.
No one appeared in favor or in opposition to the proposed vacation.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to adopt Resolution No. 3328.
RESOLUTION NO. 3328
WHEREAS, the public interest requires that the following section of right-of-way at 5319 South 43rd Street be discontinued and vacated, legally described, to-wit:
The West 30 feet of the East 85 feet of the following: The North 125.12 feet of the South 1,195.12 feet of the East 225 feet of the Southeast 1/4 of Section 26, Township 6 North, Range 21 East, in the City of Greenfield, Milwaukee County, State of Wisconsin.
-18514- C.C.-3/2/10 WHEREAS, it appears that this resolution was introduced before the Common Council of the City of Greenfield on January 5, 2010 and a Notice of Hearing was published in the Greenfield NOW, the official City newspaper formerly known as MyCommunityNow.com and the Greenfield Observer, on February 4, 2010; February 11, 2010; and February 18, 2010; that a copy of said Notice was served on the owners abutting the said right-of-way to be discontinued, namely:
KEY NUMBER PROPERTY OWNER & ADDRESS
647-9948 Thomas E. & Nancy A. Eltrich-5325 South 43rd Street, Greenfield, WI 53220 647-9949-002 Gerald & Noreen Esselman-5319 South 43rd Street, Greenfield, WI 53220 647-9950 Gerald Jackowski-c/o Gregory Jackowski, 4424 South 114th Street, Greenfield, WI 53228 on the 21st day of January, 2010 and the 22nd day of January, 2010 and it further appears that no sufficient written objection to said discontinuance and vacation was filed with the City Clerk; and it appears that a public hearing was held before the Common Council of the City of Greenfield on the 2nd day of March, 2010; and
WHEREAS, a Notice of Pendency of Application to Vacate in the above matter was recorded with the Register of Deeds for Milwaukee County, as required by law, on the 17th day of December, 2009.
NOW, THEREFORE, in accordance with the authority vested in the Common Council by Section 66.1003 of the Wisconsin Statutes;
BE IT RESOLVED by the Common Council of the City of Greenfield that the following be discontinued and vacated, legally described, to-wit:
The West 30 feet of the East 85 feet of the following: The North 125.12 feet of the South 1,195.12 feet of the East 225 feet of the Southeast 1/4 of Section 26, Township 6 North, Range 21 East, in the City of Greenfield, Milwaukee County, State of Wisconsin. be and the same hereby is vacated and discontinued.
ADOPTED , 2010 APPROVED , 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
10. Legislative Committee Meeting held May 18, 2009
Item #8 It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to adopt an ordinance amending Section 18.15(5)(a) of the Municipal Code relating to limitations to open burning.
During a discussion, Mayor Neitzke read a letter from Lori Solberg, 3340 West Layton Avenue, objecting to any changes with regard to open burning.
-18515- C.C.-3/2/10 On a roll call vote, the motion lost with Alderpersons Lubotsky, Kastner & Akers voting no; Alderpersons Pietrowski & Saryan voting yes.
11. Finance & Human Resources Committee Meeting held February 10, 2010
Item #3 Rick Sokol, Director of Neighborhood Services addressed the Council.
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve a consent and access agreement with AT&T to use the AT&T radio tower located adjacent to the Greenfield Public Library.
During discussion, it was determined once the term expires, those revenues come to the City of Greenfield. They don’t continue to go back to AT&T.
After further discussion, the motion carried unanimously.
12. Legislative Committee Meeting held February 15, 2010
Item #3 It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to adopt an ordinance amending the “Public Nuisance” Ordinance (Chapter 11.03) and involvement of the Zoning Board of Appeals.
After a discussion, it was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to amend the motion to add the following language to Section 11.03(c)3 ‘If the applicant prevails on the appeal, the $75.00 fee should be refunded’.
Rick Sokol, Director of Neighborhood Services, addressed the Council during further discussion.
On a roll call vote, the motion carried unanimously.
After further discussion, on a roll call vote on the original motion as amended, the motion carried unanimously.
13. Board of Public Works Meeting held February 23, 2010
Item #7 It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve a 90/10 cost-sharing agreement with Wisconsin Department of Transportation for sanitary sewer modifications near I-894 and South 30th Street, Project 2006 #16. On a roll call vote, the motion carried unanimously.
14. Finance & Human Resources Committee Meeting held February 24, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
-18516- C.C.-3/2/10
Item #2 Accept 2009 Accounting and Sample Funding Report of Liabilities for Post-Employment Benefits (OPEB), as completed by Key Benefit Concepts, LLC
Item #8 Schedules of disbursements in the amounts of $1,595.00; $6,708.97; $169,943.57; $350,163.13; $2,093.67, and $2,472.22
Item #9 Mileage reimbursements in the amount of $242.05
Item #10 Investments and reinvestments in the amounts of $29,111,399.61 and $11,922,085.62
On a roll call vote, the motion carried unanimously.
Item #5 It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve a Side Letter of Agreement with Firefighter’s Local 1963 regarding a Non-Emergency Transport program, with a 30-day clause to terminate by either party.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
Item #6 It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve filling vacancies in the Fire Department due to two retirements.
It was moved by Alderperson Pietrowski to amend the motion to fill one vacancy in the Fire Department instead of two. Motion died for lack of a second.
On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
Item #6a It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve filling a vacant Police Officer position.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
15. City Clerk’s Report:
Claim received from James Schroeter for excessive assessment of his property at 3715 West Holmes Avenue in 2009 was referred to the CITY ATTORNEY.
See action taken in Item #23a of these minutes.
-18517- C.C.-3/2/10 16. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the issuance of an operator license to each of the following:
Chaudhari, Vandana B.-5921 W. Cold Spring Rd. Kaur, Harpinder-6260 S. 51st St. Nakles, Kara A.-4300 S. 49th St. Patel, Dimesh K.-4635 S. 20th St. Patel, Phoram P.-4893 S. Waterview Ct. Waranka, Elizabeth A.-427 S. 93rd St.
Motion carried unanimously.
17. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the request for a change of agent for The Noodle Shop, Co.-Wisconsin, Inc., 4859 South 76th Street, from Kelly M. Ditch to Jane F. Neustaedter, N22 W27971 Edgewater Drive (Noodles & Company). Motion carried unanimously.
18. Longshots Sports Bar Inc., Donald D. Habermehl Jr., Agt., requests an extension of their 2010-2011 Combination “Class B” Beer & Liquor License and their 2010-2011 Entertainment License to the parking lot at 5045 West Loomis Road to hold a benefit for Breast Cancer on Saturday, August 21, 2010 with a motorcycle ride ending at Longshots Sports Bar at approximately 3:00 p.m. and a band or DJ in the parking lot from 3:00 p.m. to 8:00 p.m. There will be a tent outside with an area roped off for motorcycle parking. (Note: Since the Council will vote on the issuance of the 2010-2011 Combination “Class B” Beer & Liquor License and the 2010-2011 Entertainment License for this establishment at a future meeting, approval of the extension of licenses for August 21, 2010 should be subject to issuance of said licenses.)
Mayor Neitzke stated he read an email from Roy Stuesser, 5210 South 51st Street, indicating he is against the event being held at Longshots Sports Bar unless they have permission or have purchased the land next to the establishment as there is not enough room for a tent and parking and also due to the noise problem associated with the establishment.
It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve the request of Longshots Sports Bar Inc., Donald D. Habermehl Jr., Agt., to extend their 2010- 2011 Combination “Class B” Beer & Liquor License and their 2010-2011 Entertainment License to the parking lot at 5045 West Loomis Road to hold a benefit for Breast Cancer on Saturday, August 21, 2010 with a motorcycle ride ending at Longshots Sports Bar at approximately 3:00 p.m. and a band or DJ in the parking lot from 3:00 p.m. to 8:00 p.m., subject to the issuance of the 2010-2011 Combination “Class B” Beer & Liquor License and the 2010-2011 Entertainment License for this establishment.
After a discussion, on a roll call vote, the motion carried unanimously.
19. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve a Temporary “Class B” Retailer’s License for USPEH Slovenian Chorus to sell fermented malt beverages and wine at a USPEH Slovenian Chorus Spring Concert on Sunday, April 25, 2010 from 2:00 p.m. to 7:00 p.m. at 8500 West Cold Spring Road. Motion carried unanimously.
-18518- C.C.-3/2/10 20. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve a Temporary “Class B” Retailer’s License for St. Thomas of Canterbury Episcopal Church to sell fermented malt beverages and wine at a dinner and auction to be held in the first floor dining room at Clement Manor, 9405 West Howard Avenue, on Saturday, April 17, 2010 from 5:30 p.m. to 10:00 p.m. Motion carried unanimously.
21. Appointments to Business Improvement District Boards #1 & #2 by the Mayor, subject to confirmation by the Council (Erickson) (Note: some appointments made at 2/17/10 Council meeting)
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to confirm the Mayor’s transfer of the appointment of Tara Cavazos to Business Improvement District Board #1 made on February 17, 2010 to Business Improvement District Board #2 as she also works at Romine’s High Pockets, 6125 South 27th Street. Motion carried unanimously.
It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to confirm the Mayor’s appointment of Troy Chowanec, 5420 South Honey Creek Drive, to Business Improvement District #2. Motion carried unanimously.
22. Discussion and decision regarding a resolution in support of the Milwaukee Gateway Aerotropolis Corporation Collaborative Planning Efforts
Chuck Erickson, Community Development Manager, addressed the Council.
After a discussion, it was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to adopt Resolution No. 3329.
RESOLUTION NO. 3329
A RESOLUTION IN SUPPORT OF THE MILWAUKEE GATEWAY AEROTROPOLIS CORPORATION COLLABORATIVE PLANNING EFFORTS
WHEREAS, the City of Greenfield conducts planning and development activities designed in part to enhance economic development, improve housing conditions, and foster growth, and
WHEREAS, the Airport Area Economic Development Task Force (AAEDTF) held its first meeting in March of 2008, at the initiative of City of Milwaukee Alderman Terry L. Witkowski, and
WHEREAS, the AAEDTF has continued to meet over the last 18 months, and
WHEREAS, the AAEDTF has enjoyed the participation of elected officials and staff from the Communities of Cudahy, Franklin, Greendale, Greenfield, Milwaukee, Oak Creek, Saint Francis and South Milwaukee, and
WHEREAS, the AAEDTF has also had participation from elected officials and staff representing Milwaukee County, General Mitchell International Airport (GMIA), the Port of Milwaukee, the State of Wisconsin, and the Federal Government, and
-18519- C.C.-3/2/10
WHEREAS, business owners, representatives, and staff from the Airport Gateway Business Association, the South Suburban Chamber of Commerce, the Milwaukee Metropolitan Association of Commerce, the Greater Milwaukee Committee, Spirit of Milwaukee, and Visit Milwaukee, have also participated in the Task Force, and
WHEREAS, the University of Wisconsin – Milwaukee has provided staff support and assisted in visioning and initial strategic planning for the Task Force, and worked towards better collaboration of planning efforts and development standards for the areas surrounding GMIA, and
WHEREAS, the Southeastern Wisconsin Regional Planning Commission, GMIA, and each of the municipalities noted, participated in a review of their land use and area plans for the Airport area, in a session in September of 2008, aimed at better coordination of individual plans, and
WHEREAS, at a meeting of the Task Force in July of 2009, a motion was made to examine the potential for incorporating the Task Force into a 501 (c) 3, non-profit organization or other appropriate entity, to carry on the work of the AAEDTF on behalf of the participating governmental entities, and
WHEREAS, that motion was unanimously supported by those in attendance, and
WHEREAS, a committee was formed to examine alternatives for creation of an entity that would allow for continuation of the Task Force’s efforts, and
WHEREAS, that committee reported back to the full Task Force at a meeting in September of 2009, and
WHEREAS, at that meeting, a Vision Statement, Mission Statement, Goals and Founding Principles were discussed, modified and unanimously adopted by the full group, and WHEREAS, that Mission Statement reads in part, that, “The Gateway Aerotropolis is a public-private partnership focused around GMIA that fosters regional economic collaboration.”, and
WHEREAS, one of the Founding Principles reads in part, that “Milwaukee County and City governments plus all municipal jurisdictions in the Gateway region will participate in this development initiative and, where appropriate, will designate staff and assist with funding efforts for planning and implementation activities to achieve the Gateway’s goals.”, and
WHEREAS, the AAEDTF recommends the creation of the Milwaukee Gateway Aerotropolis Corporation (the “Corporation”) as a Wisconsin nonstock corporation that will be organized and operated exclusively for charitable and educational purposes within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended (the “Code”), by lessening the burdens of its member governments with respect to the planning and development of a new Milwaukee aerotropolis (the “Milwaukee Aerotropolis”), and specifically by coordinating the planning and development efforts with respect to the Milwaukee Aerotropolis among the Corporation’s members and other regional planning organizations, such as the Southeastern Wisconsin Regional Planning Commission, and
-18520- C.C.-3/2/10 WHEREAS, the Corporation will (1) conduct studies and valuations on behalf of its members regarding the development of the Milwaukee Aerotropolis; (2) make the results of such studies and evaluations available to its members and the general public; and (3) coordinate the planning and development efforts of its member governments with respect to the Milwaukee Aerotropolis; and
WHEREAS, the Corporation will be structured as a membership corporation that will be controlled by its member governments and government instrumentalities, but that also will have representatives appointed by local business associations, and
WHEREAS, the Airport Area Gateway Business Association Board of Directors has authorized the appropriation of up to $15,000 in start-up costs, and allocation of their Executive Director’s and staff time to this effort,
BE IT RESOLVED, that the City of Greenfield does hereby direct that the Corporation be organized and operated exclusively for charitable and educational purposes within the meaning of Code Section 501 (c) (3), and specifically to lessen the burdens of the City of Greenfield by coordinating the City of Greenfield’s planning and development efforts with respect to the Milwaukee Aerotropolis with those of the Corporation’s other members and other regional planning organizations, and
BE IT FURTHER RESOLVED, that any of the members of the AAEDTF be directed to cause the Corporation to be created as a Wisconsin nonstock corporation and to cause the Corporation to execute and file an Application for Recognition of Exemption for the Corporation, including any and all related documents, with the Internal Revenue Service, and
BE IT FURTHER RESOLVED, that the Corporation is directed to (1) conduct studies and evaluations on behalf of the City of Greenfield and the other members regarding the Milwaukee Aeroptropolis; (2) make the results of such studies and evaluations available to its members and the general public; and (3) coordinate the planning and development efforts of its member governments with respect to the Milwaukee Aerotropolis, and
BE IT FURTHER RESOLVED, that the City of Greenfield does hereby endorse and support the creation of the Milwaukee Gateway Aerotropolis organization by allocating $5,000 sometime during 2010 towards this collaborative effort, and,
BE IT FURTHER RESOLVED, that the appropriate staff is authorized to participate as needed in the efforts of this organization, and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Greenfield, Milwaukee County, Wisconsin, that appropriate elected officials and staff will assist in identifying and securing funding to support the Milwaukee Gateway Aerotropolis, and work towards better coordination of planning and development efforts which improve the Airport Gateway area.
ADOPTED , 2010 APPROVED , 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
-18521- C.C.-3/2/10
On a roll call vote, the motion carried unanimously.
23. City Attorney’s Report:
a. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to adopt Resolution No. 3330.
RESOLUTION NO. 3330
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by JAMES SCHROETER, for excessive assessment of his property, located at 3715 West Holmes Avenue, in 2009, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within 90 days of the date of receipt of this disallowance.
ADOPTED , 2010 APPROVED , 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
b. Ordinance amending Section 18.15(5)(a) of the Municipal Code relating to open burning was REMOVED FROM THE AGENDA.
c. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to adopt Ordinance No. 2694. ORDINANCE NO. 2694
AN ORDINANCE AMENDING SECTION 11.03(25)(b) and (c) OF THE MUNICIPAL CODE RELATING TO PUBLIC NUISANCES
The Common Council of the City of Greenfield do ordain as follows:
PART I. SECTION 11.03(25)(b) and (c) is hereby amended to read as follows:
Unsafe, unsanitary, hazardous and unsightly premises.
(a) Order for Removal. Whenever the Health Officer, Building Inspector or Fire Department shall, upon inspection of any premises within the City, find that conditions on such premises create a fire or health hazard, or find that the premises are detrimental to the appearance, neatness and cleanliness of the neighborhood or the City in general, the Health Officer, Building Inspector or Fire Chief, as the case may be, shall order the owner or occupant of such premises, or both, to remove therefrom and dispose of any unsafe, unsanitary, hazardous and unsightly articles or material.
-18522- C.C.-3/2/10 (b) Contents and Service of Order. 1. The order shall specify a time not to exceed 30 days within which the owner or occupant or both shall comply therewith.
2. The order shall also provide that if the owner or occupant is aggrieved by the order of the Health Officer or Building Inspector or Fire Chief, he/she may appeal to the Zoning Board of Appeals, and request a hearing as hereinafter provided.
3. The order shall be served on the owner or occupant, or both, of the premises found unsafe, unsanitary, hazardous or unsightly by the Health Officer, or Building Inspector or Fire Chief by personal service if possible, otherwise by certified mail with return receipt requested, and posting of notice on a conspicuous part of the premises.
(c) Appeal to Zoning Board of Appeals. 1. If the owner or occupant feels aggrieved by the order of the Health Officer or Building Inspector or Fire Chief, as provided herein, he may appeal to the Zoning Board of Appeals within10 days after service of the order upon him and require a hearing.
2. The Zoning Board of Appeals shall conduct a hearing in connection therewith at its next available monthly meeting, after request for an appeal is submitted, provided that the 30 day lead time is met.
3. The fee to appear before the Zoning Board of Appeals is $75.00, and it must be paid at the time when the appeal is submitted.
4. The Zoning Board of Appeals shall hold a hearing upon each appeal giving notice of the date, time, place of such hearing, and the matter to be presented at the hearing as noted on the meeting agenda. Notice of the public hearing shall be given to the appellant, Health Officer or Building Inspector or the Fire Chief, and the owners of all lands immediately adjacent to the subject property, and other parties who submitted correspondence on the matter. At the hearing the appellant may appear in person, by agent, or by attorney.
5. The Chairperson of the Zoning Board of Appeals shall place all witnesses under oath. The Zoning Board of Appeals shall hear all relevant evidence presented for and against the submittal. The Chairperson of the Zoning Board of Appeals may rule on exceptions to evidence and permit examination of witnesses.
6. After the hearing, the Zoning Board of Appeals shall decide on the appeal within no more than five (5) days thereafter shall transmit a written copy of the Zoning Board of Appeals’ decision to the appellant, Health Officer or Building Inspector or the Fire Chief. The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to grant the appeal. Conditions may be placed upon the appeal ordered or authorized by the Zoning Board of Appeals.
-18523- C.C.-3/2/10 7. The provisions of Wis. Stats. 62.23(7)(e)10, shall be followed by any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals. If the applicant prevails on the appeal, the $75.00 fee should be refunded.
PART II. All ordinances or parts of ordinances contravening the provision of this ordinance are hereby repealed.
PART III. All ordinances shall take effect and be in force from and after its passage and publication.
ADOPTED , 2010 APPROVED , 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
24. Items for future agenda
Additional appointments to Business Improvement District Boards #1 & #2 by the Mayor, subject to confirmation by the Council
25. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adjourn the meeting at 8:20 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
JG:slw
Distributed: March 5, 2010
-18524- C.C.-3/2/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, MARCH 16, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Chuck Erickson Community Development Manager
2. An opening prayer was given by Reverend Jim Leggett.
Mayor Neitzke asked for a moment of silence in honor of Alderperson Pietrowski’s mother who passed away last week. He said his thoughts and prayers, along with the thoughts and prayers of Council members and City staff go out to Alderperson Pietrowski and his family. Mayor Neitzke said he met Alderperson Pietrowski’s mother on a number of occasions and she was a wonderful person.
3. Pledge of Allegiance
4. It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to approve the March 2, 2010 Common Council minutes, with the following correction to Item #5a:
The minutes reflect Sue Porter, Senior Analyst, gave the presentation, however, it was Dawn Gunderson, Vice President and Financial Advisor.
Motion carried unanimously.
5. Mayor’s Report
a. Mayor Neitzke stated the Census forms have arrived in the City of Greenfield and are incorrectly addressed to the City of Milwaukee. He said it is very important that the form be completed. The City has been assured by the Census Bureau that the barcoding information on the form geographically points the form to the correct location within the City. Mayor Neitzke said he has strong concerns about that which have been shared with Congressman Ryan’s office and others. He said the Census is an incredibly important form for the City. He said the City has reservations that it is not being done properly, but it needs to be completed. He said for the next 10 years all the funding formulas that the City would be subject to are dependent on the Census survey. He said developers look at that type of information to determine if that is the area where they want to do business. The Census also determines redistricting which includes aldermanic districts, congressional districts, and state legislative districts. He said he and other Mayors are addressing the address issue.
-18525- C.C.-3/16/10
The Council proceeded with Item #6
b. Mayor Neitzke stated he, Alderperson Lubotsky, Police Chief Frank Springob, along with other local officials went to Madison last week regarding proposed legislation concerning sexual offenders. He said the proposed legislation does not seem to be generating much support. Currently, there are approximately 128 municipalities that have ordinances regarding sex offenders which would be pre-empted by the proposed state legislation.
Alderperson Lubotsky added that the City of Milwaukee has 1,600 sex offenders. The Department of Corrections spoke in Madison. They have a hard time placing the sex offenders [in Milwaukee] so they want to lift ordinances of other municipalities so they can place the sex offenders [from Milwaukee] in all municipalities throughout the State.
Mayor Neitzke stated a number of communities have an appeal process, relating to being placed in an area excluded by the ordinance, that the City of Greenfield ordinance does not have. Other communities have established citizen review panels. He added that it was clear none of the municipalities are trying to shirk responsibility for an offender that may have come from their community.
The Council proceeded with Item #24
6. Aldermanic Reports - None
7. Announcements - None
8. Citizen Commentary – None
At this time, the Council proceeded with Item #10
9. Public hearing for approval of a Special Use, requested by PJO Enterprises of Wisconsin, for the purpose of opening a “Plato’s Closet” store in a vacant tenant space within the multi-tenant building at 7800 West Layton Avenue, Tax Key #605-9956-005
Notice of public hearing was published in the City’s official newspaper on March 4, 2010.
Chuck Erickson, Community Development Manager, presented diagrams of the property in question. He stated the nature of the business is categorized as a secondhand store. The Plan Commission’s recommendation was favorable to approve the Special Use as proposed. Pam Ohman representing Plato’s Closet was present to answer any questions.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the request of PJO Enterprises of Wisconsin to open a “Plato’s Closet” store in a vacant tenant space within the multi-tenant building at 7800 West Layton Avenue, Tax Key #605-9956-005, as identified on a map.
-18526- C.C.-3/16/10
After a brief discussion, on a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #12
10. Board of Public Works Meeting held February 23, 2010 (action taken on Item #7 at 3/2/10 Council meeting)
Item #9 It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to update the 7-Year Capital Improvement Plan by moving reconstruction of West Morgan Avenue, South 43rd Street to West Forest Home Avenue (STH ‘24’), from 2014 to 2012; moving reconstruction of West Edgerton Avenue, South 27th Street (STH ‘241’) to West Loomis Road (STH ‘36’), from 2012 to 2014; and adding reconstruction of South 39th, 40th, and 41st Streets at West Howard Avenue, Project 2006 #29, to the Plan in 2017.
After a discussion, the motion carried unanimously.
11. Plan Commission Meeting held March 9, 2010
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the following:
Item #5 Planned Unit Development Amendment/Site, Building, Landscaping Review for the proposed construction of an addition to the south end of the Clement Manor Retirement Community, 3939 South 92nd Street, along with some administrative space addition, and a separate entrance into the facility’s short-term rehabilitative area; this project was previously identified as “Phase Two” with the ‘Our Lady of Angels’ “Phase One” project at this same site which was approved by the Common Council on February 17, 2010, subject to Plan Commission and staff comments, Tax Key #568-9999-006
Item #6 Special Use for the purpose of removing an existing ‘guyed wire support’ tower (110’ high) with a new ‘guyed wire support’ tower (120’ high) for the purpose of co-locating wireless antenna attachments and installing a ground-based equipment cabinet on the Clear Channel antenna/site, 12100 West Howard Avenue, subject to Plan Commission and staff comments, Tax Key #564-9982-001
Item #9 Special Use for the purpose of co-locating wireless antenna attachments and installing a ground-based equipment cabinet on the communication tower at the rear of the Library/Law Enforcement Center building(s), 5300 West Layton Avenue, subject to Plan Commission and staff comments, Tax Key #602-9975-002
Motion carried unanimously.
Item #11 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a “Building” Review for the purpose of re-painting the water tower at 8775 West Waterford Avenue, subject to Plan Commission and staff comments, but to use the two-tone color combination as originally proposed by the Milwaukee Water Utility, Tax Key #569-8994-002.
-18527- C.C.-3/16/10
After a discussion, Alderperson Kastner withdrew his motion; Alderperson Pietrowski withdrew his second to the motion.
This item is to be placed on the NEXT AGENDA.
At this time, the Council proceeded with Item #9
12. Finance & Human Resources Committee Meeting held March 10, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
Item #3 2010 maintenance agreement with James Imaging for the KIP 3100 copier in the Engineering Division
Item #3a Contract between the State of Wisconsin Department of Health Services and the Greenfield Health Department related to ARRA Immunization and Vaccines for Children and Adults grant funding (September 1, 2009 – December 31, 2011)
Item #6 Resolution relative to funding state mandates on wages, compensation, and any and all related employee benefits that the legislation allow the local government to pass on the new, added total cost to employees
Item #8 Schedules of disbursements in the amounts of $440,066.34; $2,003.17; $113,194.50; $15,832.75; $774,360.00; $189,716.31 and ($1,515.64)
Item #9 Mileage reimbursements in the amount of $609.50
On a roll call vote, the motion carried unanimously.
13. City Clerk’s Report:
a. Claim received from We Energies for damages sustained to a gas main at 8845 West Dosie Avenue as a result of excavating activity by the Department of Public Works on January 18, 2010 was referred to the CITY ATTORNEY.
b. Claim received from James & Judith Cody for damage done to their mailbox by a City snowplow on January 8, 2010
After a discussion, Alderperson Pietrowski asked that this item be placed on the NEXT AGENDA.
14. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of an operator’s license to each of the following:
Moga, Alysia L.-1624 S. 58th St. Rose, Jessica E.-9299 S. 54th St. Vo, Ngan H.-7931 S. 47th St.
Motion carried unanimously.
-18528- C.C.-3/16/10
15. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the issuance of a Class “A” Beer License received from Karl G. Rajani for the property located at 12345 West Layton Avenue (Layton Petro Mart). On a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
16. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve the issuance of a Class “B” Beer License received from Pho Viet LLC, Ngan H. Vo, Agt., for the property located at 5475 South 27th Street (Pho Viet). Motion carried unanimously.
17. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve the issuance of a Temporary Class “B” Retailer’s License to the Greenfield Junior Chamber d/b/a Jaycees to sell fermented malt beverages at the Greenfield Junior Chamber Fourth of July Celebration to be held Sunday, July 4, 2010 from 11:00 a.m. to12:00 a.m. at Konkel Park, 5151 West Layton Avenue. Motion carried unanimously.
At this time, the Council proceeded with Item #18
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to reconsider the approval of the issuance of a Temporary Class “B” Retailer’s License to the Greenfield Junior Chamber d/b/a Jaycees to sell fermented malt beverages at the Greenfield Junior Chamber Fourth of July Celebration to be held Sunday, July 4, 2010 from 11:00 a.m. to 12:00 a.m. at Konkel Park, 5151 West Layton Avenue. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve the issuance of a Temporary Class “B” Retailer’s License to the Greenfield Junior Chamber d/b/a Jaycees to sell fermented malt beverages at the Greenfield Junior Chamber Fourth of July Celebration to be held Sunday, July 4, 2010 from 11:00 a.m. to 11:30 p.m. at Konkel Park, 5151 West Layton Avenue. Motion carried unanimously.
At this time, the Council proceeded with Item #21
18. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the issuance of a Parade License and request to waive the license fee for the Greenfield Junior Chamber d/b/a Jaycees to conduct a Parade on Sunday, July 4, 2010 with the parade route as follows: Assemble at 10:30 a.m. on South 68th Street between West Edgerton Avenue and West Layton Avenue with the parade commencing at 12:00 p.m. at South 68th Street & West Layton Avenue, proceeding east on West Layton Avenue to South 50th Street, (using the eastbound lanes of West Layton Avenue) and ending at the east end of Konkel Park, 5151 West Layton Avenue. Motion carried unanimously.
19. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve the issuance of a Parade License to Ragnarmc200 LLC for The Madison-Chicago 200 Relay to pass through the City of Greenfield on Friday, June 11, 2010 & Saturday, June 12, 2010 from 8:00 p.m. to 1:00 a.m. with the route of the relay as follows: Head west on South Drive (in the City of West Allis) which turns left, connect with Root River Parkway, go straight on Root River Parkway toward West Morgan Avenue, turn left onto West Morgan Avenue, turn right onto South 108th Street, turn left onto West Layton Avenue, turn right onto South 76th Street and continue to Martin Luther High School in the Village of Greendale.
After a discussion, the motion carried unanimously.
-18529- C.C.-3/16/10
Mayor Neitzke noted the Council would like to know if there is any police presence required for traffic control and the number of participants.
20. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the issuance of a Carnival License and request to waive the license fee for the Greenfield Junior Chamber d/b/a Jaycees to hold the Greenfield Jaycees Fourth of July Festival with food and toy vendors, carnival games, inflatables, musical acts and entertainment; and bingo at Konkel Park, 5151 West Layton Avenue, on Sunday, July 4, 2010 from 10:00 a.m. to 12:00 a.m. (set up 7/2/10 & 7/3/10; teardown 7/5/10).
After a discussion, it was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to amend the motion to include the music would end at 11:00 p.m. at Konkel Park, 5151 West Layton Avenue, on Sunday, July 4, 2010. On a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski, Kastner, Akers voting yes; Alderperson Saryan voting no.
During discussion Alissa Arcuri, Chairperson of the Jaycees Fourth of July Committee, addressed the Council.
The original motion, as amended, the motion carried unanimously.
At this time, the Council went back to Item #17
21. Appointments to Business Improvement District Boards #1 & #2 by the Mayor, subject to confirmation by the Council (Erickson) (Note: some appointments made at 2/17/10 & 3/2/10 Council meetings)
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to confirm the Mayor’s appointment of Robert Selin, 5621 South 45th Street, as an ad hoc member, representing the Community Development Authority, to Business Improvement District Board #1, and Gregory Butts, 5659 West Abbott Avenue, who is a property manager at the retail establishments near K-mart, as a regular member to Business Improvement District Board #1. Motion carried unanimously.
The appointment of a regular member to Business Improvement District Board #2 is to be placed on the NEXT AGENDA.
22. City Attorney’s Report
a. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adopt Resolution No. 3331. RESOLUTION NO. 3331
Resolution relative to the City of Greenfield adopting the legislative position stating that if the State Legislature passes any unfunded State Mandates on wages, compensation, and any and all related benefits that the legislation allow the City to pass on the new, added total cost to employees.
WHEREAS, The State of Wisconsin Legislature sometimes passes legislation that mandates local government to provide certain wages, compensation, and related benefits to its employees; and
WHEREAS, Said legislation is passed as an unfunded State mandate which then requires local government to find the local financial resources to satisfy these State imposed requirements; and
-18530- C.C.-3/16/10
WHEREAS, Such State requirements contribute a huge financial burden for local government and its taxpayers; and
WHEREAS, Local government needs a method of relieving itself of this financial burden; now, therefore, be it
RESOLVED, By the Common Council of the City of Greenfield that it hereby establishes the legislative position stating that if the State Legislature passes any unfunded State Mandates on wages, compensation, and any and all benefits (related or not), that the legislation should specifically allow the local government to pass on the new, added total cost of said unfunded mandate to its employees; and, be it
FURTHER RESOLVED, That a copy of this resolution be provided to Governor Doyle, the City's area Senate and Assembly Representatives, as well as the League of Wisconsin Municipalities and the Wisconsin Alliance of Cities.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
b. The Council did not go into closed session pursuant to Wisconsin Statutes, Section 19.85(1)(c) to consider the following:
Discussion regarding personnel matters
c. No action necessary as closed session was not held.
d. No action necessary as closed session was not held.
23. Items for future agenda - None
At this time, the Mayor went back to Item #5b
24. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adjourn the meeting at 7:47 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
JG:slw
Distributed: March 19, 2010
-18531- C.C.-3/16/10
MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON WEDNESDAY, APRIL 7, 2010
1. The meeting was called to order by Mayor Neitzke at 7:03 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney
2. An opening prayer was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the March 16, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. Mayor’s Report
a. Mayor Neitzke read a proclamation proclaiming the week of April 5-11, 2010 as Public Health Week in the City
b. Mayor Neitzke read a proclamation proclaiming April 11-17, 2010 as National Public Safety Telecommunicators Week in the City
Francis C. Springob, Chief of Police, addressed the Council regarding the duties of Emergency Service Dispatchers.
c. Dawn Gunderson of Ehlers & Associates addressed the Council regarding proposals received for the sale of the City’s debt issue.
After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Saryan, to award the sale of $3,455,000 General Obligation Corporate Purpose Bonds to Morgan Keegan & Company out of Memphis, Tennessee, as listed on the bid tabulation. [adopt Resolution No. 3332] RESOLUTION NO. 3332
RESOLUTION AWARDING THE SALE OF $3,455,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS PROVIDING THE FORM OF THE BONDS; AND LEVYING A TAX IN CONNECTION THEREWITH
-18532- C.C.-4/7/10 WHEREAS, on March 2, 2010, the Common Council of the City of Greenfield, Milwaukee County, Wisconsin (the “City”) adopted two Initial Resolutions authorizing the issuance of general obligation bonds in an aggregate amount not to exceed $3,455,000 for the purpose of paying the cost of various public improvements including capitalized interest and issuance expenses, to wit: $1,035,000 for fire engine acquisition and $2,420,000 for street improvements and related storm and sanitary sewer improvements (the “Project”);
WHEREAS, following the adoption of the Initial Resolutions, pursuant to the provisions of Section 67.05 of the Wisconsin Statutes, a notice was published in the MyCommunityNow.com Newspaper on March 11, 2010 stating the purpose and maximum principal amount of said bond issue and describing the opportunity and procedure for submitting a petition requesting a referendum on said bond issue;
WHEREAS, the bonds authorized hereunder will not be issued until the period set forth in Section 67.05(7)(b) of the Wisconsin Statutes has expired and no petition for referendum has been filed;
WHEREAS, the Common Council deems the Project to be within its powers to undertake and therefore to be a public purpose as defined in Section 67.04(1)(b) of the Wisconsin Statutes;
WHEREAS, the Common Council hereby finds and determines that the general obligation bond issues heretofore authorized shall be combined, issued and sold as a single issue of taxable general obligation corporate purpose bonds in the aggregate principal amount of $3,455,000 to finance the cost of the Project;
WHEREAS, the City’s financial advisor, Ehlers & Associates, Inc., Brookfield, Wisconsin has taken the necessary steps to sell the proposed bond issue;
WHEREAS, a notice of sale was published in the Bond Buyer on March 30, 2010 offering the aforesaid general obligation bonds for public sale on April 7, 2010;
WHEREAS, sealed bid proposals were received as summarized in Exhibit C attached hereto; and
WHEREAS, it has been determined that the bid proposal submitted by Morgan Keegan & Company, Inc., Memphis, Tennessee, fully complies with the bid requirements set forth in the Official Notice of Sale and is deemed to be the most advantageous to the City. A copy of said bid is attached hereto as Exhibit A and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City that:
Section 1. Authorization and Award of the Bonds. For the purpose of paying the cost of the Project there shall be borrowed pursuant to Section 67.04 of the Wisconsin Statutes, the principal sum of THREE MILLION FOUR HUNDRED FIFTY-FIVE THOUSAND DOLLARS ($3,455,000). The bid proposal of Morgan Keegan & Company, Inc., Memphis, Tennessee, (the “Purchaser”) is hereby accepted, said proposal offering to purchase the $3,455,000 City of Greenfield Taxable General Obligation Corporate Purpose Bonds, Series 2010A (Build America Bonds-Direct Payment) (the “Bonds”) for the sum of THREE MILLION FOUR HUNDRED TWENTY-FOUR THOUSAND SEVEN HUNDRED THIRTY DOLLARS ($3,424,730.00), plus accrued interest to the date of delivery, resulting in a net interest cost of ONE MILLION SIX HUNDRED SIXTY THOUSAND EIGHT HUNDRED FORTY-TWO DOLLARS AND THIRTY-FOUR CENTS ($1,660,842.34) and a true interest rate of 4.865%. The Bonds bear interest as follows:
-18533- C.C.-4/7/10
Year of Maturity Principal Amount Interest Rate
2011 $ 25,000 1.000% 2012 100,000 1.700 2013 100,000 2.300 2014 100,000 3.000 2015 225,000 3.500 2016 225,000 3.700 2017 225,000 4.000 2018 230,000 4.200 2019 240,000 4.400 2020 250,000 4.600 2021 300,000 4.850 2022 325,000 5.000 2023 350,000 5.150 2024 375,000 5.300 2025 385,000 5.400
Section 2. Designation of Purchaser as Agent. The City hereby designates the Purchaser as its agent for purposes of distributing the Final Official Statement relating to the Bonds to any participating underwriter in compliance with Rule 15c2-12 of the Securities and Exchange Commission.
Section 3. Terms of the Bonds. The Bonds shall be designated “Taxable General Obligation Corporate Purpose Bonds, Series 2010A (Build America Bonds-Direct Payment)”; shall be dated April 27, 2010; shall be in the denomination of $5,000 or any integral multiple thereof; and shall mature serially on April 1 of each year, in the years and principal amounts as set forth above. Interest is payable commencing on October 1, 2010 and semi-annually thereafter on April 1 and October 1 of each year.
Section 4. Redemption Provisions.
A. Optional Redemption. At the option of the City, the Bonds maturing on April 1, 2018 and thereafter shall be subject to redemption prior to maturity on April 1, 2017 or on any date thereafter. Said Bonds shall be redeemable as a whole or in part, from maturities selected by the City and within each maturity by lot, at the principal amount thereof, plus accrued interest to the date of redemption.
B. Extraordinary Optional Redemption. At the option of the City, the Bonds shall be subject to extraordinary redemption prior to maturity, in whole or in part, on any day, at a redemption price equal to 100% of the principal amount redeemed plus accrued interest to the date of redemption, in the event that an Extraordinary Event occurs. An "Extraordinary Event" will have occurred if either (a) Section 54AA or 6431 of the Internal Revenue Code of 1986, as amended (the “Code”) is repealed, amended or modified in a manner which results in a reduction or elimination of the City's 35% cash subsidy payment from the United States Treasury or (b) the United States Treasury fails to make a cash subsidy payment to which the City is entitled and such failure is not caused by any action or inaction by the City.
-18534- C.C.-4/7/10 Section 5. Form of the Bonds. The Bonds shall be issued in registered form and shall be executed and delivered in substantially the form attached hereto as Exhibit B and incorporated herein by this reference.
Section 6. Direct Annual Irrepealable Tax Levy. For the purpose of paying the principal of and interest on the Bonds as the same becomes due, the full faith, credit and resources of the City are hereby irrevocably pledged and there is hereby levied upon all of the taxable property of the City a direct annual irrepealable tax in the years and amounts as follows:
Levy Year Amount Levy Year Amount
2010 $178,535.00 2018 $346,270.00 2011 252,560.00 2019 345,240.00 2012 250,560.00 2020 382,215.00 2013 247,910.00 2021 391,815.00 2014 367,472.50 2022 399,677.50 2015 359,372.50 2023 405,727.50 2016 350,710.00 2024 395,395.00 2017 346,380.00
The aforesaid direct annual irrepealable tax hereby levied shall be collected in addition to all other taxes and in the same manner and at the same time as other taxes of the City levied in said years are collected. So long as any part of the principal of or interest on the Bonds remains unpaid, the tax herein above levied shall be and continues irrepealable except that the amount of tax carried onto the tax roll may be reduced in any year by the amount of any surplus in the Debt Service Fund Account created herein.
Proceeds of the Bonds in the amount of $42,726.01 shall be irrevocably deposited in the Debt Service Fund Account for the Bonds created below and shall be used solely to pay the interest on the Bonds coming due on October 1, 2010.
Section 7. Debt Service Fund Account. There is hereby established in the City treasury a fund account separate and distinct from every other City fund or account designated “Debt Service Fund Account for $3,455,000 City of Greenfield Taxable General Obligation Corporate Purpose Bonds, Series 2010A (Build America Bonds-Direct Payment), dated April 27, 2010.” There shall be deposited in said fund account any premium plus accrued interest paid on the Bonds at the time of delivery to the Purchaser, all money raised by taxation pursuant to Section 6 hereof, all direct payment interest credits received by the City as described in Section 10 hereof and all other sums as may be necessary to pay interest on the Bonds when the same shall become due and to retire the Bonds at their respective maturity dates. Said fund account shall be used for the sole purpose of paying the principal of and interest on the Bonds and shall be maintained for such purpose until such indebtedness is fully paid or otherwise extinguished.
Section 8. Borrowed Money Fund. The proceeds of the Bonds (the “Bond Proceeds”) (other than any premium and accrued interest paid at the time of delivery which must be paid into the Debt Service Fund Account created above) shall be deposited into an account separate and distinct from all other funds and disbursed solely for the purposes for which borrowed or for the payment of the principal of and interest on the Bonds.
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Section 9. Arbitrage Covenant; Exemption from Rebate. The City shall not take any action with respect to the Bond Proceeds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken on the date of the delivery of and payment for the Bonds (the “Closing”), would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and any income tax regulations promulgated thereunder (the “Regulations”).
The Bond Proceeds may be temporarily invested in legal investments until needed, provided however, that the City hereby covenants and agrees that so long as the Bonds remain outstanding, moneys on deposit in any fund or account created or maintained in connection with the Bonds, whether such moneys were derived from the Bond Proceeds or from any other source, will not be used or invested in a manner which would cause the Bonds to be “arbitrage bonds” within the meaning of the Code or Regulations.
The City Clerk, or other officer of the City charged with responsibility for issuing the Bonds, shall provide an appropriate certificate of the City, for inclusion in the transcript of proceedings, setting forth the reasonable expectations of the City regarding the amount and use of the Bond Proceeds and the facts and estimates on which such expectations are based, all as of the Closing.
The City anticipates that the Bonds will qualify for the eighteen month expenditure exemption from the rebate requirements of the Code. The City Clerk or other officer of the City charged with the responsibility of issuing the Bonds, shall provide an appropriate certificate of the City as of the Closing, for inclusion in the transcript of proceedings, with respect to said exemption from the rebate requirements, and the City Clerk or other officer is hereby authorized to make any election on behalf of the City in order to comply with the rebate requirements of the Code. If, for any reason, the City did not qualify for any exemption from the rebate requirements of the Code, the City covenants that it would take all necessary steps to comply with such requirements.
Section 10. Build America Bond Election and Covenants Related Thereto. The City hereby irrevocably elects to have Section 54AA of the Code, specifically including subsection (g) thereof, apply to the Bonds so that the Bonds are treated as “qualified” Build America Bonds as that term is defined in Section 54AA(g) of the Code and eligible for receipt of the direct pay interest credit under Section 6431 of the Code. The City hereby covenants to comply with the requirements of Section 54AA(g) of the Code in order to assure eligibility of the City for receipt of the direct pay interest credit as provided in Section 6431 of the Code. The City hereby further covenants to deposit all such direct pay interest credits received by the City into the Debt Service Fund Account created by Section 7 hereof in order to offset the tax levy required for the Bonds. The City hereby further covenants that, to the extent possible under state law and consistent with the proceedings authorizing the Bonds, it will comply with whatever Federal law is adopted in the future, which applies to the Bonds and affects the status of the Bonds as “qualified” Build America Bonds.
Section 11. Persons Treated as Owners; Transfer of Bonds. The City Clerk shall keep books for the registration and for the transfer of the Bonds. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of either principal or interest on any Bond shall be made only to the registered owner thereof. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.
-18536- C.C.-4/7/10 Any Bond may be transferred by the registered owner thereof by surrender of the Bond at the office of the City Clerk, duly endorsed for the transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing. Upon such transfer, the City Clerk shall deliver in the name of the transferee or transferees a new Bond or Bonds of a like aggregate principal amount, series and maturity and the City Clerk shall record the name of each transferee in the registration book. No registration shall be made to bearer. The City Clerk shall cancel any Bond surrendered for transfer.
The City shall cooperate in any such transfer, and the Mayor and City Clerk are authorized to execute any new Bond or Bonds necessary to effect any such transfer.
The 15th day of each calendar month next preceding each interest payment date shall be the record date for the Bonds. Payment of interest on the Bonds on any interest payment date shall be made to the registered owners of the Bonds as they appear on the registration book of the City maintained by the City Clerk at the close of business on the corresponding record date.
Section 12. Utilization of The Depository Trust Company Book-Entry-Only-System. In order to make the Bonds eligible for the services provided by The Depository Trust Company, New York, New York (“DTC”), the City has heretofore agreed to the applicable provisions set forth in the DTC Blanket Issuer Letter of Representation and the Clerk has executed such Letter of Representation and delivered it to the DTC on behalf of the City.
Section 13. Execution of the Bonds. The Bonds shall be issued in typewritten form, one Bond for each maturity, executed on behalf of the City by the manual or facsimile signatures of the Mayor and City Clerk (except that one of the foregoing signatures shall be manual), sealed with its official or corporate seal, and delivered to the Purchaser upon payment to the City of the purchase price thereof, plus accrued interest to the date of delivery. In the event that either of the officers whose signatures appear on the Bonds shall cease to be such officers before the delivery of the Bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes to the same extent as if they had remained in office until such delivery. The aforesaid officers are hereby authorized to do all acts and execute and deliver all documents as may be necessary and convenient to effectuate the Closing.
Section 14. Payment of the Bonds. The principal of and interest on the Bonds shall be paid by the Treasurer or his or her agent in lawful money of the United States.
Section 15. Continuing Disclosure. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of its Continuing Disclosure Certificate which the City will execute and deliver on the Closing Date. Any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section.
Section 16. Conflicting Resolutions; Severability; Effective Date. All prior resolutions, rules or other actions of the City or any parts thereof in conflict with the provisions hereof shall be, and the same are, hereby rescinded insofar as the same may so conflict. In the event that any one or more provisions hereof shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions hereof. The foregoing shall take effect immediately upon adoption and approval in the manner provided by law.
-18537- C.C.-4/7/10 ADOPTED , 2010 APPROVED , 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to reconsider award of the sale of $3,455,000 General Obligation Corporate Purpose Bonds to Morgan Keegan & Company out of Memphis, Tennessee, as listed on the bid tabulation. [adopt Resolution No. 3332]. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to reapprove award of the sale of $3,455,000 General Obligation Corporate Purpose Bonds to Morgan Keegan & Company out of Memphis, Tennessee, as listed on the bid tabulation. [adopt Resolution No. 3332]. On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
6. Aldermanic Reports
Alderperson Pietrowski stated the obituary of Bob Pups, former Acting Director of Inspection Services, appeared in the Municipality magazine. Alderperson Pietrowski stated he believes Mr. Pups was a valuable employee to the City of Greenfield.
7. Announcements - None
8. Citizen Commentary - None
9. Board of Public Works Meeting held February 23, 2010 (action taken on Item #7 at 3/2/10 Council meeting & Item #9 at 3/16/10 Council meeting)
Item #8 It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to accept low bid and award contract to Stark Asphalt for 2010 Pavement Replacement Program, Group B: • South 31st Street, West Kimberly Avenue to West College Avenue, Project 2009 #28 • Area of South 37th Street and West Abbott Avenue, Project 2009 #29 • South 99th Street, south of West Cold Spring Road, Project 2009 #5 • Area of South 39th Street & West Barnard Avenue, Project 2009 #29 And defer acceptance of bids for 2010 Pavement Replacement Program, Group B: • Area of South 62nd Street & West Armour Avenue, Project PW0903 • City Hall Parking Lot, Project 2010 #5 This BPW action was superseded by action taken March 23, 2010, Item #10
After a discussion, Alderperson Kastner withdrew his second to the motion.
Alderperson Lubotsky withdrew her motion.
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At this time, the Council proceeded with Item #12
10. Plan Commission Meeting held March 9, 2010 (action taken on Items 5, 6 & 9 at 3/16/10 Council meeting)
Item #11 It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve a “Building” Review for the purpose of re-painting the water tower at 8775 West Waterford Avenue, subject to Plan Commission and staff comments, but to use the two-tone color combination as originally proposed by the Milwaukee Water Utility, Tax Key #569-8994-002.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski, Kastner & Akers voting yes; Alderperson Saryan voting no.
11. Legislative Committee Meeting held March 15, 2010
Item #4 It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to adopt an ordinance repealing and recreating Section 13.15 of the Municipal Code relating to pawnbrokers and secondhand article dealers, and secondhand jewelry dealers.
After a discussion, on a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Items 23 a & b
12. Board of Public Works Meeting held March 23, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the following:
Item #6 Ditch enclosure permit for 6185 South 37th Street, Tax Key #692-1107
Item #7 Adopt a resolution endorsing the Southeastern Wisconsin Regional Planning Commission (SEWRPC) Regional Water Quality Management Plan Update for the Greater Milwaukee Watersheds, as revised January 2009
Item #10a No Parking Zone adjacent to the South 61st Street side of the corner property at 4223 South 61st Street, Tax Key No. 572-1067
On a roll call vote, the motion carried unanimously.
Item #5 Amending the parking regulations to allow parking on the west side of South 49th Street between the Glenwood School Driveway and the pedestrian path near West St. Francis Avenue
After a discussion, it was determined no action should be taken at this time and that this item is to be placed on the NEXT AGENDA.
-18539- C.C.-4/7/10
Item #8 It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to accept low bid and award contract to Trees On The Move in the sum of $53,171.12 for the installation of 366 Street Trees at various locations, Project 2010 #1.
Under discussion, Alderperson Pietrowski asked if, associated with the $53,000, is the $18,500 is included in the tree replacement program that is budgeted.
Alderperson Lubotsky said she knows there was $10,000 reimbursement for the Highlands trees for the oak trees that died. She asked if that was put in the $53,000, the $10,000 received from Munson Bros.
Dan Ewert, Superintendent of Public Works, said that and the grant from the State Forestry for the forestry grant. That is part of the reforestation for EAB.
Alderperson Pietrowski asked if the grant monies are worth a sum of the $10,000 that is being talked about.
Mr. Ewert said it is more than that. The funds are used not only for planting trees, but also for some educational items, training, and equipment for the Department of Public Works for tree removal. There are a few facets.
Alderperson Pietrowski asked if the $18,500 of the tree replacement is in that sum of money as well.
Mr. Ewert said that is the normal budgeted.
Alderperson Pietrowski said if the City wasn’t replacing those trees, the City wouldn’t receive the grant money with the $18,000 that was spent. The grant money wouldn’t be available unless the City was adhering to that program.
Mr. Ewert stated the $18,000 would still be planted. The other stuff is above that.
Alderperson Pietrowski said but the grant money might not be available to the City if that kind of money wasn’t spent.
Mr. Ewert said it is a matching. If the City didn’t have the $18,000, the City wouldn’t get that much.
Alderperson Pietrowski said one of the issues is that there is $70,000 worth of furlough money talked about and this is $53,000 worth of trees and he was looking at a comparison of services versus trees.
On a roll call vote, the motion carried unanimously.
-18540- C.C.-4/7/10
Item #10 It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to accept low bid and award contract to Stark Asphalt for 2010 Pavement Replacement Program, Group B: • South 31st Street, West Kimberly Avenue to West College Avenue, Project 2009 #28 • Area of South 37th Street and West Abbott Avenue, Project 2009 #29 • South 99th Street, south of West Cold Spring Road, Project 2009 #5 • Area of South 39th Street & West Barnard Avenue, Project 2009 #29 Defer acceptance of bids for 2010 Pavement Replacement Program, Group B: • Area of South 62nd Street & West Armour Avenue, Project PW0903 • City Hall Parking Lot, Project 2010 #5 Accept low bid and award contract to Stark Asphalt for 2010 Pavement Replacement Program, Group C: • Area of South 122nd Street & West Waterford Avenue, Project 2007 #28 • Area of South 122nd Street & West Chapman Avenue, Project 2007 #28 Defer acceptance of the bid for 2010 Pavement Replacement Program, Group C: • Area of South 119th Street & West Tesch Avenue, Project 2007 #28
During discussion, Rick Sokol, Director of Neighborhood Services, addressed the Council.
After a lengthy discussion, it was moved by Alderperson Akers, seconded by Alderperson Saryan, to amend the motion to accept the bid for two inch overlay for South 62nd Street & West Armour Avenue, Project PW0903.
Mayor Neitzke stated staff will continue to look at the remedies the City has with regard to work done last year and the contractor that performed the work [for the area of South 62nd Street & West Armour Avenue].
On a roll call vote, the motion lost with Alderpersons Lubotsky, Pietrowski & Kastner voting no; Alderpersons Akers & Saryan voting yes.
After further discussion, Alderperson Pietrowski asked that the question be separated with regard to South 37th Street & West Abbott Avenue, Project 2009 #29, as there are separate bid prices.
It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to amend the motion to divide the question by voting on Project 2009 #29 [Area of South 37th Street and West Abbott Avenue] and Group C separately.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski, Kastner & Akers voting yes; Alderperson Saryan voting no.
-18541- C.C.-4/7/10 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to accept low bid and award contract to Stark Asphalt for 2010 Pavement Replacement Program, Group B:
South 31st Street, West Kimberly Avenue to West College Avenue, Project 2009 #28 South 99th Street, south of West Cold Spring Road, Project 2009 #5 Area of South 39th Street & West Barnard Avenue, Project 2009 #29 and Defer acceptance of bids for 2010 Pavement Replacement Program, Group B: Area of South 62nd Street & West Armour Avenue, Project PW0903 City Hall Parking Lot, Project 2010 #5
On a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski, Kastner & Saryan voting yes; Alderperson Akers voting no.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to accept low bid and award contract to Stark Asphalt for 2010 Pavement Replacement Program, Group B:
Area of South 37th Street and West Abbott Avenue, Project 2009 #29
On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to accept low bid and award contract to Stark Asphalt for 2010 Pavement Replacement Program, Group C:
Area of South 122nd Street & West Waterford Avenue, Project 2007 #28 Area of South 122nd Street & West Chapman Avenue, Project 2007 #28 and Defer acceptance of the bid for 2010 Pavement Replacement Program, Group C: Area of South 119th Street & West Tesch Avenue, Project 2007 #28
On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
At this time, the Council proceeded with Item #10
13. Finance & Human Resources Committee Meeting held March 24, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
Item #4 Agreement with the Wisconsin Department of Revenue to continue with collection of unpaid fines through the Tax Intercept Program
-18542- C.C.-4/7/10 Item #5 Contract between the ambulance billing agent EMS Medical Billing Associates, Inc. and the City of Greenfield and authorize the Mayor to sign
Item #7 The 2010-2011 Parks and Recreation Department copy machine maintenance agreement with Impact Networking, LLC
Item #8 Artist engagement agreement with Tommy Milwaukee for June 22, 2010 performance at Konkel Park
Item #9 Artist engagement agreement with The Chris Schmidt Duo for July 27, 2010 performance at Konkel Park
Item #10 Renewal of Greenfield Little League Ball Diamond maintenance agreement for 2010
Item #11 Schedules of disbursements in the amounts of $409,831.11 and $10,572,410.47
Item #12 Investments and reinvestments in the amounts of $21,615,091.50 and $11,922,965.14
Item #13 Accept February 2010 financial statement
Item #18 Reject Grievance #2010-01 [regarding furlough days during 2010] presented by Department of Public Works (DPW) Local 2, District Council #48, and authorize the Director of Human Resources, or his assign, to respond formally consistent with the 2009-2011 DPW union contract, subject to the ultimate affirmation or rejection of the Common Council
On a roll call vote, the motion carried unanimously.
Item #6 It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to fill a vacancy in the Fire Department due to a retirement no sooner than August 1, 2010.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
14. City Clerk’s Report:
a. Claim received from James & Judith Cody for damage done to their mailbox by a City snowplow on January 8, 2010 (C.C. 3/16/10)
It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to deny the claim received from James & Judith Cody for damage done to their mailbox by a City snowplow on January 8, 2010.
After a discussion, on a roll call vote, the motion carried unanimously.
A resolution disallowing the claim will be placed on the NEXT AGENDA under the City Attorney’s Report.
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b. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, that the Council meeting dates for the months of June, July, August & September, 2010 be June 15th, July 20th, August 17th & September 21st.
After a discussion, the motion carried unanimously.
15. It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the issuance of an operator license to each of the following:
Ajmeri, Gulamnabi U.-1617 Shore Dr. Jung, Judith A.-8612 W. Montana Ave. Karolewicz, Heather A.-2461 S. 43rd St. Martin, Jennifer I.-2233 S. Mound St. Poe, Christina A.-3366A S. 15th St. Quade, Emily J.-5846 S. 42nd St. Schneider, Nicolle M.-1922 Madera St. Snieg, Amanda M.-2365 S. 78th St. Tholl, Jeremy M.-3767 S. Lenox
Motion carried unanimously.
16. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve the issuance of a 2009-2010 Combination “Class B” Beer & Liquor License to Diamond Jim’s 6869 of Greenfield Inc., James Letizia, Agt., for the property located at 6869 West Forest Home Avenue (Diamond Jim’s “Checkers”) (6,000 sq. ft. bar upstairs, room upstairs, downstairs bar, and lower room).
After a discussion, the motion carried unanimously.
17. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to approve the issuance of a 2009-2010 Entertainment License to Diamond Jim’s 6869 of Greenfield Inc., James Letizia, Agt., for the property located at 6869 West Forest Home Avenue (Diamond Jim’s “Checkers”) (type of entertainment: live music, patron style dancing). Motion carried unanimously.
18. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to approve the issuance of a Carnival License, and request to waive the license fee, for Dan Jansen Family Fest to hold a four day festival with entertainment tent, food court, game tent, 10 concessions, and 15 rides at Konkel Park, 5151 West Layton Avenue, on Friday, May 28, 2010 from 4:00 p.m. to 10:00 p.m.; Saturday, May 29, 2010 from 11:00 a.m. to 10:00 p.m.; Sunday, May 30, 2010 from 11:00 a.m. to 10:00 p.m.; and Monday, May 31, 2010 from 11:00 a.m. to 5:00 p.m. Motion carried unanimously.
19. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of a Temporary “Class B” Retailer’s License to St. John the Evangelist Church Home & School to sell fermented malt beverages and wine at a Casino Night to be held Saturday, April 17, 2010 from 6:00 p.m. to 12:00 midnight at 8500 West Cold Spring Road. Motion carried unanimously.
-18544- C.C.-4/7/10 20. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the request of 5105 West Coldspring Road, LLC, Jeffery M. Tondryk, Agt., to extend their Combination “Class B” Beer & Liquor License and Entertainment License to the parking lot at 5105 West Cold Spring Road to hold a fundraiser for The Lupus Foundation of Wisconsin on Saturday, June 12, 2010 from 12:00 noon to 9:00 p.m. with raffles for various prizes, food, beer, soda, and a DJ from 1:00 p.m. to 9:00 p.m., and possibly a band for a couple of hours in the afternoon (Bottoms Up).
During discussion, Alderperson Lubotsky stated this has been an annual event with no problems to date.
Motion carried unanimously.
21. Appointments to Business Improvement District Boards #1 & #2 by the Mayor, subject to confirmation by the Council (Erickson) (Note: some appointments made at 2/17/10 & 3/2/10 Council meetings)
Mayor Neitzke stated Business Improvement District Board #1 is complete. One member is still needed for Business Improvement District Board #2 on South 27th Street from West Ramsey Avenue to West College Avenue.
22. Engineering Division Report:
a. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adopt Resolution No. 3333. RESOLUTION NO. 3333
ENDORSEMENT OF THE REGIONAL WATER QUALITY MANAGEMENT PLAN UPDATE FOR THE GREATER MILWAUKEE WATERSHEDS
WHEREAS, the Southeastern Wisconsin Regional Planning Commission, which was duly created by the Governor of the State of Wisconsin in accordance with Section 66.0309(2) of the Wisconsin Statutes on the 8th day of August 1960, upon petition of the Counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha, has the function and duty of making and adopting a master plan for the physical development of the region; and
WHEREAS, the Governor of the State of Wisconsin has designated the seven-county Southeastern Wisconsin Region as an area-wide water quality management planning area and the Southeastern Wisconsin Regional Planning Commission as the official water quality management planning agency for that area, all in accordance with the procedural requirements set forth in Section 208 of the Federal Water Pollution Control Act; and
WHEREAS, the Southeastern Wisconsin Regional Planning Commission, pursuant to its function and duty as a regional planning agency and its designation as a water quality management planning agency, has prepared and adopted at its meeting held on the 5th day of December 2007 an update to the area- wide water quality management plan set forth in a report entitled, SEWRPC Planning Report No. 50, A Regional Water Quality Management Plan Update for the Greater Milwaukee Watersheds, published in July 2008, and
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WHEREAS, the Commission has transmitted certified copies of its resolution adopting the regional water quality management plan update for the Greater Milwaukee watersheds, together with the aforementioned SEWRPC Planning Report No. 50, to the local units of government concerned and to the appropriate State and Federal agencies; and
WHEREAS, the City of Greenfield has supported and generally concurred in the regional planning programs undertaken by the Southeastern Wisconsin Regional Planning Commission, and believes that the regional water quality management plan update prepared by the Commission is a sound and valuable guide to water quality management in the development of not only the Region but also the local community, and that the adoption of such plan by the City of Greenfield will assure a common understanding by the units and agencies of government concerned and enable these units and agencies of government to program the necessary plan implementation work.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to Section 66.0309(12) of the Wisconsin Statutes, the City of Greenfield hereby generally endorses the regional water quality management plan update for the Greater Milwaukee watersheds previously adopted by the Commission as set forth in SEWRPC Planning Report No. 50 as a guide for regional and community development, whenever said plan does not conflict with applicable Wisconsin Department of Natural Resources policy and permits.
BE IT FURTHER RESOLVED that the City Clerk transmits a certified copy of this resolution to the Southeastern Wisconsin Regional Planning Commission and to the Secretary of the Wisconsin Department of Natural Resources.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
Motion carried unanimously.
b. Adopt two ordinances to amend parking on the west side of South 49th Street, south of West Morgan Avenue is to be placed on the NEXT AGENDA.
c. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to adopt Ordinance Nos. 2697 & 2698.
ORDINANCE NO. 2697
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
-18546- C.C.-4/7/10 Effective June 1, 2010, Ordinance No. 704 and Ordinance No. 2673 which regulate parking on South 61st Street are hereby repealed.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication. ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
ORDINANCE NO. 2698
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
NO PARKING at any time shall be allowed on the west side of South 61st Street from the right-of-way centerline of West Cold Spring Road to the right-of-way centerline of West Marcy Lane.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #24
-18547- C.C.-4/7/10
23. City Attorney’s Report:
a & b
It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adopt Ordinance Nos. 2695 & 2696.
(This official notice is being published and placed in the minutes instead of publishing the full text of Ordinance No. 2695.)
CITY OF GREENFIELD OFFICIAL NOTICE
AN ORDINANCE REPEALING AND RECREATING SECTION 13.15 OF THE GREENFIELD MUNICIPAL CODE RELATING TO PAWNBROKERS, SECONDHAND ARTICLE DEALERS AND SECONDHAND JEWELRY DEALERS
NOTICE IS HEREBY GIVEN that the Common Council of the City of Greenfield, at their meeting of April 7, 2010, adopted Ordinance No. 2695 which is an Ordinance repealing and recreating Section 13.15 of the Greenfield Municipal Code relating to Pawnbrokers, Secondhand Article Dealers and Secondhand Jewelry Dealers.
You are hereby further notified that the full text of Ordinance No. 2695 may be obtained in the office of the City Clerk, 7325 West Forest Home Avenue, in accordance with Sec. 62.11(4)(c), Wis. Stats., (414)329-5219.
Dated at Greenfield, Wisconsin, this 8th day of April, 2010.
______Jennifer Goergen, City Clerk
ORDINANCE NO. 2696
AN ORDINANCE AMENDING SECTION 3.12 OF THE MUNICIPAL CODE RELATING TO PAWNBROKERS, SECONDHAND ARTICLE DEALERS AND SECONDHAND JEWELRY DEALERS
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 3.12 (3) of the Municipal Code is amended as it relates to pawnbrokers, secondhand article dealers and secondhand jewelry dealers.
Transaction Fees for pawnbrokers, secondhand article dealers or secondhand jewelry dealers:
-18548- C.C.-4/7/10 Transactions up to $10.00: $0.50 per transaction. Transactions $10.01 to $100.00: $1.00 per transaction. Transactions over $100.00: $1.00 plus 1% of the transaction amount.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force on July 1, 2011.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #13
24. Items for future agenda - None
25. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to adjourn the meeting at 8:45 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
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Distributed: April 12, 2010
-18549- C.C.-4/7/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, APRIL 20, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney
2. An opening prayer was given by Chaplain Jim Leggett.
3. Pledge of Allegiance
4. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the April 7, 2010 Common Council minutes, as recorded.
After a discussion, it was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to refer, back to the LEGISLATIVE COMMITTEE, discussion regarding Item #11(4) and Item Nos. 23a & 23b of the April 7, 2010 Common Council minutes relating to pawnbrokers, secondhand article dealers, and secondhand jewelry dealers. On a roll call vote, the motion carried unanimously.
Motion carried unanimously.
5. Mayor‟s Report
a. Mayor Neitzke indicated he issued a proclamation proclaiming April 24, 2010 as CleanUp GreenUp Day in the City
b. Mayor Neitzke stated he issued a proclamation proclaiming May 1, 2010 as Arbor Day in the City of Greenfield
6. Aldermanic Reports
Alderperson Pietrowski stated he and some of his constituents attended the last Plan Commission meeting regarding Mad Dog Saloon where they were kind of squelched with moving forward with citizens commenting on issues with the business. The City Attorney has stated the item will be on the Plan Commission agenda again with the ability for citizens to speak. Alderperson Pietrowski stated that Mad Dog Saloon has circulated petitions regarding their perspective.
-18550- C.C.-4/20/10 Mayor Neitzke responded that the intention at the Plan Commission meeting was to preserve the City‟s rights and options in the future, not squelch any testimony. There will be an opportunity for neighbors and owners of Mad Dog Saloon to speak at the next Plan Commission meeting.
7. Announcements
Alderperson Saryan announced the Department of Parks & Recreation will be hosting Champps Booster Night on Wednesday, April 21, 2010 with 10% of all food sales being donated to the Greenfield Parks & Recreation Department to help offset costs to youth athletics.
Alderperson Saryan read a notice urging citizens to contact the Greenfield Police Department if they have been contacted regarding various scams.
8. Citizen Commentary
The following addressed the Council:
William Maynard, 4061 West Loomis Road, said his business and people are concerned because they do not know what is happening with the redevelopment plan. Ernest Litynski, 4323 South 38th Street, asked if a risk assessment was done for the citizens‟ welfare as it pertains to the redevelopment plan. Joan Stevens, 4059 South 99th Street, stated anyone is welcome to participate in CleanUp GreenUp Day. She stated there are 1,800 people signed up to clean up schools, parks, and road sides. All schools are participating. Anyone interested in helping should report to Konkel Park to register. She said work will be done on the medians on West Layton Avenue from South 51st Street to South 60th Street on Arbor Day at 10:00 a.m.. Citizens are invited to help. Jeff Powers, 7637 West Allerton Avenue, indicated his frustration with problems involving patrons from Mad Dog Saloon escalating. He said people are coming on his property and stealing and urinating. He doesn‟t believe the Council is listening. John Rygielski, 8231 West Allerton Avenue, agrees with what Jeff Powers said with regard to Mad Dog Saloon. He said there is also high speed traffic at closing time. He said he would like to see an incident at the intersection of South 83rd Street and West Allerton Avenue avoided. He added their neighborhood should be safe and quiet for the amount of taxes paid. Keith Barton, 7722 West Allerton Avenue, said there have been 39 police calls and 32 drive-bys in the nine months that Mad Dog Saloon has been open. In the previous five years, when the other establishments were operating, there was a total of 39. He said he agrees with what was said by the other residents. He indicated one family already moved and sold their house at a low price just to get out of the neighborhood because of Mad Dog Saloon. He said one neighbor now sleeps in her basement to try to avoid the noise from the establishment. He believes the business has an adverse impact on the neighborhood properties. Elaine & Dean Colbo, 7704 West Whitaker Avenue, said they have never seen anything like what they are experiencing by Mad Dog Saloon in the 30 years they have lived in the neighborhood. There is no reason why the neighbors, as taxpayers, should have to put up with what they are experiencing and the problems are out of control and should be taken care of as soon as possible.
-18551- C.C.-4/20/10
Kevin Burdick, 7737 West Allerton Avenue, said he agrees with everything that has been said by the residents who previously spoke regarding Mad Dog Saloon. He said the noise hasn‟t gotten better. He stated he has moved to the front of his house to sleep. Karen Anderson, 3810 West Plainfield Avenue, thanked the Recreation Department for the City‟s new Community Center. She said she represents approximately 63 Middle Eastern dancers that take part and hope all monies will be put toward the Center. Karen Wszola, 4918 West Colonial Court, referred to Item #11(4) on the Council agenda this evening and urged the entire amount of the $150,000 donation from Dan Jansen Fest be put toward the Community Center, not to anything else. Harold Anderson, 3810 West Plainfield Avenue, agreed with the statement of Karen Wszola. Merlin Everson, 4471 South 83rd Street, indicated the Mad Dog Saloon site was, at one time, Al‟s Rib House which was a friendly family locally owned restaurant. The Boulder Junction Restaurant became a locally owned family restaurant that served food until 9:00 p.m. with the bar closing many evenings at 10:00 p.m. and had very little impact on the neighborhood. Mad Dog Saloon opened in July, 2009 and is touted on its website as being Milwaukee‟s newest sports bar. Now, it is a bar that has a pole that looks like a stripper pole. Food is served until 1:00 a.m. They now have to have in-house security. They have live bands until 1:00 a.m., open until 2:00 a.m. many nights, and he believes until 2:30 a.m. on Fridays and Saturdays. Mr. Everson said he was not notified when Mad Dog Saloon became a bar and not a restaurant. He was told, by the City, it was a minor change from the restaurant to a bar. Mad Dog Saloon has the same owners as Boulder Junction. He said he has heard rumors the owners are also affiliated with Heartbreakers in West Allis, which is a gentleman‟s club. He expressed concern the site could become a strip club when Mad Dog Saloon goes out of business.
9. Board of Public Works Meeting held March 23, 2010 (action was taken on Items 6, 7, 8, 10 & 10a at 4/7/10 Council meeting)
Item #5 It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve amending the parking regulations to allow parking on the west side of South 49th Street between the Glenwood School Driveway and the pedestrian path near West St. Francis Avenue.
After a discussion, the motion carried unanimously.
10. Plan Commission Meeting held April 13, 2010
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the following:
Item #4 A Special Use for the purpose of co-locating wireless antenna attachments and installing a ground-based equipment cabinet on the cell tower/site at the rear of Bill‟s Auto Tech, 4737 South 108th Street, subject to Plan Commission and staff comments, and consider this to be a minor change not needing a public hearing, Tax Key #612-8997-006
-18552- C.C.-4/20/10 Item #5 A Special Use for the purpose of co-locating wireless antenna attachments and installing a ground-based equipment cabinet on the cell tower/site at the rear of the former Valley USA parcel, 4267 West Loomis Road, Tax Key #600-9955-004
Item #7 A Certified Survey Map which combines the existing two parcels at the Greenfield High School property, 4800 South 60th Street, into one lot as part of the overall site/building improvement projects, subject to Plan Commission and staff comments, Tax Key Nos. 619-9995-001 & 619-9996-001
Item #8 A Certified Survey Map and a Quit Claim Deed which creates four parcels on two existing lots at 8127/8141 West Howard Avenue as a combined result of the trading of a City-owned parcel south of the Jochem‟s land, in order to acquire land which will become the missing piece of “Van Beck Avenue” right-of-way in that area, subject to Plan Commission and staff comments, Tax Key Nos. 570-8999, 570-9000 and 570-8998-004
Item #9 A Special Use Review for Mohammed Siddiqui as the new business owner of Smokers Paradise, 4267 West Layton Avenue, subject to Plan Commission and staff comments, Tax Key #621-9957-001
Item #10 A Special Use Review for Akil Ajmeri as the new business owner of the existing Greenfield 66 (Phillips 66 station), 4710 South 108th Street, subject to Plan Commission and staff comments, Tax Key #613-8995
Item #13 A Special Use amendment/Site, Building & Landscaping Review for the purpose of constructing a 20‟ x 32‟ outdoor patio at Fin N Feather, 4060 West Loomis Road, subject to Plan Commission and staff comments, with any future additional parking improvements being required to come before the Plan Commission and consider this to be a minor change not needing a public hearing, Tax Key Nos. 600-0122 & 600-0123
Item #15 A Site, Building & Landscaping Review for the purpose of demolishing the southern most 30‟ of the Outback Plaza building at 4820 – 4846 South 76th Street for the purpose of installing a one-way drive aisle to provide better access to the parking area on the east side of the building and to construct a decorative tower feature at the northwest and southwest corners of the building, subject to Plan Commission and staff comments, Tax Key #617-9983-012
Item #18 A Site/Building Review for “Diamond Jim‟s” bar/restaurant, 6869 West Forest Home Avenue, subject to Plan Commission and staff comments, with this request to be considered a minor change subject to the determination of the City Attorney, and with the understanding that the parking reconfiguration and any portion associated with the We Energies parcel need to return to the Plan Commission, Tax Key #571-8957-002
On a roll call vote, the motion carried unanimously.
Item #12 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Special Use for the purpose of buying, selling, and trading used CDs, DVDs, games, and LPs at The Exclusive Company, 5026 South 74th Street, subject to Plan Commission and staff comments, and consider this to be a minor change not needing a public hearing, Tax Key #617-9975-024.
-18553- C.C.-4/20/10
During discussion, Mayor Neitzke read an email, dated April 20, 2010, from Deputy Inspector Bradley Wentlandt opposing additional secondhand article dealers within the City.
Stephanie Huff representing The Exclusive Company, 5026 South 74th Street, addressed the Council regarding the concerns of Deputy Inspector Bradley Wentlandt relating to secondhand article dealers.
It was moved by Alderperson Lubotsky to refer this item back to the Legislative Committee.
After a discussion, Alderperson Kastner withdrew his motion; Alderperson Pietrowski withdrew is second to the motion.
It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve a Special Use for the purpose of buying, selling, and trading used CDs, DVDs, games, and LPs at The Exclusive Company, 5026 South 74th Street, subject to Plan Commission and staff comments, and consider this to be a minor change not needing a public hearing, Tax Key #617-9975-024.
After a discussion, on a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers, & Saryan voting yes; Alderperson Lubotsky voting no.
11. Finance & Human Resources Committee Meeting held April 14, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve the following:
Item #3 A contract with Ehlers & Associates, Inc. for continuing disclosure reporting services
Item #6 Schedules of disbursements in the amounts of $200,215.85; $582,503.00; $207,903.28; $99,155.34; $533,350.47 and ($2,103.71)
Item #7 Mileage reimbursements in the amount of $1,004.44
On a roll call vote, the motion carried unanimously.
Item #4 After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve acceptance of the donation in the amount of $150,000 from Dan Jansen Fest to the Community Center Fund, on the acceptance based on our letter and upon approval of a resolution at the next Common Council meeting.
After a discussion, on a roll call vote, the motion carried unanimously.
12. Community Development Authority Meeting held April 20, 2010
Item #3 It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to adopt a Resolution of Necessity for Acquisition of Lands for Public Purposes and Authorization to proceed as it relates to the Greenfield Crossing Redevelopment Plan Adopted in 2009.
-18554- C.C.-4/20/10 After a discussion, Alderperson Kastner withdrew his motion;
After further discussion, Alderperson Saryan withdrew her second to the motion.
This item is to be placed on the NEXT AGENDA.
13. City Clerk‟s Report:
Claim received from Michael Gueller for damage done to his vehicle, as the result of a City snowplow, on February 8, 2010 at approximately South 97th Street and West Howard Avenue was referred to the CITY ATTORNEY.
See Council action taken in Item #23c of these minutes.
14. Appointment of Council President for a one year term
Alderperson Kastner nominated himself as Council President.
On a roll call vote on the nomination of Alderperson Kastner as Council President, Alderpersons Lubotsky, Kastner, Akers & Saryan voted yes; Alderperson Pietrowski voted no.
Alderperson Kastner was elected Council President.
15. 2010 Council Representative appointments to various committees and commissions:
a. Council appointments:
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to reappoint the Council Representatives to the same committees and commissions as last year, as follows:
(1) Three members to the Finance & Human Resources Committee
Alderpersons Lubotsky, Kastner, and Saryan will serve on the Finance & Human Resources Committee.
(2) Three members to the Legislative Committee
Alderpersons Lubotsky, Pietrowski & Akers will serve on the Legislative Committee.
(3) One member to the Park & Recreation Board
Alderperson Saryan will serve on the Park & Recreation Board.
(4) One member to the Plan Commission
Alderperson Kastner will serve on the Plan Commission.
-18555- C.C.-4/20/10
(5) One member to the Public Safety Committee
Alderperson Pietrowski will serve on the Public Safety Committee.
On a roll call vote, the motion carried unanimously. b. Mayor appointments, confirmed by Council:
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to confirm the Mayor‟s reappointment of the same Council Representatives to the committees as last year, as follows:
(1) Alderperson Akers to the Board of Health
(2) Alderperson Saryan to the Public Library Board
(4) Alderperson Lubotsky to the Tree Commission for a 2 year term (expires April 16, 2012)
On a roll call vote, the motion carried unanimously.
(5) Alderpersons Pietrowski & Kastner are presently serving on the Community Development Authority during their respective terms of office, therefore, no appointments are needed this evening.
(3) It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to confirm the Mayor‟s reappointment of Alderperson Lubotsky to the Board of Public Works. On a roll call vote, the motion carried unanimously.
It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to confirm the Mayor‟s reappointment of Alderperson Akers to the Board of Public Works. On a roll call vote, the motion carried unanimously.
It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to confirm the Mayor‟s reappointment of Alderperson Saryan to the Board of Public Works. On a roll call vote, the motion lost with Alderpersons Lubotsky, Akers & Saryan voting no; Alderpersons Pietrowski & Kastner voting yes.
It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to confirm the Mayor‟s appointment of Alderperson Pietrowski to the Board of Public Works.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
Alderperson Pietrowski stated he denies the appointment to the Board of Public Works.
-18556- C.C.-4/20/10 It was moved by Alderperson Kastner, seconded by Alderperson Akers, to reconsider the appointment [of Alderperson Pietrowski] to the Board of Public Works. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to confirm the Mayor‟s reappointment of Alderperson Saryan to the Board of Public Works. On a roll call vote, the motion carried unanimously.
16. Appointments to various committees and commissions:
a. Council appointments:
(1) It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to reappoint Richard Kasza, 4345 South 36th Street, as a member to the Board of Public Works for a term to expire May 1, 2012. Motion carried unanimously.
b. Mayor appointments, confirmed by Council:
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to confirm the Mayor‟s reappointments as follows:
(1) Allen Shutta, 7131 West Van Norman Avenue, to the Fire & Police Commission for a term to expire May 1, 2015
(2) Don Holt, 4839 South 96th Street, to the Board of Review for a term to expire May 1, 2015
(3) Joan Stevens, 4059 South 99th Street, and Rebecca Thorpe, 3781 South 35th Street, to the Tree Commission for a term to expire May 1, 2012
(4) Lew Silva, 4948 South 65th Street, as an alternate to the Tree Commission for a term to expire May 1, 2012
On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
(5) It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to confirm the Mayor‟s reappointment of Kevin Thomas, 4204 South 79th Street, and Donald Reid, 6100 West Marcy Lane, as members to the Zoning Board of Appeals for a term to expire May 1, 2013. On a roll call vote, the motion carried unanimously.
c. Mayor appointments:
(1) Mayor Neitzke reappointed Douglas Dorszynski, 12035 West Crawford Court, and Frederick Hess, 4426 South 92nd Street, as members to the Plan Commission for a term to expire May 1, 2013.
-18557- C.C.-4/20/10
(2) Mayor Neitzke designated Audrey Ellison, 3473 South 50th Place, as Chairperson of the Zoning Board of Appeals.
The following appointments are to be placed on the NEXT AGENDA:
a. Council appointments:
(2) A.D. #1 One member to the Public Safety Committee for a term to expire 5/1/13 (Aaron Steinle)
(3) A.D. #2 One member to the Public Safety Committee for a term to expire 5/1/13 (Diane Mahlman)
(4) A.D. #3 One member to the Public Safety Committee for a term to expire 5/1/13 (Mike Kasten)
(5) A.D. #4 One member to the Public Safety Committee for a term to expire 5/1/13 (Allen Shutta)
(6) A.D. #5 One member to the Public Safety Committee for a term to expire 5/1/13 (John Malek)
17. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the issuance of an operator license to each of the following:
Brain, Aaron W.-12335 W. Oklahoma Ave Creuzer, Samantha L.-403 N. 31st St. Krukowski, Michael T.-4467 N. Morris Blvd. Rodriguez, Cecilia D.-2464 W. Auer Ave.
Motion carried unanimously.
18. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the request of LYN-J Inc., Jeffrey M. Tondryk, Agt., to extend their Combination “Class B” Beer & Liquor License and their Entertainment License to the parking lot at 5105 West Cold Spring Road to hold a fundraiser for The Lupus Foundation of Wisconsin on Saturday, June 12, 2010 from 12:00 noon to 9:00 p.m. with raffles for various prizes, food, beer, soda, and a DJ from 1:00 p.m. to 9:00 p.m., and possibly a band for a couple of hours in the afternoon (Bottoms Up) (Note: This was listed on the April 7, 2010 Council agenda and approved under the previous corporation name. It is on this evening’s agenda so it can be approved under the correct corporation name.) Motion carried unanimously.
19. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council, is to be placed on the NEXT AGENDA.
-18558- C.C.-4/20/10
20. Consider request from Goodwill Retail Services for a Temporary Use for at least six months for an „attended donation semi-trailer‟ in the northeast area of the Southridge Mall parking lot on property owned by the Simon Group (Tax Key #650-9000-010)
Renee Bauerman representing Goodwill Industries of Southeastern Wisconsin addressed the Council to explain that Goodwill plans on having attended donation trailers where people can bring their gently used clothing and household donations as an alternative to going to the retail stores. The person making the donation is given a receipt. The trailer remains on the property.
After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to deny the request from Goodwill Retail Services for a Temporary Use for at least six months for an „attended donation semi-trailer‟ in the northeast area of the Southridge Mall parking lot on property owned by the Simon Group, Tax Key #650-9000-010. On a roll call vote, the motion carried unanimously.
21. Consider Resolution of Necessity for Acquisition of Lands for Public Purposes and Authorization to Proceed as it relates to the Greenfield Crossing Redevelopment Plan Adopted in 2009 is to be placed on the NEXT AGENDA.
22. Engineering Division Report:
It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to adopt Ordinance Nos. 2699 & 2700. ORDINANCE NO. 2699
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
Effective June 1, 2010, Section 15.04(a)(2) of Ordinance No. 15 which regulates parking limits on the west side of South 49th Street from the centerline of West Morgan Avenue to a point 700 feet south is hereby repealed.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
-18559- C.C.-4/20/10 PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
ORDINANCE NO. 2700
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
NO PARKING at any time shall be allowed on the west side of South 49th Street from the right-of-way centerline of West Morgan Avenue to a point 300 feet south of the right-of-way centerline of West Morgan Avenue (Glenwood School driveway)
and
NO PARKING at any time shall be allowed on the west side of South 49th Street from the right-of-way centerline of West St. Francis Avenue to a point 50 feet north of the right-of-way centerline of West St. Francis Avenue (Glenwood School pedestrian path).
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
-18560- C.C.-4/20/10 23. City Attorney‟s Report:
a, b & c
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Resolution Nos. 3334, 3335 & 3336.
a. RESOLUTION NO. 3334
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by JAMES & JUDITH CODY, for damage done to their mailbox by a City snowplow on January 8, 2010, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
b. RESOLUTION NO. 3335
RESOLUTION TO IMPOSE A MORATORIUM ON THE ISSUANCE OF CLASS “A” LICENSES
Whereas, the City of Greenfield has been receiving numerous requests for the issuance of Class “A” Beer and Liquor licenses, and
Whereas, the numerous requests being made are from applicants that are other than the traditional liquor store establishments, and
Whereas, a concern has been expressed regarding the number of Class “A” licenses being requested by gas stations, drug stores, and convenient food marts, other than the typical grocery store, and,
Whereas, it is in the City‟s best interest to put all future applicants for Class “A” licenses on hold in order for the City to review the number of existing Class “A” licenses issued, the locations of said Class “A” license holders, and the concentration of said licenses within certain areas of the City, and
Whereas, the members of the Greenfield Common Council need time to review the policy considerations or make amendments thereto for the issuance of Class “A” licenses to non-traditional liquor stores, including the limiting of the number of licenses to be issued City wide,
NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Greenfield that a moratorium be imposed on the granting and issuing of any new requests for Class “A” Beer and Liquor licenses until June 30, 2010.
-18561- C.C.-4/20/10 BE IT FURTHER RESOLVED that the moratorium may be extended for an additional period of 90 days by the Common Council by formal action taken by the Council.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
c. RESOLUTION NO. 3336
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by MICHAEL GUELLER, for damage done to his vehicle, as the result of a City snowplow, on February 8, 2010 at approximately South 97th Street and West Howard Avenue, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
d. After a discussion, it was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to add a $25.00 fee for open burning.
After a discussion, Alderperson Pietrowski withdrew his motion.
After further discussion, Alderperson Kastner withdrew his second to the motion.
Discussion and decision to adopt an ordinance regarding open burning permit fees was referred to the LEGISLATIVE COMMITTEE.
24. Items for future agenda - None
25. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to adjourn the meeting at 9:13 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
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Distributed: April 26, 2010
-18562- C.C.-4/20/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, MAY 4, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Susan Witon Deputy City Clerk Roger Pyzyk City Attorney Chuck Erickson Community Development Manager
2. An opening prayer was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the April 20, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. Mayor‟s Report
a. Mayor Neitzke stated he issued a proclamation proclaiming the week of May 9-15, 2010 as National Nursing Home Week in the City which he will be reading at Mount Carmel
b. Mayor Neitzke read a proclamation proclaiming the week of May 9-15, 2010 as Police Week in the City and May 15, 2010 as Peace Officers‟ Memorial Day in the City
Francis C. Springob, Chief of Police, addressed the Council regarding the profession of peace officers. He asked for a moment of silence in memory of the 116 peace officers killed in the performance of their duties in 2009.
c. Mayor Neitzke appointed Fire Marshal Jeff Cavett as Weed Commissioner and Fire Marshal John Nehm as alternate
d. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adopt Resolution No. 3337. RESOLUTION NO. 3337
Whereas, the City of Greenfield has embarked upon the project of converting the former City of Greenfield Library Building into a recreation Community Center, and
-18563- C.C.-5/4/10 Whereas, the project involves the re-construction and remodeling of the building in order to fit the needs of a Community Center, and
Whereas, fund raising efforts are currently underway to underwrite the costs and expenses of said re- construction and remodeling, and
Whereas, Dan Jansen Family Fest, Inc. has expressed an interest in donating a substantial sum of money, i.e. One Hundred Fifty Thousand ($150,000.00) Dollars for the specific purpose of being used toward the cost and expense of said remodeling and reconstruction,
Now, Therefore Be It Resolved, by the Common Council of the City of Greenfield that it hereby accepts the most generous donation of One Hundred Fifty Thousand ($150,000.00) Dollars from Dan Jansen Family Fest Inc., and
Be It Further Resolved that the hereinstated donation is accepted on the premise that,
1. The donation is strictly for the benefit of the contemplated Park and Recreation Community Center which involves the reconstruction and remodeling of the City‟s former Library building to fit the needs of a Community Center. Should the planned facility not be substantially completed within 2 years from the City signing contracts for its remodeling and reconstruction, the City agrees to refund the $150,000.00 of monies given by Dan Jansen Family Fest, Inc.
2. The Greenfield Park and Recreation Community Center will remain a public facility operated for the benefit of the City of Greenfield, its citizens and visitors for a period of 7 years from the acceptance by the City of the completed project.
3. No leases will be entered into, which due to either their duration, frequency, or physical occupancy will materially reduce the availability of the facility by the public at large for a period of 7 years.
This resolution shall take effect immediately upon the adoption.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
Alderperson Kastner and Mayor Neitzke thanked Dan Jansen Family Fest Inc.
Rick Eaton, 3612 West Allerton Avenue, addressed the Council to thank the City for allowing Dan Jansen Family Fest Inc. to use Konkel Park for the festival over the years. He added the sponsors, community groups, and volunteers who help make the festival a success.
On a roll call vote, the motion carried unanimously.
-18564- C.C.-5/4/10 e. Mayor Neitzke stated over 1,800 people participated in Greenfield‟s Clean Up Green Up Day
f. Mayor Neitzke said a number of trees were planted on Arbor Day, May 1, 2010 along West Layton Avenue from South 51st Street to South 60th Street. He thanked the Forester, the Department of Public Works, Alderpersons, Joan Stevens, Beautification Committee, Tree Commission, and all groups that donated effort and time. He said $4,500 was donated this year to purchase the trees.
6. Aldermanic Reports - None
7. Announcements
Alderperson Lubotsky thanked the Arbor Day volunteers and the great weather.
Alderperson Saryan announced that on Saturday, May 8, 2010, a pancake breakfast will be held from 9:00 a.m. to 12:00 noon at the Greenfield Public Library and a book sale will be held until 2:00 p.m.
Mayor Neitzke urged drivers to drive slow and be cautious when driving in the City near the parks and through the neighborhoods.
8. Citizen Commentary
The following addressed the Council:
Francis C. Springob, Chief of Police, 5300 West Layton Avenue, responded to comments made by Alderperson Pietrowski about him at the April 20, 2010 Council meeting regarding shaking the hand of the owner of Mad Dog Saloon. Chief Springob stated it is important for him to maintain an impartial, professional relationship with all citizens. Gar Kronhelm, 10432 West Pallottine Drive, said he feels the West Morgan Avenue street improvement project has significantly and negatively impacted the neighborhood. He added he believes the project has been mishandled and disturbed a lot of neighbors. David Bressler, 5252 West Bottsford Avenue, stated the billboard erected on the Department of Public Works site is basically a big television on a stick and has adversely impacted their lives and property values. He indicated the City code states it is unlawful to erect a billboard. Bob Trinastic, 5431 West Allerton Avenue, said the City never contacted him to see if erecting the billboard on the Department of Public Works property would affect his quality of life. He said it is as though a drive-in theater moved into the neighborhood. Mr. Trinastic asked that the billboard either be removed or lowered. Jennifer Bergin, representing the Greenfield Jaycees, P.O. Box 20653, indicated the Jaycees assisted with planting five trees on Arbor Day; helped with Clean Up Green Up Day; will be having a sandbox fill project on June 5, 2010 which provides for the delivery of sand to residences for the low price of $10 per wheel barrow (approximately 5 cubic feet of sand); and will be running the pitch, hit, and run sectional at Konkel Park on June 12, 2010; and working on the 4th of July festival.
-18565- C.C.-5/4/10 9. Public hearing for approval of a Special Use to sell/serve beer and wine for on-premise consumption as part of a shifting of the business location from its current space (6229) in this multi-tenant retail building, to two vacant tenant spaces (6239 & 6241) in the same building, Tax Key #691-9841-002
Notice of public hearing was published in the City‟s official newspaper on April 22, 2010.
Mr. Erickson presented diagrams associated with the public hearing. He said the request involves a tobacco store that wants to move to a different location within the strip center to become a bar but sell tobacco products but not allow any smoking inside due to the new State law that goes into effect in July, 2010 that prohibits that ability. The Plan Commission believes it is a minor change to move the business from one space to another area, but the ability to open a bar was forwarded to the Council without a recommendation.
Brian Pulda, current owner of Cigarette Mart, 6229 South 27th Street, said his original intent, prior to his knowledge of the State smoking ban, was to have a place where people could smoke, lounge, and have a glass of wine and beer. He said he has made some adjustments due to the smoking ban. He said the business will probably remain Cigarette Mart but add a type of full-blown convenience, full-blown tobacco store. On the other end coffee, cappuccino, lattes, wine, and beer will be served. Half of the lounge area will be like a café style lounge area with the other half being a more comfortable setting with a chair, couch, television environment where an individual can socialize and have a glass of wine. He said he is thinking outside the box ever since the double tax last year on tobacco. He said a bar has loud music and loud people. His business would have a more laid back atmosphere.
No one else appeared in favor or in opposition to the proposal.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
During discussion, Attorney Pyzyk informed Mr. Pulda that once he combines the business with a “Class B” license, no one under the age of 21 will be able to come on the premises.
In referring to the proposed diagram, Mr. Pulda asked if a wall could be constructed across where the cigars are to separate the tobacco from the other end.
Attorney Pyzyk said someone would be going through the “Class B” premises in order to get to the smoke shop and that is the problem.
Mr. Pulda indicated there is a separate entrance just to go into the smoke shop.
In response to a question from Mr. Pulda, Attorney Pyzyk said a wall could be constructed by the cooler [on the sketch] so someone could not get from the smoke shop into the “Class B” premises, but he would have to be careful. The “Class B” license would not extend into the area where the smoking products are sold. Attorney Pyzyk also added that Mr. Erickson included in the narrative from the Plan Commission that the licenses involved would be a Class “B” Beer and “Class C” Wine, however, if wine were to be sold, the applicant would have to apply for a Combination “Class B” Beer & Liquor License because a “Class C” Wine License would not pertain on these premises because the major use is not a restaurant.
-18566- C.C.-5/4/10
Mr. Pulda said he prefers to use the word lounge rather than bar. It will be somewhere that is more quiet than a bar where someone can relax, a peaceful environment. He said the type of business has been successful on the east side.
Attorney Pyzyk stated the patrons in the bar area cannot go into the smoke shop area and smoke.
Alderperson Pietrowski asked if this applicant would have the ability to have the same square feet in the new development with the special use if the building were taken down and the shopping center redeveloped.
Attorney Pyzyk said his opinion is that the applicant would have to reapply for the special use because the building for which he applied for the special use would no longer exist.
Mr. Pulda said if he builds the business and nobody comes, he will be out of business. If people patronize the business, it is something the citizens want. The tax really affected the business and he is trying to adapt and wants to try something different. When asked, Mr. Pulda said he is currently in negotiations with the leaser to determine if, in the future, it may be possible to expand an outside fenced in smoking area on the west side if he can meet the codes.
Alderperson Lubotsky said that would mean the beverages may be served outside as well. She also clarified that the hours of operation would be Sunday through Thursday 7:00 a.m. to 2:00 a.m. and Friday & Saturday 7:00 a.m. to 2:30 a.m. for the lounge.
Mr. Erickson stated the Plan Commission did determine the physical layout of the storefront didn‟t lend itself to create an outside bar service situation and is meant to be just an inside service area.
Alderperson Saryan said as Alderperson, she has not received any comment from any constituent. She received one phone call in favor.
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve a Special Use to sell/serve beer, wine, and liquor for on-premise consumption as part of a shifting of the business location from its current space (6229) in this multi-tenant retail building, to two vacant tenant spaces (6239 & 6241) in the same building, Tax Key #691-9841-002.
Under discussion, the City Attorney indicated when the application for the Combination “Class B” Beer & Liquor License is filed, the applicant will have to delineate at which address it will apply.
On a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
-18567- C.C.-5/4/10 10. Plan Commission Meeting held April 13, 2010
Item #14 After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve a Planned Unit Development amendment/Special Use amendment/Site, Building, & Landscaping Review for the purpose of converting the Champps Restaurant at 5030 South 74th Street into “El Beso Restaurant”; the conversion includes both interior and exterior modifications, along with an outdoor patio area with a six foot high stucco screen wall around it, subject to Plan Commission and staff comments, Tax Key #617-9975-023. On a roll call vote, the motion carried unanimously.
11. Community Development Authority Meeting held April 20, 2010
It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve a Resolution for Relocation Order as it relates to the Greenfield Crossing Redevelopment Plan adopted in 2009, subject to Community Development Authority and staff comments.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
At this time, the Council proceeded with Item #23
12. Board of Public Works Meeting held April 27, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the following:
Item #6 A traffic signal installation and maintenance agreement, including dedication of right-of-way with Devo Greenfield LLC, at South 80th Street and West Layton Avenue, and authorize the Mayor to execute said agreement
Item #7 A traffic signal installation and maintenance agreement with Milwaukee County at South 80th Street and West Layton Avenue, with installation cost to be specially assessed to adjoining property owners, and operating/maintenance cost to be paid by Devo Greenfield LLC until such time as traffic using the signal to/from the north exceeds traffic using the signal to/from the south, and authorize the Mayor to execute said agreement
After a discussion, on a roll call vote, the motion carried unanimously.
13. Finance & Human Resources Committee Meeting held April 28, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve the following:
Item #3 Approve and accept the City of Greenfield Financial Statements and Independent Auditor‟s Report and Baker Tilly Virchow Krause, LLP management letter, as prepared
Item #5 Schedules of disbursements in the amount of $249,734.93 and $446,988.52
-18568- C.C.-5/4/10 Item #6 Mileage reimbursements in the amount of $81.00
Item #7 Investments and reinvestments in the amounts of $20,649,189.53 and $11,725,814.14
Item #8 Accept the March, 2010 financial statement
On a roll call vote, the motion carried unanimously.
14. City Clerk‟s Report:
a. After a discussion, it was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to award the bid for publishing of Council proceedings, legal notices, and matters set in a display format to Community Newspaper (Greenfield NOW) based on the following bid submitted and designate Greenfield NOW as the City‟s official newspaper:
Council proceedings/legal notices: 1st insertion/line $0.58 2nd insertion/line $0.47
Display ads, sample ballots, and other matter set in display format: 1st insertion/column inch $4.70 2nd insertion/column inch $4.27
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski, Akers & Saryan voting yes; Alderperson Kastner voting no.
b. Receipt of Civil Complaint from Wisconsin Carry Inc. v. City of Greenfield, et al was referred to the CITY ATTORNEY
15. Appointments to various committees and commissions:
a. Council appointments:
After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve appointments to the Public Safety Committee as recommended by Alderpersons Pietrowski and Akers as follows:
A.D. #2 Jeff Powers, 7637 West Allerton Avenue, for a term to expire May 1, 2013
A.D. #4 Allen Shutta, 7131 West Van Norman Avenue, for a term to expire May 1, 2013
Motion carried unanimously.
-18569- C.C.-5/4/10
The following appointments are to be placed on the NEXT AGENDA:
a. Council appointments:
(1) A.D. #1 One member to the Public Safety Committee for a term to expire 5/1/13 (Aaron Steinle)
(2) A.D. #3 One member to the Public Safety Committee for a term to expire 5/1/13 (Mike Kasten)
(3) A.D. #5 One member to the Public Safety Committee for a term to expire 5/1/13 (John Malek)
16. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of an operator license to each of the following:
Johnson, Sarah E.-15150 W. Grange Ave. Knueppel, Michelle L.-1971 S. 72nd St. Riviere, Heather A.-4508 W. Anthony Dr. Tsopelas, George S.-S83 W17446 Cedar Crest Ln. Van Ryn, Dilan G.-5011 S. Heritage Dr.
Motion carried unanimously.
No action was taken on the application for an operator license received from Amanda M. Csik, 5465 South Amberwood Lane due to the police report.
17. After a discussion, it was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to approve the issuance of a Class “A” Beer License to Walgreen Co., Michael Sunderlage, Agt., for the property located at 4688 South 108th Street. On a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
18. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to approve a Secondhand Article Dealer License for The Exclusive Company Corp. for the property located at 5026 South 74th Street (The Exclusive Company). Motion carried unanimously.
19. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the request of DDM Enterprises, LLC, Michelle M. Scheifen, Agt., to extend their Combination “Class B” Beer & Liquor License to serve beer and liquor in the backyard area of Fat Boy Roadhouse, 8222 West Forest Home Avenue, on Saturday, May 22, 2010 from 10:00 a.m. to 12:00 noon and 5:00 p.m. to 9:00 p.m. due to hosting a memorial ride for Pamela A. Roberts with donations going to Operation Home Front.
After a discussion, the motion carried unanimously.
-18570- C.C.-5/4/10 20. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the request of Hooters of Greenfield, Inc., Robert J. Hall, Agt., to extend their Combination “Class B” Beer & Liquor License and their Entertainment License to hold a swimsuit contest in the back of the parking lot at 7700 West Layton Avenue from 6:00 p.m. to 10:00 p.m. on Tuesday, May 18, 2010. Motion carried with Alderperson Kastner voting no.
21. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of the following licenses to expire June 30, 2011, subject to the City of Greenfield ordinances regarding code compliance and payment of all delinquent taxes and charges:
a. 2010-2011 CLASS “A” FERMENTED MALT BEVERAGE LICENSE
NAME BUSINESS ADDRESS
Binta Inc., Jaindra V. Malde, Agt. 3900 S. 92nd Street (Xpress Food Mart) (convenience store with storage area) R&R Petroleum, Inc., Dwarika Singh, Agt. 4715 S. 27th Street (Sai Mart #3) (one story building with walk-in cooler and Beercave) Shri Ganesh Enterprises Inc., Bhikhabhai R. Patil, Agt. 5235 W. Loomis Rd. (Citgo Gas Station) (one story convenience store with storage in coolers) Villager Food Mart LLC, Manjeet K. Sidhu, Agt. (Loomis Gas & Food) (cooler and display) 4306 W. Layton Ave.
b. 2010-2011 COMBINATION “CLASS A” FERMENTED MALT BEVERAGE & LIQUOR LICENSE
NAME BUSINESS ADDRESS
Aldi Inc. (Wisconsin), Adam J. Weil, Agt. 4225 S. 108th Street (Aldi #73) (single story grocery store, backroom, and sales floor) Aldi Inc. (Wisconsin), Kelly R. Menden, Agt. 4615 W. Layton Ave. (Aldi #23) (17,325 sq. ft. single story brick building, backroom, sales floor, and office) Gajjar Corporation, Ashok Kumar Gajjar, Agt. 6845 W. Layton Ave. (Villager Food Mart) (first floor) Gill Liquor & Beverages LLC, Amandip Singh, Agt. 4312 W. Howard Ave. (Jens Beverage Center) (sold in store and stored in adjoining garage) Ray‟s Butcher Shoppe Inc., Raymond A. Konkol, Agt. 4640 W. Loomis Rd. (Ray‟s Butcher Shoppe) (6,000 sq. ft. building, stored in backroom, and sold in store) Sendik‟s Greenfield LLC, Theodore T. Balistreri, Agt. 7901 W. Layton Ave. (Sendik‟s Food Market) (sold on sales floor and stored in secured basement) Villager Food Mart LLC, Manjeet K. Sidhu, Agt. 4415 W. Loomis Rd. (Loomis Food & Beverage) (shelves, coolers, and display) Villager Food Mart LLC, Manjeet K. Sidhu, Agt. 5612 W. Forest Home Ave. (Forest Home Beer & Liquor) (coolers, shelves, and basement)
-18571- C.C.-5/4/10
c. 2010-2011 CLASS “B” FERMENTED MALT BEVERAGE LICENSE
NAME BUSINESS ADDRESS
Beijing Kyoto Inc., Gui Qing Chen, Agt. 7453 W. Layton Ave. (Kyoto Restaurant) (3,000 sq. ft. one story building with storage in front) GAR WAL LLC, Shinong Li, Agt. 6725 W. Layton Ave. (Tam‟s Chop Suey) (first floor of restaurant) PH Hospitality Group LLC, Robert K. Hulen, Agt. 5051 S. 27th Street (Pizza Hut) (free standing building with beer kept in cooler) PH Hospitality Group LLC, Karen L. Martin, Agt. 4171 S. 76th Street (Pizza Hut) (free standing building with beer kept in cooler) The Noodle Shop, Co.-Wisconsin, Inc., Jane F. Neustaedter, Agt. 4859 S. 76th Street (Noodles & Company) (3,092 sq. ft. single story building) United Seniors of Wisconsin Inc., Carolyn L. Clements, Agt. 4515 W. Forest Home Ave. (United Seniors of Wisconsin Inc.) (single room bingo hall)
d. 2010-2011 COMBINATION “CLASS B” FERMENTED MALT BEVERAGE & LIQUOR LICENSE
NAME BUSINESS ADDRESS
* Boulder Junction-Greenfield Inc., Tom D. La Licata, Agt. 4395 S. 76th Street (Mad Dog Saloon) (bar, dining area, and basement storage) Dan-El Corp., William J. Sorensen, Agt. 4305 S. 84th Street (Gas-Lite West) (first floor and basement) DMH Spirits Inc., Diane M. Hammerling, Agt. 6800 W. Layton Ave. (68th St. Pub) (first floor and basement) 5105 W. Coldspring Road LLC, Jeffrey M. Tondryk, Agt. 5105 W. Cold Spring Rd. (Bottoms Up) (bar, office, and basement) 4353 Ltd., Derek M. Paikowski, Agt. 4353 S. 108th Street (Piper Music Palace) (first floor dining area, kitchen, and storage) GD Classic Inc., Gina L. Daroszewski, Agt. 5404 W. Layton Ave. (Classic Lanes Greenfield) (bowling center with 16 lanes, billiards, bar, video games, snack bar, storage in basement, and locked liquor room) GMRI, Inc., Andrew P. Jensen, Agt. 4645 S. 76th Street (Red Lobster #146) (7,000 sq. ft. one story masonry building with storage room) GMRI, Inc., Ronnie P. Bowen, Agt. 4760 S. 76th Street (The Olive Garden Italian Restaurant #1226) (one story masonry building with basement and stucco exterior) Hwy. 100 Bar & Grill Inc., Jeffrey M. Willms, Agt. 3578 S. 108th Street (Club Paragon) (main bar, party room, basement, storage room, and outdoor patio area) Japanica Wisconsin LLC, Xiu Ying Liu, Agt. 4918 S. 74th Street (Japanica) (dining area, bar, walk-in cooler, and storage cabinet)
-18572- C.C.-5/4/10
Joey‟s Mob Scene, LLC, Joe R. Turenne, Agt. 4500 W. Forest Home Ave. (Joey‟s Mob Scene) (two story brick building, main/basement) Klemmer, Inc., William M. Klemmer, Sr., Agt. 10401 W. Oklahoma Ave. (Klemmer‟s Banquet Center) (colonial building-cater banquets, food and cocktail service) Koller, Frederick W. (Jr.) 5614 W. Forest Home Ave. (B.B. Rubbles) (first floor and basement) Longshots Sports Bar Inc., Donald D. Habermehl Jr., Agt. 5045 W. Loomis Rd. (Longshots Sports Bar) (bar, back room, and basement) Los Mariachis Mexican Restaurant Inc., Ramon Madrigal, Agt. 4305 W. Layton Ave. (Los Mariachis Mexican Restaurant) (dining room and bar on the main floor with partial storage in the basement) McFin LLC, Mark S. Silber, Agt. 4060 W. Loomis Rd. (Fin „N Feather) (first floor of tavern, basement of tavern and house, and outdoor patio area) Meyer‟s Restaurant, Inc., Lawrence M. Meyer, Agt. 4260-I S. 76th Street (Meyer‟s Restaurant & Bar) (bar, dining room, and banquet halls) P.D.G.D.P.S. Inc., Sam Diamantopoulos, Agt. 4711 S. 108th Street (Forum II Restaurant) (one story 8,000 sq. ft. restaurant) Quantum Leap Restaurants, Inc., Michael C. Loporchio, Agt. 4638 S. 76th Street (T.G.I. Friday‟s) (full service restaurant and bar with liquor room and beer cooler) Romine‟s High Pockets Inc., Terry B. Romine, Jr., Agt. 6125 S. 27th Street (Romine‟s High Pockets) (24,000 sq. ft. brick building, cooler in back and beer garden) Schneider‟s Corner Club, LLC, Kathleen A. Schneider, Agt. 4309 W. Grange Ave. (Corner Club) (beverage sales at 4309 W. Grange Ave. with common hallway and alcohol and beer storage in basement of 4311 W. Grange Ave. - No basement under bar.) Southridge Athletic Club, Inc., James J. Krukowski, Agt. 6815 W. Edgerton Ave. (Jimmy K‟s Bar & Grille) (two room bar and kitchen attached to health club) Team R n‟ B Wisconsin, LLC, Peter J. Benedict, Agt. 5077 S. 27th Street (Famous Dave‟s) (5,912 sq. ft. single story building with full bar and 188 seating capacity) The New Drift Inn Inc., Donna J. Halaska, Agt. 8302 W. Forest Home Ave. (The New Drift Inn) (tavern and basement storage) TMS Catering Inc., Thomas J. Schmitz, Agt. 5110 W. Loomis Rd. (Carl‟s Catering) (two bars, one in each hall, one beer cooler, and one storage room) T.T.M.T. Inc., Tom S. Tsopelas, Agt. 3740 S. 108th Street (Genesis Restaurant) (restaurant) Twinz Inn Inc., Natalie C. Placke, Agt. 3800 S. 108th Street (Scott E‟s Pub) (entire main floor and basement) Wendt LLC, James R. Wendt Sr., Agt. 6031 W. Layton Ave. (Wendt‟s Pub & Grill) (first floor and lower level) WHG Real Estate South, LLC, Michael Nape, Agt. 5100 S. 76th Street (Applebee‟s Neighborhood Grill & Bar) (bar, dining area, cooler, storage room and area between kitchen and bar area) Yee, Frank K. 7920 W. Layton Ave. (Lychee Garden Restaurant) (first floor bar and restaurant, basement for storage)
-18573- C.C.-5/4/10
e. 2010-2011 “CLASS C” WINE LICENSE
NAME BUSINESS ADDRESS
Beijing Kyoto Inc., Gui Qing Chen, Agt. 7453 W. Layton Ave. (Kyoto Restaurant) (3,000 sq. ft. one story building with storage in front) GAR WAL LLC, Shinong Li, Agt. 6725 W. Layton Ave. (Tam‟s Chop Suey) (first floor of restaurant) The Noodle Shop, Co.-Wisconsin, Inc., Jane Neustaedter, Agt. 4859 S. 76th Street (Noodles & Company) (3,092 sq. ft. single story building)
It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to amend the motion to exclude the application for a Combination “Class B” Fermented Malt Beverage & Liquor License received from Boulder Junction-Greenfield Inc., Tom D. La Licata, Agt., for the property located at 4395 S. 76th Street, (Mad Dog Saloon) until after the Plan Commission meeting and subsequent Common Council meeting. On a roll call vote on the amendment to the motion, the motion carried unanimously.
On a roll call vote on the original motion, as amended, carried unanimously.
Note: The asterisk * on the previous listing for Combination “Class B” Fermented Malt Beverage & Liquor Licenses signifies that application was not approved as the result of the motion, as amended, being passed.
22. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
At this time, the Council proceeded with Item #24
23. After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adopt Resolution No. 3338. RESOLUTION NO. 3338
RESOLUTION OF NECESSITY FOR ACQUISITION OF LANDS FOR PUBLIC PURPOSES AND AUTHORIZATION TO PROCEED AS IT RELATES TO THE GREENFIELD CROSSING REDEVELOPMENT PLAN ADOPTED IN 2009
WHEREAS, the Community Development Authority of the City of Greenfield (“CDA”) and the Common Council of the City of Greenfield (“Common Council”) have adopted a comprehensive plan of redevelopment and project boundaries for a portion of the City and declared the project area blighted and in need of redevelopment.
NOW THEREFORE, be it resolved by the Common Council, as follows:
-18574- C.C.-5/4/10 1. That the elimination of substandard, slum, deteriorated and blighted areas and properties as defined in sec. 66.1333, Stats., within the project area is a public purpose;
2. That secs. 66.1333(5)(a)3 and 66.1333(5)(b)1, Stats., authorize the acquisition of land for such public purpose, by the authority of Chapter 32, Wis. Stats., including eminent domain, if necessary;
3. That it is necessary and in furtherance of the above-stated public purpose to acquire property within the project boundaries, specifically the property referenced in the Relocation Order attached hereto as Exhibit A;
4. That the CDA may, in accordance with Chapter 32, Wis. Stats., including eminent domain if necessary, acquire the property referenced on Exhibit A, from the record owner thereof and any and all persons who have an interest of record in said property;
NOW, THEREFORE BE IT RESOLVED that the CDA is hereby authorized and directed to file the approved Relocation Order attached hereto as Exhibit A, pursuant to sec. 32.05(1)(a), Stats., with the Milwaukee County Clerk.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
At this time, the Council proceeded with Item #12
24. City Attorney‟s Report:
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adopt Resolution No. 3339. RESOLUTION NO. 3339
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by WALGREEN COMPANY, for excessive assessment in 2009 of the properties located at 4688 South 108th Street and 4405 West Layton Avenue, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within 90 days of the date of receipt of this disallowance.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
-18575- C.C.-5/4/10
25. Items for future agenda
a. Alderperson Kastner said the City of West Allis devalued their property in the City as a whole and believes that is something the City of Greenfield could look at.
b. Closed session items regarding litigation in which the City is involved
26. It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to adjourn the meeting at 8:31 p.m. Motion carried unanimously.
______Susan L. Witon, Deputy City Clerk
Distributed: May 10, 2010
-18576- C.C.-5/4/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, MAY 18, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney Rick Sokol Director of Neighborhood Services
2. An opening prayer was given by Chaplain Jim Leggett.
3. Pledge of Allegiance
4. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the May 4, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. Mayor‟s Report
a. Finance & Human Resources Committee Meeting held May 12, 2010
Item #12 It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve the proposed settlement agreement between the City of Greenfield and the International Association of Firefighters AFL-CIO Local 1963 to settle Grievance #2010-01. On a roll call vote, the motion carried unanimously.
b. Mayor Neitzke addressed the Council regarding his Veto of Item #9, the Common Council approval of May 4, 2010 of a Special Use to sell/serve beer, wine, and liquor for on-premise consumption as part of a shifting of the business location from its current space (6229) [South 27th Street] in this multi-tenant retail building, to two vacant tenant spaces (6239 & 6241) [South 27th Street] in the same building, Tax Key #691-9841-002
After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to override the Mayor‟s Veto of Item #9, the Common Council approval of May 4, 2010 of a Special Use to sell/serve beer, wine, and liquor for on-premise consumption as part of a shifting of the business location from its current space (6229) in this multi-tenant retail building, to two vacant tenant spaces (6239 & 6241) in the same building, Tax Key #691-9841-002.
After a discussion, on a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
-18577- C.C. – 5/18/10
6. Aldermanic Reports - None
7. Announcements
Dan Jansen Fest will be held Memorial Day weekend.
8. Citizen Commentary
The following addressed the Council:
Brian Pulda, owner of Cigarette Mart, 6229 South 27th Street, said he wanted to correct statements made that the machines in his business, which he inherited when he purchased the business, paid out. He stated he repeatedly told the Detective of the Greenfield Police Department that he did not pay out. He said the machines were only used for entertainment purposes.
9. Public hearing for approval of a Special Use toopen an Italian pizzeria restaurant in the vacant tenant space at 6131 West Cold Spring Road. This business is mainly carry-out and delivery. Proposed hours are 11:00 a.m. to 9:00 p.m. daily. (In 2008, “Crunch-Time Sub Sandwich Shop” was approved at this location, but ultimately was not open very long.) Tax Key #603-9999-001.
Notice of public hearing was published in the City‟s official newspaper on May 6, 2010.
Rick Sokol, Director of Neighborhood Services, said the proposal is made by Marsel Feto to operate an Italian pizzeria. Mr. Sokol stated the layout of the restaurant suggests there is carryout or delivery. Mr. Sokol presented a diagram of the property in question. The hours of operation are proposed to be 11:00 a.m. to 9:00 p.m. seven days a week.
No residents appeared in favor or in opposition to the proposal.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve a Special Use to open an Italian pizzeria restaurant in the vacant tenant space at 6131 West Cold Spring Road. This business is mainly carry-out and delivery. Proposed hours are 11:00 a.m. to 9:00 p.m. daily. Tax Key #603-9999-001.
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to amend the motion to postpone the installation of pavement in the rear of the building for two years from this date (May 18, 2010) as requested by the landlord of the property and recommended by staff. On a roll call vote, the motion carried unanimously.
On a roll call vote, the original motion, as amended, carried unanimously.
-18578- C.C. – 5/18/10
10. Board of Public Works Meeting held April 27, 2010 (action taken on Items 6 & 7 at May 4, 2010 Council meeting)
Item #11 It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve installing a No Parking Zone in the southbound lane of South 84th Street from the south end of the Bank Mutual driveway to West Forest Home Avenue and marking a right turn lane. Motion carried unanimously.
Item #10 It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve a maintenance agreement with Wisconsin Department of Transportation for a pedestrian crossing lighting system and pavement markings at South 92nd Street and West Forest Home Avenue, Project 2007 #9.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
Item #13 It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve a resolution amending Resolution No. 3292, Resolution Establishing Storm Water Utility Credits.
After a discussion, on a roll call vote, the motion carried unanimously.
11. Plan Commission Meeting held May 11, 2010
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the following:
Item #5 Special Use Review for Tamira Calk as the new business/property owner of Grainger‟s Pub & Grill, 3400 West Loomis Road, subject to Plan Commission and staff comments, Tax Key #576-9998
Item #6 Resolution regarding release of restrictions as to specific real estate and revocation of Ordinance No. 8 as to specific real estate for Layton Plaza Retail Center, 7477 West Layton Avenue, subject to Plan Commission and staff comments, Tax Key #617-0082-004
Item #7 Amendment to the Planned Unit Development Amendment/Site, Building, Landscaping Review approved in February, 2010 for the proposed construction of a now 48-unit (was 44 unit), single-story memory care facility in the southwest corner of the Clement Manor site (Phase One) at 3939 South 92nd Street, subject to Plan Commission and staff comments, consider this a minor change not needing a public hearing, Tax Key #568-9999-006
Item #8 Site/Building/Landscaping Review and a PC Waiver (building signage) for the purpose of Ultimate Electronics occupying the entire vacant former Circuit City building at 4585 South 76th Street, subject to Plan Commission and staff comments, and with an eight foot blue band instead of the 10‟ band presented, and also to allow the signage as presented, and with shepard hook lighting to replace the current lighting in the front parking lot of the store, Tax Key #605-9944-013
-18579- C.C. – 5/18/10 Item #10 Alley vacation request at 3636 South 52nd Street and 3657 South 51st Street, subject to Plan Commission and staff comments, Tax Key Nos. 556-0314-001 (3636 South 52nd Street) and 556-0301 (3637 South 51st Street)
Motion carried unanimously.
12. Finance & Human Resources Committee Meeting held May 12, 2010 (action taken on Item #12 in Item #5a of these Council minutes)
It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the following:
Item #3 Reimbursement of $228.10 for weed and tree cutting services provided at 4933 South 79th Street, Tax Key #616-0054
Item #6 Schedules of disbursements in the amounts of $5,956.76; $77,583.07; $307,489.98; $1,171,078.63; $504,261.00 and ($852.93)
Item #7 Mileage reimbursements in the amount of $887.00
On a roll call vote, the motion carried unanimously.
Item #4 It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the transfer of funds to appropriate capital improvement accounts.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
13. Park & Recreation Special Board Meeting held May 12, 2010
Item #4 It was moved by Alderperson Saryan, seconded by Alderperson Akers, to name the neighborhood park located at 6130 South 40th Street “Jim Smrz Park”. On a roll call vote, the motion carried unanimously.
14. City Clerk‟s Report:
a. Notice of Claim received from Albert & Jane Fredach regarding the recording of Certified Survey Map No. 7859, signed by Greenfield Estates Limited Partnership and Andreas Bouraxis, which includes a 15 ft. by 217.80 ft. parcel of land they own at the southeast end of Lot 2 was referred to the CITY ATTORNEY
b. Claim received from Julie Horbinski for damage done to her vehicle on April 23, 2010 when her windshield was struck by a rock while driving behind a Greenfield Department of Public Works truck on I-43 between the Moorland and West Layton Avenue exits was referred to the CITY ATTORNEY
See action taken in Item #27b of these minutes.
-18580- C.C. – 5/18/10 15. Appointments to committees and commissions:
a. Council appointments:
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to confirm the Whitnall School District appointment of Nancy Zaborowski, 10034 West Meadow Drive, as the Whitnall School District representative to the Park & Recreation Board for a term to expire May 31, 2011. Motion carried unanimously.
A.D. #1
It was moved by Alderperson Saryan, seconded by Alderperson Akers, to reappoint Denise Collins, 4439 South 38th Street, as a member to the Park & Recreation Board for a term to expire May 31, 2014. Motion carried unanimously.
A.D. #2
It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to reappoint Cheryl Bailey, 4281 South 81st Street, as a member to the Park & Recreation Board for a term to expire May 31, 2014. Motion carried unanimously.
A.D. #5
It was moved by Alderperson Saryan, seconded by Alderperson Akers, to appoint Robert Selin, 5621 South 45th Street, as a member to the Public Safety Committee for a term to expire May 1, 2013. Motion carried unanimously.
b. Mayor appointments, confirmed by Council:
It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to confirm the Mayor‟s reappointment of Paula Lucey, 3716 South Oakbrook Drive; Allen Owen, 5310 West Loomis Road; and Leon Saryan, 3714 West Vogel Avenue, as members to the Board of Health for a term to expire June 1, 2012. Motion carried unanimously.
The following appointments are to be placed on the NEXT AGENDA:
a. Council appointments:
Confirmation of the Greenfield School District appointment to the Park & Recreation Board for a term to expire 5/31/11 (Audrey Ellison) (awaiting recommendation of appointment from Greenfield School District)
A.D. #1 One member to the Public Safety Committee for a term to expire 5/1/13 (Aaron Steinle)
-18581- C.C. – 5/18/10 A.D. #3 One member to the Public Safety Committee for a term to expire 5/1/13 (Mike Kasten)
One member to the Park & Recreation Board for a term to expire 5/31/14 (David Smith)
16. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to approve the issuance of a 2009-2010 operator license to the following:
Anderson, Jennifer E.-3320 S. 66th St. Brandemuehl, Catherine S.-10505 W. Euclid Ave. Chellman, Brian H.-4224 S. 122nd St. Girard, Amy J.-5529 S. Disch Ave. Hill, Emily M.-1939 S. 102nd St. Lewin, Nicholas R.-10131 W. Grant Ct. Peyton, Richard T.-W279 N2140 Prospect Ave. Seavers, Jessica L.-2719 Wildberry Ave. Sickler, Wendy E.-3144 W. American Dr.
Motion carried unanimously.
No action was taken on the application for an operator license received from Wendy L. Monigold, 4565 South Whitnall Avenue, on the basis of her police report.
17. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the issuance of a 2009-2010 Class “A” Beer License to Fahim LLC, Akil I. Ajmeri, Agt., for the property located at 4710 South 108th Street (Greenfield 66) (2,000 sq. ft. convenience store/gas station). Motion carried unanimously.
18. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the issuance of a 2009-2010 Class “A” Beer License to Layton Petro Mart, LLC, Karl G. Rajani, Agt., for the property located at 12345 West Layton Avenue (Layton Petro Mart) (sold in a section of the coolers) (Note: application previously filed and approved 3/16/10 was submitted as an Individual applicant instead of an LLC). Motion carried unanimously.
19. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of a 2009-2010 Combination “Class B” Beer & Liquor License to Calk Enterprises, Inc., Tamira L. Calk, Agt., for the property located at 3400 W. Loomis Road (Grainger‟s Bar and Grill) (first floor bar with storage on second floor and in basement). Motion carried unanimously.
20. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of a 2009-2010 Entertainment License to Calk Enterprises, Inc., Tamira L. Calk, Agt., for the property located at 3400 West Loomis Road (Grainger‟s Bar and Grill) (Type of entertainment: juke box, karaoke, live bands, new and old top 40 music). Motion carried unanimously.
21. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the issuance of a 2009-2010 Entertainment License to Borchardt Speed Automotive, Inc., Michael G. Borchardt, Mgr., for the property located at 6101 South 27th Street. (Type of entertainment: 29th Annual Father‟s Day Car Show on Sunday, June 20, 2010 from 7:00 a.m. – 4:00 p.m.). Motion carried unanimously.
-18582- C.C. – 5/18/10 22. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve a change of agent for Target Corporation, 4777 South 27th Street, from Andrea C. Jurgilanis to Alexander Elgersma, W168 N11351 Stone Way. Motion carried unanimously.
23. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of the following licenses to expire June 30, 2011, excluding the application for a 2010-2011 Entertainment License received from Boulder Junction-Greenfield Inc., Tom D. La Licata, Agt., for the property located at 4395 South 76th Street, (Mad Dog Saloon), subject to the City of Greenfield ordinances regarding code compliance and payment of all delinquent taxes and charges:
a. 2010-2011 OPERATOR LICENSE APPLICANTS
1. ALBA, Gregory J. 5540 South 44th Street 2. ANDERSON, Jennifer E. 3320 South 66th Street 3. ANGOLI, Elizabeth J. 4756 South 68th Street, #2 4. ANNIS, Doreen L. S92 W22950 Joy Lane 5. ARMBRUSTER, Brittany L. 6630 West Barnard Avenue, #106 6. ASCHENBRENNER, Jessica A. 8154 West Forest Garden Court, #6 7. BARRON, Steven 4920 South 14th Street, #102 8. BAUER, Mark A. 4920 South 14th Street, #200 9. BELCHER, John W. 5202 West Forest Home Avenue, #3 10. BELDIN, Christine V. 8811 West Marshfield Court 11. BEREITER, Steven J. 1557 North 50th Street 12. BERMINGHAM, Erin L. 5928 South 32nd Street 13. BIGALKE, Amy S. 4253 South 97th Street 14. BILLICK, Shelby K. 2053 South 72nd Street 15. BILOT, James R. 5588 Serene Court 16. BOCK, Sarah A. 7225 West Southridge Drive, #187 17. BRAIN, Aaron W. 12335 West Oklahoma Avenue, #68 18. BRANDEMUEHL, Catherine S. 10505 West Euclid Avenue 19. BRINKMAN, Amanda L. 6434 West Cold Spring Road 20. BURKE-MILLER, Susan J. 3757 South 88th Street 21. BUSH, Joleen A. 168A North 67th Street 22. BUSHMAN, Michael C. 4922 High Meadows Terrace 23. CALK, Tamira L. 8950 South 77th Street 24. CARDENAS, Callie J. 8020 West Howard Avenue 25. CAVAZOS, Ricardo E. 3350 South 60th Street 26. CAVAZOS, Tara A. 3350 South 60th Street 27. CHAUDHARI, Vandana B. 5921 West Cold Spring Road, #7 28. CHELLMAN, Brian H. 4224 South 122nd Street 29. CORRAO, Joseph A. 3757 South 88th Street 30. CRIVELLO, Chad A. 4660 South 49th Street 31. CROWLEY, Patrick C. W192 S6632 Hillendale Drive 32. CYRUS, Jessica M. 1927 South 82nd Street 33. DANIEL, Dominique L. 1256 South 50th Street
-18583- C.C. – 5/18/10 34. DANIELSON, Stacy L. 5209 South 13th Street, Unit B 35. DEERING, Kara J. 5305 South 110th Street 36. DELMORE, Kathleen B. 6644 West Holmes Avenue 37. DeWITT, Lee R. 6430 West English Meadows Drive, G302 38. DYKHUIZEN, Scott M. 4825 South Katelyn Circle, JJ204 39. EBERHARDY, Lindsey R. 3548 South Toldt Circle 40. ESENBERG, Aaron P. 4806 West Midland Drive 41. EWIG, Nancy D. 3840 South 108th Street 42. FALKOWSKI, Stephen J. 10227 West Parklane Court 43. FEILEN, Susan 3432 South Ninth Street 44. FRIEND, Cheryl M. 11920 West Janesville Road, #4F 45. GARRISON, Michael J. 1654 North Van Buren Street 46. GEBAUER, Melissa A. 4185 South 122nd Street 47. GELDON, Christopher M. 1320 Drexel Boulevard 48. GIRARD, Amy J. 5529 South Disch Avenue, #3 49. GOTZ, Patricia S. 4850 South 72nd Street, #124 50. GRAINGER, Daniel R. 7767 West Margaret Lane 51. GROTKIEWICZ, Kelly L. 4536 W. Tripoli Avenue 52. GRUBB, Cheryl A. 1926 South 70th Street 53. GRUNWALD, Robert D. 9421 West Morgan Avenue 54. GRYCAN, David D. 5255 South 110th Street 55. HARTNELL, John L. (Jr.) 6320-48th Avenue 56. HERKOWSKI, Donald P. 6620 West Charles Court 57. HICKMAN, Christine J. 3758 South Howell Avenue 58. HILL, Emily M. 1939 South 102nd Street 59. HOBLITZELL, Michael R. 2722 South 47th Street 60. IMLER, Jennifer L. 4920 South 14th Street, #102 61. JOHNS, Kristin L. 9148 West Waterford Sq. S, #4 62. JONES, Dawn M. 25729 South Wind Lake Road 63. JOPP, Michael G. 3776 West Southwood Drive 64. JUHAY, Lisa M. 3405 South 63rd Street 65. JUNG, Judith A. 8612 West Montana Avenue 66. KAPPUS, Katherine M. 913 Manitoba Avenue, Upper 67. KAUR, Gurinder P. 3433 West Colony Drive 68. KAUR, Rughwinder 5021 South 33rd Street 69. KNUEPPEL, Michelle L. 1971 South 72nd Street 70. KOOPMEINERS, Diane E. 8510 West Waterford Avenue, #5 71. KOPPLIN, Robert J. 2860 South 127th Street 72. KOSTECKI, Joni L. 5334 West Dakota Street 73. KOSTRZEWA, Stephanie L. 5547 South Illinois Avenue 74. KOWALSKI, Jerome J. 6027 West Bottsford Avenue 75. KRAFT, Jolene S. 1519 South 72nd Street 76. KRAMER, Deborah J. S51 W25225 Glendale Road 77. KUMMROW, Kelvin W. 3138 South 84th Street 78. KUMMROW, Sandra A. 3138 South 84th Street 79. LEWIN, Nicholas R. 10131 West Grant Court, #8
-18584- C.C. – 5/18/10 80. LINSKI, Heidi 6460 South Crabapple Court, #4 81. LIU, Xiu Y. 2601 Wensley Court 82. LLOYD, Anthony J. 494 Park Avenue 83. LUCIO, Dawn R. 3328 South 76th Street, #1 84. LUDKA, Melissa A. 3319 South 100th Street, #30 85. MALDE, Priti 4026 South 118th Street 86. MANTHE, Susan L. W162 N5533 Westwind Drive 87. MARINKOVIC, Sandra 3700 South 61st Street, #5 88. MARTIN, Jennifer I. 2233 South Mound Street, #A 89. MARTINES, Mario C. 5307 Eastway, #2 90. MATTSON, Kristin L. 11933 West Lakefield Drive 91. MEYER, Pamela W328 S1570 Forest Hills Court 92. MICHALOWSKI, Jeffrey 3825 South Hanson Avenue 93. MILLER, Tiffany M. 11140 West Woodside Drive 94. MINCH, Jamie L. 1004 Rawson Avenue, #19 95. MIZENER, John A. 741 East Brandybrook Road 96. MOGA, Alysia 1570 North Prospect Avenue, #1212 97. MUDEK, Paul A. 8111 West Waterford Avenue 98. NAKLES, Kara A. 4300 South 49th Street 99. NELSON, Julie A. 4257 South 99th Street 100. NEWKIRK, Emma C. 217 North 63rd Street 101. NEWKIRK, Sarah A. 217 North 63rd Street 102. NOWAK, Cheryl A. 21975 West Oak Park Drive 103. OELKE, Lynnette S. 620A North Hawley Road 104. OSTROWSKI, Melissa T. N8823 County Road N 105. OVERHOLT, Jeffrey A. 4183 South 54th Street 106. PADILLA, Carrie A. 12502 7-1/2 Mile Road 107. PEER-DRAKE, Olianna 6925 West Hollow Lane 108. PEROW, Celeste M. 4310 South 51st Street 109. PEROW, Natalie A. 2332 West Goldcrest Avenue 110. PETERSON, James E. 1040 South 88th Street 111. PETERSON, Mandy C. 4768 South 68th Street, #5 112. PETERSON, Tricia A. 6975 South Brian Court 113. PEYTON, Richard T. W279 N2140 Prospect Avenue 114. PRUSZKA, Christine M. 6080 South Barland Avenue 115. QUADE , Emily J. 5846 South 42nd Street 116. QUAST, Candace M. 1801 West Salem Street 117. RADAJ, Amy L. 1819 South 12th Street, Upper 118. REBERNICK, Ronald J. 2029 West Ramsey Avenue 119. RENIER, Barbara K. 4245 South Whitnall Avenue 120. RETZAK, Justin D. 3140 West Howard Avenue, #15 121. RIVIERE, Heather A. 4508 West Anthony Drive 122. RODRIGUEZ, Cecilia D. 2464 West Auer Avenue 123. ROGERS III, Thomas O. 3957 South 76th Street, #2 124. ROMINE, Terry B. (Jr.) 8075 South Forest Meadows Drive 125. ROMINE-FUHRMAN, Nicole M. 3369 South HighPointe Drive
-18585- C.C. – 5/18/10 126. ROSALES, Debra L. 6785 South 18th Street 127. SAMZ, Amber R. 210 South 61st Street 128. SCHAEFER, Dawn M. 3471 South 38th Street 129. SCHALLOCK, Cassandra T. 8602 West Hayes Avenue 130. SCHANTNER, Michael P. 2461 South 96th Street 131. SCHMALZER, David A. 930 South 124th Street 132. SEIS, Wyatt T. 3220 South 49th Street, #1 133. SHEROCK, Christina A. 3680 South Rivershire Drive, #8 134. SICKLER, Wendy E. 3144 West American Drive 135. SIDHU, Agya P. 4570 South 116th Street 136. SKOCZYNSKI, Susan M. 4171 South 54th Street 137. SNIEG, Amanda M. 2365 South 78th Street 138. SOKOL, Stacy L. 3700 South 35th Street 139. SORENSEN, David J. 3435 East Lunham Avenue 140. SPENNEBERG, Ryan C. 7701 West Morgan Avenue 141. STANKOVSKY, Bryan J. 4032 South 84th Street 142. STANKOVSKY, Rhonda S. 4032 South 84th Street 143. STECK, Benjamin R. 177 South 63rd Street 144. STELDT, Toni M. 3207 West Kimberly Avenue 145. STENCEL, Steven 9500 West Carpenter Avenue 146. STEVENS, Maxine C. 3832 South 57th Street 147. SZKLARSKI, Jessica L. 5768 Rustic Lane 148. THOLL, Jeremy M. 3767 South Lenox Street 149. TONDRYK, Brian T. 5105 West Cold Spring Road, Upper 150. TONDRYK, Linda M. 6556 West Dodge Place 151. TSOPELAS, George S. S83 W17446 Cedar Crest Lane 152. USADEL, Mark S. 4310 South 51st Street 153. VAN RYN, Dilan G. 5011 South Heritage Drive, L104 154. VERMIGLIO, Kathryn R. 3600 South Loretta Lane 155. VO, Ngan H. 7931 South 47th Street 156. VOLTZ, Susan C. 1436 South 72nd Street 157. WENDT, Jessica R. 11717 West Waterford Avenue 158. WENDT, Nicholas J. 11717 West Waterford Avenue 159. WEPRINSKY, Joseph 7135 West Southridge Drive, #105 160. WILKE, Lana J. 3300 West Cold Spring Road 161. WILLIAMS, Lisa A. 7936 West Barnard Avenue 162. WILSON, Jennifer L. W316 S2833 Roberts Road 163. ZAIS, Tina A. 1942 South 92nd Street
b. 2010-2011 COMBINATION “CLASS A” FERMENTED MALT BEVERAGE & LIQUOR LICENSE
NAME BUSINESS ADDRESS
Jaystores, LLC, Jigar U. Chaudhari, Agt. 6115 W. Cold Spring Rd. (Coldspring Liquor) (walk-in coolers and shelves)
-18586- C.C. – 5/18/10
c. 2010-2011 CLASS “B” FERMENTED MALT BEVERAGE LICENSE
NAME BUSINESS ADDRESS
Pho Viet LLC, Ngan H. Vo, Agt. 5475 S. 27th St. (Pho Viet Vietnamese Cuisine) (one floor building, alcohol stored in kitchen and under counter) Roaring Fork LLC, Ron Stokes, Agt. 5075 S. 76th St. (Qdoba Mexican Grill) (alcohol beverages will be stored and served inside restaurant and beverages will be served on patio)
d. 2010-2011 COMBINATION “CLASS B” FERMENTED MALT BEVERAGE & LIQUOR LICENSE
NAME BUSINESS ADDRESS
Boulder Junction-Greenfield Inc., Tom D. La Licata, Agt. 4395 S. 76th St. (Mad Dog Saloon) (bar, dining area, and basement storage) Calk Enterprises, Inc., Tamira L. Calk, Agt. 3400 W. Loomis Rd. (Grainger‟s Bar and Grill) (first floor bar with storage on second floor and in basement) DDM Enterprises, LLC, Michelle M. Scheifen, Agt. 8222 W. Forest Home Ave. (Fat Boy Roadhouse) (alcohol served in bar on first floor, stored in basement cooler and locked storage area in basement, stored in kitchen cooler) Diamond Jim‟s 6869 of Greenfield Inc., James Letizia, Agt. 6869 W. Forest Home Ave. (Diamond Jim‟s Checkers) (6,000 sq. ft. building with bar upstairs and downstairs, hall downstairs, storage on both floors – storage at lower level bar and lower level back room and at upper bar and upper back room) KC 524 Center, Inc., Michael G. Jopp, Agt. 3200 S. 103rd St. (KC 524 Center) (building consisting of one level – hall, bar, and bowling alley) Outback/Chicago-I, Limited Partnership, David T. Hahn, Agt. 7401 W. Barnard Ave. (Outback Steakhouse) (6,500 sq. ft. building with storage for alcohol) Perow, Celeste M.; Perow, Natalie A.; Perow, Nicholas A. 5175 S. 27th St. (Scuttlebutt Lounge) (one story building including basement) Red Robin International Inc., Aaron P. Esenberg, Agt. 7575 W. Edgerton Ave. (Red Robin America‟s Gourmet Burgers & Spirits) (bar, dining room, KEG cooler, and liquid storage room)
-18587- C.C. – 5/18/10
e. 2010-2011 DRY CLEANING AND/OR WASHING MACHINE LICENSE
NAME BUSINESS ADDRESS
Candyce Weir Enterprises Inc. (Candy‟s Homestyle Laundry) 6401 W. Forest Home Ave. Jaystores LLC (Maytag Laundry) 6121 W. Cold Spring Rd. LBJ Industries LLC (Greenfield Quick Wash) 6835 W. Layton Ave. Midwest Drycleaning Ventures LLC (Uniprice Cleaners) 7860 W. Layton Ave. Star Services Howard Inc. (Star Tanning & Laundromat) 4101 W. Howard Ave. Sun‟s Pantry Inc. (Sun‟s Family Dry Cleaners) 4281 S. 76th St.
f. 2010-2011 ENTERTAINMENT LICENSE
NAME BUSINESS ADDRESS
Barnes & Noble Booksellers, Inc., June M. Johnson, Agt. 4935 S. 76th St. (Barnes & Noble Booksellers) (instrumental music, vocal singing and author events) * Boulder Junction –Greenfield Inc., Tom D. La Licata, Agt. 4395 S. 76th St. (Mad Dog Saloon) (band, karaoke, and patron style dancing) Calk Enterprises, Inc., Tamira L. Calk, Agt. 3400 W. Loomis Rd. (Grainger‟s Bar and Grill) (juke box, karaoke, live bands, new and old top 40 music) Dan El Corp., William J. Sorensen, Agt. 4305 S. 84th St. (Gas Lite West) (patron style dancing to jukebox and occasional DJ, wedding & party patron style dancing) DDM Enterprises LLC, Michelle M. Scheifen, Agt. 8222 W. Forest Home Ave. (Fat Boy Roadhouse) (bands, karaoke, patron type dancing to live music and jukebox) Diamond Jim‟s 6869 of Greenfield Inc., James Letizia, Agt.6869 W. Forest Home Ave. (Diamond Jim‟s Checkers) (patron style dancing and live music) 5105 W. Coldspring Road LLC, Jeffrey M. Tondryk, Agt. 5105 W. Cold Spring Rd. (Bottoms Up) (band, DJ, and patron style dancing) 4353 Ltd., Derek M. Paikowski, Agt. 4353 S. 108th St. (Piper Music Palace) (live organ music, Dixieland band) GD Classic Inc., Gina L. Daroszewski, Agt. 5404 W. Layton Ave. (Classic Lanes Greenfield) (16 lane bowling center with bar, snack bar, billiards, video games, CD internet jukebox, and occasionally a DJ or live band for special events and fundraisers0 Green Fields Golf Center LLC, Gilbert E. Hoelzer, Mgr. 10600 W. Layton Ave. (Green Fields Golf Center) (golf range and miniature golf) House of Harley-Davidson, Inc., John H. Schaller, Mgr. 6221 W. Layton Ave. (House of Harley-Davidson) (pancake breakfasts, BMX Stunt Bicycle Riders, bike shows, bands, fashion shows, car shows, bingo, motorcycle safety demonstration, dyno contest, tattoo contest and services for special events)
-18588- C.C. – 5/18/10 Hwy. 100 Bar & Grill, Inc., Jeffrey M. Willms, Agt. 3578 S. 108th St. (Club Paragon) (live music, apple TV, casino nights for fun, karaoke, and DJ one to two times per year) Joey‟s Mob Scene, LLC, Joe R. Turenne, Agt. 4500 W. Forest Home Ave. (Joey‟s Mob Scene) (karaoke, band, singing, patron type dancing, DJ, and casino night) K C 524 Center, Inc., Michael G. Jopp, Agt. ` 3200 S. 103rd St. (K C 524 Center) (hall, bar, bowling alley, weddings, patron style dancing, bands, DJ, train shows, and craft fairs) Klemmer, Inc., William M. Klemmer, Sr., Agt. 10401 W. Oklahoma Ave. (Klemmer‟s Banquet Center) (patron type dancing to music for private parties such as weddings, anniversary, etc., supplied by private music companies) Koller, Frederick W. (Jr.) 5614 W. Forest Home Ave. (B.B. Rubbles) (jukebox, karaoke, and band) Longshots Sports Bar, Inc., Donald D. Habermehl, Jr., Agt. 5045 W. Loomis Rd. (Longshots Sports Bar) (karaoke, pool, darts, softball & volleyball teams, jukebox and computer music) Los Mariachis Mexican Restaurant, Inc., Ramon Madrigal, Agt. 4305 W. Layton Ave. (Los Mariachis Mexican Restaurant) (bands, trios, D.J., and patron type dancing) McEssy Investment Co., Ernest Masucci, Mgr. 5040 S. 76th St. (McDonald‟s) (car show-Wednesday night at McDonald‟s from 5:00 p.m. to 9:30 p.m., music, cars, disc jockey) McFin LLC, Mark S. Silber, Agt. 4060 W. Loomis Rd. (Fin „N Feather) (patron type dancing, darts, volleyball, pool, picnics, jarts, car shows, live music, karaoke, horseshoes, DJ, horas, Barmitzvas, and first communions) Meyer‟s Restaurant, Inc., Lawrence M. Meyer, Agt. 4260-I S. 76th St. (Meyer‟s Restaurant & Bar) (bands and DJs in banquet hall, patron type dancing, and occasional strolling musicians) Perow, Celeste M.; Perow, Natalie A.; Perow, Nicholas A. 5175 S. 27th Street (Scuttlebutt Lounge) (karaoke and bands) River Falls Recreation Inc., Loretta Kleczka, Mgr. 5401 W. Layton Ave. (River Falls Family Fun Center) (miniature golf, batting cages, video game/arcade, and pedal carts) Romine‟s High Pockets, Inc., Terry B. Romine, Jr., Agt. 6125 S. 27th St. (Romine‟s High Pockets) (billiards, games, patron type dancing, volleyball, pool tournament, and pay per view) Schneiders Corner Club, LLC, Kathleen A. Schneider, Agt. 4309 W. Grange Ave. (Corner Club) (karaoke; patron type dancing to jukebox; pool, dart & softball team leagues) Silver Cinemas Acquisition Co., Sarah M. Drezdzon, Mgr. 4475 S. 108th St. (Budget South Cinemas) (movie theatre with concession stand) Southridge Athletic Club, Inc., James J. Krukowski, Agt. 6815 W. Edgerton Ave. (Southridge Athletic Club/Jimmy K‟s Bar & Grille) (racquetball, aerobics, music, DJ, and swimming) The New Drift Inn, Inc., Donna J. Halaska, Agt. 8302 W. Forest Home Ave. (The New Drift Inn) (live music, karaoke, and patron style dancing) TMS Catering, Inc., Thomas J. Schmitz, Agt. 5110 W. Loomis Rd. (Carl‟s Catering) (DJ, bands, radio, and patron style dancing)
-18589- C.C. – 5/18/10 Twinz Inn Inc., Natalie C. Placke, Agt. 3800 S. 108th St. (Scott E.‟s Pub) (DJ, karaoke, band, and jukebox) Wendt LLC, James R. Wendt, Sr., Agt. 6031 W. Layton Ave. (Wendt‟s Pub & Grill) (karaoke, patron type dancing to jukebox and small bands)
g. 2010-2011 PAWNBROKER LICENSE
APPLICANT BUSINESS ADDRESS
LaPaz Inc. (Genesis Jewelry & Art Gallery) 6011 W. Layton Ave.
h. 2010-2011 SECONDHAND ARTICLE DEALER LICENSE
APPLICANT BUSINESS ADDRESS
GameStop, Inc. (GameStop 3370) 4967 S. 76th St. Keynote Inc. (Music Go Round) 5012 S. 74th St. LaPaz Inc. (Genesis Jewelry & Art Gallery) 6011 W. Layton Ave. Love Jewelry LLC (Robert Haack Diamonds) 7530 W. Layton Ave. Original CD Exchange, Inc. (Mega Media Xchange) 4820 S. 76th St. Zagmandoo Sports LLC (Play It Again Sports) 7499 W. Layton Ave.
i. 2010-2011 SECONDHAND JEWELRY DEALER LICENSE
APPLICANT BUSINESS ADDRESS
DP Enterprises Midwest, LLC (The Jewelry Center) 7477 W. Layton Ave. Gordon F. Planning, Inc. (Greenfield Gold & Silver) 4390 W. Loomis Rd. Jewelry Repair Shop LLC (Jewelry Repair Shop) 6205 S. 27th St. Kesslers Diamond Center Inc. (Kesslers Diamond Center) 5075 S. 76th St. LaPaz Inc. (Genesis Jewelry & Art Gallery) 6011 W. Layton Ave. Love Jewelry LLC (Robert Haack Diamonds) 7530 W. Layton Ave.
After a discussion, on a roll call vote, the motion carried unanimously.
Note: The asterisk * on the previous listing for Entertainment Licenses signifies the application for a 2010- 2011 Entertainment License received from Boulder Junction-Greenfield Inc., Tom D. La Licata, Agt., for the property located at 4395 South 76th Street, (Mad Dog Saloon), was not approved as the result of the motion that passed. The application is to be placed on the NEXT AGENDA.
-18590- C.C. – 5/18/10 24. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
25. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Resolution No. 3340. RESOLUTION NO. 3340
A RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS AS TO SPECIFIC REAL ESTATE AND REVOCATION OF ORDINANCE NO. 8 AS TO SPECIFIC REAL ESTATE FOR LAYTON PLAZA SHOPPING CENTER
WHEREAS, as a condition of the approval by the Milwaukee County Board of Supervisors (the “Board”) of Layton Heights subdivision (the “Subdivision”), including the use of certain parcels of land in the Subdivision for the operation of gasoline service stations and the approval of the installation of pump islands in the operation of the gasoline service stations within the affected parcels (the “Reserved Strips”), the Board required the imposition of certain covenants and restrictions to affect the parcels should the approved use be discontinued; and
WHEREAS, in accordance with the Board‟s requirements for approval of the Subdivision, Larlin Corporation (“Larlin”), the subdivider of the Subdivision, executed an agreement (“Agreement”) dated May 19, 1955, and recorded in the Office of the Register of Deeds for Milwaukee County, Wisconsin on June 24, 1955, as Document No. 3405165, wherein it agreed to and with the County of Milwaukee and the Town of Greenfield that, should the use of the site be discontinued for gasoline service station purposes, the Reserved Strips would revert to use for off-street parking purposes only. The right to enforce the covenants and restrictions was reserved to the County of Milwaukee and the Town of Greenfield, now the City of Greenfield, Wisconsin (the “City”); and
WHEREAS, pursuant to Ordinance No. 8 passed and adopted by the Common Council (“Common Council”) of the City on June 26, 1957, a certified copy of which was recorded in said Register‟s Office on July 1, 1957 as Document No. 3589410 (the “1957 City Ordinance”), the Common Council approved, among other things, the vacation and discontinuance of the off-street parking area and public service street at the intersection of South 76th Street and West Layton Avenue adjacent to Lots 5 and 6 in Block 1 of the Subdivision, and as depicted on the Exhibit attached thereto, with the reservation that in the event the vacated lands are no longer used as gasoline stations or shopping centers, the then owners of Lots 5 and 6 in said Block 1 agree to remove all of the improvements placed in the portions of the off-street parking area and vacate the premises; and
WHEREAS, Layton Plaza, a Wisconsin Partnership (now known as Layton Plaza, LLP, a Wisconsin limited liability company (“Layton”)), the successor in title to Larlin, recorded that certain Certified Survey Map No. 6457 in said Register‟s Office on December 30, 1997 as Document No. 7467801 (the “CSM”), which CSM was approved by the Common Council of the City and is comprised of Lots 5 and 6, Block 1 of the Subdivision, together with the vacated off-street parking and service street referenced in the 1957 City Ordinance, and is more particularly described as follows:
-18591- C.C. – 5/18/10 PARCEL 1 OF CERTIFIED SURVEY MAP NO. 6457, RECORDED ON DECEMBER 30, 1997, REEL 4212, IMAGES 776 TO 778 INCLUSIVE, AS DOCUMENT NO. 7467801, A REDIVISION OF PARCELS 1 AND 2 OF CERTIFIED SURVEY MAP NO. 2878, AND LOT 6 IN BLOCK 1 IN LAYTON HEIGHTS, TOGETHER WITH THE VACATED OFF STREET PARKING AND SERVICE STREET ADJOINING SAID LOT 6 TO THE WEST AND NORTH, ALL BEING A PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWN 6 NORTH, RANGE 21 EAST, IN THE CITY OF GREENFIELD, COUNTY OF MILWAUKEE, STATE OF WISCONSIN.
TAX KEY #: 617-0082-004
WHEREAS, Layton is the current owner of the above referenced real estate (the “Property”), upon which is located that certain shopping center more commonly known as the Layton Plaza Shopping Center (“Shopping Center”); and the Property is no longer used as a gasoline station; and
WHEREAS, Layton is requesting that the City (i) release the covenants, restrictions and right to enforce the Agreement against the owners of the Shopping Center; and (ii) adopt a Resolution repealing and releasing the City‟s reservation of rights to require a rededication of any portion of the Property in the event the Property is no longer used as a gasoline station or shopping center as set forth in the 1957 City Ordinance; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City as follows:
Section 1. Findings and Determinations.
It is hereby found and determined that:
(a) the City agrees to the release of the covenants and restrictions set forth in the Agreement requiring utilization of certain portions of the Property for offstreet parking purposes only and agrees to release the City‟s rights to enforce the Agreement against the owners of the Property; and
(b) the Common Council of the City agrees to the adoption of a Resolution repealing and releasing the City‟s reservation of rights as set forth in Section 8.02 of the 1957 City Ordinance requiring a rededication of any portion of the Property in the event the Property is no longer used as a gasoline station or shopping center or in the event the City determines the lands should be restored to such uses; and
(c) the Mayor and the Clerk of the City are authorized to execute the form of Release of Restrictions as to Specific Real Estate attached hereto as Exhibit A with respect to the relinquishment of the rights set forth in the Agreement and the 1957 City Ordinance.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
-18592- C.C. – 5/18/10
On a roll call vote, the motion carried unanimously.
26. Engineering Division Report:
a. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adopt Ordinance No. 2701. ORDINANCE NO. 2701
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows: NO PARKING at any time shall be allowed on the west side of South 84th Street from a point 280 feet south of the right-of-way centerline of West Layton Avenue (C.T.H. Y) to the right-of- way centerline of West Forest Home Avenue (S.T.H. 24).
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
b. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to adopt Resolution No. 3341.
RESOLUTION NO. 3341
RESOLUTION AMENDING STORM WATER UTILITY CREDITS
WHEREAS, on July 21, 2009, the City of Greenfield Common Council adopted Resolution No. 3292 establishing Storm Water Utility credits in the form of three charges, including the Base Charge (BC), the Equivalency Charge (EC), and the Special Charge (SC);
-18593- C.C. – 5/18/10
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of the City of Greenfield that Resolution No. 3292 be amended to decrease the maximum credit percents for Storm Water Utility Credits, wherever applicable, and include isolated areas with riparian, wherever applicable.
BE IT RESOLVED that paragraph F(1) shall be restated as follows:
1. Credit for constructed storm water BMPs may equal up to thirty-five percent (35%) of the parcel storm water utility equivalency charge (EC) portion of their fee for BMPs that reduce total suspended solids (TSS) by at least eighty percent (80%).
FURTHER, BE IT RESOLVED that paragraphs G(1) and G(2) shall be restated as follow:
1. Credit for riparian or isolated area land owners may equal up to thirty-five percent (35%) of the parcel storm water utility equivalency charge (EC) portion of their fee.
2. The credit may be prorated linearly by the amount of impervious area that is identified as riparian or isolated areas compared to the total amount of impervious area on the parcel.
FURTHER, BE IT RESOLVED that paragraph H(1) shall be restated as follows:
1. Credit for constructed storm water BMPs within Riparian or Isolated Areas may equal up to seventy percent (70%) of the parcel storm water utility fee for BMPs that reduce total suspended solids (TSS) by at least eighty percent (80%).
Introduced and adopted at a regular meeting of the Common Council of the City of Greenfield, a quorum of the Common Council being present.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
27. City Attorney‟s Report:
a. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to adopt Resolution No. 3342.
-18594- C.C. – 5/18/10 RESOLUTION NO. 3342
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by JOHN & PAMELA CARTER, for excessive assessment in 2009 of the property located at 8836 West Dosie Avenue, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within 90 days of the date of receipt of this disallowance.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
b. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to adopt Resolution No. 3343.
RESOLUTION NO. 3343
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by JULIE HORBINSKI, for damage done to her vehicle on April 23, 2010 when her windshield was struck by a rock while driving behind a Greenfield Department of Public Works truck on I-43 between the Moorland and West Layton Avenue exits, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
c. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to go into closed session pursuant to Wisconsin Statutes, Section 19.85(1)(b)(f)&(g), at 8:12 p.m. for the following:
(1) Considering licensure, social or personal history, or medical information for purposes of issuing an operator license to Joseph A. Green, Jr.
(2) Granada Meadows lawsuit
Motion carried unanimously.
-18595- C.C. – 5/18/10 d. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to adjourn closed session and reconvene into open session at 8:36 p.m. Motion carried unanimously.
e. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the issuance of an operator license (2009-2010) to Joseph A. Green, Jr., 11030 South 10th Avenue. Motion carried unanimously.
f. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to authorize the City Attorney to proceed as directed, in closed session, regarding Granada Meadows lawsuit. Motion carried unanimously.
28. Items for future agenda
a. Discussion concerning closing secondary streets to major thoroughfares was referred to the Board of Public Works
b. Department Managers will be required to appear before the Common Council to make a presentation regarding their 2010-2011 budget.
29. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adjourn the meeting at 8:40 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
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Distributed: May 25, 2010
-18596- C.C. – 5/18/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, JUNE 15, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney Chuck Erickson Community Development Manager
2. An opening prayer was given by Chaplain Jim Leggett.
3. Pledge of Allegiance
4. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the May 18, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. Mayor‟s Report:
Mayor Neitzke indicated the Finance & Human Resources Committee has started meeting with each department regarding the 2011 budget.
6. Aldermanic Reports - None
7. Announcements - None
8. Citizen Commentary – None
At this time, the Council proceeded with Item #11
9. Public hearing to approve the request of Clear Wire for a Special Use at the Memorial United Methodist Church, 3450 South 52nd Street, to install their antennas at approximately 50‟ above grade on the chimney (4 units) and roof (1 dish unit). A 2‟ x 2‟ stainless steel equipment cabinet will also be installed on the site within an existing fenced area. Clear Wire is in the process of creating a nationwide 4G (4th generation) wireless network which will offer high-speed internet services. This is one of several locations in the City, Tax Key #530-1199-700
Notice of public hearing was published in the City‟s official newspaper on June 3, 2010.
-18597- C.C. – 6/15/10 Chuck Erickson, Community Development Manager, presented diagrams of the property in question. He indicated the Plan Commission gave a favorable recommendation with regard to the request. Mr. Erickson explained that after this item was discussed at the Plan Commission, Clear Wire withdrew their request for the hearing in a letter dated April 21, 2010. A couple weeks later they requested the hearing be held.
The following addressed the Council in favor of the proposal:
Don Reid, 6100 West Marcy Lane, and Trustee of Memorial United Methodist Church Rosemarie Barrette, 5344 South 48th Street, representing CCSI which was contracted by Clear Wire to perform their site acquisition
The following addressed the Council for information:
Terris Dobrzynski, 5205 West Nebraska Avenue
The following registered in favor but did not speak:
Janet Reid, 6100 West Marcy Lane, representing Memorial United Methodist Church
The following registered against but did not speak:
Glenn Wanek, 4956 West Vollmer Avenue
During discussion, Ms. Barrette indicated a ground unit in the back could be fenced in if the City requests.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, approve the request of Clear Wire for a Special Use at the Memorial United Methodist Church, 3450 South 52nd Street, to install their antennas at approximately 50‟ above grade on the chimney (4 units) and roof (1 dish unit). A 2‟ x 2‟ stainless steel equipment cabinet will also be installed on the site within an existing fenced area. Clear Wire is in the process of creating a nationwide 4G (4th generation) wireless network which will offer high-speed internet services. This is one of several locations in the City, Tax Key #530-1199-700. On a roll call vote, the motion carried unanimously.
10. Public hearing for the use of 2011 Community Development Block Grant funds
Notice of public hearing was published in the City‟s official newspaper on June 3, 2010.
Rick Sokol, Director of Neighborhood Services, stated the staff‟s proposal is to use the block grant funds for two purposes. One is to continue to fund the Senior Services Coordinator position in the Park & Recreation Department in the amount of $20,000. The balance, which is approximately $50,000 - $52,000 would go toward the renovation of the former library as a Greenfield Community Center.
-18598- C.C. – 6/15/10 Mayor Neitzke asked if that is to retro-fit and complete the kitchen area including finish millwork, electrical and plumbing, in addition to install moveable partition door between activity rooms A & B.
Mr. Sokol indicated that is the target. He said they do not have hard numbers as they go to bid. They want to be flexible with the grant to fill in holes after bid numbers are in and they have to complete the project.
No one appeared in favor or in opposition to the proposal.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
At this time, the Council proceeded with Item #12(12)
11. Legislative Committee Meeting held May 17, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the following:
Item #4 Repeal and recreate Section 12.06(4)(i) of the Municipal Code relating to reinspection fees
Item #6 Adopt an ordinance amending Chapter 8 of the Municipal Code (Traffic Code) regarding abatement of motor vehicles that have altered exhaust systems
On a roll call vote, the motion carried unanimously.
Item #7 It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve a $25 fee for open burning. On a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
12. Board of Public Works Meeting held May 25, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the following:
Item #8 Request of Maryann Ciepluck, 4550 South 51st Street, Tax Key No. 601-0155, for handicap parking in front of her property
Item #10 No Right Turn at all West Forest Home Avenue frontage road exits from the parking lot at 4395 South 76th Street and No Right Turn between 11:00 PM and 4:00 AM from westbound West Forest Home Avenue frontage road onto South 79th Street
Item #11 Installation of Temporary No Parking signs 15 feet from corners in the Shirley Crest neighborhood during festivals at Konkel Park, as indicated by Public Works and Police Department
During discussion, Rick Sokol, Director of Neighborhood Services, addressed the Council.
On a roll call vote, the motion carried unanimously.
-18599- C.C. – 6/15/10
At this time, the Council proceeded with Item #13
Item #12 It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve the application for 2011 Community Development Block Grant Program, with $20,000 to be allocated to salary and benefits for the Senior Program Coordinator in the Parks and Recreation Department and balance to be allocated to construction at Greenfield Community Center to retro-fit and complete kitchen area, including finish millwork, electrical and plumbing, and install a moveable partition door between activity rooms A and B. On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #14
13. Finance & Human Resources Committee Meeting held May 26, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
Item #4 Renewal of election hardware maintenance agreement with Command Central for 22 Optech Eagle voting machines effective January 1, 2011 through December 31, 2012
Item #9 Schedules of disbursements in the amounts of $222,369.26 and $714,091.36
Item #10 Mileage reimbursements in the amount of $332.99
Item #11 Investments and reinvestments in the amounts of $26,452,714.24 and $11,726,297.58
Item #12 Accept April 2010 financial statement
On a roll call vote, the motion carried unanimously.
Item #3 It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve renewal of maintenance agreement with Pitney Bowes for the mailing (postage) machine effective July 1, 2010 through June 30, 2011. On a roll call vote, the motion carried unanimously.
Item #7 It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve upgrades for Channel 25 broadcasts with funding not to exceed $24,000.
Under discussion, Mayor Neitzke read an anonymous letter received June 14, 2010 in opposition to spending $24,000 on upgrades.
After a discussion, on a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #9
-18600- C.C. – 6/15/10 14. Plan Commission Meeting held June 8, 2010
Item #4 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Certified Survey Map which creates two parcels at Clement Manor, 3939 South 92nd Street, subject to Plan Commission and staff comments. The new 2.2 acre parcel which is created will be used for the approved Our Lady of Angels memory care facility, Tax Key #568-9999-006. On a roll call vote, the motion carried unanimously.
15. Finance & Human Resources Committee Meeting held June 9, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve the following:
Item #7 Schedules of disbursements in the amounts of $779.57; $93,508.41; $278,571.25; $6,953,647.01; $912,557.00 and ($118.00)
Item #8 Mileage reimbursements in the amount of $501.55
On a roll call vote, the motion carried unanimously.
Item #3 It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve request of Real Estate Recycling for a 36-month extension on the Amendment to Offer to Purchase Agreement for the two city parcels adjacent to the Allis-Chalmers landfill site, Tax Key Nos. 564-9996 and 564-9998.
After a discussion, on a roll call vote, the motion carried unanimously.
16. City Clerk‟s Report:
a. Claim received from Anthony T. Bednarek regarding an automobile accident on June 2, 2009 was referred to the CITY’S INSURANCE COMPANY.
b. Claim received from Patricia J. Dentice for tire damage resulting from a pot hole located across the street from 5369 South 51st Street on May 11, 2010 was referred to the CITY ATTORNEY.
See action taken in Item #27d of these minutes.
c. Claim received from John Janich for damage to his vehicle caused by stones and debris thrown from a lawnmower while parked at the Greenfield Law Enforcement Center on April 23, 2010 was referred to the CITY ATTORNEY.
17. Appointments to various committees and commissions:
a. Council appointments:
It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to confirm the Greenfield School District appointment of Donald Almquist, 7029 West Chapman Avenue, as the Greenfield School District representative to the Park & Recreation Board for a term to expire May 31, 2011.
-18601- C.C. – 6/15/10
On a roll call vote, the motion carried with Alderpersons Kastner, Akers & Saryan voting yes; Alderpersons Lubotsky & Pietrowski voting no.
A.D. #3 It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to appoint Sue Stankus, 4414 South 86th Street, as a member to the Park & Recreation Board for a term to expire May 31, 2014. Motion carried unanimously. b. Mayor appointments, confirmed by Council:
(1) It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to confirm the Mayor‟s reappointment of Helen Springob, 4328 South 48th Street; Jean Haase, 5462 South 45th Street; and Carl Gobel, 4939 South Imperial Circle, as members to the Public Library Board for a term to expire July 1, 2013. Motion carried unanimously.
(4) It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to confirm the Mayor‟s appointment of Donald Kopp, 6102 West Plainfield Avenue, as a regular member to the Zoning Board of Appeals for a term to expire May 1, 2011. Motion carried unanimously.
The following appointments are to be placed on the NEXT AGENDA: a. Council appointments:
A.D. #1 One member to the Public Safety Committee for a term to expire 5/1/13 (Aaron Steinle)
A.D. #3 One member to the Public Safety Committee for a term to expire 5/1/13 (Mike Kasten)
A.D. #4 One member to the Public Safety Committee for a term to expire 5/1/13 (Allen Shutta) b. Mayor appointments, confirmed by Council:
(1) One member to the Fire & Police Commission for a term to expire 5/1/15 (Allen Shutta)
(2) One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
(3) One alternate member to the Community Development Authority for a term to expire 2/19/13 (Andrew Sikorski)
-18602- C.C. – 6/15/10 18. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to approve the issuance of a 2009-2010 operator license to each of the following:
Fisher, Paul T.-4300 Tydl Dr. Perow, Nicholas, A.-703 S. 100th St.
Motion carried unanimously.
19. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the request of PH Green Bay LLC n/k/a Hospitality Group LLC, 5051 South 27th Street, for a change of agent from Robert K. Hulen to Anthony J. Sternig, 4608 South 20th Street (Pizza Hut). Motion carried unanimously.
20. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve the request of Mega Marts LLC, 4200-D South 76th Street, for a change of agent from Joseph W. Schwartz to Michael T. Meszaros, 1419 Blake Avenue (Pick „n Save #6843). Motion carried unanimously.
20a. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to approve the request of DDM Enterprizes LLC, Michelle M. Scheifen, Agt., to extend their Combination “Class B” Beer & Liquor License to the backyard area at 8222 West Forest Home Avenue on Sunday, June 20, 2010 from 9:00 a.m. to 12:00 noon and 2:00 p.m. to 9:00 p.m. to host a private wedding (Fat Boy Roadhouse). Motion carried unanimously.
21. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the issuance of a Temporary “Class B” Retailer‟s License for St. John the Evangelist Festival to sell fermented malt beverages and wine at a festival to be held Friday, July 23, 2010 from 5:00 p.m. to 11:00 p.m.; Saturday, July 24, 2010 from 3:00 p.m. to 11:00 p.m.; and Sunday, July 25, 2010 from 12:00 noon to 9:00 p.m. at 8500 West Cold Spring Road. Motion carried unanimously.
22. It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner approve the issuance of a Carnival License to St. John the Evangelist Parish for a festival, with rides and stands, to be held Friday, July 23, 2010 from 5:00 p.m. to 11:00 p.m.; Saturday, July 24, 2010 from 3:00 p.m. to 11:00 p.m.; and Sunday, July 25, 2010 from 12:00 noon to 9:00 p.m. at 8500 West Cold Spring Road. Motion carried unanimously.
Note: Discussion and decision regarding Section 13.06(5) of the Municipal Code relating to hours of shows or exhibitions was referred to the LEGISLATIVE COMMITTEE.
23. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve the issuance of a Temporary “Class B” Retailer‟s License to Harley Owners Group-Milwaukee Chapter to sell fermented malt beverages at their Silver Celebration Membership Picnic/25th Anniversary event to be held Sunday, July 18, 2010 from 11:00 a.m. to 5:00 p.m. at House of Harley-Davidson, 6221 West Layton Avenue. (Outdoor event). Motion carried unanimously.
24. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the issuance of the following licenses to expire June 30, 2011, subject to the City of Greenfield ordinances regarding code compliance and payment of all delinquent taxes and charges:
-18603- C.C. – 6/15/10
a. 2010-2011 OPERATOR LICENSE APPLICANTS
1. Fisher, Paul T. 4300 Tydl Drive 2. Fleischman, Denise A. 3405 S. 50th Place 3. Hahn, Justin E. 1947 Madison Street 4. Jaeger, Jennifer S. 3557 E. Norwich Ct. 5. Johnson, Sarah E. 15150 West Grange Avenue 6. Johnson, Susan A. 2420 West Crabapple Lane, #4 7. Kaur, Harpinder 6260 South 51st Street, #7 8. Minnickel, Danielle M. 7909 West Lapham Avenue 9. Perham, Scott A. 2731 Prairie Court 10. Perow, Nicholas A. 703 South 100th Street 11. Poe, Christina A. 3366-A S. 15th Street 12. Rose, Heidi M. 4211 Mountain Lane 13. Schneider, Nicolle M. 1922 Madera Street, #12 14. Shoup, Russell J. 4602 South Howell Avenue 15. Stasiewicz, Trisha L. 4873 South 123rd Street 16. Sternig, Anthony J. 4608 South 20th Street 17. Stillman, Tracy L. 9346 South 43rd Street 18. Wolf, Mathew D. 2624 West Parnell Avenue 19. Wolf, Michael P. S75 W35584 Wilton Road 20. Zuber, Allison L. 2730 South 53rd Street
b. 2010-2011 CLASS “A” FERMENTED MALT BEVERAGE LICENSE
NAME BUSINESS ADDRESS
Fahim LLC, Akil I. Ajmeri, Agt. 4710 S. 108th St. (Greenfield 66) (2,000 sq. ft. convenient store) Layton Petro Mart LLC, Karl G. Rajani, Agt. 12345 W. Layton Ave. (Layton Petro Mart) (convenience store section of coolers) Target Corporation, Alexander R. Elgersma, Agt. 4777 S. 27th St. (Target Store T-0024) (130,152 sq. ft. one level brick building which consists of retail sales, storage, and area for display of Class “A” Beer) Walgreen Co., Michael L. Sunderlage, Agt. 4688 S. 108th St. (Walgreens #04827) (retail drug store with sundries in a one story building of 13,905 sq. ft.)
-18604- C.C. – 6/15/10
c. 2010-2011 COMBINATION “CLASS A” FERMENTED MALT BEVERAGE & LIQUOR LICENSE
NAME BUSINESS ADDRESS
Mega Marts LLC, Michael T. Meszaros, Agt. 4200-D S. 76th St. (Pick „n Save #6843) (single story retail grocery and liquor store) Viet Hoa Greenfield Supermarket Inc., Quinn V. Tran, Agt. 5455 S. 27th St. (Pacific Produce) (one story supermarket)
d. 2010-2011 CLASS “B” FERMENTED MALT BEVERAGE LICENSE
NAME BUSINESS ADDRESS
Castillo‟s Family Restaurant LLC, Juan M. Castillo, Agt. 4283 S. 76th St. (Castillo‟s Family Restaurant) (one story restaurant with a cooler)
e. 2010-2011 COMBINATION “CLASS B” FERMENTED MALT BEVERAGE & LIQUOR LICENSE
NAME BUSINESS ADDRESS
Carrabba‟s/Birchwood, Limited Partnership, Andrew D. Hacker, Agt. 4765 S. 76th St. (Carrabba‟s Italian Grill) (one story 5,576 sq. ft. building with 789 sq. ft. patio on a 61,480 sq. ft. lot) Hooters of Greenfield, Inc., Robert J. Hall, Agt. 7700 W. Layton Ave. (Hooters of Greenfield) (entire building) Viet Hoa Greenfield Restaurant Inc., Quinn V. Tran, Agt. 5465 S. 27th St (Pacific Seafood) (one story restaurant)
f. 2010-2011 “CLASS C” WINE LICENSE
NAME BUSINESS ADDRESS
Castillo‟s Family Restaurant LLC, Juan M. Castillo, Agt. 4283 S. 76th St. (Castillo‟s Family Restaurant) (one story restaurant with a cooler)
-18605- C.C. – 6/15/10 h. 2010-2011 SECONDHAND ARTICLE DEALER LICENSE
APPLICANT BUSINESS ADDRESS
GameStop, Inc. (GameStop 567) 7420 W. Holmes Ave. Maxcor Enterprises, Inc. (Disc Go Round) 4975 S. 76th St. The Exclusive Company Corp. (The Exclusive Company) 5026 S. 74th St.
i. 2010-2011 SECONDHAND JEWELRY DEALER LICENSE
APPLICANT BUSINESS ADDRESS
TimCo Enterprises LLC (JSK Jewelers) 9008 W. Forest Home Ave.
Motion carried unanimously. g. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve the issuance of the following Entertainment Licenses to expire June 30, 2011, subject to the City of Greenfield ordinances regarding code compliance and payment of all delinquent taxes and charges:
2010-2011 ENTERTAINMENT LICENSE
NAME BUSINESS ADDRESS
Boulder Junction –Greenfield Inc., Tom D. La Licata, Agt. 4395 S. 76th St. (Mad Dog Saloon) (band, karaoke, and patron style dancing) Bounce Realm LLC, Lidia Saypanya, Mgr. 4595 S. 27th St. (Bounce Realm) (family-friendly children‟s play and party center and indoor inflatable play center with inside or outside playground; simulator rides; crafts; interactive games; carnival; dancercise; innocent live entertainment of any kind (ie. children‟s magic show); children‟s theatre, cinema or playhouse; fitness gymnasium, sport or health club; inflatables; coin-operated rides and games; slides; movie area; food and refreshments; banquet hall; auditorium or other place of public assembly as part of family center activities; reading room, training or educational facility; exclusive parties; overnight parties for children) Hooters of Greenfield, Inc., Robert J. Hall, Agt. 7700 W. Layton Ave. (Hooters of Greenfield) (trivia, event night (appealing to groups such as “Bike Night”), music, TV) United Seniors of Wisconsin Inc., Carolyn L. Clements, Agt. 4515 W. Forest Home Ave. (United Seniors of Wisconsin Inc.) (bingo, music)
After a discussion, the motion carried unanimously.
-18606- C.C. – 6/15/10 25. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
26. Engineering Division Report:
a. It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to adopt Resolution No. 3344. RESOLUTION NO. 3344
RESOLUTION VERIFYING REVIEW AND AUTHORIZING SUBMITTAL OF THE 2009 WISCONSIN DEPARTMENT OF NATURAL RESOURCES COMPLIANCE MAINTENANCE ANNUAL REPORT (CMAR)
WHEREAS, Public sanitary sewer collection is a basic responsibility of local, county and state governments; and
WHEREAS, It is the responsibility of local, county and state governments to properly operate and manage wastewater collection systems so as to protect public safety and health; and
WHEREAS, Proper inspection, rehabilitation, and operation and maintenance of the sanitary sewer collection system would promote cost-effective performance of the system over its design life; and
WHEREAS, Revisions to Chapter NR 208, Wisconsin Administrative Code became effective January 2006 requiring permitted wastewater collection systems to submit a Compliance Maintenance Annual Report (CMAR) with a resolution verifying Common Council review, statement of corrective actions if necessary and authorization of submittal.
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Greenfield hereby verifies its review and authorizes the submittal of the 2009 Compliance Maintenance Annual Report (CMAR) for the City of Greenfield.
BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to the Wisconsin Department of Natural Resources (DNR).
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
b. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to adopt Ordinance No. 2702.
-18607- C.C. – 6/15/10 ORDINANCE NO. 2702
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
A HANDICAP PARKING ZONE is hereby created in front of the property at 4550 South 51st Street, Tax Key No. 601-0155. This Handicap Parking Zone is reserved for the parking of handicap vehicles and/or the temporary loading/unloading of handicap individuals.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
c & d.
After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Akers, to adopt Ordinance Nos. 2703 & 2704.
ORDINANCE NO. 2703
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
NO RIGHT TURN shall be permitted for westbound traffic exiting into the West Forest Home Avenue frontage road from the parking lot located at 4395 South 76th Street, Tax Key No. 605- 9979-002.
-18608- C.C. – 6/15/10
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
ORDINANCE NO. 2704
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
NO RIGHT TURN shall be permitted between the hours of 11:00 PM and 4:00 AM for westbound traffic on the West Forest Home Avenue frontage road turning onto South 79th Street.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
-18609- C.C. – 6/15/10 27. City Attorney‟s Report:
a. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Ordinance No. 2705. ORDINANCE NO. 2705
AN ORDINANCE REPEALING AND RECREATING SECTION 12.06(4)(i) OF THE GREENFIELD MUNICIPAL CODE – HEALTH AND SANITATION
The Common Council of the City of Greenfield do ordain as follows:
PART I. Repeal and recreate Section 12.06(4)(i) of the Greenfield Municipal Code to read as follows.
12.06 Licenses and Permits.
(4) Fees. (i) Reinspection. A reinspection fee shall be charged as enumerated in Chapter 3, subsection 3.12(8).
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
b. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to adopt Ordinance No. 2706.
ORDINANCE NO. 2706
AN ORDINANCE CREATING SECTION 8.27 OF THE MUNICIPAL CODE RELATING TO EXHAUST MUFFLERS ON MOTORCYCLES
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.27 of the Municipal Code is hereby created to read as follows:
“8.27 Mufflers, Prevention of Noise
-18610- C.C. – 6/15/10 No person shall, nor shall the owner allow any persons to, operate a motorcycle manufactured after December 31,1982, that is not equipped with an exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle‟s model year, as set out in the Code of Federal Regulations Title 40. No person shall modify the exhaust system of any motorcycle in a manner which will amplify or increase the noise emitted by the motorcycle above that emitted by the muffler originally installed, and such original muffler shall comply with the requirements of this section.”
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
c. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to adopt Ordinance No. 2707. ORDINANCE NO. 2707
AN ORDINANCE AMENDING SECTION 18.15(5)(a) REGARDING OPEN BURNING PERMIT FEE
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 18.15(5)(a) is hereby amended to read as follows:
“18.15(5)(a) Open burning – limitations
Burning of any kind is restricted. Open air burning of yard waste shall be allowed only by permit from the Fire Department. Permits will be available from the Fire Department. A fee of $25.00 shall be charged. See Municipal burning permit for rules and regulations.”
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
-18611- C.C. – 6/15/10
On a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
d. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Resolution No. 3345. RESOLUTION NO. 3345
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by PATRICIA J. DENTICE, for tire damage on May 11, 2010 due to a pothole located across the street from 5369 S. 51st Street, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously. e. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the claim received from John Janich.
Under discussion, it was noted that since Mr. Janich submitted his claim, his car was damaged again while grass was being mowed at the Police Department. It was determined to hold any action on this claim until it is known whether an additional claim will be submitted.
Alderperson Kastner withdrew his motion.
28. Items for future agenda – None
29. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adjourn the meeting at 8:10 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
JG:slw
Distributed: June 28, 2010
-18612- C.C. – 6/15/10 MINUTES OF THE SPECIAL COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON WEDNESDAY, JULY 7, 2010
1. The meeting was called to order by Mayor Neitzke at 6:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Excused Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Rick Sokol Director of Neighborhood Services
2. Finance & Human Resources Committee Meeting held June 30, 2010
Item #6 It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve funding in the amount of $95,000 from GENRES for a 2-inch asphalt overlay of the streets in the South 62nd Street and West Armour Avenue neighborhood, Project PW0903.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
3. It was moved by Alderperson Akers, seconded by Alderperson Saryan, to authorize a Change Order to the 2010 Pavement Replacement, Group B, contract for a 2-inch asphalt overlay of the streets in the South 62nd Street and West Armour Avenue neighborhood, Project PW0903.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
4. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adjourn the meeting at 6:10 p.m. Motion carried unanimously.
______Michael J. Neitzke, Mayor
MJN:slw
Distributed: July 12, 2010
-18613- Sp.C.C. - 7/7/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, JULY 20, 2010
1. The meeting was called to order by Mayor Neitzke at 7:01 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Jennifer Goergen City Clerk Roger Pyzyk City Attorney Chuck Erickson Community Development Manager
2. An opening prayer was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the June 15, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to approve the July 7, 2010 Special Common Council minutes, as recorded. Motion carried unanimously.
6. Mayor’s Report - None
7. Aldermanic Reports
Alderperson Saryan stated members of the Jim Smrz family officially dedicated Smrz Park, Greenfield’s newest neighborhood park located at 6130 South 40th Street on June 21, 2010. Jim Smrz was a longtime park advocate involved in all aspects of the Greenfield Park & Recreation Department. His generosity will have a lasting affect for years to come.
8. Announcements - None
9. Citizen Commentary
The following addressed the Council:
James Lach, 10830 West Cold Spring Road, stated massive amounts of water get into his basement via the tiles and the sump pump pumps it out. The sump pump has hardly shut off for one and one-half years. He said work was done on Greenfield Highlands, West Cold Spring Road widened, sewers dug, curbs. He questions if something was hit. He stated he has lived at his current residence for 60 years and never had water in the basement previously and
-18614- C.C.-7/20/10 didn’t have a sump pump until 1980. He believes the City should look at where the water is coming from because the City has 65 ft. from the center of the road north to his house. Almost 90% of his front yard is gone to City right-of-way and between his house and his neighbor’s there is 30 ft. x 280 ft. that is City right-of-way. He believes the water is pooling underneath somewhere and backing up into his basement. He added that his house is the last one by Wildcat Creek. In 1981, he was advised the City is suppose to clean underneath the bridge twice per year, however, he hasn’t seen anyone in 20 years. He wants someone from the City to look at these issues.
At this time, the Council proceeded with Item #10
Karen Wszola, 4918 West Colonial Court, indicated garbage has never been out for more than 12 hours. Garbage is not all over the place. Kathy Strong, 5077 West Colonial Court, said there is a problem with garbage out in the open on Fridays as a result of the bags being opened by animals. Joseph Kaye, 5071 West Colonial Court, is disappointed the Council is considering repealing the exemption given to Williamsburg Park condos with regard to the garbage and is happy with the current system. Eugene Kaluzny, 5087 West Colonial Court, indicated he is against rescinding the exemption, they have tried to work on this issue in the past, and would need ample time to implement the use of a dumpster. Patti Yuzna, 4956 West Colonial Court, reiterated the majority of people place their trash out the day before pickup; it is out less than 24 hours. Darnell Czaplicki, 5200 West Midland Drive, said she owns a condo in Williamsburg Park and she believes dumpsters are an eyesore. Doreen Zielinski, 4912 West Colonial Court, said she believes Williamsburg Park condos should follow the Municipal Code like the remainder of the City to keep the City looking decent. She said she would like to place her garbage in the dumpster when she has garbage and not have to keep it in her house or garage for a week. Patrick Pfaller, 5004 West Colonial Court, said he would not object to looking at an enclosure with two dumpsters in it. He said he does object to looking at garbage in the courtyard for approximately 12 hours until it is picked up or sitting out by the street. Nancy Johnson, 4903 West Colonial Court, is in favor of the exemption being rescinded and feels Williamsburg Park should reflect the remainder of Greenfield with regard to good sanitation and good garbage collection. Pam Lindeke, 5081 West Colonial Court, indicated she is in favor of the dumpster.
The Council returned to Item #28 for action
10. Public hearing for approval of a Special Use requested by The Wisconsin Athletic Club, 5020 South 110th Street, to be able to provide alcohol beverages to only their members at 12–15 social events throughout the year. Their normal hours of operation at this location will not change as a result of this request. Those hours are: Monday–Thursday: 4:30 a.m.–10:00 p.m.; Friday: 4:30 a.m.–9:00 p.m.; Saturday & Sunday: 6:00 a.m.–7:00 p.m. The locations within the building which have been identified as where these potential social events for members would occur where alcohol beverages would be available are: aerobics room, multi- purpose room, and outdoor pool area. Tax Key #612-8972-005.
-18615- C.C.-7/20/10 Notice of public hearing was published in the City’s official newspaper on July 8, 2010.
Chuck Erickson, Community Development Manager, presented a diagram of the property in question. He stated that the Wisconsin Athletic Club has indicated they provide alcohol beverages to their members in at least two or three other locations in the metro area and are working from that experience. Mr. Erickson stated the Plan Commission’s recommendation was favorable regarding this matter.
Chez Misko, representing Wisconsin Athletic Club, 5020 South 110th Street, indicated they are interested in having 36 events for members.
Discussion was held regarding the special use if, in the future, a different type of business were to be at that location.
It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve a Special Use requested by The Wisconsin Athletic Club, 5020 South 110th Street, to be able to provide alcohol beverages to their members only at 36 social events throughout the year. Their normal hours of operation at this location will not change as a result of this request. Those hours are: Monday–Thursday: 4:30 a.m.–10:00 p.m.; Friday: 4:30 a.m.–9:00 p.m.; Saturday & Sunday: 6:00 a.m.–7:00 p.m. The locations within the building which have been identified as where these potential social events for members would occur where alcohol beverages would be available are: aerobics room, multi-purpose room, and outdoor pool area, Tax Key #612-8972-005. On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #12
11. Public hearing for approval of a Special Use requested by Hussein & Katherine Ali for the purpose of opening a liquor store at 3318 West Loomis Road. The proposed hours of operation are Monday–Saturday: 10:00 a.m.–9:00 p.m. and Sunday 10:00 a.m.–5:00 p.m. [[Separately after this special use process has been completed, if successful, they will need to submit a “Class A” type of license request which is also approved by the Common Council]]. Tax Key #553-0440.
Notice of public hearing was published in the City’s official newspaper on July 8, 2010.
Chuck Erickson, Community Development Manager, presented a diagram of the property in question. The recommendation of the Plan Commission in June, 2010 was to authorize the public hearing process to proceed but not make a formal recommendation regarding whether to approve or deny the request. They had hosted a neighborhood information meeting. The Alis returned to the Plan Commission on July 13, 2010 with materials related to parking lot improvements, landscaping, lighting, dumpster enclosure, building exterior, signage, and parking shortage. At the Plan Commission meeting of July 13, 2010, the thought was not to review them in any greater detail depending upon the outcome of the decision regarding the special use this evening. If the special use is approved, then this aspect would go back to the Plan Commission at the August meeting. The Plan Commission reviewed the perspective as to where other “Class A” type of licenses exist within the City. Communications received regarding this matter have been distributed to the Council.
-18616- C.C.-7/20/10 Letters were received from the following in opposition:
Mark Ralfs, owns a home adjacent to the property in question Edward Widuch, 3345 West Lynndale Avenue Nikki, 4305 West Tumblecreek Drive, Franklin An anonymous letter indicating the neighborhood surrounding 3318 West Loomis Road objects Jerome F. Huiras, 4280 South 43rd Street
A letter was received from the following in favor:
Irene Hecker (son lives in the neighborhood of South 43rd Street & West Howard Avenue)
A letter with concerns was received from the following:
Robert Thomas, owner of Broken Windows Inc., 3300 West Loomis Road
The following addressed the Council in opposition:
Dave Schauer, 5005 West College Avenue, representing Folt Property Management LLC
The following registered against, but did not speak:
Yasser Ahmad, 5030 South 58th Street
The following addressed the Council in favor:
Katherine Ali, 7536 South 77th Street, business owner of 3318 West Loomis Road, indicated she will not stand for bottles laying around, will not have a lot of patrons at any one time so parking will not be an issue. Allan R. McFadyen, W2858 Kniep Road, Elkhorn, property owner of 3318 West Road, stated the parking issue wouldn’t be any different than it was with the former tenant.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to close the public hearing. Motion carried unanimously.
After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to deny approval of a Special Use requested by Hussein & Katherine Ali for the purpose of opening a liquor store at 3318 West Loomis Road, Tax Key #553-0440.
After a discussion, on a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #13
12. Board of Public Works Meeting held June 22, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve the following:
-18617- C.C.-7/20/10
Item #5 Granting a one-year warranty from May 2010, regarding epoxy repair of edge chip on driveway approach at 4216 South 79th Street, Tax Key No. 570-1043, Project 2007 #21
Item #6 Request of St. John the Baptist Armenian Apostolic Church, 7825 West Layton Avenue, Tax Key No. 616-8992, to place a free-standing sign in the 10-foot wide sanitary sewer easement along the front of this parcel, on the condition that the City has no responsibility to restore/replace/pay for any damage done if work needs to be done in the easement area
Item #10b Amend the 7-year Capital Improvement Program by moving the reconstruction of the South 62nd Street and West Armour Avenue neighborhood, Project 2009 #12, from 2014 to 2018; advancing South 122nd Street and West Carpenter Avenue neighborhood, Project 2009 #22, from 2015 to 2014; advancing South 52nd Street and West Midland Drive / South 33rd Street and West St. Francis Avenue, Project 2009 #24, from 2016 to 2015; advancing South 40th Street and West Howard Avenue, Project 2006 #29, from 2017 to 2016; and adding West Holmes Avenue and West Vogel Avenue, South 28th Street to South 36th Street, Project 2010 #15, in 2017
After a discussion, on a roll call vote, the motion carried unanimously.
Item #8 It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the 2011 Special Assessment Rate Schedule, which is unchanged from 2010, foregoing the annual Construction Cost Index increase for one year.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
At this time, the Council proceeded with Item #11
13. Finance & Human Resources Committee Meeting held June 30, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
Item #8 Schedules of disbursements in the amounts of $499,454.29 and $304,496.26
Item #9 Mileage reimbursements in the amount of $434.24
Item #10 Investments and reinvestments in the amounts of $19,956,888.30 and $11,726,672.00
Item #11 Accept May 2010 financial statement
On a roll call vote, the motion carried unanimously.
Item #5 It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve funding in the amount of $90,000 from the Storm Water Utility account to resolve storm water issues at Clear Channel, 12100 West Howard Avenue, Tax Key No. 564-9982-001, Project 2009 #26.
-18618- C.C.-7/20/10
After a discussion during which Rick Sokol, Director of Neighborhood Services addressed the Council, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
At this time, the Council proceeded with Item #28
14. Plan Commission Meeting held July 13, 2010
Item #5 Special Use Review for Abdallah Hussein as the new operator/owner of the Villager Food Mart, 6845 West Layton Avenue, subject to Plan Commission and staff comments, Tax Key #617-0118, was REMOVED FROM THE AGENDA TEMPORARILY
Item #12 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to designate that Outlot 3 in Ramsey Meadows West subdivision near South 39th Street & West Kimberly Avenue, as “buildable” based upon a determination by both a wetland consulting firm and Wisconsin Department of Natural Resources, subject to Plan Commission and staff comments, Tax Key #692-1257. On a roll call vote, the motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the following:
Item #9 Special Use amendment & Site/Landscaping Review for the purpose of installing an outdoor patio area and reconfiguring the parking lot layout at Diamond Jim’s Checkers, 6869 West Forest Home Avenue, subject to Plan Commission and staff comments, with this to be considered a minor change not needing a public hearing and to include additional landscaping as discussed, Tax Key #571-8957-002. It is agreed and understood by the applicant that the capacity of the establishment is not increased by the addition of the outdoor patio space. It is further agreed that in the event that there is the intention of the owner of the establishment to somehow modify the area to be interior space through the addition of a roof or whatever in the future that that would require Plan Commission action and positive recommendation to go to the Council.
Item #10 Special Use amendment & Site/Building/Landscaping Review for the purpose of constructing a patio addition to the Corner Club tavern at 4309 West Grange Avenue, subject to Plan Commission and staff comments, with this to be considered a minor change not needing a public hearing, Tax Key #666-8999. It is agreed and understood by the applicant that the capacity of the establishment is not increased by the addition of the outdoor patio space. It is further agreed that in the event that there is the intention of the owner of the establishment to somehow modify the area to be interior space through the addition of a roof or whatever in the future that that would require Plan Commission action and positive recommendation to go to the Council.
During a lengthy discussion Chuck Erickson, Community Development Manager, addressed the Council.
On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
-18619- C.C.-7/20/10
15. Finance & Human Resources Committee Meeting held July 14, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
Item #3 Renewing the Gold Hardware Preventative Maintenance Support and Firmware Maintenance agreement with Election Systems & Software, Inc. (ES&S) for seven Automark ballot marking machines
Item #4 Scope of services agreement with PACE Architects for design and engineering services for the Konkel Park Restroom/shelter improvement project
Item #5 Updating the legal plan documents for the Section 125 Flexible Benefit Plan
Item #6 Updating the legal plan documents for the Section 105 Health Reimbursement Arrangement Plan
Item #7 Amendment for the Long-Term Disability Insurance policy for DPW union employees with National Insurance Services effective July 1, 2010
Item #9 Schedules of disbursements in the amounts of $612,718.36; $132,242.17; $562,487.19; $61,486.25; $500,020.00 and ($244.00)
Item #10 Mileage reimbursements in the amount of $1,113.75
On a roll call vote, the motion carried unanimously.
16. City Clerk’s Report:
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to accept the following claims and refer them to the CITY ATTORNEY
a. Claim received from Nicole Sepulveda for damage done to her vehicle, due to being side swiped by a City of Greenfield ambulance, while parked in the parking lot at 7085 West Southridge Drive on June 8, 2010
See action taken in Item #29e of these minutes.
b. Claim received from Thomas Prince for damage done to his motorcycle as the result of hitting a rough patch of road while traveling on West Cold Spring Road approximately ½ block east of South 76th Street on June 20, 2010
See action taken in Item #29c of these minutes.
-18620- C.C.-7/20/10 c. Claim received from Christine Kasprzak for damage done to her vehicle while traveling northbound on South 51st Street, between West Grange Avenue and West Loomis Road, and driving over a low section of roadway in which there appeared to be an exposed water main shutoff pipe on June 17, 2010 at approximately 3:00 p.m.
See action taken in Item #29d of these minutes.
Motion carried unanimously.
At this time, the Council proceeded with Item #29c
17. Appointments to various committees and commissions:
b. Mayor appointments, confirmed by Council:
Mayor Neitzke stated with regard to Item #17b(3) on the Council agenda, he would like to appoint current alternate Robert Selin to take Rebecca Hasley’s place as a regular member on the Community Development Authority. He said two alternates will have to be appointed.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to confirm the Mayor’s appointment of Robert Selin, 5621 South 45th Street, as a regular member to the Community Development Authority. Motion carried unanimously. (See Note below)
Note: The appointment to the Community Development Authority listed on the Council agenda was as follows:
(3) One alternate member to the Community Development Authority for a term to expire 2/19/13 (Andrew Sikorski)
The appointment of a regular member to the Community Development Authority was not listed as an item on the July 20, 2010 Council agenda because the Clerk’s Office had not received a letter of resignation from Rebecca Hasley. Therefore, the appointment of Robert Selin as a regular member was premature. Since July 20, 2010, the City Clerk’s Office has received such a letter, therefore, the following item will be listed on the August 17, 2010 Council agenda:
One regular member to the Community Development Authority for a term to expire 2/19/12 (Rebecca Hasley)
c. Mayor appointments
Mayor Neitzke appointed Donald Kopp, 6102 West Plainfield Avenue, as a regular member to the Zoning Board of Appeals.
Note: The appointment to the Zoning Board of Appeals listed on the Council agenda was as follows:
-18621- C.C.-7/20/10
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Kopp)
The appointment of a regular member to the Zoning Board of Appeals was not listed as an item on the July 20, 2010 Council agenda.
The item regarding the appointment of an alternate member as stated above was listed correctly as Donald Kopp, who was formerly an alternate member, was appointed as a regular member at the June 15, 2010 Council meeting. Due to the fact that Mr. Kopp was appointed as a regular member, the appointment of an alternate to the Zoning Board of Appeals is needed to fill his former position as an alternate. Therefore, the following appointment will again be listed on the agenda for the August 17, 2010 meeting:
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Kopp)
The following appointments, held over from the July 20, 2010 Council agenda, are to be placed on the NEXT AGENDA:
a. Council appointments:
A.D. #1 One member to the Public Safety Committee for a term to expire 5/1/13 (Aaron Steinle)
A.D. #3 One member to the Public Safety Committee for a term to expire 5/1/13 (Mike Kasten)
A.D. #4 One member to the Public Safety Committee for a term to expire 5/1/13 (Allen Shutta)
b. Mayor appointments, confirmed by Council:
(1) One member to the Fire & Police Commission for a term to expire 5/1/15 (Allen Shutta)
(2) One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
(3) One alternate member to the Community Development Authority for a term to expire 2/19/13 (Andrew Sikorski)
c. Mayor appointments
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Kopp)
-18622- C.C.-7/20/10 18. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the issuance of an operator license to each of the following:
Ali, Mikail – 4943 N. 105th St. Balkovich, Jessica A.-600 Rohda Dr. Banaszak, Tiffany L.-1330 S. 65th St. Blankenheim, Alyssa A.-2355 S. 76th St. Boissonnault, Debra E.-1660 S. 69th St. Breiling-Ross, Renee S.-5046 Spruce Ct. Brink, Kara-7434 W. Crawford Ave. Brunette, Rachel A.-12230 W. Layton Ave. Bykowski, Patricia A.-7940 S. Mission Dr. Castro, Hector M.-1334 S. 50th St. Chavez, Jessica L.-19460 North Hills Dr. Diebold, Heidi J.-2175 S. 76th St. Dyhr, Christopher A.-5571 Root River Dr. Finney, Rebecca L.-1654 S. 81st St. Gibbs, Caroline E.-21300 Lancelot Dr. Gierlich, Joshua M.-8240 S. 13th St. Golembiewski, Jon J.-S78 W31159 Rita Ct. Hallberg, Kenneth-17253 W. Greenfield Ave. Hannes, Michael Z.-2400 Parklawn Dr. Haugen, Laura A.-1343 S. 63rd St. Horn, Gina C.-6810 Kathleen Ct. Hulen, Robert K.-3527 S. Whitnall Ave. Jaime Pugliese, Eduardo-2475 S. Saint Clair St. Janecke, Ashlee A.-941 W. Eden Pl. Karolewicz, Heather A.-2461 S. 43rd St. Kohn, Katharina F.-8625 W. Tripoli Ave. Kolaske, Samantha L.-8737 W. Tripoli Ave. Larson, Margie A.-3709 S. 90th St. Lidwin, Cory B.-5260 S. 110th St. Mills, Kathryn E.-3413 S. Princeton Ave. North, Judith A.-4627 S. 109th St. O’Connor, Leanne M.-S71 W19524 Maple Ct. Ohlsson, Kyle J.-308 N. 62nd St. Ramazini, ReeAnna L.-3270 S. 25th St. Robinson, Randy C.-8803 W. Congress St. Sadilek, Lorraine-4472 N. 58th St. Saelens, Doreen P.-2560 S. 67th St. Seavers, Jessica L.-4015 W. Howard Ave. Steuck, James A.-3119 S. 122nd St. Tringl, Jessica L.-3819 S. Miner St. Unruh, Elizabeth M.-12029 W. Hayes Ave. Wacker, Kristin M.-4623 W. Wilbur Ave. Webster, Lindsay L.-11200 W. Morgan Ave. Westendorf, Nathan J.-10175 W. Cold Spring Rd. Wiess, Allison J.-408 Fox Knoll Dr. Wittlieff, Laocadia M.-4051 S. 101st St. Young, Faye M.-7225 W. Southridge Dr.
No action was taken on the application for an operator license received from Abdallah W. Hussein, 3045 West Kimberly Avenue, as the name was removed consistent with the action taken in Item #14(5) of these minutes.
Motion carried unanimously.
19. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of a Combination “Class B” Beer & Liquor License to El Beso LLC, Andreas Bouraxis, Agent, for the property located at 5030 South 74th Street (first floor) (El Beso). Motion carried unanimously.
20. Application for a Combination “Class A” Beer & Liquor License received from S & F VIP Inc., Abdallah W. Hussein, Agt., for the property located at 6845 West Layton Avenue (first floor) (VIP Liquor) was REMOVED FROM THE AGENDA.
21. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the issuance of a Temporary “Class B” Retailer’s License to St. John the Baptist Armenian Church to sell fermented malt beverages and wine at the annual church picnic to be held Sunday, July 25, 2010 from 11:00 a.m. to 7:00 p.m. at 7825 West Layton Avenue (indoor & outdoor event). Motion carried unanimously.
-18623- C.C.-7/20/10 22. It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve the issuance of a Temporary “Class B” Retailer’s License to St. John the Evangelist KSKJ Lodge #65 to sell fermented malt beverages and wine at a charity musical review for KSKJ Lodge #65 scholarship fund to be held Saturday, September 25, 2010 from 5:30 p.m. to 12:00 a.m. at 8500 West Cold Spring Road (indoor event). Motion carried unanimously.
23. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve the issuance of a Temporary Class “B” Retailer’s License to Harley Owners Group-Milwaukee Chapter to sell fermented malt beverages at a L.A.M.A. Mexican Independence Day Celebration on Saturday, September 18, 2010 from 1:00 p.m. to 5:00 p.m. at House of Harley, 6221 West Layton Avenue (outdoor event) and rescind the license for September 19, 2010. Note: Council previously approved license on 2/17/10 for Latin American Motorcycle Association Charity Party for September 19, 2010 – This application changes the date of the event which is now known as stated in above item. Motion carried unanimously.
24. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve the request received from Schneider’s Corner Club LLC, Kathleen A. Schneider, Agt., to amend the premises description for their 2010-2011 Combination “Class B” Fermented Malt Beverage and Liquor License to read as follows: (beverage sales at 4309 West Grange Avenue, including patio area for drinking in the back southwest corner of the building toward the parking lot, with common hallway and alcohol and beer storage in basement of 4311 West Grange Avenue-no basement under bar) (Corner Club). This amendment will be effective after completion of the patio. Motion carried with Alderperson Pietrowski voting no.
25. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the request of Longshots Sports Bar Inc., Donald D. Habermehl Jr., Agt., to extend their Combination “Class B” Beer & Liquor License and Entertainment License to the parking lot located at 5045 West Loomis Road for a car/truck/motorcycle show on Saturday, September 25, 2010 from 9:00 a.m. to 4:00 p.m. (Longshots Sports Bar). Motion carried unanimously.
26. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of the following licenses to expire July 31, 2011, subject to the City of Greenfield ordinances regarding code compliance and payment of all delinquent taxes and charges:
a. AMUSEMENT DEVICE OWNER/DISTRIBUTOR LICENSE
Name Business Address Blondie Enterprises LLC P.O. Box 2223, 1953 Hwy. 45N, Eagle River D-J Novelty Co. Inc. 4520 West Forest Home Avenue Games Are Us Inc. 4905 South Woodlawn Place Lake States Vending, Inc. P.O. Box 270340 Lakeside Music, LLC 930 Washington Road Mitchell Novelty Company 3506 West National Avenue Red’s Novelty Ltd. 1921 South 74th Street S & P Equipment Inc. 5025 South Packard Avenue Wisconsin P & P Amusement Inc. 12565 West Lisbon Road
-18624- C.C.-7/20/10 b. JUKEBOX OWNER/DISTRIBUTOR LICENSE
Name Business Address D-J Novelty Co. Inc. 4520 West Forest Home Avenue Games Are Us Inc. 4905 South Woodlawn Place Mitchell Novelty Company 3506 West National Avenue Red’s Novelty Ltd. 1921 South 74th Street S & P Equipment Inc. 5025 South Packard Avenue Wisconsin P & P Amusement Inc. 12565 West Lisbon Road
Motion carried unanimously.
27. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
At this time, the Council proceeded with Item #29a
28. Discussion and decision to repeal an exemption to Chapters 12.12(19) and 12.12(25) of the Greenfield Municipal Code granted to Williamsburg Park Condominiums on March 16, 2004 regarding the use of solid waste disposal containers and enclosures
Rick Sokol, Director of Neighborhood Services, addressed the Council. He stated approximately six months ago he was contacted by Mary Kapelis, Environmental Health Specialist for the City of Greenfield, asking for his assistance with regard to complaints of neighbors around the Williamsburg Park Condominiums, located on South 51st Street and West Crawford Avenue, relating to the manner in which solid waste is disposed from that property. Mr. Sokol stated he met with members of the Health Department and the Code Enforcement Division. Jeff Cavett of the Code Enforcement Division of the Fire Department met with representatives of the Williamsburg Park Condominiums Association and has tried to convey to the Association the importance of this issue to the neighborhood and the health and welfare of the neighbors. Mr. Sokol stated that approximately one and one-half weeks ago (the week of the 4th of July) he was contacted by Alderperson Lubotsky who informed him there was a delay of one day in the garbage collection of the Williamsburg Park Condominiums. She told him there was a significant outcry from neighbors about the health concerns of the area. He stated another meeting was held with the Health Department and Code Enforcement Division who compiled information for the Council and are recommending that the exemption granted to the Williamsburg Park Condominiums in 2004 be repealed and that City staff work with the leadership of the condo association to provide an economical and effective dumpster garbage disposal system.
Darren Rausch, Health Officer/Director, said the issue relates to the exemption as it has been granted to the Williamsburg Park condo complex over the past 35 years, really since its inception. The number of recent complaints has been such to necessitate discussion at this meeting. City staff has worked closely with Alderperson Lubotsky and it is felt this is a health and sanitation issue. He said there is a garbage, recycling, and solid waste ordinance in place of public health importance. The City wants garbage to be held in containerized storage and placed on the curb in containers with tight fitting lids for everyone’s health, sanitation, and to lessen the affect of rodents in the area. The Health Department has demonstrated rodent activity in the eastern portions of the City and storage has the potential to perpetuate any rodent activity. Mr. Rausch said the current ordinance adopted in 2001 did not have a grandfather clause, but he believes it was the Council’s intent, at that point, to make this apply to all multi-family dwellings. Research has identified that
-18625- C.C.-7/20/10 only Williamsburg Park Condominiums are exempt from the current municipal code so the 88 units are treated differently than other multi-family dwellings in the City. The second issue is the image of the City. The pictures of this issue do not convey the positive image of the City.
At this time, Citizen Commentary continued in Item #9
Mr. Sokol pledged the staff’s support to work as closely as possible with the Association to arrive at the most economical way to provide the enclosed dumpsters to provide the level of service and the sanitation the City is looking for and to make it as environmentally and neighbor friendly as possible.
After a discussion, it was moved by Alderperson Saryan, seconded by Alderperson Kastner, to repeal an exemption to Chapters 12.12(19) and 12.12(25) of the Greenfield Municipal Code granted to Williamsburg Park Condominiums on March 16, 2004 regarding the use of solid waste disposal containers and enclosures. The dumpsters are to be placed by an August 1, 2010 deadline with the enclosure to be completed by September 1, 2010 with staff to have some leeway with the September 1, 2010 deadline if there is a signed contract. Staff is directed to refund the prorated difference for the remainder of the year from August 1, 2010 to December 31, 2010 as far as the garbage collection fee.
During a lengthy discussion Darren Rausch, Health Officer/Director, and Jeff Cavett, from the Code Enforcement Division of the Fire Department, addressed the Council.
On a roll call vote, the motion carried unanimously.
The meeting recessed at 9:03 p.m. The meeting reconvened at 9:08 p.m.
The Council proceeded with Item #14
29. City Attorney’s Report:
a. A resolution was introduced for the vacation of the 10-foot wide alley right-of-way in the rear yard of the parcels between 7637 West Allerton Avenue to 7817 West Allerton Avenue, which abuts 7817 West Allerton Avenue, Tax Key No. 605-0057; 7811 West Allerton Avenue, Tax Key No. 605-0058; 7801 West Allerton Avenue, Tax Key No. 605-0059; 7757 West Allerton Avenue, Tax Key No. 605-0060; 7747 West Allerton Avenue, Tax Key No. 605-0061; 7737 West Allerton Avenue, Tax Key No. 605-0062; 7727 West Allerton Avenue, Tax Key No. 605-0063; 7717 West Allerton Avenue, Tax Key No. 605-0064; 7701 West Allerton Avenue, Tax Key No. 605-0065; 7637 West Allerton Avenue, Tax Key No. 605-0066; 7837 West Allerton Avenue, Tax Key No. 605-9970; 7740 West Forest Home Avenue, Tax Key No. 605-9971-002; 7728 West Forest Home Avenue, Tax Key No. 605-9973; 7720 West Forest Home Avenue, Tax Key No. 605-9974; 7656 West Forest Home Avenue, Tax Key No. 605-9975; 7640 West Forest Home Avenue, Tax Key No. 605-9976; 4395 South 76th Street, Tax Key No. 605-9979-002; 4375 South 76th Street, Tax Key No. 605-9980
At this time, the Council proceeded with Item #30
-18626- C.C.-7/20/10 b. Attorney Pyzyk stated no additional claim was submitted by John Janich. Therefore, the claim under discussion was received from John Janich for damage to his vehicle caused by stones and debris thrown from a lawnmower while parked at the Greenfield Law Enforcement Center on April 23, 2010.
During discussion, it was indicated only one estimate was received. The Council indicated they would like Mr. Janich to obtain a second estimate.
This item is to be placed on the NEXT AGENDA.
At this time, the Council proceeded with Item #17
c. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to adopt Resolution No. 3346. RESOLUTION NO. 3346
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by THOMAS PRINCE, for damage done to his motorcycle as the result of hitting a rough patch of road while traveling on West Cold Spring Road approximately ½ block east of South 76th Street on June 20, 2010, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
d. It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to adopt Resolution No. 3347. RESOLUTION NO. 3347
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by CHRISTINE KASPRZAK, for damage done to her vehicle while traveling northbound on South 51st Street, between West Grange Avenue and West Loomis Road, and driving over a low section of roadway in which there appeared to be an exposed water main shutoff pipe on June 17, 2010 at approximately 3:00 p.m., is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
-18627- C.C.-7/20/10 On a roll call vote, the motion carried unanimously.
e. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve payment of the claim received from Nicole Sepulveda, in an amount not to exceed $981.82, with a two-party check made payable to Nicole Sepulveda and Schlossman Imports Inc. On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #29b
30. Items for future agenda
Discussion and decision regarding updating the status of the Safety Committee is to be placed on the Finance & Human Resources Committee.
31. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adjourn the meeting at 10:00 p.m. Motion carried unanimously.
______Jennifer Goergen, City Clerk
JG:slw
Distributed: July 26, 2010
-18628- C.C.-7/20/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, AUGUST 17, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Susan Witon Deputy City Clerk Roger Pyzyk City Attorney Chuck Erickson Community Development Manager
2. An opening prayer was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve the July 20, 2010 Common Council minutes, as recorded.
After a discussion, the motion carried unanimously.
5. Mayor’s Report
a. Mayor Neitzke stated he issued a proclamation proclaiming September 20-24, 2010 as Clement Manor Adult Day Services Week in the City
The Council proceeded with Item #6
b. Mayor Neitzke said there were three things that could have happened at last evening’s Community Development Authority (CDA) meeting. The first was to proceed full speed ahead with the plan as presented, the second was more of an intermediate approach which he believes the CDA adopted to contact the attorneys of the property owners and report back in two weeks, and the third option was to eliminate the project in its entirety. The project has three components: planning component, which is what the CDA does; political component; and the economic component which is what it is going to cost if it is even feasible to proceed. He stated that based on communications he has had, that there will be a Special Common Council meeting either before or immediately after the CDA meeting in two weeks. Mayor Neitzke said the entire Council is philosophically opposed to eminent domain. He said the elected officials are stuck with the tools that the State provides to do that. He stated that when the Resolution was adopted on April 20, 2010 and he stated he would veto taking any eminent domain and that he didn’t think it was appropriate for one commercial enterprise to replace another one, he meant it. He said in order to approach any property owners and give
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them benefits under the law, the City has to take the position. Mayor Neitzke said he would support and work with Senator Lazich and anyone else that would dare to listen to make the law better so this kind of thing doesn’t happen.
At this time, the Council proceeded with Item #9
6. Aldermanic Reports - None
7. Announcements - None
8. Citizen Commentary
The following addressed the Council:
Rick Eaton, 3612 West Allerton Avenue, submitted a 14 page petition containing 137 signatures of individuals opposed to the City using eminent domain to take property on Loomis Road between the Park & Ride lot and Interstate 894 for the purpose of developing Greenfield Commons or any other name it may be called in the future. He said news reports stating the City is not using eminent domain are not true. He stated Resolution #3294 was adopted authorizing that $200,000 be taken out of the sewer fund. Mr. Eaton said a Resolution was adopted blighting the properties with Alderperson Pietrowski being the only abstention because his previous amendment did not pass so he voted no. Mr. Eaton said the State of Wisconsin and approximately 43 other states passed an ordinance prohibiting taking people’s property just for the purpose of other development. He said individuals will lose their jobs, some may lose their homes or their families. He added that it is not all about money, it is about freedom. He suggested the City officials pledge not to take any properties in the project known as Greenfield Crossings by the means of eminent domain and pass a resolution affirming that within the next 60 days. Chris Kapczynski, 3628 West Allerton Avenue, said his thoughts have already been stated. Bonnie Maynard, 4061 West Loomis Road, read a portion of a letter dated May 28, 2010 received from Prairie Land Services who was going to do their relocation, which indicated in past conversations regarding the relocation benefits available they would have a minimum of 90 days occupancy and that the occupancy extends to August 26, 2010. She indicated that the Community Development Authority, at their meeting last evening, stated they would meet again in two weeks and that in the mean time Mr. Marcuvitz would meet with individual property owners. She added that someone at the meeting stated the property owners would be okay until the end of the year. She said the law passed in 2006 was meant to protect property owners until the blight loophole was discovered in Oak Creek and now in Greenfield. She said what is happening to the property owners is an outrage, immoral, and offensive. It is basically taking land from property owners and giving it to a richer person. She said she understands the City has no money for this at all. She said she and her husband are not opposed to making the City more beautiful, but are opposed to being a victim in the project and of being put in a position where they cannot even assure their employees a job in 90 or 134 days. She asked that the Council allow them to stay and be a part of Greenfield Crossing, if it goes through. She asked the Council adopt a resolution to let them be a part of it or make the whole thing go away.
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Paul Johnson/Meds Inc., 11730 West Shield Drive, asked if the City has considered the affects on other businesses. He said he has a small business and indicated he relies on Maynard’s business to service his vehicles. Richard Kasza, 4345 South 36th Street, said he believes it is a misuse, if not an abuse of eminent domain. He believes there should be some sort of compelling public interest in enacting this sort of process. The freeway has to be rerouted if they are not moving a business and it would cost taxpayers millions of dollars. He does not see that compelling interest. What he sees is a potential negative to businesses, not just ones affected in this case. He said the City would be forsaking existing businesses in the hope that the development will take off and do something great for Greenfield. He said it has been stated that this development is going to add to progress in Greenfield and that may be so, but he doesn’t see that perception as a good one because when the new businesses move in at some time they will become the old businesses and questions if, at that time, they will be thrown under the bus. He said the entire process has left employees of businesses with a question mark in their lives for the next several years if this process continues because it could go through the court system. He said if he were a business owner, he doesn’t know if he would want to relocate in Greenfield given the negative publicity. He believes this is morally wrong and hopes the Council will reconsider. David Kurian & Jan Kurian, 3345 Mountain Drive, Brookfield, indicated they hope the Council does the right thing and agree with everything said this evening. Julie Rome, 3713 West Cold Spring Road, stated she agrees with everything everyone said. She asked if anyone has talked with the residents who live behind the park and ride. She understands there is suppose to be a path that goes through there because the fence will be taken down. She said people across the street from Maynard’s don’t even know they will be affected within the next year. She asked the Council to try to work with Maynard’s to get the back part of their property. She said she doesn’t care if the City wants the leather store property as it has been almost vacant and the City will never sell it. Ms. Rome stated if the City has to bond $5 million, the payments alone will be over $600,000 and she asked where that money is going to come from. She suggested the City work with the businesses and just rescind their action. Senator Mary Lazich, 4405 South 129th Street, stated she is working on legislation ready to address the issue so businesses, like Maynard’s, are not put in such a position. She said she would like to work with the Maynards, their attorney, Mayor Neitzke, the Common Council, and the City’s legal counsel to develop a piece of legislation that will not put the Maynards in this position and not put the City in this position again. The City follows state law and does their best to do economic development, the State understands the economy and they want growth in communities, and the State appreciates the efforts put into that. She would like to work on the legislation to facilitate that so it will be friendly to all constituents and make the jobs of the Council easier. Don Holt, 4839 South 96th Street, said an environment has to be created to attract jobs, and some of the unnecessary, burdensome permit fees, and rules and regulations have to be eliminated that kick jobs out of the community. If jobs are brought in, there won’t be a problem finding people that want to relocate their businesses and look at other businesses in the community that they can purchase. In that manner, the City would not have to be involved in the property/brokerage business which it almost amounts to in this case. He urged the City to look at ways to attract good, sound businesses to create jobs and economic development.
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Chris Boyer, part owner of Security-Plus Locksmith, 4145 West Loomis Road, invited anyone who believes that eminent domain isn’t involved to look at the paperwork they received. She said when they attended a meeting with Alan Marcuvitz, there weren’t negotiations. Mr. Marcuvitz basically said he will tell Greenfield that all the properties in Greenfield get one price. She said he also threatened Jurisdictional Offer so she believes that indicates eminent domain to her and she asked the Council to look into it. Manfred Neumann, resident of the Town of Waukesha, stated that if this community gets through this process, which he hates as a citizen to see done in Greenfield, he will volunteer to collect signatures to remove those who are responsible from office. Orville Seymer, Franklin, stated he is with Citizens for Responsible Government, said he is not here this evening to threaten recall. There are other means to defeat this. He said recall is a last ditch effort and if that is what it takes, that is what will be done. Mr. Seymer strongly suggested that the City officials back down from what they are trying to do.
At this time, Mayor Neitzke reverted back to the Mayor’s Report, Item #5
Bud Ziebell, 11849 Parkview, Hales Corners, requested a second driveway on the property located at 4015-4021 West Howard Avenue, for a garage, where he owns a townhouse.
At this time, the Council proceeded with Item #12(8)
9. Public hearing for approval of a rezoning (from R-2 Single Family to Plan Unit Development Residential) of 5.2 acres west of South 94th Street and north of West Layton Avenue for the purpose of constructing three 22-unit multi-family affordable housing apartment buildings, with garages and a clubhouse; project name is “Preserve at Greenfield”. Tax Key #607-0001-001, 607-0004-001, 607-9965-002, and a portion of 607-9967
Mayor Neitzke stated a letter was sent to property owners within 400 ft. of the area in question indicating the applicant withdrew the request for a public hearing. Therefore, this item was REMOVED FROM THE AGENDA. The meeting recessed at 7:43 p.m. The meeting reconvened at 8:03 p.m.
10. Legislative Committee Meeting held July 19, 2010
Item #3 It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adopt a resolution asking the State of Wisconsin to repeal the smoking legislation
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski & Akers voting yes; Alderpersons Kastner & Saryan voting no.
Item #4 It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adopt an ordinance repealing and recreating Section 10.07 of the Municipal Code relating to prohibiting smoking in certain areas.
After a discussion, on a roll call vote, the motion carried unanimously.
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The Council proceeded with Item #10(9)
Item #7 Discussion and decision regarding Section 13.06(5) of the Municipal Code relating to hours of shows or exhibitions
Roger Pyzyk, City Attorney, addressed the Council under discussion.
The Council chose not to make any changes. Any desire for a show or exhibition to end later than 10:00 a.m., as set forth in Section 13.06(5) of the Municipal Code, would have to be approved by the Council.
This item was REMOVED FROM THE AGENDA.
The Council proceeded with Item #11
Item #9 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt an ordinance creating Section 10.947.0125 of the Municipal Code regarding unlawful use of computerized communication systems. On a roll call vote, the motion carried unanimously.
The Council proceeded with Item #10(7)
11. Finance & Human Resources Committee Meeting held August 4, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the following:
Item #3 Renewal agreement with Anthem Blue Cross Blue Shield for 2011
Item #4 Revised Family Medical Leave Act (FMLA) policy
After a discussion, on a roll call vote, the motion carried unanimously.
12. Plan Commission Meeting held August 10, 2010
At this time, the Council reverted back to Item #8, Citizen Commentary
Item #8 It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the request for a PC Waiver for a second driveway for a duplex at 4015-4021 West Howard Avenue, subject to Plan Commission and staff comments, Tax Key #575-8998-001.
After a discussion, the motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the following:
Item #7 PC sign waiver to have a monument sign 16’ 6” high (10’ high is current limit) with a 15’ setback at Pacific Gateway Plaza (a/k/a Viet Hoa, South 27th Street & West Grange Avenue), subject to Plan Commission and staff comments, Tax Key #645-9002
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Item #9 Site/Building/Landscaping Review for a proposed 81,700 sq. ft. Pick & Save Grocery Store at 4279 South 76th Street, subject to Plan Commission and staff comments. Project area includes the former Sentry Store, Popeye’s Chicken, Ponderosa parcels, and a portion of the Blockbuster parking lot, Tax Key Nos. 570-8952-002, 570-8952-003, 570-8955-002, and 570-8956-001
Chuck Erickson, Community Development Director, addressed the Council.
After a discussion, on a roll call vote, the motion carried unanimously.
13. Finance & Human Resources Committee Meeting held August 11, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the following:
Item #3 Transfer of $100,000 to Account EN0506 from STRDSN to complete design of the 2011 street reconstruction project in the neighborhood of South 42nd Street, South 44th Street, and West Wanda Avenue, Project 2005 #6
Item #4 Adopt ordinance establishing the 2011 rates for service charges for the collection of garbage, refuse, yard waste and recycling services proposed which is $155.71 for individual collection and $138.50 for combined collection
Item #9 Schedules of disbursements in the amounts of $181,314.49; $436,223.42; $97,335.64; $5,064,673.64; $70.00 and ($1,752.53)
Item #10 Mileage reimbursements in the amount of $1,055.60
Item #11 Investments and reinvestments in the amounts of $20,960,610.42 and $10,526,672.00
Item #12 Accept June 2010 financial statement
Under discussion, Rick Sokol, Director of Neighborhood Services, stated the leaf collection would remain as is with no additional cost.
On a roll call vote, the motion carried unanimously.
14. City Clerk’s Report:
a. Letter of resignation received from Rebecca Hasley from the Community Development Authority was accepted and a Certificate of Appreciation is to be sent.
At this time, the Council proceeded with Item #15b(3)
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b. Claim received from Gifford Insurance Agency Inc., representing their insured Robert Meyer, for damage done to Robert Meyer’s vehicle, by a member of the Greenfield Police Department, while parked in a park and ride lot in the City of Greenfield on July 3, 2010 was referred to the CITY ATTORNEY
See action taken in Item #23c of these minutes.
c. Claim received from We Energies for damage to a street light pole at 4052 South 91st Street as a result of being struck by a garbage truck on or about August 3, 2010 was referred to the CITY ATTORNEY
See action taken in Item #23e of these minutes.
d. Claim received from Amica Mutual Insurance Co. on behalf of their insured Qasim Cheema for damage done when a member of the Greenfield Police Department struck his vehicle at the intersection of West Layton Avenue and West Loomis Road on June 10, 2010 was referred to the CITY’S INSURANCE COMPANY
The Council proceeded with Item #15a
15. Appointments to various committees and commissions:
a. Council appointments:
A.D. #1
Alderperson Lubotsky appointed Alicia Smokowicz, 3334 South 46th Street, as a member to the Public Safety Committee for a term to expire May 1, 2013.
Proceed with Item #16
b. Mayor appointments, confirmed by Council:
(3) It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to confirm the Mayor’s appointment of Robert Selin, 5621 South 45th Street, as a regular member to the Community Development Authority for a term to expire February 19, 2012. Motion carried unanimously.
At this time, the Council proceeded with Item #14b
The following appointments are to be placed on the NEXT AGENDA: a. Council appointments:
A.D. #3 One member to the Public Safety Committee for a term to expire 5/1/13 (Mike Kasten)
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A.D. #4 One member to the Public Safety Committee for a term to expire 5/1/13 (Allen Shutta)
b. Mayor appointments, confirmed by Council:
(1) One member to the Fire & Police Commission for a term to expire 5/1/15 (Allen Shutta)
(2) One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
(3) One alternate member to the Community Development Authority for a term to expire 2/19/13 (Andrew Sikorski)
c. Mayor appointments
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Kopp)
16. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the issuance of an operator license to each of the following:
Ajmeri, Fahim A.-3308 Greenbay Rd. Ajmeri, Gulamnabi U.-1617 Shore Dr. Beaudry, Linda J.-9092 W. Waterford Sq. S Bierle, Jeanine L.-2324 S. 83rd St. Bowell, Terry R.-4222 S. 51st St. Connelly, Bridget A.-2138 S. 15th Pl. Ferch, Deanna G.-7804 W. Waterford Ave. Gering, Peter D.-9060 W. Oklahoma Ave. Hanisko, Misty M.-1685 College Ave. Jakubiak, Megan R.-4127 S. 88th St. Laymon, Jeremy M.-7921 S. 66th St. Lemke, James R.-9536 W. Oklahoma Ave. Lundskow, Russell J.-3742 S. 56th St. Musurlian, Katie M.-2310 Hansen Ave.
Motion carried unanimously.
17. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of a Combination “Class B” Beer & Liquor License to Wisconsin Athletic Club LLC, Chezare Misko, Agt., for the property located at 5020 South 110th Street (stored in two closets on main floor and served in two group fitness studios and outdoor pool area of a single story building) (Wisconsin Athletic Club). Motion carried unanimously.
18. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of a Temporary “Class B” Retailer’s License to the University of Wisconsin-Milwaukee Slovenian Arts Council to sell fermented malt beverages and wine at The Singing Slovenes Musical Program to be held Friday, October 22, 2010 from 6:00 p.m. to 9:30 p.m. at 8500 West Cold Spring Road. Motion carried unanimously.
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19. It was moved by Alderperson Akers, seconded by Alderperson Saryan, to approve the issuance of a Temporary Class “B” Retailer’s License to Harley Owners Group-Milwaukee Chapter to sell fermented malt beverages at a Classic Car & Bike Show on Saturday, October 2, 2010 from 9:00 a.m. to 5:00 p.m. at House of Harley, 6221 West Layton Avenue (outdoor event) Note: Council previously approved license on 2/17/10 for Classic Bike/Car Show on September 25, 2010 – This application changes the date of the event. Motion carried unanimously.
20. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of a Carnival License and the request to waive the license fee for the Whitnall School District to hold the Whitnall School District 50th Anniversary Celebration Block Party with musical entertainment, food vendors, and games/rides (inflatables and rock wall) as well as various community organization and business showcase/display in front of Whitnall High School, 5000 South 116th Street, on Saturday, September 18, 2010 from 2:00 p.m. to 8:00 p.m. Motion carried unanimously.
21. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve the request of McEssy Investment Company, Ernest Masucci, Mgr., to extend their Entertainment License to include a band, DJ, bounce house, and Ronald Show for a DARE car show to be held Sunday, September 19, 2010 from 9:00 a.m. to 3:00 p.m. at 5040 South 76th Street to benefit the Dare & Fire Safety programs (McDonald’s), subject to the City receiving letters of authorization and permission from all subsequent properties indicated on the diagram including specifically F&F Tire, the Bonnie Management property on the east side of South 74th Street, and the Bouraxis property as they have certain rights associated with the parking lot for their restaurant. Motion carried unanimously.
22. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
23. City Attorney’s Report:
a. After a discussion, it was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve payment of the claim received from John Janich, in an amount not to exceed $2,565.12, with a two party check made payable to John Janich and Hiller Ford. On a roll call vote, the motion carried unanimously.
b. A resolution was introduced for the discontinuance and vacation of alley right-of-way abutting 3627 South 51st Street, Tax Key No. 556-8992; 3637 South 51st Street, Tax Key No. 556-0301; 3626 South 52nd Street, Tax Key No. 556-2004; and 3636 South 52nd Street, Tax Key No. 556-0314-001
c. After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Saryan, to accept the City Attorney’s recommendation to approve a settlement of the claim received from Gifford Insurance Agency Inc. representing their insured Robert Meyer , in an amount not to exceed $1,057.50, without accepting any liability. On a roll call vote, the motion carried unanimously.
d. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adopt Resolution No. 3348.
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RESOLUTION NO. 3348
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by HUPY AND ABRAHAM S.C. on behalf of claimant, Anthony T. Bednarek, for injuries and damages sustained on June 2, 2009 when Anthony T. Bednarek was a pedestrian traveling through the parking lot located at or near 6901 West Edgerton Avenue and a vehicle operated by a member of the Greenfield Police Department collided with him and tased him twice, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
e. It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to adopt Resolution No. 3349. RESOLUTION NO. 3349
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by WE ENERGIES, for damage to a street light pole at 4052 South 91st Street as a result of being struck by a garbage truck on or about August 3, 2010, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
Motion carried unanimously.
f. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to adopt Ordinance No. 2708. ORDINANCE NO. 2708
AN ORDINANCE REPEALING ORDINANCE NO. 2706 & CREATING SECTION 8.28 OF THE MUNICIPAL CODE RELATING TO EXHAUST MUFFLERS ON MOTORCYCLES
The Common Council of the City of Greenfield do ordain as follows:
PART I. Ordinance No. 2706 is hereby repealed.
PART II. Section 8.28 of the Municipal Code is hereby created to read as follows:
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“8.28 Mufflers, Prevention of Noise
No person shall, nor shall the owner allow any persons to, operate a motorcycle manufactured after December 31,1982, that is not equipped with an exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, as set out in the Code of Federal Regulations Title 40. No person shall modify the exhaust system of any motorcycle in a manner which will amplify or increase the noise emitted by the motorcycle above that emitted by the muffler originally installed, and such original muffler shall comply with the requirements of this section.”
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
After a discussion, on a roll call vote, the motion with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
g. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adopt Resolution No. 3350. RESOLUTION NO. 3350
WHEREAS, the State of Wisconsin has enacted a State Smoking ban Law by passage of 2009 Wisconsin Act 12, and
WHEREAS, the State of Wisconsin has by the passage of 2009 Wisconsin Act 12, enacted legislation that dictates when and where people are allowed to carry on the conduct of smoking, and
WHEREAS, the conduct of smoking is not per say illegal in this state or any other state, and
WHEREAS, people should be free and able to make for themselves informed decisions as to their own lifestyles and health care decisions, and
WHEREAS, people should be free to smoke without limitation as to time, place, and location, and
WHEREAS, the State of Wisconsin should not be legislating against peoples right to make decisions for themselves regarding their own lifestyles and conduct which per se is not illegal, whether such conduct may be medically unsafe to themselves or not,
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NOW THEREFORE BE IT RESOLVED, that the City of Greenfield, by its Common Council, and by this resolution, requests that the State of Wisconsin Legislature repeal the State’s Smoking Ban Law.
This resolution shall take effect immediately upon adoption. ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski, & Akers voting yes; Alderpersons Kastner & Saryan voting no.
h. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adopt Ordinance No. 2709. ORDINANCE NO. 2709
AN ORDINANCE REPEALING AND RECREATING SECTION 10.07 OF THE MUNICIPAL CODE RELATING TO SMOKING PROHIBITED IN CERTAIN AREAS
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 10.07 of the Municipal Code is hereby repealed and recreated to read as follows:
“Section 10.07 Smoking Prohibited in Certain Areas.
(1) Findings. The Common Council of the City of Greenfield finds that:
(a) It is recognized that smoking of cigarettes and tobacco products is hazardous to an individual’s health and affects the health of non-smokers when they are in the presence of smoking.
(b) Numerous scientific studies have found that tobacco smoke is a major contributor to indoor pollution.
(c) Reliable scientific studies, including studies conducted by the Surgeon General of the United States, have shown that breathing side-stream or secondhand smoke is a significant health hazard to non-smokers, particularly to children, the elderly, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
(d) Health hazards induced by breathing side-stream or secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm.
(e) Air pollution caused by smoking is an offensive annoyance and irritant and smoking results in serious and significant physical discomfort to non-smokers.
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(2) Purpose. This ordinance is adopted for the purpose of:
(a) Protecting the public health safety, comfort and general welfare of the people of the City of Greenfield.
(b) Clarifying and expanding upon the State’s Smoking Ban law enacted by 2009 Act 12 under the authority created by subsection 101.123(2)(c) of the Wisconsin Statutes and subsection 101.123(4m) as created by the act.
(c) Assisting owners, operators and managers in complying with State law and this ordinance.
(3) Definitions. Except as set forth below, the definitions of subsection 101.123(1) of the Wisconsin Statutes are hereby adopted. In this subsection:
(a) “City Buildings” means all City-owned or operated buildings and those portions of buildings leased or operated by the City.
(b) “Enclosed Indoor Area” means all space between a floor and a ceiling that is bounded by walls, doors, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge screen with an 18 by 16 mesh count is not a wall.
(4) Prohibition against smoking. No person my smoke in any of the following:
(a) Any place prohibited by subsection 101.123(2) of the Wisconsin Statutes, which are expressly adopted and incorporated herein.
(b) Any Enclosed Indoor Area in any place prohibited by subsection 101.123(2) of the Wisconsin Statutes.
(5) Exceptions. The prohibition against smoking shall not apply to those places or areas set forth in subsection 101.123(3) of the Wisconsin Statutes.
(6) Interpretation. Whenever the provisions of the Wisconsin Statutes and this section conflict, the provisions of this section shall apply.
(7) Outside Areas. Any person in charge of a restaurant, tavern, private club, or retail establishment that is subject to this ordinance may designate an outside area that is a reasonable distance from the entrance to said establishment where customers, employees, or persons associated with the establishment may smoke. The designated smoking area shall contain receptacles for trash and cigarette butts and shall be kept in a neat and orderly manner and all trash or cigarette butts shall be placed in a proper receptacle.
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(8) Statute Adopted. Except as expressly altered by this section, the provisions of section 101.123 of the Wisconsin Statutes are hereby adopted an incorporated herein.
(9) Penalty.
(a) Any person who violates subsections (4) or (7) shall forfeit not less than $100 or more than $250 for each violation.
(b) Any person in charge who violates subsection 101.123(2m) of the Wisconsin Statutes shall forfeit $100 for each violation.
(c) In addition to the forfeiture, any person who violates the provisions of this ordinance shall pay the costs of prosecution, except for the crime laboratories and drug law enforcement surcharge under subsection 165.755(1)(a) of the Wisconsin Statutes. Each day of violation shall constitute a separate offense.
(10) Enforcement. Prior to issuing a citation to a person in charge for a violation of this ordinance, the Police Department shall first issue a written warning notice. Once a person in charge has been issued a warning, she/he may be issued citations for violations of this ordinance but not to exceed $100 in total for all violations of section 101.123(2m) of the Wisconsin Statutes occurring on a single day.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
i. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to adopt Ordinance No. 2710. ORDINANCE NO. 2710
AN ORDINANCE CREATING SECTION 10.947.0125 OF THE MUNICIPAL CODE REGARDING UNLAWFUL USE OF COMPUTERIZED COMMUNICATION SYSTEMS
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 10.947.0125(1)(2)(3) of the Municipal Code is hereby created to read as set forth in Section 947.0125:
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“(1)(2)(3) WIS. STATE STATUTES which is adopted herein by reference as it fully set forth herein.
The violation of this section shall be a non-criminal ordinance violation which is subject to a forfeiture imposed under Section 25.04 of this Municipal Code.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
j. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the claim received from Amica Mutual Insurance Co., in the amount of $2,027.33, as recommended by Midwest Claims Service. On a roll call vote, the motion carried unanimously.
k. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to adopt Ordinance No. 2711.
ORDINANCE NO. 2711
AN ORDINANCE AMENDING SECTION 12.12 (27)(b) RELATING TO SERVICE CHARGES FOR COLLECTION OF GARBAGE, REFUSE, YARD WASTES AND RECYCLING SERVICES
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 12.12 (27)(b) is hereby amended as follows:
There is hereby levied and imposed a special charge for services rendered in the form of garbage, rubbish, yard wastes and recycling collection and disposal and other related programs as follows:
A. Individual Collection (non-dumpster)
$ 41.19 per annum per unit for recycling services 114.52 per annum per unit for garbage, refuse and yard waste services $155.71 per annum per unit for total special charge
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B. Combined Collection (dumpster)
$ 41.19 per annum per unit for recycling services 97.31 per annum per unit for garbage, refuse and yard waste services $138.50 per annum per unit for total special charge
PART II. This ordinance shall take effect at 12:00 AM on January 1, 2011.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
l. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to go into closed session pursuant to Wisconsin Statutes, Section 19.85(1)(b)&(f), at approximately 8:46 p.m. for the following:
Considering licensure, social or personal history, or medical information for purposes of issuing an operator license to Jeffrey Wojczak
On a roll call vote, the motion carried unanimously.
Note: Consideration regarding the issuance of an operator license to Antoine T. Temple was not discussed in closed session as Mr. Temple was unable to attend this evening. A closed session item regarding same is to be placed on the NEXT AGENDA.
m. It was moved by Alderperson Akers, seconded by Alderperson Kastner, to adjourn closed session and reconvene into open session at 9:06 p.m. Motion carried unanimously.
n. It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the issuance of an operator license to Jeffrey Wojczak. On a roll call vote, the motion carried unanimously.
Mayor Neitzke stated he wanted it noted that Mr. Wojczak’s boss was in attendance in closed session.
o. Decision regarding issuance of an operator license to Antoine T. Temple is to be placed on the NEXT AGENDA.
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24. Items for future agenda
a. Discussion and decision regarding the resolution relating to the acquisition of property b. Ordinance regarding Pawnbrokers, Secondhand Article Dealers & Secondhand Jewelry Dealers will be referred back to the LEGISLATIVE COMMITTEE c. Budget
25. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to adjourn the meeting at 9:14 p.m. Motion carried unanimously.
______Susan L. Witon, Deputy City Clerk
Distributed: September 2, 2010
-18645- C.C. – 8/17/10
MINUTES OF THE SPECIAL COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON THURSDAY, AUGUST 19, 2010
1. The meeting was called to order by Mayor Neitzke at 7:30 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
2. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to rescind Resolution No. 3338.
After a discussion, on a roll call vote, the motion carried unanimously.
3. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adjourn the meeting at 7:35 p.m. Motion carried unanimously.
______Michael J. Neitzke, Mayor MJN:slw
Distributed: September 2, 2010
-18646- Sp.C.C. - 8/19/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, SEPTEMBER 21, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
R O L L C A L L : Alderperson Lubotsky P resent Alderperson Pietrowski P resent A lderperso n K astner P resent Alderperson Akers P resent Alderperson Saryan P resent Mayor Neitzke P resent
ALSO PRESENT: Sandra Knapper Secretary, City Clerk‟s Office Roger Pyzyk City Attorney Chuck Erickson Community Development Manager
2. An opening praye r was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Karl Kastner, seconded by Alderperson Linda Lubotsky, to approve the August 17, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. It w as moved by Alderperson Tom Pietrowski, seconded by Alderperson Pam Akers, to approve the August 19, 2010 Special Common Council minutes, as recorded. Motion carried unanimously.
6. Mayor‟s Report
Mayor Neitzke noted there were quite a few people in attendance regarding the second hand dealers ordinance. However, he said there will be no discussion or decision on that item this evening. He asked that the Common Council return the ordinance to their next regularly scheduled meeting for discussion a nd decision unamended, and hopes at that time the Council rescinds the ordinance. Mayor Neitzke asks this for three major reasons. The first, the obvious constitutional and civil liberties issues. He shares the same concerns and has since the ordinance was originally passed. Second, the ordinance has had a chilling effect not only on the businesses of the community, but on the reputation of the community. Third, it is his understanding that the ordinance is a template of a suggested model ordinance cre ated by a commercial software company. The city has no place for that within our community.
a. Ald. Lubotsky asked that Resolutions #3288 and #3296 be voted on separately. Mayor Neitzke asked if everyone was aware of the distinguishing characte ristics between the two resolutions. Resolution #3288 created the map boundaries of the area.
-18 647- C.C.-9/21/10 It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to rescind Resolution #3288, a resolution defining the area within the bou ndaries of the proposed Greenfield Crossing Redevelopment Plan to be blighted and approving the proposed redevelopment plan of the Community Development Authority of the City of Greenfield, Wisconsin.
After a discussion, on a roll call vote, the motion carried unanimously.
Mayor Neitzke said Resolution #3296 is a resolution accepting the Greenfield Crossing Redevelopment Plan certified to it by the Community Development Authority of the City of Greenfield and directing that no new construction shall be permitted or authorized in the project area of such plan unless authorized by the Common Council. He asked that this resolution be rescinded, as well.
It was moved by Alderperson Pietrowski, seconded by Al derperson S aryan, to rescind Resolution #3296.
After a discussion, on a roll call vote, the motion carried unanimously.
The Council proceeded with Item #15
b. Mayor Neitzke stated he presented the proposed 2011 Budget at the Finance and H um an R esources Committee meeting held just prior to this Common Council meeting.
7. Aldermanic Reports
Alderperson Pietrowski said he agrees with what Mayor Neitzke said under the Mayor‟s Report. He is in support of the businesses and sh ares the same concerns with the second hand dealers ordinance.
8. Announcements.
Mayor Neitzke met with the B usiness Improvement D istricts on South 27th Street with the D epartment of Transportation concerning the reconstructions of South 27 th Street and West Loomis Road. Those two projects are part of the Interstate 894 reconstruction project, and are expected to be done no later than mid -November. Much of it will be done by mid-October. As part of the I-894 reconstruction, the Mitchell interch ange construction will begin in earnest. Parts of I-894 in their final form will be lowered 25‟, which is substantial. I-894 is expected to be closed completely a weekend at a time while they put culverts underneath it. Traffic will be a mess.
9. C itizen Commentary
Mayor Neitzke said there are a number of people here to speak about the second hand dealers ordinance. He asked that comments be limited to three minutes.
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The following addressed the Council:
Bret Fulberg, Robert Haack Diamonds, 7530 West Layton Avenue, spoke about rescinding secondhand dealer O rdinances #2695 and 2696. He then gave a recap of how this started and his conversations with Detective Fletcher to help solve crimes. Since he would get telephone calls from poli ce departments all over Milwaukee County asking about sales, Mr. Fulberg asked Detective Fletcher to come up with a database that everyone could work with. That is how U -Verse was found, which is a free database. This helped build up the Detectiv e‟s workload. Mr. Fulberg said he agrees with doing a database. However, his issue is he is a small business who can‟t afford to be taxed for every transaction. With the new ordinance, he would have to report all purchases within that day, which would not be possible. Also, no one ever asked the opinion of businesses affected on this matter. Judy Baxter, 4818 South 76 Street, President of the Greenfield Chamber of Commerce, said the Chamber‟s mission is to provide an environment fo r business to prosper and serve the citizens in Greenfield. She discussed these ordinances recently at a “Good Morning Greenfield” meeting. To sum up the comments, it was agreed that these ordinances invade privacy. If these ordinances take effect, items would be sold out of the City. The Greenfield Chamber of Commerce asks that O rdinances #2695 and 2696 be rescinded. Dolores Skowronek, 4612 West Grange Avenue , asks that O rdinances #2695 and 2696 be rescinded. She finds it troubling that Cou ncil m em bers think it is ok for som eone to m aintain a database with large amounts of private information on the law abiding citizens of this community. Just because she would sell a book or a DVD doesn‟t mean she gives up her rights to privacy. Also , Greenfield is getting a reputation as toxic to business. When business leaves, the tax burden will be shifted to homeowners. If the intent was to target gold sellers and pawn shops, then new ordinances should be redrafted specific to those types of businesses. Skott Moriarity, 5012 South 74 Street, of Music Go Round, asks that O rdinances #2695 and 2696 be rescinded. He spoke about following direction of state statutes and what the process is when musical instruments are sold. The state statutes say that local law enforcement pick up and process this paperwork. The Police Department requested his store stop sending them the paperwork 4 years ago, as they weren‟t doing anything with it. The point is the Police Department is not using the tools available to them or following state statutes. The ordinance will harm both the City‟s reputation and the store‟s relationship with its customers. Nine items out of 11,000 purchased at his store last year invo lved stolen merchandise. He suggested businesses and the Police Department work together to create a solution to any problems. Alex Crowe, 5012 South 74 Street, of M usic Go Round, said both second hand ordinances were adopted without direct input from the businesses affected in April 2010. Two weeks later, the ordinances were sent back to the Legislative Committee where it has sat inactive. In the m eantim e, the second hand retailers have mobilized, formed a group, and m et w ith the M ayor, media and 3 A lderpersons. C oncerns were discussed and ideas and solutions put forw ard . In that same timeframe, the Police Department has not met with the group, as directed. He asked that the Counc il repeal both ordinances as soon as possible. Regarding the proposed PRS system, from the login to the transmission of data, none of it is incripted. He examined that personally as a certified network professional, and nothing is b eing securely transmitted. Use of that system would violate PCI compliance standards.
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Joe Desch, 5032 South 74 Street, who represents Game Stop, Half -Price Books, M ega M edia Exchange, Music Go Rou nd, Play It Again Sports, and Plato‟s Closet spoke. These retailers ask that O rdinances #2695 and 2696 be rescinded. They want to work in cooperation with the City drafting ordinances to address the concerns of all parties, as there has been a la ck of understanding as to how the vast majority do business. The scope of these ordinances is far too broad and does not focus on the root problems. They suggest that the City consider regulating each category of second hand activity separately (paw n, gold and jewelry, and second hand articles). Paul Boyajian, 18910 Devon Court, Brookfield, of Game Stop, said h e supports repeal of O rdinances #2695 and 2696. He is willing to work with the Police and city to find solutions. B ernard Vazdzewski, 3760 West Carpenter Avenue, said the ordinances should be rescinded. H e read a Journal Sentinel article wherein it stated that Detective Fletcher is an “unofficial state expert” and promoter of a new municipal code which requires retail stores to send information into a statewide police database, who has given lectures around the state. In these tough economic times, he questioned why a city police officer can tour the state giving lectures and have Greenfield taxpayers pay for it. There already is a state statute on the books. Let the state Department of Justice do the investigating and enforcement. Ken Siegel, 5012 South 74 Street, supports repeal of both ordinances. Bert Zweber, 31 37 South Clement Avenue, Milwaukee, supports repeal of both ordinances Pam Ohman, 7820 West Layton Avenue, Plato‟s Closet, supports repeal of both ordinances and allow ing retailers to work with the city to rewrite them. Brittany Davidson, 7820 West L ayton Avenue, Plato‟s Closet, spoke about how hard it is to manage a small business. They employ a staff of 14. If the ordinances are not repealed, the business might have to either cut jobs or close its doors. She asked that O rdinances #2695 and 2696 be repealed. Mike Cherney, 7499 West Layton Avenue, of Play It Again Sports, stated several weeks ago, he was approached by a broker who represents a Greendale location to move. When asked why he w as contacted, the reply was because of Greenfield‟s ordinances. If the ordinances are not repealed, he has two options…close or move. He prefers to stay in Greenfield. Jim Papez for Barbara, 6088 Thornapple Drive, Greendale, spoke as a consumer of several of the resale shops. They are concerned that the administrative costs upon businesses will make them uncompetitive or even force them to close. These stores play an important part to customers who need the lower end of the economic sys tem to survive. He also spoke about the violation of privacy of law abiding citizens having their names entered into a database. Rudy Pesit, 4575 South 116 Street, said his daughter works at Plato‟s Closet. He wants both ordinan ces rescinded so his daughter can continue useful employment there. Dean Murray, 7477 West Layton Avenue, owner of The Jewelry Center, spoke about how customers frequently use the money from transactions with his store to purchase other goods from businesses within the strip mall where they are located. That is tax dollars back to the community. Businesses are not the bad guys in this, as they try to help the Police Department. They feel they are being penalize d because Greenfield has a very good Detective out doing his job over and beyond. He further asked if a meeting with the Police Department is going to materialize.
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Bob Reinhardt, 8716 West Jackson Park Boulevard, Wauwatosa, ow ner of New to You Kids, w hich is a children‟s resale store, said h e is opposed to the ordinances and thinks they are overkill. Bianca Gonzalez, 1203 South 28 Street, Milwaukee, is an employee of Plato‟s Closet. She spoke about the hesitation of customers not wanting to sell to their store because of the new ordinances. She also wondered who will lose their job next July at this store. She asked that the ordinances be rescinded. Tim Cowling, 9008 West Forest Home Avenue, owner of JSK Jewelers, said his store cooperates with the Police Department. He recommends rescinding the two ordinances and stay with the procedure that is in effect now. As a business owner, he is disturbed that the Police Depar tm ent wants to charge him for his help.
The meeting recessed at 8:02 P.M. The meeting reconvened at 8:11 P.M.
10. Public hearing for the discontinuance and vacation of the 10 -foot wide alley right-of-w ay in the rear yard of the parcels betwe en 7637 West Allerton Avenue to 7817 West Allerton Avenue, which abuts Tax Key Nos. 605 -0057, 605 -0058, 605 -0059, 605-0060, 605 -0061, 605 -0062, 605-0063, 605 - 0064, 605 -0065, 605 -0066, 605 -9970, 605 -9971 -002, 605 -9973, 605-9974, 605 -9975, 605 -9976, 605- 9979-002, 605 -9980
Notice of public hearing was published in the City‟s official newspaper on August 26, September 2 and September 9, 2010.
Mayor Neitzke said these are the lots adjacent to Mad Dog Saloon. Chuck Erickson, Community Development Manager, pres ented a diagram relating to the basis for the 400‟ radius map running along where the alley in question is located. Notices on this matter were sent to about 50 tax key properties.
Andrew Attewell, 7720 West Forest Home Avenue, asked how this will affe ct the fence on his property. City Attorney Pyzyk suggested looking at a survey of the property. He explained that the right-of-way was taken from the back lot lines of the parties whose homes faced W est A llerton A venue.
A ld. P ietrow ski said the last t ime this matter had a public hearing on it was 1988. Former Mayor Kaczynski stated that if any resident was opposed to the proposed alley vacation the Council would not be able to take any action. City Attorney Pyzyk replied that back then that was the l aw .
Andrew Doke , 7656 West Forest Home Avenue, was told when he bought his home that the fences were put up in the middle of the right-of-way and might need to be moved.
Discussion took place on fence placement. Mayor Neitzke said if any fence is in th e middle of the right-of-way, it is not supposed to be there. Through the vacation of the alley, that land will revert to the property owners along West Allerton Avenue at their request. Right now, the property is an alley that people can walk through.
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It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to close the public hearing. Motion carried unanimously.
Ald. Pietrowski asked that this item be placed on the NEXT AGENDA .
At this time, the Council proceeded with Ite m #11
City Attorney Pyzyk checked the law regarding an objection. The objection has to be in written form. It is not. Even if it were, it doesn‟t pertain in this case because this is not a paved alley. The objection refers to a paved alley. T he C oun cil proceeded with Item #24
11. Public hearing for approval of a Special Use for Gold Coast Subs to open a sub -sandw ich restaurant in the vacant tenant space at 4263 West Layton Avenue, Tax Key #621 -9957-001.
Notice of public hearing was published i n the City‟s official newspaper on September 9, 2010.
Chuck Erickson, Community Development Manager, presented a diagram of the property in question. There are some interior remodeling ideas that have been presented. The Plan Commission‟s recommendation was favorable regarding this matter. The property owner has also approved a restaurant to m ove into the space.
Rodney Waters, representing Gold Coast Subs, was in attendance.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve a Special use for Gold Coast Subs to open a sub -sandwich restaurant in the vacant tenant space at 4263 Wes t Layton Avenue, Tax Key #621 -9957-001. On a roll call vote, the motion carried unanimously.
12. Finance & Human Resources Committee Meeting held August 11, 2010
Item #2 It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to app rove the Wisconsin Parks and Recreation Association “Special” ticket program agreement O n a roll call vote, the motion carried unanimously.
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13. Board of Public Works Meeting held August 24, 2010
Item #5 Approve amending Chapter 30, Post-Construction Stormwater Management, of the Greenfield Municipal Code, regarding the management of storm water on private property, as proposed
Mayor Neitzke asked that Item #5 be placed on a future agenda. He spoke at length about MMSD‟s propos al to fix laterals that are legally compliant. City Attorney Pyzyk was at the Legislative Committee last night, and Alderperson Pietrowski had questions. He recommends not approving this item tonight. Refer to LEGISLATIVE COMMITTEE .
Item #6 It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the installation of two stop signs, eastbound and westbound, on West St. Francis Avenue at S outh 48 th S treet. On a roll call vote, the motion carried unanimously.
14. Finance & Human Resources Committee Meeting held August 25, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve the following:
Item #4 A greement between the City of Greenfield and Aurora Health Care‟s Total Health regarding health risk appraisals for Fall 2010 as part of City‟s employee wellness program, Wellness Works
Item #5 R enewal of contract between the Greenfield Health Department and Alverno College regarding student nurses
Item #6 Statement of Unde rstanding between the City of Greenfield Health Department and the American Red Cross in Southeastern Wisconsin
Item #13 S chedules of disbursements in the amounts of $1,136,549.70; $262,763.63 and $146,549.05
Item #14 M ileage reimburseme nts in the amount of $381.00
Item #15 Investments and reinvestments in the amounts of $25,986,272.35 and $10,026,979.17
Item #16 Accept July 2010 financial statement
On a roll call vote, the motion carried unanimously.
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15. Community Developme nt Authority Meeting held August 31, 2010
Item #4 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the recommendation to cease negotiations with any private property owners within the “Greenfield Crossing Redev elopment Area” and reopen discussions with Wisconsin Department of Transportation regarding the Memo of Understanding Agreement pertaining to their 16.5 acre Park & Ride Lot.
After a discussion, on a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #6b
16. Plan Commission Meeting held September 14, 2010
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the follow ing:
Item #5 Certified Survey Map which combines two parcels into one lot at 4027 South 88 th Street, subject to Plan Commission and staff comments, Tax Key Nos. 569 -1262 & 569 -1236-001
Item #6 Special Use for the purpose of co -locating wireless antennas and installing a ground - based equipment b uilding on the cell tower/site at the Time Warner Cable parcel, 5475 West Abbott Avenue, consider this a minor change, subject to Plan Commission and staff comments, Tax Key #648 -0025-005
Item #7 Special Use Review for David Schwartz as the new owne r/operator of the Layton Petro Mart, 12345 West Layton Avenue, subject to Plan Commission and staff comments, T ax K ey #611-8980-007
Item #8 Special Use Review for Tajinder Singh as the new owner/operator of the former Simran Food & Gas Station, 46 91 South 27 th Street, subject to Plan Commission and staff comments, and also subject to any/all Special Use conditions presently in place, Tax Key #599 -8888
Item # 9 Preliminary Plat as it pertains to creating two parcels in Outlot 3 of Ramsey Meadows West subdivision near South 39 th Street and West Kimberly Avenue, subject to Plan Commission and staff comments; this outlot is now considered “buildable” based upon a determination by a wetland consulting firm, the Army Corp. of Engineers , and the W isconsin Department of Natural Resources, Tax Key #692 -1257
Item #10 Site/Building Review for the purpose of re-facing John Paul‟s Buick GMC, 3615 South 108th Street, to meet corporate façade requirements, subject to Plan Commission and staff comments, Tax Key #563 -9986-007
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Item #11 Site Plan Amendment pertaining to parking lot lighting, sign placement, and driveway widths at Schlossmann Honda, 3450 South 108 th Street, subject to Plan Commission and staff com m en ts, Tax Key #524 -8979-003
Item #12 Site, Building, Landscaping Review for a proposed shelter in the Konkel Park South area near South 51 st Street & West Carpenter Avenue, subject to Plan Commission and staff comments, Tax Key #620 -9975-002
Mayor Neitzke made Mr. Singh aware that all the existing special use conditions presently in place, and site, landscaping, everything that has ever been approved, he is now responsible for.
On a roll call vote, the motion carried unanimously.
17. City Clerk‟s Report:
a. It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to adopt Resolution N o. 3352 RESOLUTION NO. 3352
RESOLUTION APPOINTING ADDITIONAL ALTERNATE ELECTION INSPECTORS F O R 2010 -2011
W H E R E A S , W is. Stats. 7.30(4)(a) require the governing body to appoint Election Inspectors no later than the last regular meeting in December of each odd -num bered year for the 2010 -2011 election cycle; and
WHEREAS, appointments were made at that time, but it has b ecome necessary to appoint additional alternate election inspectors to fill some open Election Inspector positions at the polls;
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Greenfield confirms the list of additional alternate Election Inspectors for the 2010-2011 election cycle.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, M ayor
On a roll call vote, the motion carried unanimously.
b. Claim received from Chelsea Turcotte, Farmers Insurance Insured, for damage done to her vehicle when rear ended by a Department of Public Works truck on South 68 th S treet & W est Rawson Avenue on August 24, 2010 was referred to the CITY’S INSURANCE COMPANY .
c. Claim received from Gail & Tom Gustafson for damage done to their vehicle by the Greenfield Police Department while pushing the stalled car o ut of traffic in the area south of South 74 th Street and West Layton Avenue on August 19, 2010 was referred to the CITY ATTORNEY
-18 655- C.C.-9/21/10 18. Appointments to various committees and commissions:
a. Council appointments:
A .D . #3
Alderperson K astner appointed Mike Kasten, 12040 West Crawford Court, as a member to the Public Safety Committee for a term to expire May 1, 2013.
A .D . #4
Alderperson Akers appo inted Jeff Szaniawski, 4590 South 69th S treet, as a m em ber to the Public Safety Committee for a term to expire May 1, 2013.
The following appointments are to be placed on the NEXT AGENDA:
b. Mayor appointments, confirmed by Council :
(1) One member to the Fire & Police Commission for a term to expire 5/1/15 (All en S hutta)
(2) One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
(3) One alternate member to the Community Development Authority for a term to expire 2/19/13 (Andrew Sikorski)
c. Mayor appointments:
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 ( D onald K opp)
19. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the issuance of an operator license to each of the following:
A nderson, Stacy M.-435 Southtowne Dr. Bunnow, Lisa J.–5718 W. Allerton Ave. Freiheit, Eric J.-10927 S. 60 th S t. Gonzalez, Teresa M.-3840 S . 43 rd S t. Hall, Robert J.-403 Augusta Dr. Hoff, Amanda K.-6630 W. Barnard Ave. Miller, Kimberly L.-11140 W. Wood side D r. Molina, Johnny-1400 Gabriel Dr. Mulhollon, James M.-5740 W . M ontana St. Petrovic, Aleksandra-3215 W. Grange Ave. Quiles, Courtney S.-5060 S. Greenbrook Ter. Schultz, Kari M.-1971 S . 72 nd S t. Steger, Ross A.-12145 W. Howard Ave.
Motion carried unanimously.
20. It was moved by Alderperson Pietrowski to approve the issuance of a Class “A” Beer License to J T T Enterprises Inc., Judith A. Schwartz, Agt., for the property located at 12345 West Layton Avenue (one story building with storage in coo lers and sales floor) (Layton Petro Mart)
-18 656- C.C.-9/21/10 Discussion regarding the special use regarding keeping the cooler closed and locked took place. Mayor Neitzke said the license says “sales floor”, which is not a locked cooler. Alderperson Akers suggested including in the motion “subject to the conditions of the special use”.
Alderperson Pietrowski withdrew his motion.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve the issuance of a C lass “A” Beer License to J T T Enterprises In c., Judith A. Schwartz, Agt., for the property located at 12345 West Layton Avenue (one story building with storage in coolers and sales floor) (Layton Petro Mart), subject to the conditions of the special use. On a roll call vote, the motion carried unan im ously.
21. It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the issuance of a Parade License and the request to waive the license fee, received from Greenfield High School to conduct a parade on Friday, October 8, 2010 from 6:00 p.m. to 7:00 p.m. (assembly at
4:30 p.m. on South 51 st Street {dead end} and West Edgerton Avenue) with the parade route as follows: parade moving west on West Edgerton Avenue to South 60 th Street then proceeding north on S outh 60 th S treet to G reenfield High School. On a roll call vote, the motion carried unanimously.
22. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
23. Engineering Division Repor t:
a & b.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Ordinance No. 2712 & Resolution No. 3353.
ORDINANCE NO. 2712
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
At the intersection of S outh 48th S treet and West St. Francis Avenue, all eastbound and westbound traffic shall be required to STOP before entering said intersection.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
-18 657- C.C.-9/21/10 PART III. All o rdinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
PRELIMINARY RESOLUTION NO. 3353 PROJECT 2010 #10
WHEREAS, it is proposed to improve by the installation of traffic signals in the City of Greenfield as hereinafter described;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of Greenfield;
1. That in the judgment of said Common Council, it is expedient and necess ary for the best interest of said City and the property affected thereby, that the intersection of South 80 th Street and West Layton Avenue (C T H „Y ‟) be improved by the installation of traffic signals .
2. That the Common Council declares its intention to exercise its police powers to levy special assessments under Section 66.0703, Wisconsin Statutes, upon property for the foregoing municipal purposes. The limits of the proposed assessment district are as follows:
Parcels of Real Estate Identified by Tax Roll Key Numbers as Follows:
616-8989-0 0 2 605- 9961
3. That the Common Council declares that all assessments may be paid in one (1) payment when work is contracted ; or on the next succeeding tax roll plus interest; or in ten (10) annual installments plus interest.
4. The total amount assessed against each parcel in the assessment district shall be upon a reasonable basis as determined by the Common Council.
5. That the City Engineer or his designee is hereby directed to prepare the report as describ ed in S ection 66.0703(4), Wisconsin Statutes.
Said City Engineer or his designee shall file in the City Clerk‟s office such report and notice shall be given and a hearing conducted by the Board of Public Works in accordance with the provisions of Section 66.0703(7)(a), Wisconsin Statutes.
-18 658- C.C.-9/21/10
Said notice shall be delivered or mailed to any person who has an owner‟s interest in said premise abutting on the proposed improvement, so far as their addresses are known.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
c. It was moved by Alderpe rson Kastner, seconded by Alderperson Saryan, to adopt Resolution No. 3354
PRELIMINARY RESOLUTION NO. 3354 PROJECT 2005 #6
WHEREAS, it is proposed to improve by the installation of storm sewer, storm sewer service laterals, sanitary sewer service lat erals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, and concrete or bituminous concrete (asphalt) pavement on various streets in the City of Greenf ield as hereinafter described;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of Greenfield;
1. That in the judgment of said Common Council, it is expedient and necessary for the best interest of said City and the property a ffected thereby, that:
IN FROM TO
South 40th Street W est Wanda Avenue W est Iona Avenue South 41st Str eet W est Denis Avenue W est R amsey Avenue South 42nd Street W est Grange Avenue W est Ramsey Avenue South 44th Street W est Grange Avenue C ul-de-sac South of W anda South 45th Street W est Grange Avenue C ul-de-sac South of W anda W est Denis Avenue South 41st Str eet City Limits East of S outh 40 th Street W est Wanda Avenue South 45th Street City Limits East of South 40 th Street W est Birchwood Avenue South 43rd Street South 41st Str eet W est Iona Avenue South 41st Str eet City Limits East of South 40 th Street be improved by the installati on of storm sewer, storm sewer service laterals, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, and concrete or bit uminous concrete (asphalt) pavement.
2. That the Common Council declares its intention to exercise its police powers to levy special assessments under Section 66.0703, Wisconsin Statutes, upon property for the foregoing municipal purposes. The limits of the proposed assessment district are as follows:
-18 659- C.C.-9/21/10
Parcels of Real Estate Identified by Tax Roll Key Numbers as Follows:
666-1001-0 0 1 666-8924-0 0 1 667-1006 667- 1037 667-8927 667-8958 666-1002 666-8928-0 0 1 667-1007 667- 1038 667-8928-0 0 1 667-8959 666-1003 666-8928-0 0 2 667-1008 667- 1039 667-8928-0 0 2 667-8960 666-1004 666-8929-0 0 1 667-1009 667- 1040 667-8929 667-8961 666-8895-0 0 1 666-8931-0 0 1 667-1010 667- 1041 667-8930 667-8962 666-8895-0 0 3 666-8932 667-1011 667- 1042 667-8931 667-8964-0 0 1 666-8896-0 0 1 666-8933-0 0 1 667-1012 667- 1043 667-8932 667-8965 666-8896-0 0 2 666-8934 667-1013 667- 1044 667-8933 667-8966 666-8896-0 0 3 666-8935 667-1014 667- 1045 667-8934 667-8967 666-8896-0 0 4 666-8936 667-1015 667- 1046 667-8935-0 0 1 667-8968 666-8897-0 0 1 666-8937 667-1016 667- 1047 667-8935-0 0 2 667-8969 666-8898-0 0 1 666-8939-0 0 1 667-1017 667- 1048 667-8936 667-8970-0 0 1 666-8899 666-8941 667-1018 667- 1049 667-8937 667-8973-0 0 1 666-8900 666-8942 667-1019 667- 1050 667-8938 667-8974 666-8901 666-8943 667-1021-0 0 1 667- 1051 667-8939 667-8975 666-8902 666-8944 667-1021-0 0 2 667- 1052 667-8940 667-8977-0 0 2 666-8903 666-8945-0 0 1 667-1022 667- 1053 667-8941 667-8977-0 0 3 666-8904-0 0 1 666-8945-0 0 2 667-1023 667- 1077 667-8942 667-8980-0 0 1 666-8905 666-8951 667-1024 667- 1078 667-8943-0 0 1 667-8980-0 0 2 666-8906-0 0 1 666-8952-0 0 1 667-1025 667- 1079 667-8943-0 0 2 667-8981 666-8907 666-8952-0 0 2 667-1026-0 0 1 667- 1080 667-8943-0 0 3 667-8982 666-8908 666-8954-0 0 1 667-1026-0 0 2 667- 1081 667-8944 667-8983-0 0 1 666-8909 666-8955-0 0 1 667-1026-0 0 3 6 67- 1082 667-8945 667-8983-0 0 2 666-8910 666-8956-0 0 2 667-1027 667- 1083 667-8946 667-8984 666-8911 666-8958-0 0 5 667-1028 667- 1084 667-8947 667-8985-0 0 1 666-8912-0 0 1 666-8958-0 0 7 667-1029 667- 8894 667-8948 667-8987 666-8913-0 0 1 666-8958-0 0 8 667-1030 667- 8 895-0 0 2 667-8949 667-8989-0 0 1 666-8913-0 0 2 666-8958-0 1 0 667-1031 667- 8905 667-8950 667-8990-0 0 1 666-8914-0 0 1 666-8985-0 0 1 667-1032 667- 8906 667-8951 667-8992 666-8914-0 0 2 666-8987-0 0 1 667-1033 667- 8923 667-8952-0 0 1 667-8994-0 0 3 666-8914-0 0 3 667-1003 667 -1034 667- 8924 667-8952-0 0 2 667-8994-0 0 6 666-8914-0 0 8 667-1004 667-1035 667- 8925 667-8955 667-8994-0 0 7 666-8923 667-1005 667-1036 667- 8926 667-8956 667-8995-0 0 2
3. That the Common Council declares that all assessments may be paid in one (1) payment w hen work is contracted ; or on the next succeeding tax roll plus interest; or in ten (10) annual installments plus interest.
4. The total amount assessed against each parcel in the assessment district shall be upon a reasonable basis as determ ined by the Common Council.
5. That the City Engineer or his designee is hereby directed to prepare the report as described in Section 66.0703(4), Wisconsin Statutes.
-18 660- C.C.-9/21/10 Said City Engineer or his designee shall file in the City Clerk‟s office such report and notice sh all be given and a hearing conducted by the Board of Public Works in accordance with the provisions of Section 66.0703(7)(a), Wisconsin Statutes.
Said notice shall be delivered or mailed to any person who has an owner‟s interest in said premise abutting o n the proposed improvement, so far as their addresses are known.
ADOPTED ______, 2010 APPROVED ______, 2010
______Jennifer Goergen, City Clerk M ichael J. Neitzke, Mayor
Ald. Pietrowski said he will review the budget and make his comments during the budget process on this m atter.
On a roll call vote, the motion carried with Alderpersons Lubotsky, Akers, Saryan and Kastner voting y es; A lderperson Pietrowski voting no.
d. Adopt ordinance amending Chapter 30, Post -Construction Stormwater Management, of the Greenfield Municipal Code, regarding the management of storm water on private property was referred back to the LEGISLATIVE COMMITTEE
A t this tim e, additional discussion took place i n Item #10
24. City Attorney‟s Report:
a. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to go into closed session at 8:55 p.m. pursuant to Wisconsin Statutes, Section 19.85(1)(b)&(f) for the following:
Considering licensure, social or personal history, or medical information for purposes of issuing an operator license to Antoine T. Temple
On a roll call vote, the m otion carried unanimously.
b. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to adjourn closed session and reconvene into open session at 9:03 p.m. Motion carried unanimously.
c. It was moved by Alderperson Pietrowski, seco nded by Alderperson Kastner, to approve the issuance of an operator license to Antoine T. Temple , 5425 West Forest Home Avenue . Motion carried unanimously.
25. Items for future agenda
Ordinance regarding Pawnbrokers, Secondhand Article Deale rs & Secondhand Jewelry Dealers
-18 661- C.C.-9/21/10 26. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adjourn the meeting at 9:05 p.m. Motion carried unanimously.
______Joanne Waite, Administration Secretary
Distributed: October 13, 2010
-18 662- C.C.-9/21/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, OCTOBER 5, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 P.M.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Susan Witon Deputy City Clerk Roger Pyzyk City Attorney Rick Sokol Director of Neighborhood Services Chuck Erickson Community Development Manager
2. An opening prayer was given by Chaplain Jim Leggett.
3. Pledge of Allegiance
4. Approval of the September 21, 2010 Common Council minutes is to be placed on the NEXT AGENDA. At this time the Council proceeded with Item #8 5. Mayor‟s Report
a. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to rescind the Common Council action of April 7, 2010 adopting Ordinances 2695 & 2696.
During discussion, Attorney Pyzyk explained that since Ordinances 2695 & 2696 were to become effective July, 2011, the previous ordinance in Section 13.15 [of the Municipal Code] was still in effect. Therefore, by rescinding Ordinances 2695 & 2696, Section 13.15 of the Municipal Code, which was the original Secondhand Dealers ordinance, will remain in effect. He said he understands there are some changes being proposed.
On a roll call vote, the motion carried unanimously.
b. Mayor Neitzke pointed out that the nonprofit organization SHARE has a Share the Season program with affordable holiday meals throughout the State. For more information, the website is www.sharewi.org or call 800-548-2124.
c. Mayor Neitzke stated that he along with three other leaders from surrounding municipalities met with the Greater Milwaukee Committee representatives regarding issues facing county government and the reinvention of county government. He said he expects there will be a report coming out in the next couple of months that they hope to endorse that changes the way of governing, at least in Milwaukee County.
-18663- C.C. – 10/5/10 6. Aldermanic Reports
Alderperson Saryan invited everyone to the Greenfield Public Library Foundation‟s Contemporary Issues Luncheon. Mark Sabljak, publisher of the Business Journal, will speak about the role of education in business and entrepreneurial growth on Friday, October 15, 2010 from 12:00 noon to 2:00 p.m. at the Greenfield Public Library. More information is available by calling 329-9595 or visit www.greenfieldlibrary.org.
7. Announcements
Mayor Neitzke announced that Trick or Treat in Greenfield this year will be Sunday, October 31, 2010 from 1:00 p.m. to 4:00 p.m.
At this time, the Council proceeded with Item #9
8. Citizen Commentary
The following addressed the Council:
Bret Eulberg, Robert Haack Diamonds, 7530 West Layton Avenue, urged the Council to rescind Ordinances 2695 & 2696. He believes a new ordinance needs to be prepared so the database can continue to be used but without so many restrictions. He believes businesses would like to work together with the Police Department. Dean Murray, The Jewelry Center, 7477 West Layton Avenue, agreed that Ordinances 2695 & 2696 should be rescinded, but feels there should be an ordinance prepared to move forward. Bernard Jazdzewski, 3760 West Carpenter, asked who is responsible if there is a data security breach, the businesses or the City of Greenfield. He said if businesses close, the City loses jobs, empty shops, and strip malls. The procedures of the businesses taking photographs and personal information and making a detailed description of what the customer brings in and having the businesses report this information on a daily basis he feels is a mini booking procedure and that is something that should be done by the Police Department.
At this time, the Council proceeded with Item #5
9. Public hearing for the discontinuance and vacation of alley right-of-way abutting 3627 South 51st Street, Tax Key No. 556-8992; 3637 South 51st Street, Tax Key No. 556-0301; 3626 South 52nd Street, Tax Key No. 556-2004; and 3636 South 52nd Street, Tax Key No. 556-0314-001
Notice of public hearing was published in the City‟s official newspaper on September 9, 2010; September 16, 2010; and September 23, 2010.
Chuck Erickson, Community Development Manager, presented diagrams of the property in question. He said the right-of-way runs approximately 50 to 60 feet further than where the asphalt stops. The property owners adjacent to those have requested the vacation. They actually don‟t even use the alley because their driveways go out to their respective streets. The Board of Public Works and the Plan Commission recommended approval of the vacation.
-18664- C.C. – 10/5/10 Mayor Neitzke said it looks like someone has a shed that may cross the center of the alley which could be an issue. He said it is illegal to have structures and fences within City right-of-way and alleys, but he believes it is an issue between the two property owners.
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to adopt Resolution No. 3355.
RESOLUTION NO. 3355
WHEREAS, the public interest requires that the following alley right-of-way be discontinued and vacated, legally described, to-wit:
That part of the Southwest 1/4 of Section 14, Township 6 North, Range 21 East, in the City of Greenfield, Milwaukee County, State of Wisconsin, which is bounded and described as follows: Commencing at the Northwest corner of Lot 1, Block 1 of Howard Avenue Park, a recorded subdivision; thence South 00°50'30" West along the West line of said Lot 1 and its extension, 50.00 feet to a point; thence due West, 20.00 feet to a point, said being on the East line Lot 15, Block 1 of Howard Avenue Park; thence North 00°50'30" East along the East line of said Lot 15 and its extension, 50.00 feet to a point, said point being the Northeast corner of Lot 16, Block 1 and the North line of Howard Avenue Park; thence due East along the North line of Howard Avenue Park, 20.00 feet to the point of beginning.
WHEREAS, it appears that this resolution was introduced before the Common Council of the City of Greenfield on August 17, 2010 and a Notice of Hearing was published in the Greenfield NOW, the official City newspaper formerly known as MyCommunityNow.com and the Greenfield Observer, on September 9, 2010; September 16, 2010; and September 23, 2010, that a copy of said Notice was served on the owners abutting the said alley to be discontinued, namely:
KEY NUMBER PROPERTY OWNER & ADDRESS
556-8992 Stacey A. Cohen – 3627 South 51st Street, Greenfield, WI 53220 556-0301 Andrew R. Schroeder – 3637 South 51st Street, Greenfield, WI 53220 556-2004 Jennifer A. Bigalke & Patrick Bigalke – 3626 South 52nd Street, Greenfield, WI 53220 556-0314-001 Eric D. Miller & Theresa M. Miller – 3636 South 52nd Street, Greenfield, WI 53220 on the 26th day of August, 2010; 29th day of August, 2010; and the 1st day of September, 2010 and it further appears that no sufficient written objection to said discontinuance and vacation was filed with the City Clerk; and it appears that a public hearing was held before the Common Council of the City of Greenfield on the 5th day of October, 2010; and
WHEREAS, a Notice of Pendency of Application to Vacate in the above matter was recorded with the Register of Deeds for Milwaukee County, as required by law, on the 15th day of July, 2010.
-18665- C.C. – 10/5/10 NOW, THEREFORE, in accordance with the authority vested in the Common Council by Section 66.1003 of the Wisconsin Statutes;
BE IT RESOLVED by the Common Council of the City of Greenfield that the following be discontinued and vacated, legally described, to-wit:
That part of the Southwest 1/4 of Section 14, Township 6 North, Range 21 East, in the City of Greenfield, Milwaukee County, State of Wisconsin, which is bounded and described as follows: Commencing at the Northwest corner of Lot 1, Block 1 of Howard Avenue Park, a recorded subdivision; thence South 00°50'30" West along the West line of said Lot 1 and its extension, 50.00 feet to a point; thence due West, 20.00 feet to a point, said being on the East line Lot 15, Block 1 of Howard Avenue Park; thence North 00°50'30" East along the East line of said Lot 15 and its extension, 50.00 feet to a point, said point being the Northeast corner of Lot 16, Block 1 and the North line of Howard Avenue Park; thence due East along the North line of Howard Avenue Park, 20.00 feet to the point of beginning. be and the same hereby is vacated and discontinued.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
After a discussion, on a roll call vote, the motion carried unanimously.
10. Public hearing for approval of a Special Use Amendment, requested by Mad Dog Saloon, 4395 South 76th Street, for an outdoor smoking patio along approximately 60‟ of the southeast side of the building in order to provide a small fenced-in smoking area with about four „standing only‟ tables (no chairs) for their patrons who smoke. Part of this request is also to include an “expansion of premises” as currently identified on the Class “B” license for this property so that these patrons would be allowed to bring their beverage to this area, but no food, Tax Key #605-9979-002
Notice of public hearing was published in the City‟s official newspaper on September 23, 2010.
Chuck Erickson, Community Development Manager, presented a diagram of the property in question. The staff recommendation from the Plan Commission on this matter was to support the idea of a smoking only enclosure, but not to include the ability to have alcohol products brought out to that area. The Plan Commission reviewed both the use request and the particulars regarding the proposed improvements. At this point, there is no recommendation forwarded from the Plan Commission.
Attorney John Fuchs, representing Mad Dog Saloon, was in attendance. He will provide Mr. Erickson with a proposal received from Schleck Construction, which would address some concerns expressed at the Plan Commission. In that proposal, 12 plants could be added to match the existing green space and four yards of mulch. The exposed areas would be cedar wrap. The most significant change would be a shingle type roof. Attorney Fuchs asked consideration to expand the area included in the liquor licensed premises. This is being done to try and preserve compatibility within the neighborhood. The business would agree to any type of condition that freezes the occupancy of the building at the size it is and not count the additional spaces for
-18666- C.C. – 10/5/10
occupancy purposes. There would be no loss of parking. Attorney Fuchs indicated some patrons might carry a drink out to the patio with them. Since there are no chairs, they can‟t sit down. If Mad Dog Saloon is going to spend over $12,000 for a patio area, some of those costs might be mitigated if smoking doesn‟t impact overall sales. The idea is not for people to congregate or linger outside. Many establishments in the City have outdoor areas where drinking is allowed. Attorney Fuchs said if Mad Dog isn‟t allowed what many other bars have, that doesn‟t seem fair. The patio area would keep people from walking/talking in the parking lot near homes.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to close the public hearing. The motion carried unanimously.
It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve a Special Use Amendment, requested by Mad Dog Saloon, 4395 South 76th Street, for an outdoor smoking patio along approximately 60‟ of the southeast side of the building in order to provide a small fenced-in smoking area with about four „standing only‟ tables (no chairs) for their patrons who smoke. Part of this request is also to include an “expansion of premises” as currently identified on the Class “B” license for this property so that these patrons would be allowed to bring their beverage to this area, but no food, Tax Key #605-9979-002.
Under discussion, City Attorney Pyzyk asked Alderperson Saryan if she wanted to add to the motion “and any staff comments that are included”. Mayor Neitzke said there wasn‟t a recommendation from the Plan Commission, but there were comments and stipulations this evening relating to the architectural integrity of the building and the changes that were proposed. Alderperson Saryan agreed.
Deputy City Clerk Susan Witon stated that if a licensee wants to change their premises description, they have to file a written request with the City Clerk to amend the premises description. That would be a separate agenda item in the future.
Further discussion took place with several Alderpersons stating their concerns on this matter. Attorney Fuchs responded, clarifying the position that to create an outdoor smoking patio without patrons being able to carry their drink with them doesn‟t make economic sense.
It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to amend the motion to allow smoking in the $12,000 outdoor patio room, but not extend the license to include alcohol.
After discussion, Alderperson Lubotsky asked that the monetary reference be deleted from the motion.
-18667- C.C. – 10/5/10 Therefore, the motion should read as follows:
It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to amend the motion to allow smoking in the outdoor patio room, but not extend the license to include alcohol.
After discussion, on a roll call vote on the amendment, the motion carried with Alderpersons Lubotsky, Pietrowski, Kastner & Akers voting yes; Alderperson Saryan voting no.
Mayor Neitzke asked if everyone understood the main motion on the floor now, as amended, is for an outdoor smoking patio. This would not include an expansion of the premises on the Class “B” license for this property. Patrons would not be allowed to bring beverages into this area.
On a roll call vote, the original motion as amended carried unanimously.
11. Community Development Authority Meeting held August 31, 2010
Item #4 Approve recommendation to cease negotiations with any private property owners within the “Greenfield Crossing Redevelopment Area” and reopen discussions with Wisconsin Department of Transportation regarding the Memo of Understanding Agreement pertaining to their 6.5 acre Park & Ride Lot.
Action on this item was taken at September 21, 2010 Council meeting.
12. Finance & Human Resources Committee Meeting held September 21, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve the following:
Item #5 Terms and conditions of the duty disability resignation of Police Officer Angela Krohn
Item #6 Agreement between the City of Greenfield and ACL Laboratories for the provision of laboratory services
Item #7 Job description for the position of Public Health Nurse Supervisor in the Health Department
Item #8 Fill the position of Public Health Nurse Supervisor in the Health Department
Item #9 Resolution amending Resolution #3267 to set the salaries and benefits of Non- Represented and Command Staff employees of the City of Greenfield for 2009-2011 to include the position of Public Health Nurse Supervisor
Item #12 Schedules of disbursements in the amounts of $4,626.72; $642,432.84; $562,353.57; $6,498,414.12; $62,190.62 and ($144.00)
-18668- C.C. – 10/5/10
Item #13 Mileage reimbursements in the amount of $2,614.49
Item #14 Investments and reinvestments in the amounts of $18,290,192.21 and $10,027.281.75
Item #15 Accept August 2010 financial statement
On a roll call vote, the motion carried unanimously.
13. Board of Public Works Meeting held September 28, 2010
Item #7 It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to adopt the Final Resolution directing that the work and improvements be carried out in accordance with the Engineer‟s Report, plans and specifications, and that payment for said improvements be made as therein provided, for the installation of traffic signals at the intersection of South 80th Street and West Layton Avenue (CTH „Y‟), Project 2010 #10. On a roll call vote, the motion carried unanimously.
Item #8 It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to adopt the Final Resolution directing that the work and improvements be carried out in accordance with the Engineer‟s Report, plans and specifications, and that payment for said improvements be made as therein provided, for the installation of storm sewer, storm sewer service laterals, sanitary sewer, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, concrete or bituminous concrete (asphalt) pavement, and public sidewalk, in South 124th Street from West Cold Spring Road to the South City Limit, Project 2006 #5.
Under discussion, Alderperson Pietrowski spoke about special assessments, and how the City could assess for engineering costs. For clarification, Mayor Neitzke said all the properties along South 124th Street are not being specially assessed. The only properties being specially assessed are the ones that are having full improvements made in front of their property.
On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
Item #10 It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve request for a ditch enclosure from John and Mary Rygielski, 8231 West Allerton Avenue, Tax Key #605-0130-001, and direct staff to investigate payment options.
After a discussion, on a roll call vote, the motion carried unanimously.
-18669- C.C. – 10/5/10 14. Finance & Human Resources Committee Meeting held September 29, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
Item #8 Schedules of disbursements in the amounts of $201,227,80; $601,453.70 and $421,846.85 Item #9 Mileage reimbursements in the amount of $217.00
On a roll call vote, the motion carried unanimously.
Item #3 It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve transfer of balances from GENRES and the Special Assessment fund to fund the installation of traffic signals at South 80th Street and West Layton Avenue, Project EN1010
It was moved by Alderperson Pietrowski to amend the motion to have both the borrowed funds be returned to their respective funds once the other special assessment is collected.
After discussion, Alderperson Pietrowski withdrew his motion.
Mayor Neitzke said the numbers presented at the Finance Committee are different than what they actually are. The numbers that would be inserted in the motion would be $155,000 from the Special Assessment fund and the transfer of $120,000 from GENRES, both of which would go into Project EN1010. This project is 100% assessable to the adjoining properties. The larger transfer is needed due to bids higher than budgeted at the time the original recommendation was made. He asked if both Alderpersons Saryan and Akers concur that the above is the action desired, and they said yes. The payments made by the special assessments will go back to the Special Assessment fund and will be re-circulated to capital improvement projects.
On a roll call vote, the motion carried unanimously.
Item #4 It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve an agreement for an updated OPEB (Other Post Employment Benefits) Valuation as of January 1, 2011 with Key Benefit Concepts, LLC
Under discussion, the bid process was discussed. Also, this valuation is an unfunded mandate of something that is unfunded.
On a roll call vote, the motion carried unanimously.
15. City Clerk‟s Report:
a. Receipt of EEOC Complaint from Terry A. Bell was referred to the CITY ATTORNEY
-18670- C.C. – 10/5/10 b. Claim received from Michael & Marie Hansen for damage done to their vehicle when rear ended by a City of Greenfield Fire & Rescue vehicle at the corner of West Loomis Road and West Layton Avenue on September 13, 2010 was referred to the CITY ATTORNEY
c. Claim received from Zarina Dawoodbhai for damage done to her vehicle by an orange construction barrel while traveling on West Loomis Road on August 26, 2010 was referred to the CITY ATTORNEY
See action taken in Item #21a of these minutes.
16. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the issuance of an operator license to each of the following:
Hall, Tracy M.-403 Augusta Drive Holger, Deborah S.-3647 S. 46th Street Schneider, Matthew W.-3473 S. Ellen Street
Motion carried unanimously.
17. Appointments to various committees and commissions:
a. Mayor appointments, confirmed by Council:
(1) One member to the Fire & Police Commission for a term to expire May 1, 2015. Alderperson Akers stated she is unable to find anyone to represent District 4 on this commission. She recommends Robert Selin (District 5) to represent District 4.
It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to confirm the Mayor‟s appointment of Robert Selin, 5621 South 45th Street, as a member to the Fire & Police Commission for a term to expire May 1, 2015.
After discussion, the motion carried unanimously.
(3) It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to confirm the Mayor‟s appointment of Patricia Nelson, 4850 South 43rd Street, as an alternate member to the Community Development Authority for a term to expire February 19, 2013. The motion carried unanimously.
The following appointments are to be placed on the NEXT AGENDA:
(a) Mayor appointments, confirmed by Council:
One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
(b) Mayor appointments
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Kopp)
-18671- C.C. – 10/5/10
18. Determination regarding the public hearing held pertaining to the discontinuance and vacation of the 10-foot wide alley right-of-way in the rear yard of the parcels between 7637 West Allerton Avenue to 7817 West Allerton Avenue, which abuts Tax Key Nos. 605-0057, 605-0058, 605-0059, 605-0060, 605-0061, 605-0062, 605-0063, 605-0064, 605-0065, 605-0066, 605-9970, 605-9971-002, 605-9973, 605-9974, 605-9975, 605-9976, 605-9979-002, 605-9980 (public hearing held 9/21/10)
Mayor Neitzke stated this is the vacation of the right-of-way of the alley behind Mad Dog Saloon. There was a motion to close the public hearing at the Council meeting of September 21, 2010. However, the Council allowed citizens to address the Council.
Andrew Doke, 7656 West Forest Home Avenue, asked if a survey was done for the alley way. He was told that the former owner of his property sold this land to the developer and there was no alley way. It was always landlocked. At that time, a neighbor opposed it. If anyone opposed it, it wouldn‟t go through.
Mayor Neitzke said there were no alley right-of-way taken from the properties on the Forest Home Home side. It was taken from the West Allerton Avenue side. A certified survey map filed with the Register of Deeds shows that.
Mr. Erickson said the plat from 1955 actually dedicates the 10-foot area to the City taken from the properties fronting on West Allerton Avenue.
City Attorney Pyzyk explained what the map shows.
Discussion took place on the chain link fence, which would then belong to the West Allerton Avenue property owner.
Mr. Doke indicated he does not want that removed.
Mayor Neitzke said the City wants to get rid of the alley way that is never going to go in. This would be a benefit to the folks adjacent to Mad Dog Saloon because it increases the buffer between their properties.
Andrew Attewell, 7720 West Forest Home Avenue, asked how this will affect other fence lines. He understands that to determine his property line he needs to hire a surveyor which would cost him money. He asked if there was a way for the City to get the alley surveyed so as not to disrupt an entire neighborhood.
City Attorney Pyzyk said that is not the City‟s responsibility. It is up to the property owner to have a survey done so that a fence is located on their property properly.
Mr. Attewell asked if this still applies if the City is giving away a portion of its property.
-18672- C.C. – 10/5/10 Attorney Pyzyk said yes. All the City received from the people on West Allerton Avenue was a 10-foot dedication of land that potentially some day in the future was going to be used for an alley way. The City has decided that they are not going to ever put an alley there, and will never come to the people on West Forest Home Avenue to ask for 10 feet of their land in order to put the alley way in. Whomever put the fences up had the responsibility to make sure that it was on their property.
Mayor Neitzke said the people on Allerton should know where their property lines are, and they have 10 feet more than that.
City Attorney Pyzyk said it is a criminal matter to remove survey stakes.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Resolution No. 3356.
RESOLUTION NO. 3356
WHEREAS, the public interest requires that the following alley right-of-way be discontinued and vacated, legally described, to-wit:
That part of the Southeast 1/4 of Section 21, Township 6 North, Range 21 East, in the City of Greenfield, Milwaukee County, State of Wisconsin, which is bounded and described as follows: Commencing at the Southeast corner of Lot 10, Block 4, Magnolia Manor No. 2 Subdivision, a recorded subdivision; thence due South along the East line of said subdivision, 13.40 feet to a point; thence South 48°15'00" W, 296.56 feet to a point; thence South 49°24'10" W, 338.84 feet to a point; thence North 42°56'27" W, 10 feet to a point, said point being the Southwest corner of Lot 1, Block 4, Magnolia Manor No. 2; thence North 49°24'10" East along the Southerly line of Lots 1 thru 5, Block 4, Magnolia Manor No. 2, 338.57 feet to a point; thence North 48°15'00" East along the Southerly line of Lots 5 thru 10, Block 4, Magnolia Manor No. 2, 305.96 feet to the point of beginning.
WHEREAS, it appears that this resolution was introduced before the Common Council of the City of Greenfield on July 20, 2010 and a Notice of Hearing was published in the Greenfield NOW, the official City newspaper formerly known as MyCommunityNow.com and the Greenfield Observer, on August 26, 2010; September 2, 2010; and September 9, 2010, that a copy of said Notice was served on the owners abutting the said alley right-of-way to be discontinued, namely:
KEY NUMBER PROPERTY OWNER & ADDRESS
605-0057 James A. Zacher & Valerie R. Hansen-7817 W. Allerton Ave., Greenfield, WI 53220 605-0058 Randall Popp, C/O Joseph and Irene Popp-W241 S6015 Trillium Ci., Waukesha, WI 53189 605-0059 Jason Prochaska & Melissa Murphy-7801 W. Allerton Ave., Greenfield, WI 53220 605-0060 Jody B. Colton & Jose Ortiz R. Garcia-7757 W. Allerton Ave., Greenfield, WI 53220 605-0061 David J. Baillargeon & Diane K. Baillargeon-7747 W. Allerton Ave., Greenfield, WI 53220 605-0062 Kevin J. Burdick & Christine Burdick-7737 W. Allerton Ave., Greenfield, WI 53220 605-0063 Brandon Kirkpatrick-7727 W. Allerton Ave., Greenfield, WI 53220
-18673- C.C. – 10/5/10 605-0064 Conrad G. Miller & Lillian A. Miller-7717 W. Allerton Ave., Greenfield, WI 53220 605-0065 Mary Ann Staniszewski-7701 W. Allerton Ave., Greenfield, WI 53220 605-0066 Jeffery M. Powers & Margaret Powers-7637 W. Allerton Ave., Greenfield, WI 53220 605-9970 Lorraine G. Branzolewski-7837 W. Allerton Ave., Greenfield, WI 53220 605-9971-002 Denise Redding-7740 W. Forest Home Ave., Greenfield, WI 53220 605-9973 Geraldine Hansen Life Estate-7728 W. Forest Home Ave., Greenfield, WI 53220 605-9974 Joann M. Stencel & Andrew D. Attewell-7720 W. Forest Home Ave., Greenfield, WI 53220 605-9975 Andrew H. Doke-7656 W. Forest Home Ave., Greenfield, WI 53220 605-9976 Ratko Terzic & Mira Terzic-7640 W. Forest Home Ave., Greenfield, WI 53220 605-9979-002 LaLicata-Greenfield-4395 S. 76th Street, Greenfield, WI 53220 605-9980 TCF National Bank-Accounting Department, 800 Burr Ridge Pkwy., Burr Ridge, IL 60527 on the 12th day of August, 2010; the 13th day of August, 2010; and the 19th day of August, 2010 and it further appears that no sufficient written objection to said discontinuance and vacation was filed with the City Clerk; and it appears that a public hearing was held before the Common Council of the City of Greenfield on the 21st day of September, 2010; and
WHEREAS, a Notice of Pendency of Application to Vacate in the above matter was recorded with the Register of Deeds for Milwaukee County, as required by law, on the 10th day of June, 2010.
NOW, THEREFORE, in accordance with the authority vested in the Common Council by Section 66.1003 of the Wisconsin Statutes;
BE IT RESOLVED by the Common Council of the City of Greenfield that the following be discontinued and vacated, legally described, to-wit:
That part of the Southeast 1/4 of Section 21, Township 6 North, Range 21 East, in the City of Greenfield, Milwaukee County, State of Wisconsin, which is bounded and described as follows: Commencing at the Southeast corner of Lot 10, Block 4, Magnolia Manor No. 2 Subdivision, a recorded subdivision; thence due South along the East line of said subdivision, 13.40 feet to a point; thence South 48°15'00" W, 296.56 feet to a point; thence South 49°24'10" W, 338.84 feet to a point; thence North 42°56'27" W, 10 feet to a point, said point being the Southwest corner of Lot 1, Block 4, Magnolia Manor No. 2; thence North 49°24'10" East along the Southerly line of Lots 1 thru 5, Block 4, Magnolia Manor No. 2, 338.57 feet to a point; thence North 48°15'00" East along the Southerly line of Lots 5 thru 10, Block 4, Magnolia Manor No. 2, 305.96 feet to the point of beginning. be and the same hereby is vacated and discontinued.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
-18674- C.C. – 10/5/10 19. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council, is to be placed on the NEXT AGENDA.
20. Engineering Division Report:
a. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to adopt Final Resolution No. 3357. RESOLUTION NO. 3357
FINAL RESOLUTION LEVYING SPECIAL ASSESSMENTS UNDER SECTION 66.0703 OF THE WISCONSIN STATUTES AGAINST BENEFITING PROPERTY FOR THE INSTALLATION OF STORM SEWER, STORM SEWER SERVICE LATERALS, SANITARY SEWER, SANITARY SEWER SERVICE LATERALS, WATER MAIN, WATER SERVICE LATERALS, CONCRETE DRIVEWAY APPROACHES, CONCRETE OR ASPHALT DRIVEWAY REPLACEMENT, CONCRETE SERVICE WALKS, CONCRETE CURB/GUTTER, CONCRETE OR BITUMINOUS CONCRETE (ASPHALT) PAVEMENT, AND PUBLIC SIDEWALK, IN SOUTH 124th STREET FROM WEST COLD SPRING ROAD TO THE SOUTH CITY LIMIT, PROJECT 2006 #5
WHEREAS, The Common Council heretofore determined by Preliminary Resolution No. 3319 adopted December 15, 2009, and Resolution No. 3322 amending Resolution No. 3319, adopted January 19, 2010, pursuant to Section 66.0703, Wisconsin Statutes and the police powers of the City of Greenfield to levy and collect special assessments upon properties benefited by the installation of storm sewer, storm sewer service laterals, sanitary sewer, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, concrete or bituminous concrete (asphalt) pavement, and public sidewalk, in South 124th Street from West Cold Spring Road to the South City Limit, Project 2006 #5; and
WHEREAS, the City Engineer‟s office prepared the report of the special assessments to be levied, including a schedule of proposed assessments, and filed said report with the City Clerk; and
WHEREAS, notice of public hearing on said report was given by the City Clerk as provided by law, as shown by affidavits of mailing and publication and the records of file herein; and
WHEREAS, the Board of Public Works held a public hearing on Tuesday, the 28th day of September 2010 in the Council Chambers, Room 100 at City Hall commencing at 6:45 p.m. and all persons desiring to be heard were heard; and
WHEREAS, the Board of Public Works has forwarded its recommendation to the Common Council; and
WHEREAS, the Common Council has previously considered and accepted the recommendation of the Board of Public Works and has been fully advised in these matters and is now ready to proceed with the work and to make the final levy of special assessments for the benefits conferred as set forth herein;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of Greenfield, Milwaukee County, Wisconsin, that:
-18675- C.C. – 10/5/10
1. After due consideration of the report of the City Engineer‟s office and the recommendation of the Board of Public Works in the manner set forth in the preamble hereto, the Common Council hereby finds and determines that the properties set forth in said report and each of them are benefited by the installation of storm sewer, storm sewer service laterals, sanitary sewer, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, concrete or bituminous concrete (asphalt) pavement, and public sidewalk, and the Common Council upon such consideration determines that the proposed assessments made were determined upon a reasonable basis.
2. Upon such findings and determinations, said report, including the proposed project plans and specifications, the statement of estimated project costs, the statement of benefits and the schedule of proposed assessments is hereby approved, and the Common Council directs that the City Engineer‟s office carry out said work or improvements in accordance with said report and that payment of said special assessments be made as hereinafter provided.
3. The proposed assessments set forth in said report are hereby assessed and levied against said properties as special assessments for the benefits incurred upon them by the installation of storm sewer, storm sewer service laterals, sanitary sewer, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, concrete or bituminous concrete (asphalt) pavement, and public sidewalk, in South 124th Street from West Cold Spring Road to the South City Limit, Project 2006 #5, and the owners of said properties are hereby ordered to pay such special assessments in the manner hereinafter provided. Because Surface Transportation Program – Urban (STP-U) funding at 80% is being applied to this project, the City‟s standard special assessment rates of $28.38 per linear foot for residential and $55.72 per linear foot for commercial, and other grant-eligible charges will be reduced by 80%.
4. The proceeds from such special assessments shall be used for paying the costs of the installation of storm sewer, storm sewer service laterals, sanitary sewer, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, concrete or bituminous concrete (asphalt) pavement, and public sidewalk.
5. The assessments are made pursuant to the police powers of the City of Greenfield and Section 66.0703, Wisconsin Statutes.
6. Each special assessment levied by this resolution shall be a lien on the property against which it is levied on behalf of the City of Greenfield, in accordance with Section 66.0703(13) Wisconsin Statutes.
7. Each property owner has the option to pay his or her assessment in one sum without interest on or before October 1, 2012 or the entire amount plus interest computed at 4.75% from October 1, 2012 may be placed on your 2012 tax bill or in ten (10) annual installments, as provided for by Section 66.0715(3) Wisconsin Statutes, with interest thereon at 4.75% per year on the unpaid balance beginning October 1, 2012. All assessments will be collected in installments except such assessments which are paid in full to the City of
-18676- C.C. – 10/5/10 Greenfield on or before October 1, 2012. The first installment shall be entered in the 2012 tax roll as a special assessment on the property upon which the special assessment was levied and thereafter shall be treated in all respects as any other municipal tax, except as otherwise provided in Section 66.0715(3), Wisconsin Statutes. One of the subsequent installments shall be entered in a like manner and with like effect in each of the annual tax rolls thereafter until all are levied. Each property owner who is paying by installments may prepay his or her assessments together with accrued interest at any time without penalty. In the event a property owner fails to pay any installment in full at the time it is due, said owner will be deemed delinquent and his or her or its entire unpaid assessment, together with accrued interest through December 31 of the year said delinquency occurs, shall be extended upon the next succeeding tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute.
8. All payments hereunder are to be made to the City of Greenfield.
9. The City Clerk is hereby authorized and directed to publish a copy of this resolution as a Class 1 notice in the Greenfield NOW and shall mail a copy of this resolution and a statement of final assessment against his or her property to every interested person whose tax key number appears on the assessment schedule and whose post office address is known or can, with reasonable diligence, be ascertained.
10. The City Clerk is hereby authorized and directed to publish the “Installment Assessment Notice” attached hereto and made a part hereof, as a Class 1 notice and mail a copy thereof to every interested person.
11. This resolution shall become effective upon passage and publication and notice in compliance with Sections 9 and 10 above.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
CITY OF GREENFIELD
INSTALLMENT ASSESSMENT NOTICE FOR THE INSTALLATION OF STORM SEWER, STORM SEWER SERVICE LATERALS, SANITARY SEWER, SANITARY SEWER SERVICE LATERALS, WATER MAIN, WATER SERVICE LATERALS, CONCRETE DRIVEWAY APPROACHES, CONCRETE OR ASPHALT DRIVEWAY REPLACEMENT, CONCRETE SERVICE WALKS, CONCRETE CURB/GUTTER, CONCRETE OR BITUMINOUS CONCRETE (ASPHALT) PAVEMENT, AND PUBLIC SIDEWALK, IN SOUTH 124th STREET FROM WEST COLD SPRING ROAD TO THE SOUTH CITY LIMIT
PROJECT 2006 #5
NOTICE IS HEREBY GIVEN that a contract was let for the installation of storm sewer, storm sewer service laterals, sanitary sewer, sanitary sewer service laterals, water main, water service laterals, concrete driveway
-18677- C.C. – 10/5/10 approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, concrete or bituminous concrete (asphalt) pavement, and public sidewalk, in South 124th Street from West Cold Spring Road to the South City Limit; and that amount of the special assessment therefore has been determined as to each parcel of real estate affected thereby and a statement of the same is on file with the City Clerk. Said assessments may be paid in one sum without interest on or before October 1, 2012 or the entire amount plus interest computed at 4.75% from October 1, 2012 may be placed on your 2012 tax bill or in ten (10) equal annual installments, as provided for by Section 66.0715(3), Wisconsin Statutes, with interest thereon at 4.75% per year on the unpaid balance beginning October 1, 2012. All assessments will be collected in installments as provided in said Paragraph 7 of the Final Resolution to which this notice is attached, except such assessments which are paid in full to the City of Greenfield on or before October 1, 2012.
Dated at Greenfield, Wisconsin this ______day of ______, 20__
______Susan L. Witon, Deputy City Clerk
On a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no.
b. Discussion and decision to accept lowest responsible bid and award contract for installation of traffic signals at the intersection of South 80th Street and West Layton Avenue, Project 2010 #10
Mayor Neitzke said that it has been recommended that a construction contract in the amount of $259,001.74 be awarded to the lowest responsible bidder, which is A. W. Oakes & Son, Inc. An error in the bid sheet showed some quantities as square yards, not square feet. After adjusting the bid for this error, the low bid by A. W. Oakes & Son, Inc. was $314,664.71. By change order, the quantities of work will be removed and the scope of work to reduce the contract to $259,001.74.
It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to accept the lowest responsible bid and award contract for installation of traffic signals at the intersection of South 80th Street and West Layton Avenue, Project 2010 #10 to A. W. Oakes & Son, Inc. in the amount of $259,001.74. On a roll call vote, the motion carried unanimously.
c. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to adopt Final Resolution No. 3358.
RESOLUTION NO. 3358
FINAL RESOLUTION LEVYING SPECIAL ASSESSMENTS UNDER SECTION 66.0703 OF THE WISCONSIN STATUTES AGAINST BENEFITING PROPERTY FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF SOUTH 80TH STREET AND WEST LAYTON AVENUE (CTH „Y‟), PROJECT 2010 #10
-18678- C.C. – 10/5/10 WHEREAS, The Common Council heretofore determined by Preliminary Resolution No. 3353 adopted September 21, 2010 pursuant to Section 66.0703, Wisconsin Statutes and the police powers of the City of Greenfield to levy and collect special assessments upon properties benefited by the installation of traffic signals at the intersection of South 80th Street and West Layton Avenue (CTH „Y‟), Project 2010 #10; and
WHEREAS, the City Engineer‟s office prepared the report of the special assessments to be levied, including a schedule of proposed assessments, and filed said report with the City Clerk; and
WHEREAS, notice of public hearing on said report was given by the City Clerk as provided by law, as shown by affidavits of mailing and publication and the records of file herein; and
WHEREAS, the Board of Public Works held a public hearing on Tuesday, the 28th day of September 2010 in the Council Chambers, Room 100 at City Hall commencing at 6:35 p.m. and all persons desiring to be heard were heard; and
WHEREAS, the Board of Public Works has forwarded its recommendation to the Common Council; and
WHEREAS, the Common Council has previously considered and accepted the recommendation of the Board of Public Works and has been fully advised in these matters and is now ready to proceed with the work and to make the final levy of special assessments for the benefits conferred as set forth herein;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of Greenfield, Milwaukee County, Wisconsin, that:
1. After due consideration of the report of the City Engineer‟s office and the recommendation of the Board of Public Works in the manner set forth in the preamble hereto, the Common Council hereby finds and determines that the properties set forth in said report and each of them are benefited by the installation of traffic signals, and the Common Council upon such consideration determines that the proposed assessments made were determined upon a reasonable basis.
2. Upon such findings and determinations, said report, including the proposed project plans and specifications, the statement of estimated project costs, the statement of benefits and the schedule of proposed assessments is hereby approved, and the Common Council directs that the City Engineer‟s office carry out said work or improvements in accordance with said report and that payment of said special assessments be made as hereinafter provided. Some assessments will be deferred as outlined in the Engineer‟s Report until the effected property realizes the projected benefit.
3. The proposed assessments set forth in said report are hereby assessed and levied against said properties as special assessments for the benefits incurred upon them by the installation of traffic signals, and the owners of said properties are hereby ordered to pay such special assessments in the manner hereinafter provided.
4. The proceeds from such special assessments shall be used for paying the costs of the installation of traffic signals.
-18679- C.C. – 10/5/10
5. The assessments are made pursuant to the police powers of the City of Greenfield and Section 66.0703, Wisconsin Statutes.
6. Each special assessment levied by this resolution shall be a lien on the property against which it is levied on behalf of the City of Greenfield, in accordance with Section 66.0703(13) Wisconsin Statutes.
7. Each property owner has the option to pay his or her assessment in one sum without interest on or before April 1, 2011 or the entire amount plus interest computed at 4.75% from April 1, 2011 may be placed on your 2011 tax bill, or in ten (10) annual installments, as provided for by Section 66.0715(3) Wisconsin Statutes, with interest thereon at 4.75% per year on the unpaid balance beginning April 1, 2011. All assessments will be collected in installments except such assessments which are paid in full to the City of Greenfield on or before April 1, 2011. The first installment shall be entered in the 2011 tax roll as a special assessment on the property upon which the special assessment was levied and thereafter shall be treated in all respects as any other municipal tax, except as otherwise provided in Section 66.0715(3), Wisconsin Statutes. One of the subsequent installments shall be entered in a like manner and with like effect in each of the annual tax rolls thereafter until all are levied. Each property owner who is paying by installments may prepay his or her assessments together with accrued interest at any time without penalty. In the event a property owner fails to pay any installment in full at the time it is due, said owner will be deemed delinquent and his or her or its entire unpaid assessment, together with accrued interest through December 31 of the year said delinquency occurs, shall be extended upon the next succeeding tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute.
8. All payments hereunder are to be made to the City of Greenfield.
9. The City Clerk is hereby authorized and directed to publish a copy of this resolution as a Class 1 notice in the Greenfield NOW and shall mail a copy of this resolution and a statement of final assessment against his or her property to every interested person whose tax key number appears on the assessment schedule and whose post office address is known or can, with reasonable diligence, be ascertained.
10. The City Clerk is hereby authorized and directed to publish the “Installment Assessment Notice” attached hereto and made a part hereof, as a Class 1 notice and mail a copy thereof to every interested person.
11. This resolution shall become effective upon passage and publication and notice in compliance with Sections 9 and 10 above.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
-18680- C.C. – 10/5/10
CITY OF GREENFIELD
INSTALLMENT ASSESSMENT NOTICE FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF SOUTH 80TH STREET AND WEST LAYTON AVENUE (CTH „Y‟), PROJECT 2010 #10
NOTICE IS HEREBY GIVEN that a contract was let for the installation of traffic signals at the intersection of South 80th Street and West Layton Avenue (CTH „Y‟); and that amount of the special assessment therefore has been determined as to each parcel of real estate affected thereby and a statement of the same is on file with the City Clerk. Said assessments may be paid in one sum without interest on or before April 1, 2011 or the entire amount plus interest computed at 4.75% from April 1, 2011 may be placed on your 2011 tax bill or in ten (10) equal annual installments, as provided for by Section 66.0715(3), Wisconsin Statutes, with interest thereon at 4.75% per year on the unpaid balance beginning April 1, 2011. All assessments will be collected in installments as provided in said Paragraph 7 of the Final Resolution to which this notice is attached, except such assessments which are paid in full to the City of Greenfield on or before April 1, 2011.
Dated at Greenfield, Wisconsin this ______day of ______, 20__
______Susan L. Witon, Deputy City Clerk
On a roll call vote, the motion carried unanimously.
21. City Attorney‟s Report:
a. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to adopt Resolution No. 3359. RESOLUTION NO. 3359
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by ZARINA DAWOODBHAI, for damage done to her vehicle by an orange construction barrel while traveling on West Loomis Road on August 26, 2010, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
-18681- C.C. – 10/5/10 b. It was moved by Alderperson Akers, seconded by Alderperson Saryan, to adopt Resolution No. 3360.
RESOLUTION NO. 3360
RESOLUTION AMENDING RESOLUTION NO. 3267 TO SET THE SALARIES AND BENEFITS OF NON-REPRESENTED AND COMMAND STAFF EMPLOYEES OF THE CITY OF GREENFIELD FOR 2009-2011
RESOLVED, By the Common Council of the City of Greenfield, that the 2009-2011 resolution to set the salaries and benefits of non-represented and command staff employees of the City of Greenfield for 2009- 2011 is amended as follows effective upon adoption:
Effective January 1, 2010
Step 1 Step 2 Step 3 Step 4 Step 5 Range/Position Start 1 Year 2 Year 3 Year 4 Year
9 Accounting Manager 2,150.71 2,225.98 2,303.88 2,384.54 2,467.98 Assistant Assessor Public Health Nurse Supervisor Assistant Director 2,150.71 2,225.98 2,303.88 2,384.54 2,527.88 of Inspection Services & Zoning
Effective January 1, 2011
9 Accounting Manager 2,215.23 2,292.76 2,373.00 2,456.08 2,542.02 Assistant Assessor Public Health Nurse Supervisor Assistant Director 2,215.23 2,292.76 2,373.00 2,456.08 2,603.72 of Inspection Services & Zoning
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
22. Items for future agenda – None
-18682- C.C. – 10/5/10 23. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to adjourn the meeting at 8:50 p.m. Motion carried unanimously.
______Joanne Waite, Administration Secretary
______Susan L. Witon, Deputy City Clerk
Distributed: October 26, 2010
-18683- C.C. – 10/5/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, OCTOBER 19, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Susan Witon Deputy City Clerk Roger Pyzyk City Attorney
2. There was no opening prayer.
3. Pledge of Allegiance
4. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the September 21, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. Approval of the October 5, 2010 Common Council minutes is to be placed on the NEXT AGENDA.
6. Mayor’s Report
a. On behalf of the Partners of Parks & Recreation, Frances Ziegler, President, presented a check to Mayor Neitzke and Scott Jaquish, Director of Parks & Recreation, in the amount of $10,000 payable to the City of Greenfield Community Center Fund. She stated the Partners of Parks & Recreation hope other organizations and businesses will donate to the project as well.
b. Mayor Neitzke indicated he met with Rick Sokol, Director of Neighborhood Services; Dan Ewert, Superintendent of Public Works; and members of the Milwaukee Metropolitan Sewerage District with regard to sewer shed enhancements in the West Anthony Drive area. He said there will be more information forthcoming.
7. Aldermanic Reports
Alderperson Saryan thanked the Partners of Park & Recreation for their donation to the Community Center.
8. Announcements – None
-18684- C.C.-10/19/10
9. Citizen Commentary
The following addressed the Council:
Tami Steger, 12145 West Howard Avenue, stated she favors the Wildcat Creek flood improvement project. She urged the Council to vote for it as it will help her property from being flooded.
10. Legislative Committee Meeting held September 20, 2010
Item #4 It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to adopt an ordinance repealing and recreating Section 10.07(4) of the Municipal Code relating to prohibition of smoking.
After a discussion, on a roll call vote, the motion carried unanimously.
11. Board of Public Works Meeting held September 28, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the following:
Item #9 Endorse Public Works planting additional trees as a buffer between the Law Enforcement Center and the properties to the east, working with the City Forester and the property owners to get the best possible coverage
Item #11 Creating a parking restriction on the south side of West Forest Home Avenue extending 90 feet west of the centerline of South 50th Place
Item #13 Endorse a three-year phased flood mitigation program for Wildcat Creek as outlined in the Final Report prepared by Ruekert-Mielke, endorse the notion of using Storm Water Utility funds to pay the local costs of a three-year phased implementation of the plan, and seek inter- agency agreements with the City of New Berlin and Milwaukee County to implement the plan, subject to budgetary approval by the Common Council
On a roll call vote, the motion carried unanimously.
12. Plan Commission Meeting held October 12, 2010
Item #10 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve Site, Building, Landscaping Review for a proposed improvement to the Community Center Building, 7215 West Cold Spring Road, subject to Plan Commission and staff comments, Tax Key #604-9998. Motion carried unanimously.
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Item #9 It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve Site, Building, Landscaping Review for a 4,000 sq. ft. dental office, with the ability to ad approximately 1,000 sq. ft. in the future, at 7940 West Layton Avenue, subject to Plan Commission and staff comments. Similar approval had been granted in June, 2008 but had expired. Tax Key #605-9961.
After a discussion, the motion carried unanimously.
13. Finance & Human Resources Committee Meeting held October 13, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve the following:
Item #3 Contract allowing for the continuation of the Stockbox program
Item #4 Memorandum of Understanding with the State of Wisconsin Division of Public Health for the provision of Tuberculosis Dispensary Services
Item #5 Intergovernmental Agreement to provide environmental health services between the cities of Greenfield and Franklin
Item #6 Accept an amendment to the 2009-2010 Transportation Management Plan (I-94 N-S Corridor Reconstruction)
Item #7 Contract with Milwaukee County IMSD for the installation of antennas and equipment on the AT&T Tower located at the Law Enforcement Center and the installation of equipment in the radio room of the Library
Item #10 Filling a part-time clerical position in the Finance Department due to a resignation
Item #12 Schedules of disbursements in the amounts of $6,775.38; $151,438.05; $858,064.50 and $31,541.25
Item #13 Mileage reimbursements in the amount of $1,374.15
Item #17 Holiday and sick account balance payments to Firefighter Reid Viertel, in addition to his vacation account balance, on a non-precedent setting basis due to his duty disability resignation
On a roll call vote, the motion carried unanimously.
14. Appointments to various committees and commissions:
No appointments were made. Therefore, the following committee appointments are to be placed on the NEXT AGENDA:
-18686- C.C.-10/19/10 a. Mayor appointments, confirmed by Council:
One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
b. Mayor appointments
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Donald Kopp)
15. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve the issuance of an operator license to each of the following:
Daugherty, Michelle C.-7320 W. Southridge Dr. Roeglin, Jenny H.-1820 Erin Ln.
Motion carried unanimously.
16. It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the issuance of an Entertainment License to the School District of Greenfield for the property located at 4850 South 60th Street (type of entertainment: magic show). (Dates of event: October 22, 2010; October 23, 2010 (2 performances); October 24, 2010; October 28, 2010; October 29, 2010; and October 30, 2010 (2 performances).
Darren Rausch, Health Officer/Director, addressed the Council.
After a discussion, the motion carried unanimously.
17. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
18. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to approve the proposed 2011 Operating Plan as recommended by the South 27th Street Business Improvement District Board #1 & #2. Motion carried unanimously.
19. Engineering Division Report:
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to adopt Ordinance No. 2713. ORDINANCE NO. 2713
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
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NO PARKING at any time shall be allowed on the South side of West Forest Home Avenue (S.T.H. 24) from the centerline of South 50th Place to a point 90 feet Southwest of the centerline of South 50th Place.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
After a discussion, on a roll call vote, the motion carried unanimously.
20. City Attorney’s Report:
a. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Ordinance No. 2714. ORDINANCE NO. 2714
AN ORDINANCE TO REPEAL AND RECREATE SECTION 10.07(4) OF THE MUNICIPAL CODE RELATING PROHIBITION AGAINST SMOKING
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 10.07 (4) of the Municipal Code is hereby repealed and recreated as follows:
10.07 (4) Prohibition against smoking. No person may smoke in any of the following:
(a) Any place prohibited by subsection 101.123(2) of the Wisconsin Statutes, which are expressly adopted and incorporated herein. (b) Any Enclosed Indoor Area in any place prohibited by subsection 101.123(2) of the Wisconsin Statutes. (c) All municipal premises, excluding parkland.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
-18688- C.C.-10/19/10
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #21
b. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to go into closed session pursuant to Wisconsin Statutes, Section 19.85(1)(b)&(f) at 7:25 p.m. for the following:
Considering licensure, social or personal history, or medical information for purposes of issuing an operator license to Emmanuel Duncan
On a roll call vote, the motion carried unanimously
c. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to adjourn closed session and reconvene into open session at 7:37 p.m. Motion carried unanimously.
d. It was moved by Alderperson Akers, seconded by Alderperson Saryan, to approve the issuance of an operator license to Emmanuel Duncan, 3153-A South 18th Street. Motion carried unanimously.
At this time, the Council proceeded with Item #22
21. Items for future agenda
Discussion was held with regard to the possibility of a Special Common Council meeting on Tuesday, November 30, 2010 for seven public hearings or scheduling some hearings for another Council meeting.
At this time, the Council proceeded with Item #20b
22. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adjourn the meeting at 7:39 p.m. Motion carried unanimously.
______Susan L. Witon, Deputy City Clerk
Distributed: October 27, 2010
-18689- C.C.-10/19/10
MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON WEDNESDAY, NOVEMBER 3, 2010
1. The meeting was called to order by Mayor Neitzke at 7:02 P.M.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Susan Witon Deputy City Clerk Roger Pyzyk City Attorney Rick Sokol Director of Neighborhood Services
2. An opening prayer was given by Chaplain Jim Leggett.
3. Pledge of Allegiance
4. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the October 5, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the October 19, 2010 Common Council minutes, as recorded. Motion carried unanimously.
6. Mayor’s Report
a. Mayor Neitzke recognized the efforts of the City Clerk’s staff and Deputy City Clerk Sue Witon for their hard work during this year’s election. There was almost a 60% voter turnout in the City. DPW also plays a huge role in making sure voting machines are set up according to state standards.
b. Mayor Neitzke and Alderperson Pietrowski recognized Mr. Del Kolasinski for his efforts in helping the Greenfield Police Department apprehend a robbery suspect relating to a robbery at Golf Galaxy on October 11, 2010.
7. Aldermanic Reports - None
8. Announcements
Mayor Neitzke said Trick or Treat in Greenfield was held October 31, 2010 from 1:00 p.m. to 4:00 p.m. This is the first year he received no complaints about the time. The time was changed to coordinate with adjacent communities, and residents were pleased that children coming to the door were from the neighborhood. Alderperson Akers was the only Alderperson who received one complaint. This time will be used again next year.
-18690- C.C.-11/03/10
9. Citizen Commentary
The following addressed the Council:
William Kirchoff, 5612 South 40 Street, stated he circulated a petition objecting to curbs for the road project in the area (Project 2005 #6) for aesthetic purposes. Bob Sellin, 5621 South 45 Street, said he is in favor of the curbs and gutters in the project area for the road reconstruction.
10. Board of Public Works Meeting held October 26, 2010
Item #4 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt the Final Resolution directing that the work and improvements be carried out in accordance with the Engineer’s Report, plans and specifications, and that payment for said improvements be made as therein provided, for the installation of storm sewer, storm sewer service laterals, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, and concrete or bituminous concrete (asphalt) pavement, in the area of South 40th Street, South 41st Street, South 42nd Street, South 44th Street, South 45th Street, West Denis Avenue, West Wanda Avenue, West Birchwood Avenue and West Iona Terrace, Project 2005 #6.
After a discussion, on a roll call vote, the motion carried with Alderpersons Kastner, Akers & Saryan voting yes; Alderpersons Lubotsky and Pietrowski voting no.
At this time, the Council proceeded with Item #17
11. Finance & Human Resources Committee Meeting held October 27, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the following:
Item #4 Renew agreement with Aurora Employee Assistance Program for the period January 1, 2011 through December 31, 2012 at a cost of $21 per employee per year
Item #7 Agreement with Guardian dental for 2011
Item #9 Schedules of disbursements in the amounts of $116,812.88; $18,120.54; $3,475.69 and $61,237.86
Item #10 Investments and reinvestments in the amounts of $15,093,443.36 and $10,027,584.37
Item #11 Accept September 2010 financial statement
On a roll call vote, the motion carried unanimously.
-18691- C.C.-11/03/10
12. City Clerk’s Report:
Claim received from Darrin J. Kosidowski for damage done to his home as the result of sewer lines being flushed by the Department of Public Works on May 26, 2010 was referred to the CITY ATTORNEY
13. Appointments to various committees and commissions
No appointments were made. Therefore, the following appointments are to be placed on the NEXT AGENDA:
(a) Mayor appointments confirmed by Council:
One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
(b) Mayor Appointments
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Donald Kopp)
14. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the issuance of an operator license to each of the following:
Dillon, Rita F.-4690 S. 111th St. Douthwaite, Joy S.-3553 S. 76th St. Johnson, Michelle F.-9444 W. Allerton Ave. Kabellis, Richard-1018 E. Knapp St. Maldonado, Jose M.-3409 S. Wollmer Rd. Reyna, Estella M.-2245A S. Lenox St. Woodward, Lauren E.-2109 Clarence Ave.
Motion carried unanimously.
15. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the issuance of a Temporary “Class B” Retailer’s License to USPEH Slovenian Chorus to sell fermented malt beverages and wine at a USPEH Slovenian Chorus Christmas Concert on Sunday, November 28, 2010 from 2:00 p.m. to 9:00 p.m. at 8500 West Cold Spring Road. Motion carried unanimously.
16. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council, is to be placed on the NEXT AGENDA.
At this time, the Council proceeded with Item #18
17. Engineering Division Report:
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Final Resolution No. 3361.
-18692- C.C.-11/03/10
RESOLUTION NO. 3361
FINAL RESOLUTION LEVYING SPECIAL ASSESSMENTS UNDER SECTION 66.0703 OF THE WISCONSIN STATUTES AGAINST BENEFITING PROPERTY FOR THE INSTALLATION OF STORM SEWER, STORM SEWER SERVICE LATERALS, SANITARY SEWER SERVICE LATERALS, WATER MAIN, WATER SERVICE LATERALS, CONCRETE DRIVEWAY APPROACHES, CONCRETE OR ASPHALT DRIVEWAY REPLACEMENT, CONCRETE SERVICE WALKS, CONCRETE CURB/GUTTER, AND CONCRETE OR BITUMINOUS CONCRETE (ASPHALT) PAVEMENT, IN THE AREA OF SOUTH 40TH STREET, SOUTH 41ST STREET, SOUTH 42ND STREET, SOUTH 44TH STREET, SOUTH 45TH STREET, WEST DENIS AVENUE, WEST WANDA AVENUE, WEST BIRCHWOOD AVENUE AND WEST IONA TERRACE, PROJECT 2005 #6
WHEREAS, The Common Council heretofore determined by Preliminary Resolution No. 3354 adopted September 21, 2010, pursuant to Section 66.0703, Wisconsin Statutes and the police powers of the City of Greenfield to levy and collect special assessments upon properties benefited by the installation of storm sewer, storm sewer service laterals, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, and concrete or bituminous concrete (asphalt) pavement, in the area of South 40th Street, South 41st Street, South 42nd Street, South 44th Street, South 45th Street, West Denis Avenue, West Wanda Avenue, West Birchwood Avenue and West Iona Terrace, Project 2005 #6; and
WHEREAS, the City Engineer’s office prepared the report of the special assessments to be levied, including a schedule of proposed assessments, and filed said report with the City Clerk; and
WHEREAS, notice of public hearing on said report was given by the City Clerk as provided by law, as shown by affidavits of mailing and publication and the records of file herein; and
WHEREAS, the Board of Public Works held a public hearing on Tuesday, the 26th day of October, 2010 in the Council Chambers, Room 100 at City Hall commencing at 6:35 p.m. and all persons desiring to be heard were heard; and
WHEREAS, the Board of Public Works has forwarded its recommendation to the Common Council; and
WHEREAS, the Common Council has previously considered and accepted the recommendation of the Board of Public Works and has been fully advised in these matters and is now ready to proceed with the work and to make the final levy of special assessments for the benefits conferred as set forth herein;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of Greenfield, Milwaukee County, Wisconsin, that:
1. After due consideration of the report of the City Engineer’s office and the recommendation of the Board of Public Works in the manner set forth in the preamble hereto, the Common Council hereby finds and determines that the properties set forth in said report and each of them are benefited by the installation of
-18693- C.C.-11/03/10
storm sewer, storm sewer service laterals, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, and concrete or bituminous concrete (asphalt) pavement, and the Common Council upon such consideration determines that the proposed assessments made were determined upon a reasonable basis.
2. Upon such findings and determinations, said report, including the proposed project plans and specifications, the statement of estimated project costs, the statement of benefits and the schedule of proposed assessments is hereby approved, and the Common Council directs that the City Engineer’s office carry out said work or improvements in accordance with said report and that payment of said special assessments be made as hereinafter provided.
3. The proposed assessments set forth in said report are hereby assessed and levied against said properties as special assessments for the benefits incurred upon them by the installation of storm sewer, storm sewer service laterals, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, and concrete or bituminous concrete (asphalt) pavement, in the area of South 40th Street, South 41st Street, South 42nd Street, South 44th Street, South 45th Street, West Denis Avenue, West Wanda Avenue, West Birchwood Avenue and West Iona Terrace, Project 2005 #6, and the owners of said properties are hereby ordered to pay such special assessments in the manner hereinafter provided.
4. The proceeds from such special assessments shall be used for paying the costs of the installation of storm sewer, storm sewer service laterals, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, and concrete or bituminous concrete (asphalt) pavement.
5. The assessments are made pursuant to the police powers of the City of Greenfield and Section 66.0703, Wisconsin Statutes.
6. Each special assessment levied by this resolution shall be a lien on the property against which it is levied on behalf of the City of Greenfield, in accordance with Section 66.0703(13) Wisconsin Statutes.
7. Each property owner has the option to pay his or her assessment in one sum without interest on or before September 1, 2012 or the entire amount plus interest computed at 4.75% from September 1, 2012 may be placed on your 2012 tax bill or in ten (10) annual installments, as provided for by Section 66.0715(3) Wisconsin Statutes, with interest thereon at 4.75% per year on the unpaid balance beginning September 1, 2012. All assessments will be collected in installments except such assessments which are paid in full to the City of Greenfield on or before September 1, 2012. The first installment shall be entered in the 2012 tax roll as a special assessment on the property upon which the special assessment was levied and thereafter shall be treated in all respects as any other municipal tax, except as otherwise provided in Section 66.0715(3), Wisconsin Statutes. One of the subsequent installments shall be entered in a like manner and with like effect in each of the annual tax rolls thereafter until all are levied. Each property owner who is paying by installments may prepay his or her assessments together with accrued interest at any time without penalty. In the event a property owner fails to pay any installment in full at the time it is due, said owner will be deemed delinquent and his or her or its entire unpaid assessment, together with accrued interest through December 31 of the year said delinquency occurs, shall be extended upon the next succeeding tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute.
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8. All payments hereunder are to be made to the City of Greenfield.
9. The City Clerk is hereby authorized and directed to publish a copy of this resolution as a Class 1 notice in the Greenfield NOW and shall mail a copy of this resolution and a statement of final assessment against his or her property to every interested person whose tax key number appears on the assessment schedule and whose post office address is known or can, with reasonable diligence, be ascertained.
10. The City Clerk is hereby authorized and directed to publish the “Installment Assessment Notice” attached hereto and made a part hereof, as a Class 1 notice and mail a copy thereof to every interested person.
11. This resolution shall become effective upon passage and publication and notice in compliance with Sections 9 and 10 above.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
CITY OF GREENFIELD
INSTALLMENT ASSESSMENT NOTICE FOR THE INSTALLATION OF STORM SEWER, STORM SEWER SERVICE LATERALS, SANITARY SEWER SERVICE LATERALS, WATER MAIN, WATER SERVICE LATERALS, CONCRETE DRIVEWAY APPROACHES, CONCRETE OR ASPHALT DRIVEWAY REPLACEMENT, CONCRETE SERVICE WALKS, CONCRETE CURB/GUTTER, AND CONCRETE OR BITUMINOUS CONCRETE (ASPHALT) PAVEMENT, IN THE AREA OF SOUTH 40TH STREET, SOUTH 41ST STREET, SOUTH 42ND STREET, SOUTH 44TH STREET, SOUTH 45TH STREET, WEST DENIS AVENUE, WEST WANDA AVENUE, WEST BIRCHWOOD AVENUE, AND WEST IONA TERRACE
PROJECT 2005 #6
NOTICE IS HEREBY GIVEN that a contract was let for the installation of storm sewer, storm sewer service laterals, sanitary sewer service laterals, water main, water service laterals, concrete driveway approaches, concrete or asphalt driveway replacement, concrete service walks, concrete curb/gutter, and concrete or bituminous concrete (asphalt) pavement, in the area of South 40th Street, South 41st Street, South 42nd Street, South 44th Street, South 45th Street, West Denis Avenue, West Wanda Avenue, West Birchwood Avenue and West Iona Terrace; and that amount of the special assessment therefore has been determined as to each parcel of real estate affected thereby and a statement of the same is on file with the City Clerk. Said assessments may be paid in one sum without interest on or before September 1, 2012 or the entire amount plus interest computed at 4.75% from September 1, 2012 may be placed on your 2012 tax bill or in ten (10) equal annual installments, as provided for by Section 66.0715(3), Wisconsin Statutes, with interest thereon at 4.75% per year on the unpaid balance beginning September 1, 2012. All assessments will be collected in installments as provided in said Paragraph 7 of the Final Resolution to which this notice is attached, except such assessments which are paid in full to the City of Greenfield on or before September 1, 2012.
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Dated at Greenfield, Wisconsin this ______day of ______, 20__.
______Susan L. Witon, Deputy City Clerk
On a roll call vote, the motion carried with Alderpersons Kastner, Akers & Saryan voting yes; Alderpersons Lubotsky and Pietrowski voting no.
At this time, the Council proceeded with Item #11
18. City Attorney’s Report:
a. It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to approve the claim received from Gail & Tom Gustafson in the amount of $984.30.
After a discussion, Alderperson Lubotsky withdrew her motion.
It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to approve the claim received from Gail & Tom Gustafson in the amount of $984.30.
On a roll call vote, the motion carried unanimously.
b. It was moved by Alderperson Lubotsky seconded by Alderperson Pietrowski, to approve the claim received from Michael & Marie Hansen in the amount of $687.32. On a roll call vote, the motion carried unanimously.
c. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adopt Resolution No. 3362.
RESOLUTION NO. 3362
IT IS HEREBY RESOLVED by the Mayor and Common Council of the City of Greenfield that the claim made by We Energies, for damages sustained to a gas main at 8845 West Dosie Avenue, as a result of excavating activity by the Department of Public Works on January 18, 2010, is hereby disallowed. The City Clerk is hereby directed to forward a copy of this disallowance to claimant and claimant is hereby advised that legal action to collect on this claim be commenced within six (6) months of the date of disallowance or be barred.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
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d. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to go into closed session pursuant to Wisconsin Statutes, Section 19.85(1)(g) at 7:38 p.m. for the following:
Conferring with legal counsel who is rendering oral advice with respect to litigation which is or is likely to become involved re: the Law Enforcement Center construction
On a roll call vote, the motion carried unanimously.
e. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to adjourn the closed session and reconvene into open session at 7:57 p.m. Motion carried unanimously.
f. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to authorize the City Attorney to proceed as directed in closed session. Motion carried unanimously.
19. Items for future agenda
Mayor Neitzke asked that the part of Chapter 30 relating to having City standards exceed those of the state, with the changes recommended by Terry Foster, be forwarded to Council from the Legislative Committee and placed on the NEXT AGENDA.
20. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to adjourn the meeting at 8:00 p.m. Motion carried unanimously.
______Joanne Waite, Administration Secretary
SLW:jw
Distributed: November 10, 2010
-18697- C.C.-11/03/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, NOVEMBER 16, 2010
1. The meeting was called to order by Mayor Neitzke at 6:35 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Sandy Knapper Secretary, City Clerk’s Office Roger Pyzyk City Attorney Rick Sokol Director of Neighborhood Services Chuck Erickson Community Development Manager Milt Vandermeuse Finance Director
2. An opening prayer was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the November 3, 2010 Common Council minutes, as recorded. Motion carried unanimously.
At this time, the Council proceeded with Item #6
5. Mayor’s Report
a. Mayor Neitzke thanked Mount Carmel for inviting him to their Veteran’s Day ceremony.
b. Mayor Neitzke thanked Clement Manor for inviting him to their spaghetti luncheon today and for the quarterly meetings they have with the City to inform the City of what is going on in their facility and the status of their construction projects.
It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to recess the meeting at 7:14 p.m. Motion carried unanimously.
The Council reconvened at 7:30 p.m.
At this time, the Council proceeded with Item #12
6. Aldermanic Reports
Alderperson Saryan wished Mayor Neitzke a Happy Birthday.
-18698- C.C. – 11/16/10 7. Announcements – None
8. Citizen Commentary – None
At this time, the Council proceeded with Item #14
9. Public hearing for approval of a Special Use, requested by Walmart, to allow alcohol beverage sales in a proposed Supercenter at 10600 West Layton Avenue, Tax Key #608-9995-008
Notice of public hearing was published in the City’s official newspaper on October 28, 2010 and November 4, 2010.
Chuck Erickson, Community Development Manager, presented diagrams of the property in question. He stated that in the proposed 148,000 sq. ft. building there are two aisles that are roughly 650-700 sq. ft. in approximate area compared with the overall square footage. One of the critical features that the Plan Commission looked at was the ability to control, contain floor space area given the state law regarding “Class A” sales not beginning before 8:00 a.m. and not after 9:00 p.m. Walmart has a design feature that effectively cuts off those particular aisles because the store will remain open after alcohol sales end. The sales operation plan and the alcohol policy of Walmart refers to what the corporation implements for not only the store managers, but employees as well with regard to training and electronic checkout bar code controls. The Plan Commission gave a favorable recommendation with regard to the proposal.
The following addressed the Council in favor of the Special Use:
Debby Tomczyk, 1000 North Water Street, of Reinhart Boerner representing Walmart
It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve a Special Use to allow alcohol beverage sales in a proposed Walmart Supercenter at 10600 West Layton Avenue, as requested under the terms and conditions as recited herein, Tax Key #608-9995-008. On a roll call vote, the motion carried unanimously.
10. Public hearing that the City of Greenfield Community Development Division, in accordance with National Flood Insurance Program regulation 65.7(b)(1) and City Municipal Code Section 23.08, gives notice of the City’s intent to revise the Root River floodway, to incorporate changes in the floodway resulting from the 2000 West Layton Avenue bridge replacement. Specifically, the floodway is being revised from approximately 1,000 feet north of West Layton Avenue to approximately 500 feet south of West Layton Avenue. The floodway shall both widen and narrow along the Root River reach, with a maximum widening of 200 feet on the west side of the channel approximately 300 feet south of West Layton Avenue, and a maximum narrowing of 230 feet on the west side of the channel north of an abandoned railroad right of way.
Notice of public hearing was published in the City’s official newspaper on October 28, 2010.
-18699- C.C. – 11/16/10 Alderperson Kastner stated a public meeting was held last evening during which a lot of issues were addressed.
Chuck Erickson, Community Development Manager, said due to the technical aspects, he asked Ms.Tomczyk or Ms. Hardin to provide some background as he wants the explanation to be precise for the Council’s consideration as it pertains to the construction of the West Layton Avenue bridge over the Root River and the impact that had in the year 2000 that is trying to be corrected now.
Debby Tomczyk, 1000 North Water Street, of Reinhart Boerner, representing Walmart, said a public meeting was held last evening. She said that in addition to those invited to this evening’s meeting, also invited were some people further to the west who may be affected as well by the floodway. She said 19 people attended the meeting. Those in attendance had the opportunity to talk with consultants about the floodplain aspects. Ms. Tomczyk said what is happening now is updating the maps to reflect existing condition. The changes discussed are changes that occurred in the field back in 2000 when the West Layton Avenue bridge was reconstructed. She said she believes it was a Department of Transportation project. At the time, the Department of Transportation should have updated the maps for an impact that they had. She said previously there was a West Layton Avenue bridge that was approximately 110 ft. wide that allowed the floodwaters to overtop on top of that bridge, icing, dangerous condition. In 2000, when the West Layton Avenue bridge was reconstructed, the channel of the bridge was reduced to 40 ft. which resulted in the floodwater being redirected underneath a narrower channel of 40 ft. wide. In doing that, the floodway was impacted. She said they had to go to a number of residents that had floodplain easements because their flood elevations changed slightly. There were five residents who were impacted by that who have actually all signed flood easements. A neighborhood meeting was held in April, 2010 to describe the impacts. There were a couple of on-site surveys and evidence for those people so they have already signed on to the changes. The other steps in the process include the Council to rezone the floodways to accurately reflect the maps recommended by the Plan Commission. Ms. Tomczyk stated that in addition, the Department of Natural Resources has been asked to opine about this and they have indicated that once the process is complete, they will be favorably supporting the change. The last step is to update the flood Federal Emergency Management Association (FEMA) maps so all the maps on file with FEMA and the City are accurate and reflect existing condition. That needs to be done because currently, erroneously, it doesn’t reflect existing condition. Small slivers of their proposed building would be in the floodway; this eliminates those areas from being in the floodway. She said they have gone through this with a number of neighbors and regulatory agencies. In addition to the five neighbors that signed flood easements, the Department of Transportation almost immediately signed their flood easement. She added they have also been in contact with Milwaukee Metropolitan Sewerage District, Milwaukee County, and We Energies and believes they have an agreement with all but one of those agencies. One is still working through the process for them to sign flooding easements as well.
Alderperson Pietrowski asked how much land is acquired to make useable for Walmart as far as the delineation.
Ms. Tomczyk stated the actual impacts on the floodway are very minimal, but in addition to where the building is, they have to also do some filling behind the new proposed building to create a flat surface and put in some retaining walls to make sure there is a flat surface for the building structure. She added that anywhere they are filling, they are also doing compensatory storage so that the net impact on the floodplain would be zero. She stated their project is not having the flooding impacts. They are just reflecting existing condition and anywhere that they would be having an impact they have provided for compensatory storage.
-18700- C.C. – 11/16/10
It was moved by Alderperson Saryan, seconded by Alderperson Akers, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to revise the Root River floodway, to incorporate changes in the floodway resulting from the 2000 West Layton Avenue bridge replacement, specifically, revised from approximately 1,000 feet north of West Layton Avenue to approximately 500 feet south of West Layton Avenue, resulting in the floodway both widening and narrowing along the Root River reach, with a maximum widening of 200 feet on the west side of the channel approximately 300 feet south of West Layton Avenue, and a maximum narrowing of 230 feet on the west side of the channel north of an abandoned railroad right-of-way. On a roll call vote, the motion carried unanimously.
11. Public hearing that the City of Greenfield Community Development Division, in accordance with City Municipal Code Section 21.08.0207, hereby gives notice of the City’s intent to remove 0.015 acres or 666 square feet of land (the “Property”) at 10600 West Layton Avenue from the shoreland and wetland delineation.
Notice of public hearing was published in the City’s official newspaper on October 28, 2010.
Chuck Erickson, Community Development Manager, presented a diagram of the site in question. Mr. Erickson said an effort was made to try to avoid as much of the wetland area as possible, but the one piece of land is still a remnant that couldn’t be avoided which results in the need to go through the public process of identifying it and formally informing the Department of Natural Resources that the City is aware of this happening. The Plan Commission gave a favorable recommendation on this issue.
Counsel for Walmart indicated they do have the Department of Natural Resources permit in place.
It was moved by Alderperson Saryan, seconded by Alderperson Akers, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Saryan, seconded by Alderperson Akers, to remove 0.015 acres or 666 square feet of land (the “Property”) at 10600 West Layton Avenue from the shoreland and wetland delineation, as indicated in the notice and the agenda consistent with the Department of Natural Resources permit that has already been issued by the applicant.
After a discussion, on a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #23
12. Public hearing on the proposed 2011 budget
Notice of public hearing was published in the City’s official newspaper on October 28, 2010.
-18701- C.C. – 11/16/10
Mayor Neitzke said the budget has been discussed at numerous Committee of the Whole meetings and Finance & Human Resources Committee meetings. Mayor Neitzke stated that prior to submitting his budget, a series of meetings were held because most decisions with regard to budgets relate to people. People are 85% of the budget for the most part. He said he tried to present the budget in a way that there was at least a plurality because the alderpersons have different focuses on issues within the City. He said to date, this has been the most challenging budget. He added that next year’s budget promises to be more challenging. The City’s Shared Revenues is approximately $1.7 million. The total budget is approximately $20 million. The proposed budget cuts $975,000. Mayor Neitzke said he asked the alderpersons to consult with the Director of Human Resources, Department Heads, and the Finance Department so the impacts are known of each proposal. The proposed budget has a .6% levy increase associated with it. The goal was to keep a tax increase as close to zero as possible. Mayor Neitzke reminded everyone that only 29% of the property taxes collected, based on last year’s tax bill, actually stays within the City of Greenfield. That is roughly $20 million. The County’s portion of the tax bill is roughly 18%. The School District’s portion of the bill is roughly 34-36%. Milwaukee Metropolitan Sewerage District is about 7%. Milwaukee Area Technical College is approximately 5%. Mayor Neitzke said the City’s job is to provide the services that it does with 29 cents out of every property tax dollar. He stated there are approximately 200 City employees with 80 in the Police Department, approximately 57 in the Fire Department, 25 in the Department of Public Works, with the remaining employees doing everything else. He said the City is fiscally prudent.
The following addressed the Council for information only:
Dennis Fermenich, 1547 South 95th Street, and the City Forester for Greenfield (regarding proposed reduction of tree planting budget and essential role of DPW with regard to trees) Sue Stankus, 4414 South 86th Street, and Park & Recreation Board member (regarding proposed reduction of one Recreation Supervisor to part-time) Dan Castle, 5952 South Elaine Avenue, and DPW Working Foreman (Department of Public Works feels they have done their fair share with regard to decreasing the budget and are doing the best they can with seven less employees. Asks Council to consider filling positions in DPW if there is extra money.)
The following addressed the Council against the proposed budget:
John Wooden, 4185 South 72nd Street (regarding proposed reduction of Renee Vanselow, Recreation Supervisor, to part-time) Leon Adraktas, 9310 West Waterford Avenue (favors more police presence) Richard Shircel, 3033 West Cold Spring Road (favors saving fire fighter positions) Janet Haefemeyer, 3711 West Grange Avenue (would like more attention paid to how valuable Parks & Recreation programs are; cutting hours of Renee Vanselow, Recreation Supervisor, is insurmountable) Scott Jaquish, Director of Parks & Recreation (keeping full-time Recreation Supervisor position to keep offering quality programs) Jodee Plazek, 5859 South 42nd Street (maximum use of swim programs in new pool)
It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to close the public hearing. Motion carried unanimously.
-18702- C.C. – 11/16/10 13. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the proposed 2011 budget with a levy amount of $21,007,817 exclusive of the TIF levy and all taxable property within the City of Greenfield as returned by the Assessor in the year 2010 for the purposes as set forth in the budget. On a roll call vote, the motion lost with Alderpersons Lubotsky, Pietrowski, Akers & Saryan voting no; Alderperson Kastner voting yes.
It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to to approve Proposal #3, retaining a full-time Supervisor as opposed to a part-time Park Supervisor; use Hotel/Motel (Tourism Portion) to fund fireworks display with the $12,000 that originally had gone toward the fireworks from the General Levy to go toward the position which is a net change in revenue. Retaining the full-time as opposed to a part-time Supervisor would be a baseline of $44,341 and removing part-time seasonal help for City Hall would be a reduction of $3,344; allocation of Supervisor time to cable access for weekly programming to rebroadcast meetings is $4,725; Park & Recreation Non-Represented staff voluntarily forgo the 2011 scheduled 3% salary increase results in a savings of $13,335 which will require revision to Non-Represented compensation resolution. The Net Change in Expenditures would be $22,937 with a Net Levy Impact increase of $10,937 offset by the levy change in the Capital Equipment.
After a discussion, on a roll call vote, the motion lost with Alderpersons Pietrowski, Kastner & Akers voting no; Alderpersons Lubotsky & Saryan voting yes.
It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to reconsider Alderperson Kastner’s previous motion to approve the proposed 2011 budget with a levy amount of $21,007,817 exclusive of the TIF levy and all taxable property within the City of Greenfield as returned by the Assessor in the year 2010 for the purposes as set forth in the budget. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt the presented 2011 annual budget in the amount of $21,007,817 exclusive of the TIF levy and all taxable property within the City of Greenfield as returned by the Assessor in the year 2010.
Under discussion, it was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to amend the motion to include Proposals #1A which includes three fire fighters and #6A which is a police officer with the reduction to the janitorial at Gibb.
Alderperson Pietrowski asked to divide the question between Proposal #1A and Proposal #6A.
On a roll call vote on the amendment with regard to Proposal #1A which is to reinsert three fire fighters for a net levy reduction in the amount of $36,772, the motion carried with Alderpersons Lubotsky, Akers & Saryan voting yes; Alderpersons Pietrowski & Kastner voting no.
-18703- C.C. – 11/16/10
On a roll call vote on the amendment with regard to Proposal #6A which is to reduce Gibb janitorial services [of two hours per day or 14 hours per week of contracted custodial services] at the Law Enforcement Center in the amount of $12,017, the motion carried unanimously.
It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to amend the motion to adopt Proposal #4 which restores one full-time police officer position resulting in no levy impact.
After a discussion, on a roll call vote, the motion lost with Alderpersons Pietrowski, Kastner & Akers voting no; Alderpersons Lubotsky & Saryan voting yes.
It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to amend the motion to adopt Proposal #5A which restores funding for trees at the same level as 2010 in the amount of $9,075 which would increase the levy within Capital Improvements. On a roll call vote, the motion lost with Alderpersons Pietrowski, Kastner & Akers voting no; Alderpersons Lubotsky & Saryan voting yes.
It was moved by Alderperson Lubotsky to amend the motion to take the $12,017 from the Law Enforcement Center and use it to offset the cost of Proposal #4 to reduce the cost of retiree health care.
After a discussion, the motion to amend the motion lost for lack of a second.
It was moved by Alderperson Pietrowski to amend the motion to take out the two items that were reinstalled in the Capital Improvement Program, one being EN1013, area of South 119th Street & West Tesch Avenue, South 99th Street north of West Cold Spring Road and EN0918, area of South 83rd Street & West Leroy Avenue, which has no affect on the levy.
After a discussion, the motion to amend the motion lost for lack of a second.
It was moved by Alderperson Saryan, seconded by Alderperson Akers, to amend the motion to approve Proposal #2 which retains the full-time Electrical Inspector and not utilize temporary inspectors which has no levy impact due to reducing Building Permit revenue by $344.
After a discussion, on a roll call vote, the motion carried unanimously.
-18704- C.C. – 11/16/10 After a discussion, it was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to amend the motion to approve Proposal #3 as previously presented retaining a full-time Supervisor as opposed to a part-time Park Supervisor; use Hotel/Motel (Tourism Portion) to fund the fireworks display with the $12,000 that originally had gone toward the fireworks from the General Levy to go toward the position which is a net change in revenue. Retaining the full-time, as opposed to a part-time, Supervisor would be a baseline of $44,341 and removing part-time seasonal help for City Hall would be a reduction of $3,344; allocation of Supervisor time to cable access for weekly programming to rebroadcast meetings is $4,725; with the change of the $13,335 which was originally presented as Non-Represented staff [in the Park & Recreation Department] voluntarily forgoing raises to the $13,335 being $12,017 in levy and $1,318 in Contingency which is changing the levy from Contingency to this source. On a roll call vote, the motion lost with Alderpersons Pietrowski, Kastner & Akers voting no; Alderpersons Lubotsky & Saryan voting yes.
After a discussion, it was moved by Alderperson Kastner to amend the motion to eliminate the $117,000 for furlough days and utilize the $48,789 (from the $36,772 and the $12,017) plus an additional $37,433 from Reserves.
Meeting recessed at 9:44 p.m. Meeting reconvened at 9:53 p.m.
After the recess, Alderperson Kastner restated his motion as follows:
It was moved by Alderperson Kastner to amend the motion to eliminate five furlough days at a cost of $113,966 utilizing $36,772 (previous levy reduction) and $12,017 (never used) and $65,177 from Contingency which would be completely levy neutral.
Motion to amend the motion lost for lack of a second.
It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to reconsider the motion to approve Proposal #3, retaining a full-time Supervisor as opposed to a part-time Park Supervisor; use Hotel/Motel (Tourism Portion) to fund fireworks display with the $12,000 that originally had gone toward the fireworks from the General Levy to go toward the position which is a net change in revenue. Retaining the full-time, as opposed to a part-time, Supervisor would be a baseline of $44,341 and removing part-time seasonal help for City Hall would be a reduction of $3,344; allocation of Supervisor time to cable access for weekly programming to rebroadcast meetings is $4,725; Park & Recreation Non-Represented staff voluntarily forgoing the 2011 scheduled 3% salary increase results in a savings of $13,335 which will require revision to Non-Represented compensation resolution. The Net Change in Expenditures would be $22,937 with a Net Levy Impact increase of $10,937 offset by the levy change in the Capital Equipment. Motion carried with Alderperson Pietrowski voting no.
-18705- C.C. – 11/16/10 It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to amend the motion to approve Proposal #3, retaining a full-time Supervisor as opposed to a part-time Park Supervisor; use Hotel/Motel (Tourism Portion) to fund fireworks display with the $12,000 that originally had gone toward the fireworks from the General Levy to go toward the position which is a net change in revenue. Retaining the full-time, as opposed to a part-time, Supervisor would be a baseline of $44,341 and removing part-time seasonal help for City Hall would be a reduction of $3,344; allocation of Supervisor time to cable access for weekly programming to rebroadcast meetings is $4,725; Park & Recreation Non-Represented staff voluntarily forgoing the 2011 scheduled 3% salary increase results in a savings of $13,335 which will require revision to Non-Represented compensation resolution. The Net Change in Expenditures would be $22,937 with a Net Levy Impact increase of $10,937 offset by the levy change in the Capital Equipment. On a roll call vote, the motion carried with Alderpersons Lubotsky, Akers & Saryan voting yes; Alderpersons Pietrowski & Kastner voting no.
Alderperson Pietrowski said he wanted to make it clear that debt is impacted toward the levy, but not toward the levy limits.
Mayor Neitzke stated even if there were no levy increases, taxes are going up roughly 1.5% next year because the property values in the City have declined so the tax base has declined. The mill rate would go up per thousand because there is less thousands to keep a stable levy. He said that even with a .6% levy increase, that equates to roughly a 2.1% increase on the City’s portion.
It was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to amend the motion to approve Proposal #4 retaining one police officer for six months in 2011 using the $12,017, saved by reducing janitorial services at the Law Enforcement Center, to offset half of $84,278 [$42,139] which results in a Net Levy (Decrease) of $2,189.
After a discussion, on a roll call vote, the motion lost with Alderpersons Pietrowski, Kastner & Akers voting no; Alderpersons Lubotsky & Saryan voting yes.
Alderperson Akers called for the question.
On a roll call vote, on the original motion as amended with Proposal Nos. 1A, 6A, 2 & 3 which results in a levy of $20,959,028, the motion carried with Alderpersons Kastner, Akers & Saryan voting yes; Alderpersons Lubotsky & Pietrowski voting no. (Adopt Resolution No. 3364)
RESOLUTION NO. 3364
WHEREAS, the City of Greenfield has prepared an Annual Budget for the 2011fiscal year in accordance with the requirements of the City of Greenfield Municipal Code; and
WHEREAS, the Common Council has reviewed the proposed revenues from all sources and the proposed expenditures for all purposes and has directed that the proposed budget be adjusted accordingly; and
-18706- C.C. – 11/16/10
WHEREAS, a public hearing on the Annual Budget was held November 16, 2010 after due and proper notice of said hearing having been given in accordance with the provisions of Section 65.90, Wisconsin Statutes; and
WHEREAS, it is necessary to levy a property tax in the amount of $20,959,028 (exclusive of the TIF levy) to fund the expenses of the City of Greenfield contained in the 2011 Annual Budget.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Greenfield, Wisconsin, as follows:
1. That the 2011 Annual Budget, a summary of which is attached hereto and made a part hereof, be and is hereby approved;
2. That the property tax is hereby levied in the amount of $20,959,028 (exclusive of the TIF levy) on all taxable property within the City of Greenfield as returned by the Assessor in the year 2010, for the purposes as set forth in the budget.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to reconsider the motion adopting the 2011 budget with a levy of $20,959,028. Motion carried with Alderpersons Lubotsky & Pietrowski voting no.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to readopt Resolution No. 3364.
RESOLUTION NO. 3364
WHEREAS, the City of Greenfield has prepared an Annual Budget for the 2011fiscal year in accordance with the requirements of the City of Greenfield Municipal Code; and
WHEREAS, the Common Council has reviewed the proposed revenues from all sources and the proposed expenditures for all purposes and has directed that the proposed budget be adjusted accordingly; and
WHEREAS, a public hearing on the Annual Budget was held November 16, 2010 after due and proper notice of said hearing having been given in accordance with the provisions of Section 65.90, Wisconsin Statutes; and
WHEREAS, it is necessary to levy a property tax in the amount of $20,959,028 (exclusive of the TIF levy) to fund the expenses of the City of Greenfield contained in the 2011 Annual Budget.
-18707- C.C. – 11/16/10 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Greenfield, Wisconsin, as follows:
1. That the 2011 Annual Budget, a summary of which is attached hereto and made a part hereof, be and is hereby approved;
2. That the property tax is hereby levied in the amount of $20,959,028 (exclusive of the TIF levy) on all taxable property within the City of Greenfield as returned by the Assessor in the year 2010, for the purposes as set forth in the budget.
READOPTED , 2010 REAPPROVED , 2010
______Susan Witon, Deputy City Clerk Michael J. Neitzke, Mayor
CITY OF GREENFIELD Adopted Budget for 2011 Statement of Revenues and Expenditures and Tax Levy
Year Year Actual Est. Year Proposed Ending Ending YTD Ending 2010 2011 Percent REVENUES 12/31/08 12/31/09 7/31/10 12/31/10 Budget Budget Change
GENERAL PROPERTY TAXES 14,395,214 15,201,231 16,278,016 16,282,146 16,282,146 15,521,390 -4.67%
INTERGOVERNMENTAL REVENUES 2,953,044 2,951,134 1,572,409 2,884,209 2,850,979 3,327,819
LICENSES & PERMITS 1,244,813 1,061,887 668,672 1,031,670 996,720 1,126,306
FINES, FORFEITURES & PENALTIES 718,806 756,542 420,478 670,200 670,200 670,200
PUBLIC CHARGES FOR SERVICES 889,389 806,974 159,274 678,125 676,550 745,825
INTERGOVERNMENTAL CHARGES 542,072 569,606 316,482 605,506 605,506 620,918
MISCELLANEOUS REVENUES 734,692 521,111 207,882 303,300 210,200 248,500
OTHER FINANCING SOURCES - - 12,000 12,000 607,000 812,000
TOTAL REVENUES 21,478,030 21,868,485 19,635,213 22,467,156 22,899,301 23,072,958 0.76%
-18708- C.C. – 11/16/10 EXPENDITURES
GENERAL GOVERNMENT 2,920,216 2,978,314 1,446,382 2,793,867 3,085,280 3,206,279
PUBLIC SAFETY 14,084,053 14,476,239 7,833,658 14,865,617 14,926,217 15,182,535
DEPT OF NEIGHBORHOOD SERVICES (Public Works) 3,777,162 3,420,196 1,926,019 3,405,599 3,374,789 3,079,131
HEALTH & HUMAN SERVICES 603,971 615,713 342,889 643,104 643,523 571,441
RECREATION & EDUCATION 649,627 654,852 364,859 722,249 722,349 703,004
DEPT OF NEIGHBORHOOD SERVICES (Planning & Economic Development) 145,802 161,811 76,526 148,643 133,943 130,568
OTHER FINANCING USES 10,000 113,000 13,200 13,200 13,200 200,000
TOTAL EXPENDITURES 22,190,831 22,420,125 12,003,533 22,592,279 22,899,301 23,072,958 0.76%
Estimated Other Estimated Fund 2011 2011 Financing Fund Property All Governmental Funds Balance Total Total Sources Balance Tax Combined 1/1/11 Revenue Expenditures (Uses) 12/31/11 Contribution
General Fund 6,612,869 23,072,958 23,072,958 (812,000) 5,800,869 15,521,390
Special Revenue Funds 3,956,827 4,288,087 4,369,834 (12,000) 3,863,080 1,962,200
Enterprise Funds 22,587,185 4,715,468 4,740,468 - 22,562,185 -
Capital Project Funds 5,859,233 1,841,331 5,556,685 4,500,000 6,643,879 965,568
Debt Service Funds 42,784 2,604,107 2,604,107 - 42,784 2,509,870
TOTAL 39,058,898 36,521,951 40,344,052 3,676,000 38,912,797 20,959,028
On a roll call vote, the motion carried with Alderpersons Kastner, Akers & Saryan voting yes; Alderpersons Lubotsky & Pietrowski voting no.
The Council proceeded with Item #26
14. Legislative Committee Meeting held October 18, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the following:
-18709- C.C. – 11/16/10 Item #3 Adopt ordinance amending Section 8.12(2) of the Municipal Code, street parking rules, allowing designated handicap parking spaces exempt from alternate side parking rules, but not in instances of a declared snow emergency
Item #4 Forward to the Council an ordinance amending Chapter 30 of the Municipal Code (Post- Construction Stormwater Management) regarding management of storm water on private property
Motion carried unanimously.
Item #6 Adopt ordinance prohibiting the sale of synthetic chemical cannabinoid, also known by various names such as Spice and K2 is to be placed on the NEXT AGENDA.
15. Board of Public Works Meeting held October 26, 2010 (action taken on Item #4 at 11/3/10 Council meeting)
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the following:
Item #8 Ditch enclosure from Benjamin Crosby, 6250 South 39th Street, Tax Key #692-1151
Item #10 Remove stop signs in northbound and southbound South Schauer Avenue at both West Midland Drive and West Vollmer Avenue and install a stop sign in eastbound West Midland Drive at South Schauer Avenue
Item #11 Amend Section 8.07 of the Municipal Code to create parking restrictions within public alley right-of-way
On a roll call vote, the motion carried unanimously.
16. Plan Commission Meeting held November 9, 2010
It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the following:
Item #5 Special Use Review for Hussein Ali as the new owner/operator of Jens Beverage Center, 4312 West Howard Avenue, subject to Plan Commission and staff comments, Tax Key #555-8979
Item #7 Final Plat as it pertains to creating two parcels in Outlot 3 of Ramsey Meadows West subdivision near South 39th Street and West Kimberly Avenue, which is now considered “buildable” based upon a determination by both a wetland consulting firm, Army Corp of Engineers, and Wisconsin Department of Natural Resources, subject to Plan Commission and staff comments, Tax Key #692-1257
Item #10 Site, Building, Landscaping Review for a proposed demolition of the existing 15,000 sq. ft. Aldi Food Store and then construction of a new 18,000 sq. ft. store at 4225 South 108th Street, subject to Plan Commission and staff comments, and with the fencing to be repaired as required, and with the change in height of the light fixtures as proposed from 20’ to not higher than the existing light fixtures which are up to 30’, Tax Key #566-9962-002
-18710- C.C. – 11/16/10 Item #12 Site/Building/Landscaping Review for the purpose of constructing a three-story addition to the High Point office building at 4131 West Loomis Road; total square footage of the addition is 17,170 sq. ft., subject to Plan Commission and staff comments, and to include the improvements to provide for the additional parking lot on the Maynard parcel(s) to the north, Tax Key Nos. 600-1001, 600-9962-001, and 600-9960-003
On a roll call vote, the motion carried unanimously.
17. Finance & Human Resources Committee Meeting held November 10, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
Item #3 Proposal to install a traffic signal at the south entrance to Greenfield High School on South 60th Street, Project 2010 #16, with the understanding that the School District will pay for construction and ongoing operation
Item #3a Purchase a snow plow tandem truck (replacement Truck #30), in the amount of $154,875.00, with the option to purchase the plow and salter
Item #6 Schedules of disbursements in the amounts of $405.91; $313,813.24; $960.62; $21,658.50; $26,491.36; $240,334.10; $250,684.81; $748.70; ($1,621.17)
Item #7 Mileage reimbursements in the amount of $538.75
On a roll call vote, the motion carried unanimously.
18. City Clerk’s Report:
Letter of resignation was accepted from David Edquist from the Community Development Authority and a Certificate of Appreciation is to be sent.
19. Appointments to various committees and commissions:
Mayor appointments, confirmed by Council:
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to confirm the Mayor’s appointment of Patricia Nelson, 4850 South 43rd Street, as a regular member to the Community Development Authority for a term to expire February 19, 2011. Motion carried unanimously.
The following appointments are to be placed on the NEXT AGENDA:
a. Mayor appointments, confirmed by Council:
One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
-18711- C.C. – 11/16/10 b. Mayor appointments
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Donald Kopp)
20. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the issuance of an operator license to each of the following:
Flynn, Jason P.-11331 W. Parnell Ave. Nuzzo, Shari M.-1823 Milwaukee Ave. O’Connor, Shane M.-4340-S. Placid Dr. Schwartz, Jeffrey D.-W3109 McDonald Rd.
Motion carried unanimously.
21. It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve the issuance of a Combination “Class A” Fermented Malt Beverage & Liquor License to Hussein A. Ali for the property located at 4312 West Howard Avenue (store front, storage area & back stock room). Motion carried unanimously.
22. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
At this time, the Council proceeded with Item #9
23. After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to adopt Resolution No. 3363.
RESOLUTION NO. 3363
A RESOLUTION CONFIRMING CITY OF GREENFIELD’S RESOLUTION NO. 3193 AUTHORIZING THE SUBMITTAL OF A STATE GRANT APPLICATION FOR THE ALLIS CHALMERS PARCEL AND TWO CITY OF GREENFIELD PARCELS AND FURTHER CONFIRMING THE SELECTION OF REAL ESTATE RECYCLING AS CITY’S CONSULTANT, MANAGER AND AGENT WITH RESPECT TO THE BROWNFIELD SITE ASSESSMENT GRANT ACTIVITIES AND FURTHER CONFIRMING THE CITY’S RECEIPT OF EXPENDITURES OF MONIES BY REAL ESTATE RECYCLING AND APPLICATION OF FUNDS APPROPRIATED UNDER RESOLUTION NO. 3193 FOR SITE ACTIVITIES
WHEREAS, the City of Greenfield recognizes that the remediation and redevelopment of brownfields is an important part of protecting Wisconsin’s resources; and
WHEREAS, the City of Greenfield Resolution No. 3193, approved on October 19, 2006, authorized Mayor Michael J. Neitzke, on behalf of the City of Greenfield, to submit an application to the State of Wisconsin for financial aid for Brownfield Assessment Grant purposes and to document, and take necessary actions to undertake, direct and complete approved grant activities; and
WHEREAS, the City selected Real Estate Recycling as consultant, manager and agent to assist the City in such submission, documentation and completion of approved activities; and
-18712- C.C. – 11/16/10
WHEREAS, Applications for Brownfield Site Assessment Grant funding were submitted on behalf of the City for three of the parcels included in the Site, namely the Former Allis Chalmers Landfill; the Former Foundry Sand Landfill; and the Former Gravel Pit; and
WHEREAS, the Wisconsin Department of Natural Resources, on February 23, 2007, notified the City of the approval for these applications as follows:
Grant Number Site Name and Address Amount
SAG 481 Former Allis Chalmers Landfill $100,000 11815 W. Morgan Avenue Greenfield, WI 53228
SAG 480 Former Foundry Sand Landfill $ 75,000 3701 S. 116th Street Greenfield, WI 53228
SAG 483 Former Gravel Pit $ 75,000 W. Morgan Avenue & 116th Street Greenfield, WI 53228
WHEREAS, The City signed the Site Assessment Grant Agreements on February 27, 2007 for each of the three grants noted above; and
WHEREAS, Real Estate Recycling on behalf of the City, on June 5, 2007, submitted to the Wisconsin Department of Natural Resources a Site Investigation Work Plan for the three parcels noted above which was approved by the Agency on November 30, 2007, and pursuant to the approved work plan the on-site investigation activities were carried out during June and August of 2007 and the results reported to the Agency in the document entitled Site Investigation Progress Report, The Greenfield Site, Greenfield, Wisconsin, dated February 2008; and
WHEREAS, Real Estate Recycling, on May 7, 2008, on behalf of the City, initiated the regulatory review and approval of the investigation of the parcels noted above by applying for admission to the Voluntary Pollution Liability Exemption (“VPLE”) program for the two parcels eligible for that program, namely i) Former Foundry Sand Landfill, 3701 S. 116th Street, Greenfield, WI 53228 and ii) the Former Gravel Pit, West Morgan Avenue & 116th Street, Greenfield, WI 53228, which applications were approved by the Wisconsin Department of Natural Resources by letters of June 10, 2008; and
WHEREAS, Real Estate Recycling, on behalf of the City, initiated regulatory review and approval of the investigation and approval of the third parcel, the Former Allis Chalmers Landfill,11815 W. Morgan Avenue, Greenfield, WI 53228, by complying with the requirements of Wisconsin Statutes Ch. 289 applying to the closure of licensed landfills; and
-18713- C.C. – 11/16/10 WHEREAS, on October 1, 2010, the City submitted Brownfield Site Assessment Grant Final Reports for the Former Allis Chalmers Parcel (SAG 481), the Former Foundry Sand Landfill (SAG 480) and the Former Gravel Pit (SAG) 483 confirming that the activities completed for each parcel, using SAG reimbursable funds or pledged match funds included i) the Phase I Environmental Assessment, ii) the Phase II Environmental Assessment, and iii) the Ch. NR 716 Site Assessment; and
WHEREAS, the City acknowledges receipt of the expenditures advanced by Real Estate Recycling pursuant to City Resolution No. 3193 necessary to carry out the site environmental assessments, investigations and other activities described in the Brownfield Site Assessment Grant Final Reports for the parcels included in the site as noted above.
IT IS THEREFORE RESOLVED that the Common Council of the City of Greenfield requests the funding of the grants approved by the Wisconsin Department of Natural Resources under the Brownfield Site Assessment Grant Program; and
Hereby Authorizes Mayor Michael J. Neitzke to act on behalf of the City of Greenfield to take any further actions needed to direct, document and complete the approved grant funding.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
24. Engineering Division Report:
a, b, c & d.
It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to adopt Ordinance Nos. 2715, 2716, 2717 & 2718.
ORDINANCE NO. 2715
AN ORDINANCE AMENDING SECTION 8.07 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.07 of the Greenfield Municipal Code is hereby adopted to read as follows:
(1) No parking shall be permitted within a public alley right-of-way. (2) Blocking or obstructing traffic movement within a public alley right-of-way shall be prohibited.
-18714- C.C. – 11/16/10
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
ORDINANCE NO. 2716
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
Ordinance No. 2576, which requires that northbound and south bound traffic on South Schauer Avenue STOP before entering the intersection of South Schauer Avenue and West Midland Avenue, is hereby repealed.
and
Ordinance No. 2577, which requires all traffic to STOP before entering the intersection of South Schauer Avenue and West Vollmer Avenue, is hereby repealed.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
-18715- C.C. – 11/16/10 ORDINANCE NO. 2717
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
At the intersection of South Schauer Avenue and West Midland Drive, all eastbound traffic on West Midland Drive shall be required to STOP before entering said intersection.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
ORDINANCE NO. 2718
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
At the intersection of South Schauer Avenue and West Vollmer Avenue, all eastbound traffic on West Vollmer Avenue shall be required to STOP before entering said intersection.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
-18716- C.C. – 11/16/10 PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
25. City Attorney’s Report:
a. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to adopt Ordinance No. 2719.
ORDINANCE NO. 2719
AN ORDINANCE AMENDING SECTION 8.12 OF THE MUNICIPAL CODE RELATING TO PARKING
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.12(2) of the Municipal Code is hereby amended to read as follows:
8.12 Street storage prohibited.(Rep. & recr. #2039) (2) Overnight parking on any street or alley within the City shall be permitted year-round, with the exception of declared snow emergencies or on those streets where other parking restrictions or ordinances prevent or prohibit such parking. Motor vehicles parked overnight shall be parked only on the even-numbered side of the street on those nights bearing an even calendar date before midnight and on the odd-numbered side of the street on those nights bearing an odd calendar date before midnight, with handicap parking spaces being exempt from this provision. Enforcement of the provisions in this subsection will be between the hours of 2:00 a.m. and 6:00 a.m. (Am. #2066)
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
-18717- C.C. – 11/16/10
b. It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to adopt Ordinance No. 2720.
ORDINANCE NO. 2720
AN ORDINANCE AMENDING CHAPTER 30 OF THE GREENFIELD MUNICIPAL CODE RELATING TO POST-CONSTRUCTION STORMWATER MANAGEMENT
The Common Council of the City of Greenfield do ordain as follows:
PART I. Chapter 30 of the Greenfield Municipal Code, Post-Construction Stormwater Management, is hereby amended to read as follows:
30.05 (19) “In-fill area” means an undeveloped area of land surrounded by existing development and/or areas of land where development can not occur due to natural or man-made features.
(39) “Pre-development condition” means the extent and distribution of land cover types present before the initiation of land disturbing construction activity.
(41) “Redevelopment” means areas where development is replacing older development.
30.07 (3) (a) 6. [NEW] Exemptions. The following are not required to meet the requirements of this paragraph: a. A redevelopment post-construction site with no increase in exposed parking lots or roads.
(b) 1. By design, BMPs shall be employed to maintain or reduce the peak runoff discharge rates, to the maximum extent practicable, as compared to pre-development conditions for the 2, 10 and 100 year – 24 hour design storm applicable to the post-construction site. The meaning of “hydrologic soil group” and “runoff curve number” are as determined in TR-55. However, when pre-development land cover is cropland, rather than using TR-55 values for cropland, the runoff curve numbers in Table 1 shall be used. The runoff curve numbers in Table 1 represent mid-range values for soils under a good hydrologic condition where conservation practices are used.
Table 1 Soil Hydrologic Group: A B C D Runoff Curve Number for Cropland 56 70 79 83
2. Exemptions. The following are not required to meet the requirements of this paragraph: a. In-Fill development less than 5 acres. b. A redevelopment post-construction site.
-18718- C.C. – 11/16/10
(c) 6. Exemptions. The following are not required to meet the requirements of this paragraph: a. Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the site. b. Parking areas and access roads less than 5,000 square feet for commercial and industrial development. c. In-fill development areas less than 5 acres. d. A redevelopment post-construction site. e. Infiltration areas during periods when the soil on the site is frozen. f. Roads in commercial, industrial and institutional land uses, and arterial residential roads.
(d) 4. This paragraph does not apply to: a. In-fill development areas less than 5 acres. b. A redevelopment post-construction site. c. Structures that cross or access surface waters such as boat landings, bridges and large culverts. d. Structures constructed in accordance with s. 59.692(1v), Wis. Stats. e. Post-construction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
30.16 EFFECTIVE DATE. This ordinance shall be in force and effect from and after it adoption and publication. The above and foregoing ordinance was duly adopted by the Common Council of the City of Greenfield on November 16, 2010.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
After a discussion, on a roll call vote, the motion carried unanimously.
c. Ordinance prohibiting the sale of synthetic chemical cannabinoid, also known by various names such as Spice 2 and K2 is to be placed on the NEXT AGENDA.
At this time, the Council proceeded with Item #5
26. Items for future agenda - None
-18719- C.C. – 11/16/10 27. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adjourn the meeting at 10:15 p.m. Motion carried unanimously.
______Susan L. Witon, Deputy City Clerk
Distributed: November 29, 2010
-18720- C.C. – 11/16/10
MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, DECEMBER 7, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Susan Witon Deputy City Clerk Roger Pyzyk City Attorney Rick Sokol Director of Neighborhood Services Chuck Erickson Community Development Manager
2. An opening prayer was given by Pastor Steve Rogers.
3. Pledge of Allegiance
4. It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve the November 16, 2010 Common Council minutes, with the following correction on Page 18706:
The first sentence in the second full paragraph should read: Mayor Neitzke stated even if there were no levy increases, taxes are going up roughly 1.5% next year because the property values in the City have declined so the tax base has declined.
Motion carried unanimously.
5. Mayor’s Report
Mayor Neitzke welcomed Troop 601 from King of Glory. He stated they are working on their Merit Badges.
6. Aldermanic Reports - None
7. Announcements - None
8. Citizen Commentary - None
At this time, the Council proceeded with Item #13
-18721- C.C.-12/7/10 9. Public hearing to change the current Comprehensive Land Use Plan designation of Single Family to Mixed Residential to construct in a phased manner two single-story 30-unit Community Based Residential Facility assisted care living buildings and a three-story 90 unit Residential Care Apartment Complex independent living building for a total of 150 units for a project called “Elizabeth Place” to be located on the approximately 9.1 acres at South 97th Street & West Cold Spring Road, Tax Key #607-9981-004
Notice of public hearing was published in the City’s official newspaper on November 4, 2010.
and
10. Public hearing to rezone vacant land located at approximately South 97th Street & West Cold Spring Road from R-2 Single Family to Planned Unit Development-Residential, Tax Key #607-9981-004
Notice of public hearing was published in the City’s official newspaper on November 4, 2010 and November 11, 2010.
Chuck Erickson, Community Development Manager, addressed the Council with regard to the public hearings in Item #9 & #10. He stated that when there is an amendment to the Comprehensive Land Use Plan, there is at least a 30 day notice and the notice must be sent to the Southeastern Wisconsin Regional Planning Commission (SEWRPC) and the seven adjacent municipalities to the City of Greenfield. No responses were received. Mr. Erickson presented diagrams of the property in question. He said the buildable portion is the northerly corner of the property. Butler Garter Snake habitat is on the southerly area. There are American Transmission Corporation wire easements that run along the south and west portion of the property. Mr. Erickson indicated the area that is Single Family. He said the desire is, using the category in the Comprehensive Land Use Plan, Mixed Residential. The Mixed Residential is similar to the 25 acres that exist to the east for Mr. Baierl’s property. Mr. Erickson stated the Plan Commission gave a favorable recommendation to make the change to Mixed Residential but for approximately a 9 acre area which is the proposed buildable area which Jonrich, LLC has prepared. The proposal is for two 30-unit assisted care facilities on the north end of the property and a 90-unit independent living senior housing project. There would be four phases, those being Building 1, Building 2, and the independent living senior housing occurring in two different phases. The detail regarding shared access with the We Energies property along South 96th Street and eventually a driveway would be provided. A parking area would be south of the building. One of the items in the letter from Mr. Baierl is the ability for a sanitary sewer easement to be provided through the property. The sanitary sewer easement is part of the site plan materials the City would expect of Jonrich and We Energies is going to be providing that specific easement document as part of their deliberations with Jonrich. Mr. Erickson said that essentially, the sewer easement needs to stay out of the north edge of the snake area but then south of the buildable area so it is a balance where the sanitary sewer easement and a pedestrian easement would be co-mingled to enable that type of connection point over a period of time to get from approximately South 100th Street and West Cold Spring Road back over to a point on South 92nd Street. Site and landscaping approval still needs to occur. Mr. Erickson stated Jonrich had held a neighborhood information meeting earlier in the year. A traffic impact analysis had been prepared which showed there is essentially no impact on traffic flow along West Cold Spring Road in that area. Mr. Erickson stated there is a letter dated November 8, 2010 on behalf of Mr. Baierl from Martin Stein regarding their concerns about the project. The Plan Commission had a favorable recommendation regarding the amendment to the Comprehensive Land Use Plan and the rezoning.
-18722- C.C.-12/7/10 Bob Baierl, 1491 South 98th Street, from Supreme Builders, registered against the change to the Comprehensive Land Use Plan and against the proposed rezoning. He said one of the things entered into when they purchased the property from We Energies, approximately three years ago, was the concern of the sewer and the storm and the sanitary sewer because of the amount of flooding on South 92nd Street. At the time, he said they were told that the property would be accessible to that and then found out after purchasing the property that that particular property could not be serviced on South 92nd Street because not only of the concern to the community and also because of what has occurred because of flooding in the area which are both Mixed Use between sanitary and sewer running together. In that regard, they were told they could have used a lift station. Through negotiations with We Energies, a lift station doesn’t make sense because when going to West Cold Spring Road, it still only has a certain capacity and the gravity fed was needed which would have been down to somewhere in the proximity of South 99th Street. During research it was determined on South 99th Street that they could gravity feed the sanitary into that area and it has a 22 foot drop where in front of the property on South 92nd Street, the engineering wasn’t quite done too easy because it went from an 8 inch to a 10 inch to an 8 inch. It still came out to an 8 inch. At the time they had an agreement with the electric power company that they would be able to give him an easement in order to alleviate any problems on South 92nd Street, no matter what would be put there, to turn around and do gravity fed down to South 99th Street. Mr. Baierl said at the same time, they were also told that water could possibly be run along that same easement area, if need be, not knowing if South 92nd Street would be able to service it. Also, when South 99th Street, which wasn’t asphalted at the time, there was a possibility of running a lateral around the back side where they could actually turn around and fully improve those properties at the same time. All this was taken into consideration and discussed at meetings periodically when looking at the development of the area. Mr. Baierl said at no time were they proposing to build apartments. They were looking at building side by side ranches and about a consistency of approximately 40 side by sides. Currently, the marketplace for side by side condos is essentially dead for many years to come. He said they did negotiate with the electric company, but at the time they never wanted to give the exact location of where the easement would be. Mr. Baierl said when this was proposed to them, their letter was sent to the City to address the issues that were addressed previously in private with different concerns of the community into the taxable part of it. There was a Butler Garter Snake issue addressed at the time. Mr. Baierl said he has correspondence addressing areas that they did not want to at this time go back to the Department of Natural Resources to further any more intervention because they did not want a deal to be affected. He said that they were also making aware that any person that purchased the property would be well aware of the conditions in which they were purchasing it. There is also a power line that goes through the middle underground. Mr. Baierl said all they are trying to do is make secure that whatever they propose in the near future that they will be able to have accessibility to put a gravity fed sewer system that has no abutting influence on South 92nd Street and go in the direction toward the 22 foot drop which is down on West Cold Spring Road.
Mayor Neitzke asked if the sanitary sewer easement proposed meet that need.
Mr. Baierl said he has not seen anything on the easement other than the fact that the time they were talking about it other than there was an area where there was a problem with the Butler Garter Snake and environmental friendly.
Chuck Erickson, Community Development Manager, said that actually the issue before the Council is zoning and land use. The particulars of the utility easement, while significantly important, is not affected by the zoning. He said the City’s expectations of Jonrich, when they would return, because of past discussions with them, is to provide the very thing that is shown. It represents the efforts by We Energies to make sure that an
-18723- C.C.-12/7/10 easement is provided on the property before they sell it to Jonrich and address the issues raised on behalf of Mr. Baierl by Mr. Stein in the November 8, 2010 letter. Mr. Erickson said this is a technical issue that he believes is being appropriately addressed in the context of that letter but really is separate from the two questions that are the subject of the public hearing this evening.
Mayor Neitzke said it would seem that the primary objection to the rezoning and the change in use on the property relates directly to an adjacent property owner who doesn’t want to be foreclosed from being able to develop his property because now there is an impediment on an adjacent property in front of the place that he needs to get to in order to do his sanitary sewer easement. Mayor Neitzke said that while We Energies is proposing a sanitary sewer easement, it would seem to him that the inclusion of this easement with any future development as indicated in the agenda would need to include this sanitary sewer easement and it would certainly remove the objection if included. He added that Mr. Baierl would have to review the sanitary sewer easement to make sure that it did suit his needs to get to the 20 ft. interceptor.
Mr. Baierl said it doesn’t have the impact that would impact them from not following up some time in the future of what they want to develop there plus they also have almost 24 acres and 20 of those acres are buildable.
Mayor Neitzke said the point is that Mr. Baierl cannot build on his 20 acres if he doesn’t have the easement and he doesn’t have the access through the property. He said changing the Comprehensive Land Use Plan is not a problem and even though site and landscaping hasn’t been approved by the Plan Commission, for the most part there were some pretty significant discussions of the plan. Mayor Neitzke stated the rezoning is not an issue, but if We Energies turns around now that they have approval and the rezoning, Mr. Baierl is pretty much in trouble if he doesn’t have the easement through the property and the capacity.
Mr. Erickson said that besides the easement going through Jonrich, it is also going through the We Energies property where the substation is. He said even if the easement didn’t exist today or as proposed, the City would require Jonrich to provide it as part of their site and building issues that would come back to the City whenever they are prepared to start with Building 1 simply because the City is aware of the critical need for sanitary to go from east to west only through the specific route. This provides it right away as part of the land sale that Jonrich, when buying the land from We Energies, are providing plus the evidence that the easement is through their property through theirs being the substation and that it deadends at a spot that is on Mr. Baierl’s property so that they can run through.
Mayor Neitzke said he wants to be certain that if the property is rezoned and the Comprehensive Land Use Plan is changed, the designation is changed consistent with the proposal of the new development that he does have what he needs so the City isn’t short thrifted 20 acres of future developable land because he can’t access the sanitary sewer.
Alderperson Kastner said he believes that would happen with the sale of the property more so than anything else because at this given point regardless of the zoning or the Comprehensive Land use Plan, it is not going to be there anyway. They could do whatever they want if it meets the zoning. He said he thinks that when the land is divided and the City is given a certified survey map is when the issue has to be attacked. He said his concern is that at buildout they are going to be putting in the bike trail and it doesn’t sound as though the pipe will be installed until after the bike trail is so he hopes both things are kept in mind that the 20 ft. is wide enough to put the bike trail in as well as allow him, at a later date, to put in the sewer line.
-18724- C.C.-12/7/10
Mayor Neitzke said there is a significant amount of this property that is not developed, especially west of South 99th Street. He said that during the Comprehensive Land Use planning process, there was a desire to try to keep as much of the property green and open and to provide the pedestrian access from roughly South 92nd Street to West Cold Spring Road to get over to the Oak Leaf Trail. He said he doesn’t see a recreation easement on any of the information and that would be part of site and landscaping in the future. The desire certainly is for the property west of there to contain some kind of pedestrian path or bike trail to get to the Oak Leaf Trail so that would serve everyone east of the area.
Mr. Baierl said he has correspondence regarding discussion pertaining to at least a 30 foot, depending on the width of the easement, because there was talk about a 10 plus a 20 foot and there were discussions about having the sewer underneath the trail and it was suggested that maybe a wider trail was needed to be on the safe side. That was the discussion a couple of years ago.
Mayor Neitzke said the reality with the 30 foot easement, the reason for that is that vehicles have to drive on it to dig. He said the same requirements that were expected of Mr. Baierl with regard to the trail along the Garter Snake area would apply to this as well.
Mr. Erickson asked Ms. Adams to address the Council to provide the perspective of what We Energies is doing not only with Jonrich but in following through with prior discussions that Mr. Baierl had eluded to with regard to the provision of sanitary corridor.
Mayor Neitzke said the problem is that We Energies can promise everything this evening, but if the contingency is the approval of the rezoning and the change to the Comprehensive Land Use Plan and tomorrow there is a closing of the sale, We Energies doesn’t care because there is a closing and they have their money. He said he wants to make sure that prior to that that the easement is sort of in place.
Mr. Baierl said there was a discussion about the improvements of the property on the back side of South 99th Street. He said that once and for all, as a comment was made, I’m finally going to get some asphalt on the last dirt road in Greenfield and the improvements on the back side too. That was all taken a part of that too in the discussion.
Alderperson Kastner said South 99th Street is paved.
Alderperson Pietrowski said Mr. Baierl indicated in the letter from his attorney regarding zoning, that he would like the same zoning being proposed at this location.
Mr. Baierl said he doesn’t think he can put that many units on 20 buildable acres. He put that in just to turn the light bulb on to tell the density of what is being talked about. He said he really looks at what he was proposing there. He still is reverting back to what he was proposing at that time and he is not going to come back to the Council but he wanted to bring it to the Council’s attention, more than anything else about the density.
-18725- C.C.-12/7/10 Pat Adams, 231 West Michigan Street, representing We Energies, registered in favor of the proposed rezoning. She indicated she would be happy to answer any questions about the sewer easement or to review that issue because they spent a great deal of time determining how the sewer can get through the property, both the substation property and Lot 3. She said an easement has been provided to the City of Greenfield for the sanitary sewer easement. She said the easement is granted to the City, not to the owner of that particular lot. Ms. Adams stated that at the time they were working with Mr. Baierl, he had an engineering firm, and for whatever reason, they were trying to resolve it but at that time the engineering firm was no longer working for Mr. Baierl so she said they had to work on what they could go through and she actually contacted Mr. Baierl earlier this week to provide him the information but she did not hear back from him.
Mayor Neitzke said it is important to the City and the property owners in the area that the easement is in place and that it adequately serves the properties to the east. He said it seems that there has been a strong effort to do that.
Mr. Erickson asked if there were any questions of the applicants, Richard and Jon Coury.
Mayor Neitzke said they will have to go to the Plan Commission again for site and landscaping and there will be discussion regarding the easements and the sewer flows.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to close the public hearings.
After a discussion, the motion was withdrawn.
Denise Brewer, 4366 South 99th Street, stated the kitchen windows and the patio are on the side where the walkway would be. She is concerned that people will be able to stare into her living room and kitchen windows as they are walking down the path. She said she is not sure where her lot line really is because it has been We Energies’ property for so long. It is just vacant land to her. She said she is curious how close the path would be and now there is talk about 30 feet wide and now regarding the sewer issue, where is that going to come into her property. She said she is hearing this for the first time.
Mayor Neitzke said neither would touch her property. He added it hasn’t even been proposed yet as far as where the layout of the path would be and what the requirements are of the easement. Mayor Neitzke explained that an easement doesn’t necessarily have to be a road. The easement may be 30 feet wide, but the path may be 10 feet wide. The reason the easement may be 30 feet is because construction equipment may have to get back there in case there is failure of a pipe, for example. He said it would not cross her property based on what he is looking at currently.
Mr. Erickson said the notion of the sewer easement will come as part of the discussions with Jonrich, but it really is the development of the project off of South 92nd Street that will trigger the actual installation of the sanitary sewer main.
Mary Klitgaard, 9700 West Cold Spring Road, asked where the entrances would be to the development.
-18726- C.C.-12/7/10 Mr. Erickson said there is a shared roadway with We Energies, vehicles would be parking behind the building, there will be walk paths along the north side. The vehicle traffic is behind it or coming out at approximately South 98th Street or at the existing driveway for South 96th Street. He said the gravel road will be improved as part of a shared agreement between Jonrich and We Energies so that it provides this type of ability to come in and get out but now there is a gate feature that will be retained so individuals coming in and out are not heading into the substation.
Ms. Klitgaard asked if there will be building ongoing for a couple of years.
Richard Coury with Jonrich said it is a four phase proposal with the first phase consisting of the first building to the east which would have 30 units with the pad for the second building being prepared and the exiting driveway being constructed. Therefore, most of the prep work for phase one and two would be done in phase one. The following year, or sooner, phase two would be constructed and then the front end of the building in phase three done as soon as possible after some market analysis which may be one or two years later. There will be two 45-units together.
Mrs. Klitgaard asked how difficult it will be for her to come and go into her home during the two year construction as she has a disabled husband and a lot of other issues.
Mayor Neitzke said it probably will not impact her at all because their driveway is essentially at South 96th Street and South 98th Street.
Mr. Cory said Mrs. Klitgaard should be basically unaffected as they will work with City staff to minimize cuts into West Cold Spring Road so there should be minimal disruption.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to close both public hearings (Item 9 & Item 10). Motion carried unanimously.
Motion for Item #9
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to change the current Comprehensive Land Use Plan designation of Single Family to Mixed Residential to construct in a phased manner two single-story 30-unit Community Based Residential Facility assisted care living buildings and a three-story 90 unit Residential Care Apartment Complex independent living building, to be built in two phases, for a total of 150 units for a project called “Elizabeth Place” to be located on the approximately 9.1 acres at South 97th Street & West Cold Spring Road, Tax Key #607-9981-004. On a roll call vote, the motion carried unanimously.
Motion for Item #10
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, adopt Ordinance No. 2722.
-18727- C.C.-12/7/10 ORDINANCE NO. 2722
AN ORDINANCE TO AMEND THE ZONING ORDINANCE (MAP) AND THE COMPREHENSIVE LAND USE MAP OF THE CITY OF GREENFIELD
WHEREAS, The Common Council of the City of Greenfield conducted public hearings in the Common Council Chambers of the City Hall at Greenfield, Wisconsin, on Tuesday, the 7th day of December, 2010 at 7:15 p.m. and 7:20 p.m. upon a proposal to amend Zoning Ordinance No. 2204A and amend Comprehensive Land Use Plan Ordinance No. 2629; and
WHEREAS, Notices of said hearing has been duly published in the Greenfield NOW Newspaper, formerly known as MyCommunityNow.com, and a period of at least ten (10) days has expired after the last publication before said hearings, all as required by State Law;
NOW, THEREFORE, The Common Council of the City of Greenfield do ordain as follows:
PART I. Zoning Ordinance No. 2204A adopted on the 8th day of April, 1998 relating to zoning, and Zoning Ordinance No. 2629 adopted on the 18th day of November, 2008 related to the land use map, are hereby amended.
PART II. The zoning district for the parcel of land described as follows is hereby changed from “R-2 Single Family Residential” to “PUD-Residential”, and the land use designation for the approximately 9.1 acres (600’ x 660’) of land on the northerly and buildable portion of the parcel proposed to actually be developed for this phased project described as follows is hereby changed from “Single Family” to “Mixed Residential”:
9605 West Cold Spring Road Tax Key #607-9981-004
Lot 3 of Certified Survey Map No.8081, being a part of the Southeast 1/4 of Section 20, Township 6 North, Range 21 East, City of Greenfield, Milwaukee County, Wisconsin.
PART III. No building permit shall be issued for any structure to be built on the above described property unless the plans, specifications, layout, height, materials and setback lines of such a building are approved by the Common Council of the City of Greenfield. It shall be the duty of the Common Council of the City of Greenfield to issue such building permit unless the Council shall find that the construction of the proposed structure would cause undue congestion in the neighborhood or would be detrimental to the health, safety, morals and general welfare of the citizens of the City of Greenfield, or unless the proposed structure does not comply with all the ordinances of the City of Greenfield, or unless the exterior appearance and design of the proposed structure is so at variance with the exterior design and appearance of structure constructed or in the course of construction in the neighborhood of said proposed structure as to cause a material depreciation generally as to property in said neighborhood in which case it shall be the duty of the Common Council to deny the said building permit. Nothing herein contained shall be construed to alter or amend the building codes of the City of Greenfield, or Milwaukee County, or the State of Wisconsin.
-18728- C.C.-12/7/10 PART IV. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART V. This ordinance shall take effect from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
11. Public hearing for approval of a Planned Unit Development Amendment in order to build a single-story, approximately 20,000 sq. ft. structure which would include a combination of medical clinic, medical office, and imaging service on the north end of the existing parking lot area of the Budget Cinema building at 4475 South 108th Street, Tax Key #609-9994-006
Notice of public hearing was published in the City’s official newspaper on November 4, 2010.
Chuck Erickson, Community Development Manager, presented diagrams of the property in question. He said Irgens Development Partners, LLC is proposing to create a medical office facility for Froedtert & Medical College of Wisconsin. The Plan Commission gave a favorable recommendation on this issue.
Robert McClure, 10700 Research Drive, representing the owner, was present to answer any questions.
No one addressed the Council in favor or in opposition to the proposal.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve a Planned Unit Development Amendment in order to build a single-story, approximately 20,000 sq. ft. structure which would include a combination of medical clinic, medical office, and imaging service on the north end of the existing parking lot area of the Budget Cinema building at 4475 South 108th Street, Tax Key #609-9994-006, as indicated in the materials presented to the Council and at the public hearing.
After a discussion, on a roll call vote, the motion carried unanimously.
12. Public hearing for approval of a Special Use to open a tattoo and body piercing studio in a vacant tenant space at the Omega Shopping Center located at 4637 South 108th Street, Tax Key #609-0033-001
Notice of public hearing was published in the City’s official newspaper on November 4, 2010.
-18729- C.C.-12/7/10 Chuck Erickson, Community Development Manager, presented diagrams of the property in question. He stated the Plan Commission gave a favorable recommendation concerning this issue.
The following addressed the Council against the proposal:
Michael Beckemeier, 4664 South 110th Street; does not believe tattoo parlors belong in the City
Michele Sagert, resident of Waukesha, applicant, addressed the Council. She said she doesn’t foresee traffic and loitering being a problem in the evening. She said she and her partner are looking to have a classy, clean, safe establishment where people can get tattoos. She said they are not looking to have anything disruptive go on at the location.
Alderperson Kastner asked how many clients are serviced at one time.
Ms. Sagert said there would be no more than seven clients at one time. She added that initially they may have five people per day on a decent day; on a busy day 10 to 12 clients throughout the day.
Discussion was held relative to the closing hour.
Andre Luna, 10135 West Cold Spring Road, partner, said usually by 9:00 p.m. they have customers already in the building getting worked on and probably leaving by 10:00 p.m. People do not come in at 10:00 p.m. who want to get a tattoo. He added that the traffic generated by their business is very minimal. He said the artists are all in their thirties. It is not a hangout for teenagers. He is concerned about neighbors. Mr. Luna said there will be nights when they will close earlier because there will not be appointments. There will not be people standing outside causing a ruckus, playing music. He said he has tried to figure out how to deal with people smoking, perhaps having them smoke behind the building but there are neighbors in the back as well.
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Special Use to open a tattoo and body piercing studio in a vacant tenant space at the Omega Shopping Center located at 4637 South 108th Street, Tax Key #609-0033-001, with hours of operation from 12:00 noon to 10:00 p.m. Monday through Saturday and 12:00 noon to 7:00 p.m. Sundays.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski, Kastner & Akers voting yes; Alderperson Saryan voting no. At this time, the Council proceeded with Item #14(8)
13. Legislative Committee Meeting held October 18, 2010
Item #6 It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to adopt an ordinance prohibiting the sale of synthetic chemical cannabinoid, also known by various names such as Spice and K-2. Motion carried unanimously.
-18730- C.C.-12/7/10
14. Plan Commission Meeting held November 9, 2010 (action taken on Items 5, 7, 10 & 12 at 11/16/10 Council meeting)
Item #9 It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve Site/Building/Landscaping/Signage Review and Certified Survey Map for the proposed Supercenter site and the existing Wal-Mart store area for the proposed new 148,000 sq. ft. Wal-Mart Supercenter on a 19 acre parcel at 10600 West Layton Avenue, subject to Plan Commission and staff comments, Tax Key Nos. 608-9995-006 & 608-9995-008. On a roll call vote, the motion carried unanimously.
The Council proceeded with Item #15
Item #8 It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve a Planned Unit Development Site, Building, Landscaping Review for a proposed 20,000 sq. ft. medical office building on the northerly portion of the Budget Cinema parcel, 4475 South 108th Street, subject to Plan Commission, staff comments, and the requirements of the State Department of Transportation, Tax Key #609-9994-006. On a roll call vote, the motion carried unanimously.
The Council proceeded with Item #23b
15. Appointments to various committees and commissions:
No appointments were made. Therefore, the following committee appointments are to be placed on the NEXT AGENDA:
a. Mayor appointments, confirmed by Council:
(1) One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
(2) One alternate member to the Community Development Authority for a term to expire 2/19/13 (Patricia Nelson)
b. Mayor appointments
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Donald Kopp)
16. It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to approve the issuance of an operator license to each of the following:
Dalzin, Christina M.-6220 Walnut Ln. Ehly, Jessica M.-642 E. Village Green Ct. Hager, John A.-2745 S. 68th St. Michalski, Andrew P.-3110 E. Ryan Rd. Shi, Qing G.-2601 Wensley Ct.
Motion carried unanimously.
-18731- C.C.-12/7/10 17. It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve schedules of disbursements in the amounts of $11,636.85; $415,923.07; $244,246.32; $417.54; $926.60; $2,692.15; $623.73; $523.36; $427.25; $11,218.92; $95,859.64; $743,392.32; and $23,524.34. On a roll call vote, the motion carried unanimously.
18. It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve mileage reimbursements in the amount of $24.00. On a roll call vote, the motion carried unanimously.
19. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
20. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to adopt the suggestion and recommendation of Chuck Erickson, Community Development Manager, with regard to staggering the terms of members of Business Improvement Districts #1 & #2. The terms of members will be as follows:
Business Improvement District #1 Business Improvement District #2 3 year term: Greg Butts & Jim Povlick 3 year term: Tara Cavazos & Todd Reardon 2 year term: John Albanese & Troy Chowanec 2 year term: Julio Cesar Maldonado & Doug Dorszynski 1 year term: open 1 year term: still open
Motion carried unanimously.
Note: Robert Selin resigned from Business Improvement District #1 which results in a vacancy.
21. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to authorize acquisition of right-of-way for South 124th Street from 200 feet north of West Edgerton Avenue to West Cold Spring Road, as identified in the Resolution of Necessity, Relocation Order and Right-of-Way Plat, Project 2006 #5.
After a discussion, on a roll call vote, the motion carried unanimously.
22. Engineering Division Report:
It was moved by Alderperson Kastner, seconded by Alderperson Akers, to adopt Resolution No. 3365. RESOLUTION NO. 3365
By the Common Council of the City of Greenfield
WHEREAS, public necessity demands that the City of Greenfield acquire the lands required for street right-of-way as indicated on the Relocation Order;
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Greenfield that it is necessary in the public interest that the lands necessary for street right-of-way for South 124th Street from a point 200 feet north of West Edgerton Avenue to West Cold Spring Road, Project 2006#5, as shown on the Plat of Survey attached to the Relocation Order, and as described hereafter, be acquired for said purpose, to- wit:
-18732- C.C.-12/7/10
OWNER: Richard L. Baker II and Christine J. Baker Tax Key No. 610-9976
DESCRIPTION OF RIGHT-OF-WAY ACQUISITION:
That part of the Southwest 1/4 of Section 19, Township 6 North, Range 21 East, City of Greenfield, Milwaukee County, Wisconsin, which is bounded and described as follows:
Commencing at the Southwest corner of said 1/4 Section; thence N 00º27'50" W along the West line of said 1/4 Section, 307.00 feet to a point; thence N 88º43'23" E, 24.75 feet to the point of beginning of lands to be described; thence N 00º27'50" W, 150.00 feet to a point; thence N 88º43'23" E, 35.25 feet to a point; thence S 00º27'50" E, 150.00 feet to a point; thence S 88º43'23" W, 35.25 feet to the point of beginning.
Containing 5,288 square feet, more or less.
OWNER: Claudine Lauer Tax Key No. 611-8971
DESCRIPTION OF RIGHT-OF-WAY ACQUISITION:
That part of the Northwest 1/4 of Section 30, Township 6 North, Range 21 East, City of Greenfield, Milwaukee County, Wisconsin, which is bounded and described as follows:
Commencing at the Southwest corner of said 1/4 Section; thence N 01º04'16" W along the West line of said 1/4 Section, 200.00 feet to a point; thence N 88º45'46" E, 24.75 feet to the point of beginning of lands to be described; thence N 01º04'16" W, 76.95 feet to a point; thence N 88º34'34" E, 35.25 feet to a point; thence S 01º04'16" E, 77.06 feet to a point; thence S 88º45'46" W, 35.25 feet to the point of beginning.
Containing 2,717 square feet, more or less.
OWNER: Anita E. Heffernan Revocable Living Trust Et Al Tax Key No. 611-8972
DESCRIPTION OF RIGHT-OF-WAY ACQUISITION:
That part of the Northwest 1/4 of Section 30, Township 6 North, Range 21 East, City of Greenfield, Milwaukee County, Wisconsin, which is bounded and described as follows:
Commencing at the Southwest corner of said 1/4 Section; thence N 01º04'16" W along the West line of said 1/4 Section, 276.95 feet to a point; thence N 88º34'34" E, 24.75 feet to the point of beginning of lands to be described; thence N 01º04'16" W, 386.42 feet to a point; thence N 88º44'59" E, 35.25 feet to a point; thence S 01º04'16" E, 386.31 feet to a point; thence S 88º34'34" W, 35.25 feet to the point of beginning.
Containing 13,620 square feet, more or less.
-18733- C.C.-12/7/10 And that the City acquire the land required for street right-of-way and that the attached Relocation Order for the proper establishing, laying out, widening, enlarging, extending, constructing, reconstructing, relocating, improving or maintaining of said street right-of-way be approved; and
BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to negotiate for the acquisition of those lands required for the purposes above stated, and in the event said land can not be obtained by negotiation, the City Attorney is hereby authorized and directed to take by condemnation those lands as required.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
RELOCATION ORDER
By the Common Council of the City of Greenfield
The Common Council of the City of Greenfield finds and determines that:
The proper establishment, laying out, widening, enlarging, extending, constructing, reconstructing, relocating, improving, or maintaining of South 124th Street from a point 200 feet north of West Edgerton Avenue to West Cold Spring Road, Project 2006 #5, requires the acquisition of the lands or interests in lands shown on the map attached hereto.
The Common Council of the City of Greenfield hereby order that:
1. The said South 124th Street from a point 200 feet north of West Edgerton Avenue to West Cold Spring Road, Project 2006#5, is hereby laid out and established to the lines and widths as shown on said map.
2. That the required lands or interests in lands as shown on the map shall be acquired pursuant to the Wisconsin Statutes.
The foregoing order was passed and issued by the Common Council of the City of Greenfield on the ______day of ______, 2010.
Issued this ______day of ______, 2010.
CITY OF GREENFIELD
______Michael J. Neitzke, Mayor
______Susan L. Witon, Deputy City Clerk
On a roll call vote, the motion carried unanimously.
-18734- C.C.-12/7/10 23. City Attorney’s Report:
a. Officer Greg Hoppe, assigned to the Detective Bureau of the Greenfield Police Department, recommended the adoption of the proposed ordinance relating to synthetic chemical cannabinoids. He provided information with regard to the research and some of the studies performed by other communities and the fact finding regarding the seriousness and serious affects that the synthetic marijuana has on people and on the community so the Council can make an informed decision.
After a discussion, it was moved by Alderperson Lubotsky, seconded by Alderperson Saryan, to adopt Ordinance No. 2721.
ORDINANCE NO. 2721
AN ORDINANCE CREATING SECTION 10.33 OF THE GREENFIELD MUNICIPAL CODE RELATING TO SYNTHETIC CHEMICAL CANNABINOIDS
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 10.33 of the City of Greenfield Municipal Code is hereby created to read:
Whereas, the Common Council of the City of Greenfield has determined that herbal preparations powdered or sprayed with a synthetic chemical cannabinoid are available for sale within the City of Greenfield that claim to produce intoxicating effects similar to THC or marijuana; and
Whereas, synthetic cannabinoid substances are often marketed as incense or benign and legal alternatives to marijuana; and
Whereas, synthetic chemical cannabinoids are potentially dangerous to users due to the fact that the substances can create potency up to 100 times greater than marijuana, have been reported to produce severe adverse health conditions such as heart palpitations, hallucinations, delusions, paranoia, seizures, panic attacks increased agitation, vomiting; and
Whereas, some states have already included one or more of these synthetic cannabinoid substances on their schedule of controlled substances, but none of the chemicals are currently listed on the State of Wisconsin’s schedule of controlled substances; and
Whereas, municipalities and the Federal Government have taken action to prohibit these substances due to the negative health conditions that may be caused by using these substances; and
Whereas, although the long term health effects of using synthetic cannabinoid substances are not yet known, the Common Council of the City of Greenfield has determined to address the growing threat of synthetic cannabinoids to the health, safety and welfare of its citizens.
NOW THEREFORE, the Common Council of the City of Greenfield do ordain as follows:
-18735- C.C.-12/7/10 10.33 SYNTHETIC CHEMICAL CANNABINOID PROHIBITED
(1) DEFINITIONS.
(a) “Deliver” has the same meaning given in Section 961.01(6) Wis. Stats. with respect to a controlled substance or controlled substance analog. (b) “Distribute” has the same meaning giving in Section 961.01(9) Wis. Stats. with respect to a controlled substance or controlled substance analog.
(2) PROHIBITED SALES, USE AND POSSESSION
It shall be illegal for any person to possess, sell, publicly display for sale or attempt to sell, give, deliver, distribute, or barter any one or more of the following chemicals whether under the common street or trade names of “Spice”, “K2”, “Genie”, “Yucatan Fire”, “Blaze”, “Red X Dawn”, “Zohia”, “fake”, or “new” marijuana, or by any other name, label or description:
(a) (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3(2methyloctan-2-yl)- 6a, 7, 10, 10a- tetrahydrobenzo[c]chromen-1-ol some trade or other names: HU-210; (b) 1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018/spice; (c) 1-Butyl-3-(1naphythoy1) indole-some trade or other names: JWH-073; (d) 1-(3{trifluoromethylphenyl}) piperazine-some trade or other names; TFMPP; (e) 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol (CP 47,497); (f) Or any similar structural analogs.
(3) EXCEPTION.
The prohibitions set forth herein do not apply to any person who commits an act described in this ordinance pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.
(4) PENALTIES.
Any adult person violating this ordinance shall be subject to a forfeiture of not less than $100.00, nor more than $500.00.
PART II. All ordinances or parts of ordinances inconsistent with or contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after the date of its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
-18736- C.C.-12/7/10
At this time, the Council proceeded with Item #9
b. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to go into closed session pursuant to Wisconsin Statutes, Section 19.85(1)(b)(c)(e) & (f) at 8:33 p.m. for the following:
(1) Consider licensure, social or personal history, or medical information as it relates to including Jonathan P. Quella as part of The Window Store Home Improvements Inc. Direct Seller License
(2) Consider licensure, social or personal history, or medical information as it relates to including Ronald L. Schroeder as part of The Window Store Home Improvements Inc. Direct Seller License
(3) Deliberating or negotiating the purchasing of public property as it relates to the Loomis Road Park & Ride lot (members of the Community Development Authority have been invited to attend this portion of the meeting)
On a roll call vote, the motion carried unanimously.
c. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to adjourn closed session and reconvene into open session at 9:48 p.m. Motion carried unanimously.
d. Decision relating to including Jonathan P. Quella as part of The Window Store Home Improvements Inc. Direct Seller License was REMOVED FROM THE AGENDA as Mr. Quella was not in attendance.
e. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve Ronald Schroeder, 10548 West Cortez Circle, being included as part of The Window Store Home Improvements Inc. Direct Seller License with the requirement that he contact the Police Department to inform them of the area he will be in when working in the City of Greenfield. On a roll call vote, the motion carried with Alderpersons Pietrowski, Akers & Saryan voting yes; Alderpersons Lubotsky & Kastner voting no.
f. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to proceed as directed in closed session regarding the purchasing of the Loomis Road Park & Ride lot. On a roll call vote, the motion carried with Alderpersons Pietrowski, Kastner, Akers & Saryan voting yes; Alderperson Lubotsky voting no.
24. Items for future agenda
Police Department provide billing for cell phone usage
-18737- C.C.-12/7/10 25. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adjourn the meeting at 9:52 p.m. Motion carried unanimously.
______Susan L. Witon, Deputy City Clerk
Distributed: December 20, 2010
-18738- C.C.-12/7/10 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, DECEMBER 21, 2010
1. The meeting was called to order by Mayor Neitzke at 7:00 p.m.
ROLL CALL: Alderperson Lubotsky Present Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present
ALSO PRESENT: Susan Witon Deputy City Clerk Roger Pyzyk City Attorney Rick Sokol Director of Neighborhood Services Chuck Erickson Community Development Manager
2. An opening prayer was given by Chaplain Jim Leggett.
3. Pledge of Allegiance
4. It was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to approve the December 7, 2010 Common Council minutes, as recorded. Motion carried unanimously.
5. Mayor‟s Report
Mayor Neitzke wished everyone a Merry Christmas and Happy New Year.
6. Aldermanic Reports - None
7. Announcements - None
8. Citizen Commentary - None
At this time, the Council proceeded with Item #13
9. Public hearing for approval of a Special Use amendment to construct a second floor addition to accompany the remodeling of the first floor at Kids N Care located at 7424 West Forest Home Avenue, Tax Key #604-9983
Notice of public hearing was published in the City‟s official newspaper on December 2, 2010.
Chuck Erickson, Community Development Manager, presented a diagram of the property in question. He indicated the desire is to create a second story to the building essentially to accommodate a gym and other uses to expand the capabilities of the business.
-18739- C.C.-12/21/10 The following submitted comments to Mr. Erickson:
Francis Jablonski, 7434 West Forest Home Avenue; not necessarily opposed to the project and is okay with the 9 ft. setback for the stairwell element, would prefer a narrower gauge of siding, is concerned that some parents park on his lot to the west when picking up the children.
Mr. Erickson said the Plan Commission had a favorable recommendation on this matter.
The following addressed the Council in favor:
Jeff Kroger, 7402 Poplar Circle, Waterford, Builder representing Kids N Care; indicated he would get siding that is compatible with the siding on the building next door.
It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to close the public hearing. Motion carried unanimously.
At this time, Mayor Neitzke said the action would be in Item #12(13).
The Council proceeded with Item #12(13)
It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Special Use amendment to construct a second floor addition to accompany the remodeling of the first floor at Kids N Care located at 7424 West Forest Home Avenue, Tax Key #604-9983. On a roll call vote, the motion carried unanimously.
At this time, the Council reverted back to Item #12(11)
10. Public hearing for approval of a Special Use amendment, requested by McDonalds Restaurant, for a new 5,200 sq. ft. structure constructed on the north side of the existing parcel located at 5040 South 76th Street, Tax Key Nos. 617-9975-029 & 617-9975-031
Notice of public hearing was published in the City‟s official newspaper on December 2, 2010.
Chuck Erickson, Community Development Manager, presented a diagram of the property in question. Mr. Erickson explained the existing building will be torn down, other changes made, and essentially recreate the building footprint on the northerly part of the site. He indicated that Steve Jeske, 101 East Grand Avenue, representing Haag Muller Inc. (architect) and Ernie Masucci, 1025 West Everett Road, Lake Forest, Illinois, are present to answer questions anyone may have. The Plan Commission had a favorable recommendation regarding this matter.
Mayor Neitzke, 4730 West Abbott Avenue, stated he is sad to see Solid Gold McDonalds go and the history of the car shows and the DARE car show.
Alderperson Akers, 4920 West Layton Avenue, said her daughter will miss Mr. Moon.
-18740- C.C.-12/21/10
It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to close the public hearing. Motion carried unanimously.
Mayor Neitzke said the reason he is now going to go to Item #12(11) is because that item indicates an approval of the Special Use Amendment as well as the Site, Building, Landscaping Review for a proposed demolition of the existing 4,400 sq. ft. Solid Gold McDonalds Restaurant and then construction of a new 5,200 sq. ft. McDonalds Restaurant at 5040 South 76th Street, subject to Plan Commission and staff comments, so there is really no need to take action on the public hearing because it is separately indicated on the Plan Commission portion of the agenda.
At this time, the Council proceeded to Item #12(11)
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve a Special Use Amendment, requested by McDonalds Restaurant, for a new 5,200 sq. ft. structure constructed on the north side of the existing parcel located at 5040 South 76th Street, Tax Key Nos. 617-9975-029 & 617-9975-031.
Mr. Erickson stated there was a motion on the floor [under Item #12(11].
Mayor Neitzke said that was when he had both items together. He asked that that motion be withdrawn so the Council went back to Item #12(11).
On a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski, Akers & Saryan voting yes; Alderperson Kastner voting no.
At this time, the Council reverted back to Item #9
11. Public hearing for approval of a Special Use for Papa Saverio‟s Pizzeria to acquire the existing food business within Scott E‟s Pub at 3800 South 108th Street and build a small addition on the south side of the building to expand the business to include carryout and delivery, Tax Key #562-9950
Notice of public hearing was published in the City‟s official newspaper on December 2, 2010.
Chuck Erickson, Community Development Manager, presented diagrams of the property in question. Comments were received from the following:
Dr. & Mrs. Harry Cutting, 3830 South Oakridge Court; indicating there would be more smells and noise
David Ewig, 3812 South 108th Street & 3840 South 108th Street; not opposed to expansion of building, but would like to see back parking lot blacktopped. When there are heavy rains, his lot has a river. Believes the lot should be sloped away from his property and the office building behind his property.
-18741- C.C.-12/21/10 Mr. Erickson said the proposal is that Christina Bass and her company will be operating the food business within Scott E‟s and they have requested the building have a separate pizza takeout at the location. There would be a building addition on the south side of the building. There would not be any seating within the addition as a restaurant. Mr. Erickson said it would be essentially a carryout only. He said, however, people in the bar are able to receive food from the area, but basically the request is for pickup/carryout from the addition area. Mr. Erickson said one of the issues that was of a concern to the Plan Commission dealt with the paving and proper draining of the southerly area currently gravel. There was a letter from the owner of the property and this business committing to take care of that matter or essentially pave and properly drain that area in two years. Mr. Erickson said the Plan Commission had a favorable recommendation on the special use for Saverio‟s.
The following addressed the Council in favor:
Len Cich, 4366 South Honey Creek Drive; refreshing to see a new small business start up during the tough economic conditions. He feels it deserves support as long as it falls within the guidelines of the City.
Christina Bass, 419-12 Avenue, Union Grove, owner of Papa Saverios; the drainage issue has been addressed with the agreement in place and with regard to smells and noise, there is currently a kitchen operating at the location. She said there will not be a lot of increase in noise or smells.
It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to close the public hearing. Motion carried unanimously.
It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve a Special Use for Papa Saverio‟s Pizzeria to acquire the existing food business within Scott E‟s Pub at 3800 South 108th Street and build a small addition on the south side of the building to expand the business to include carryout and delivery, Tax Key #562-9950.
During a discussion regarding the special use, Christina Bass, owner of Papa Saverio‟s Pizzeria, addressed the Council.
On a roll call vote, the motion carried unanimously.
12. Plan Commission Meeting held November 9, 2010 (action taken on Items 5, 7 & 12 at 11/16/10 Council meeting & Items 8 & 9 at 12/7/10 Council meeting)
Item #6 It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve a Special Use Amendment/Site, Building, Landscaping Review for the purpose of constructing a 10‟ x 33‟ addition to Scott E‟s Pub at 3800 South 108th Street, for the purpose of locating Papa Saverio‟s pizza carry-out/pick-up in that new space, subject to Plan Commission and staff comments, and with the condition that the previously required plantings be implemented in the “smoking” patio area, and including the proposed two year paving plan timeline for the rear parking lot, Tax Key #562-9950, which was an Exhibit to the Plan Commission. Motion carried unanimously.
-18742- C.C.-12/21/10 At this time, the Council proceeded with Item #14(5)
Item #11 It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve a Special Use Amendment/Site, Building, Landscaping Review for a proposed demolition of the existing 4,400 sq. ft. Solid Gold McDonalds Restaurant and then construction of a new 5,200 sq. ft. McDonalds Restaurant at 5040 South 76th Street, subject to Plan Commission and staff comments, Tax Key Nos. 617-9975-029 & 617-9975-031
During a discussion, Mr. Masucci addressed the Council.
Mayor Neitzke said he has been informed by the City Attorney that there needs to be separate votes on the approval of the Special Use Amendment even though it is on both agenda items [Public hearing in Item 10 & in Plan Commission Report Item12(11)].
At this time, the Council reverted back to Item #10
The motion was withdrawn.
The Council went back to Item #10 to vote on the motion
It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to approve a Special Use Amendment/Site, Building, Landscaping Review for a proposed demolition of the existing 4,400 sq. ft. Solid Gold McDonalds Restaurant and then construction of a new 5,200 sq. ft. McDonalds Restaurant at 5040 South 76th Street, subject to Plan Commission and staff comments, Tax Key Nos. 617-9975-029 & 617-9975-031.
After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Pietrowski, Akers & Saryan voting yes; Alderperson Kastner voting no.
At this time, Attorney Pyzyk explained the reason the Council is taking each item individually from the public hearing and then under the Plan Commission as opposed to combining the items, is because the public hearing is only for approval of a Special Use Amendment, i.e. construct a second floor. Under the Plan Commission minutes, those items have specific requirements on site, landscape, etc. that need to be incorporated which is why he is asking the Council to take a separate vote on the public hearing portion and then on the item as it appears under the Plan Commission minutes.
Alderperson Kastner said they would look in the future the Council never voted on that item too.
Mayor Neitzke stated he would respect the City Attorney‟s legal opinion and proceed that way, but it would seem to him that if there is a public hearing on an item there doesn‟t necessarily have to be action taken on that item, that if the Plan Commission item is looked at that says approving the special use amendment there could be a concurrent vote because the site, landscaping, building review being approved is contained within the special use amendment as conditions of that approval.
Alderperson Kastner said it would take less time to just do it.
-18743- C.C.-12/21/10 At this time, the Council reverted back to Item #12(13)
Item #13 It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve a Special Use Amendment/Site, Building, Landscaping Review for the purpose of adding a 1,070 sq. ft. second floor to the Kids N‟ Care building at 7424 West Forest Home Avenue, subject to Plan Commission and staff comments, Tax Key #604-9983.
After a discussion, Mayor Neitzke said to be clear the Council is approving the Special Use Amendment to construct a second floor addition to accompany the remodeling of the first floor at Kids N Care located at 7424 West Forest Home Avenue, Tax Key #604-9983, in Item #9 and concurrently including approving a Special Use Amendment/Site, Building, Landscaping Review for the purpose of adding a 1,070 sq. ft. second floor to the Kids N‟ Care building at 7424 West Forest Home Avenue, subject to Plan Commission and staff comments, Tax Key #604-9983, in Item #12(13), both items together.
On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #10
It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to approve a Special Use Amendment/Site, Building, Landscaping Review for the purpose of adding a 1,070 sq. ft. second floor to the Kids N‟ Care building at 7424 West Forest Home Avenue, subject to Plan Commission and staff comments, Tax Key #604-9983.
Mayor Neitzke stated this motion doesn‟t require a roll call because this isn‟t approving the special use amendment which has already been approved. This is just a site, building, landscaping review.
Motion carried unanimously.
At this time, the Council proceeded with Item #11
13. Board of Public Works Meeting held November 23, 2010
It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the following:
Item #5 Request for ditch enclosure from Merlin and Vicky Everson, 4471 South 83rd Street, Tax Key #605-0139-001
Item #6 Request for ditch enclosure from Robert and Clementine Hogan, 4410 South 83rd Street, Tax Key #605-0112
Item #7 Installation of six No Parking signs stating the hours of 7:00 a.m. to 4:00 p.m. on school days on the east side of South 47th Street at various locations across from Edgewood Elementary School, 4711 South 47th Street
-18744- C.C.-12/21/10 Item #11 No Parking on both sides of South 51st Street between West Loomis Road and the South City Limit and to defer a decision on additional street lighting on South 51st Street beyond the West Loomis Road/South 51st Street intersection, Project 2009 #19
On a roll call vote, the motion carried unanimously.
14. Finance & Human Resources Committee Meeting held December 8, 2010
It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following:
Item #3 Fill the position of Clerk-Typist in the Police Department due to a transfer effective December 13, 2010
Item #6 Job description for the position of Part-Time Assistant Court Clerk in the Municipal Court
Item #7 Fill two positions of Part-Time Assistant Court Clerk in the Municipal Court
Item #8 Job description for the position of Part-Time Clerk-Typist in the Parks & Recreation Department
Item #9 Fill the position of Part-Time Clerk-Typist in the Parks & Recreation Department
Item #10 2011/2012/2013 agreement for July 4th fireworks display at Konkel Park with Spielbauer Fireworks Co., Inc. presented, pending review by the City Attorney
Item #11 Job description for the position of Part-Time Public Health Nurse in the Health Department
Item #12 Fill position of Part-Time Public Health Nurse in the Health Department
Item #13 Contract between the State of Wisconsin Department of Health and Family Services and the Greenfield Health Department related to 2011 Consolidated Contract grant funding (January 1, 2011- December 31, 2011), and authorize the Mayor to sign
Item #14 Contract between the State of Wisconsin Department of Health and Family Services and the Greenfield Health Department related to 2010 Cities Readiness Initiative grant funding
Item #15 Contract between the State of Wisconsin Department of Health and Family Services and the Greenfield Health Department related to 2011 Preparedness grant funding (extension for January 1, 2011-August 9, 2011)
Item #16 Contract between the State of Wisconsin Department of Health and Family Services and the Greenfield Health Department related to 2011 Preparedness grant funding (extension for August 10, 2011-December 31, 2011)
Item #17 Renewal of the annual Memorandum of Understanding between the Cudahy WIC Project and the Greenfield Health Department
-18745- C.C.-12/21/10
Item #18 Renewal of the annual agreement between the Cudahy WIC program and the Greenfield Health Department
Item #19 Renewal of the annual agreement between the Cudahy Health Department and the Greenfield Health Department related to categorical block grant funding
Item #20 Resolution amending Resolution No. 3267 to set the salaries and benefits of Non-Represented and Command Staff Employees of the City of Greenfield for 2009-2011 (Park & Recreation Department)
Item #21 Renewal for liability and workers compensation insurance through the League of Wisconsin Municipalities Mutual Insurance for 2011
Item #22 Schedules of disbursements in the amounts of $256,311.88; $495,271.63; $2,319.85 and ($925.10)
Item #23 Mileage reimbursements in the amount of $1,356.30
On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #15(4)
Item #5 It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve filling three vacancies in the Fire Department due to retirements.
During a discussion, Russ Spahn, Fire Chief, addressed the Council.
On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #15(7)
15. Plan Commission Meeting held December 14, 2010
Item #4 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Certified Survey Map for a two acre parcel to be used for a 20,000 sq. ft. medical office building on the northerly portion of the Budget Cinema parcel, 4475 South 108th Street, subject to Plan Commission and staff comments, Tax Key #609-9994-006. On a roll call vote, the motion carried unanimously.
Item #5 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Special Use Review for Vimal Kapila as the new business/property owner of the existing Greenfield 66 gas/convenience store at 4710 South 108th Street, subject to Plan Commission and staff comments, with the understanding that the temporary signage, consisting of a banner and election signage, be removed, Tax Key #613-8995. On a roll call vote, the motion carried unanimously.
-18746- C.C.-12/21/10 Item #6 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a sign waiver to convert the south face of the existing billboard located at 3200 South 103rd Street (Knights of Columbus) from a „static‟ face to an „electronic changeable message‟ face; (Note: the north face conversion was approved in 2008), subject to Plan Commission and staff comments, Tax Key #524-8986-009, incorporating Plan Commission notes and one of the contingencies present at the Plan Commission with regard to an agreement between Knights of Columbus and the sign company.
During a discussion, Chuck Erickson, Community Development Manager, addressed the Council.
On a roll call vote, the motion carried unanimously.
At this time, the Council proceeded with Item #16
Item #7 It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve Site/Building/Landscaping Review as part of a project to remodel the exterior of the former Saturn dealership located at 4141 South 108th Street to Nissan Automotive requirements, subject to Plan Commission and staff comments, Tax Key #566-9960-001.
During a lengthy discussion which included the drainage issue, Kean Kemnitz, 200 Cottonwood Avenue, Hartland, representing Boucher Group and Fred Thomas, 4111 South 108th Street, addressed the Council.
Mr. Sokol requested the approval be conditioned on the following: the cut in the berm as indicated on the drawing that was shown on the north property line be filled and the City require that Boucher install backflow preventing inlets for any of their parking lot inlets that are connected to the Highway 100 storm sewer system in an effort to try to keep any surcharging from Highway 100 or the Root River from filling up the parking lot prematurely so that the only water being captured in the depressed parking lot is the water captured by the parking lot.
The maker of the motion and the seconder agreed.
Therefore, the motion is as follows:
It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve Site/ Building/Landscaping Review as part of a project to remodel the exterior of the former Saturn dealership located at 4141 South 108th Street to Nissan Automotive requirements, subject to Plan Commission and staff comments, Tax Key #566-9960-001, and that the cut in the berm as indicated on the drawing that was shown on the north property line be filled and the City require that Boucher install backflow preventing inlets for any of their parking lot inlets that are connected to the Highway 100 storm sewer system in an effort to try to keep any surcharging from Highway 100 or the Root River from filling up the parking lot prematurely so that the only water being captured in the depressed parking lot is the water captured by the parking lot.
Motion carried unanimously.
The Council proceeded with Item #17
-18747- C.C.-12/21/10 16. City Clerk‟s Report:
After a discussion, it was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, that the Common Council meeting scheduled for February 15, 2011 be held February 16, 2011 if a primary election is held February 15, 2011. If a primary is not needed, the Council meeting will be held on the regular meeting date of February 15, 2011. The Council meeting scheduled for April 5, 2011 will be held April 6, 2011 due to the Spring Election held April 5, 2011. The City Attorney is further directed to prepare an ordinance or resolution so when there is an election, the Common Council meeting or any meeting will be held the day after the election. Motion carried unanimously.
The Council proceeded with Item #9
17. Appointments to various committees and commissions:
No appointments were made. Therefore, the following committee appointments are to be placed on the NEXT AGENDA:
a. Mayor appointments, confirmed by Council:
(1) One member to the Board of Review for a term to expire 5/1/12 (Allen Shutta)
(2) One alternate member to the Community Development Authority for a term to expire 2/19/13 (Patricia Nelson)
b. Mayor appointments
One alternate member to the Zoning Board of Appeals for a term to expire 5/1/12 (Donald Kopp)
18. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to approve the issuance of an operator license to each of the following:
Butschli, John M. (Jr.)-4650 S. 49th St. Holten, Brian R.-10500 S. Shangrila Ct. Kapila, Vinita-4440 S. 117th St. Strunka-Swier, Michelle T.-4243 S. Third St. Towns, Jammie L.-7315 W. Southridge Dr.
Motion carried unanimously.
19. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the issuance of a Class “A” Fermented Malt Beverage License to 4710 LLC, Vimal Kapila, Agt., for the property located at 4710 South 108th Street (first floor and walk-in cooler). Motion carried unanimously.
20. It was moved by Alderperson Lubotsky, seconded by Alderperson Kastner, to approve the issuance of a Temporary “Class B” Retailer‟s License to Slovenian Women‟s Union Branch 43 to sell fermented malt beverages and wine at a Mardi Gras dinner and dance on Saturday, February 26, 2011 from 6:00 p.m. to midnight at 8500 West Cold Spring Road. Motion carried unanimously.
-18748- C.C.-12/21/10
21. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to confirm the Mayor‟s appointment of Patricia Nelson, 4850 South 43rd Street, to Business Improvement District Board #1. Motion carried unanimously.
22. Appointment to Business Improvement District Board #2 by the Mayor, subject to confirmation by the Council is to be placed on the NEXT AGENDA.
23. After a discussion during which Rick Sokol, Director of Neighborhood Services, and Maureen Komisar, representing Bilt-Rite, 5430 West Layton Avenue, addressed the Council, it was moved by Alderperson Kastner, seconded by Alderperson Saryan, to adopt Resolution No. 3366.
RESOLUTION NO. 3366
A RESOLUTION AUTHORIZING IMPROVEMENTS TO CITY AND WISDOT PROPERTY SURROUNDING THE GREENFIELD MUNICIPAL SERVICES CAMPUS AND AMENDING RELATED LAND LEASE, PROJECT 2010 #18
WHEREAS, over the past 5 years the City of Greenfield has invested more than $15 million to provide public facilities at the City‟s Municipal Services Campus (“Campus”) located between I-894 and W. Layton Avenue, S. 52nd Street and S. 54th Street; and
WHEREAS, this Campus is visible and accessible to local residents and visitors; and
WHEREAS, the City of Greenfield conducted a Public Information Meeting with area residents on December 16, 2010 to discuss proposed changes in the Campus area including removal and planting of vegetation intended to improve aesthetics and freeway sound attenuation; and
WHEREAS, the City of Greenfield has previously entered into a long-term land lease agreement to allow a digital billboard to generate non-tax revenue in support of general City operations.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RESOLVED, that the Common Council of the City of Greenfield does hereby endorse a program to improve the aesthetic appearance of the Municipal Services Campus by removing or pruning overgrown trees, planting new trees and shrubs, lowering electric power lines, and lowering a billboard as outlined in the improvement plan and WisDOT permit application; and
RESOLVED, that a net expenditure from the General Fund of up to $85,000 is authorized to implement the site improvement plan; and
RESOLVED, that the Mayor is authorized to sign a land lease amendment with Clear Channel Outdoor that reduces the City‟s guaranteed rent from the billboard generally by 25% per year; and
-18749- C.C.-12/21/10 RESOLVED, that improvements to the site as outlined in the approved improvement plan be completed by April 30, 2011.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
After further discussion, Alderperson Kastner called the question.
Mayor Neitzke asked that the roll be called.
Alderperson Pietrowski called for a point of order. He said he believed the roll had to be called on the Alderperson Kastner‟s call of the question to end debate.
Attorney Pyzyk said he believed the call of the question was to end discussion and vote on the motion.
Alderperson Pietrowski said the Council has to vote on calling the question.
Alderperson Kastner withdrew his call for the question.
On a roll call vote, the motion carried unanimously.
24. After a discussion, it was moved by Alderperson Saryan, seconded by Alderperson Akers, to adopt Resolution No. 3367.
RESOLUTION NO. 3367
A RESOLUTION PROVIDING INPUT AND DIRECTION TO MILWAUKEE COUNTY REGARDING THE RECONSTRUCTION OF WEST COLLEGE AVENUE (CTH „ZZ‟) BETWEEN SOUTH 27TH STREET AND THE WEST CITY LIMIT
WHEREAS, Milwaukee County owns and operates West College Avenue (CTH „ZZ‟) and associated right-of-way which is a border street between the City of Greenfield, City of Franklin, and Village of Greendale, west of South 27th Street; and
WHEREAS, Milwaukee County has established a goal to design the reconstruction of this street in 2011, with right-of-way acquisition to follow in 2012, and construction planned for 2013; and
WHEREAS, Milwaukee County shall pursue a federal and/or state STP grant to pay for eligible expenses; and
WHEREAS, the adjoining municipalities will be asked to pay for specific STP ineligible expenses which would be limited to all or part of street lighting and public sidewalk costs.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
-18750- C.C.-12/21/10
RESOLVED, that the Common Council of the City of Greenfield does hereby endorse a Milwaukee County project to reconstruct CTH „ZZ‟ in Greenfield using federal and/or state STP funds matched by Milwaukee County funds; and
RESOLVED, that the City of Greenfield would prefer the narrowest street cross-section which is supported by sound engineering planning data and STP program policies, would prefer an urban cross-section, would prefer sidewalks with marked pedestrian crosswalks, and would prefer energy-efficient street lighting; and
RESOLVED, that estimated City of Greenfield costs toward STP ineligible sidewalks and street lighting shall be agreed upon by Milwaukee County, Greenfield, Greendale, and Franklin on or before July 1, 2011 with an appropriate sum to be included in the City of Greenfield‟s 2013 capital improvement budget.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
After further discussion, on a roll call vote, the motion carried unanimously.
25. Engineering Division Report:
a. It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to adopt Ordinance No. 2723. ORDINANCE NO. 2723
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
NO PARKING at any time shall be allowed on South 51st Street from the intersection of South 51st Street and West Loomis Road (S.T.H. 36) to a point 457 feet north of the right-of-way centerline of West Grange Avenue, excluding that part located in the Village of Greendale.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
-18751- C.C.-12/21/10 PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
b. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to adopt Ordinance No. 2724.
ORDINANCE NO. 2724
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
Ordinance No. 1867 which prohibits parking on the East side of South 47th Street from the centerline of West Layton Avenue (C.T.H. 'Y') to a point 115 feet south of the centerline of West Layton Avenue (C.T.H. 'Y') is hereby repealed.
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
ORDINANCE NO. 2725
AN ORDINANCE AMENDING SECTION 8.04 OF THE TRAFFIC CODE OF THE CITY OF GREENFIELD
The Common Council of the City of Greenfield do ordain as follows:
-18752- C.C.-12/21/10 PART I. Section 8.04 of the Greenfield Municipal Code is hereby adopted to read as follows:
NO PARKING shall be permitted Monday through Friday between the hours of 7:00 A.M. and 4:00 P.M. on the east side of South 47th Street from a point 160 feet south of the right-of-way centerline of West Layton Avenue (C.T.H. 'Y') to a point 830 feet south of the right-of-way centerline of West Layton Avenue (C.T.H. 'Y').
PART II. The Superintendent of Public Works is hereby directed and authorized to place/remove the appropriate signs to control traffic as indicated above.
PART III. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
26. City Attorney‟s Report:
a. It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to adopt Resolution No. 3368. RESOLUTION NO. 3368
RESOLUTION AMENDING RESOLUTION NO. 3267 TO SET THE SALARIES AND BENEFITS OF NON-REPRESENTED AND COMMAND STAFF EMPLOYEES OF THE CITY OF GREENFIELD FOR 2009-2011
RESOLVED, By the Common Council of the City of Greenfield, that the 2009-2011 resolution to set the salaries and benefits of non-represented and command staff employees of the City of Greenfield for 2009- 2011 is amended as follows:
All non-represented employees in the Parks and Recreation Department have voluntarily agreed to the salary schedule listed below Effective January 1, 2011
Step 1 Step 2 Step 3 Step 4 Step 5 Range/Position Start 1 Year 2 Year 3 Year 4 Year
13 Director of Parks 2,577.75 2,667.97 2,761.36 2,858.00 3,059.05 & Recreation* S. Jaquish
-18753- C.C.-12/21/10
8 Recreation Supv. 2,043.93 2,116.12 2,189.53 2,266.15 2,345.46 B. Ostopowicz R. Vanselow Parks & Facilities Supervisor G. Dawson Senior & Volunteer Services Supv. K. Malecki
5 Admin. Asst. 1,723.73 1,784.04 1,846.47 1,911.12 1,977.99 Park & Rec. S. Meier
*Contract position
ADOPTED ______, 2010 APPROVED ______, 2010
______Susan L. Witon, Deputy City Clerk Michael J. Neitzke, Mayor
On a roll call vote, the motion carried unanimously.
b. Roger Pyzyk, City Attorney, indicated there was no need to go into closed session regarding a resolution of We Energies claim regarding damage to a gas main at 8845 West Dosie Avenue.
c. No action necessary as there was no closed session.
d. Attorney Pyzyk said the Council previously denied We Energies‟ claim which was almost $3,200. He explained the City did an excavation and did strike a gas line which was approximately eight inches out of place but within the tolerance because the tolerance is about 18 inches when marked. He said he and Mr. Sokol met with We Energies and there is a new amount of $2,700 and they are recommending approval of that claim.
It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to pay a claim from We Energies, in the amount of $2,700 relating to a claim by We Energies for damage to a gas main at 8845 West Dosie Avenue.
After a discussion, on a roll call vote, the motion carried unanimously.
27. Items for future agenda - None
-18754- C.C.-12/21/10
28. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adjourn the meeting at 9:40 p.m. Motion carried unanimously.
______Susan L. Witon, Deputy City Clerk
Distributed: January 6, 2011
-18755- C.C.-12/21/10