CITY OF GLENDALE -- COMMON COUNCIL June 12, 2017

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1 CITY OF GLENDALE -- COMMON COUNCIL June 12, 2017 Regular meeting of the Common Council of the City of Glendale held in the Municipal Building, 5909 North Milwaukee River Parkway. The meeting was called to order by Mayor Kennedy at 6:01 p.m. Roll Call: Present: Ald. Tomika Vukovic, Jim Daugherty, John C. Gelhard, Richard Wiese, Steve Schmelzling and JoAnn Shaw. Absent: None Other Officials Present: Rachel Reiss, City Administrator; John Fuchs, City Attorney; Tom Czarnyszka, Police Chief, and Andrew Wescott-Barten, Deputy City Clerk. PLEDGE OF ALLEGIANCE. The members of the Common Council, City staff and all those present pledged allegiance to the flag of the United States of America. OPEN MEETING NOTICE. The City Administrator advised that in accordance with the Open Meeting Law, the local news media was advised on Thursday, June 8, 2017, of the date of this meeting; that the agenda was posted on the official bulletin board of City Hall, the Glendale Police Department, and the North Shore Library; that copies of the agenda were made available to the general public in the Municipal Building and the Police Department, and those persons who requested, were sent copies of the agenda. ADOPTION OF COUNCIL MINUTES. Ald. Vukovic stated there should be a correction made on the vote for the Application for Class B beer license filed by Nicolet High School District for the Richard E. Maslowski Community Park. The minutes reflect that Ald. Vukovic voted yes and should be corrected to her have voted no. Motion was made by Ald. Gelhard, seconded by Ald. Daugherty, to approve the minutes of the meeting held on May 22, 2017 with the stated correction. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried PUBLIC COMMENT: Robert Cronwell of 7530 N. Applewood Ln. commented on how wonderful the Veterans Memorial dedication went on Friday June 9 th at Richard E. Maslowski Community Park and thanked the City for doing a great job. COMMUNICATIONS, APPLICATIONS AND PETITIONS: I. Communication from City Services Director Dave Eastman, re: Bid results and 14740

2 award of contract to Buteyn-Peterson Construction Company, Inc. for water main replacement and street resurfacing (N. Ironwood Lane, N. Elm Tree Road, and W. Elmwood Lane). Project Numbers 532-W-17 and 532-B-17. Administrator Reiss stated there were five bids for the project with Buteyn-Peterson Construction Company being the low bid at $683, This company has performed similar construction projects in Glendale before and the City has been pleased with their work. Based upon the recommendation of the City Services Director, motion was made by Ald. Gelhard, seconded by Ald. Daugherty, to accept the low bid and award of contract to Buteyn-Peterson Construction Company, Inc. for Green Tree Valley water main replacement and street resurfacing (N. Ironwood Lane, N. Elm Tree Road, and W. Elmwood Lane) in the amount of $683, On Roll Call: Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried II. Communication from City Services Director Dave Eastman, re: Compliance Maintenance Annual Report to DNR and Resolution Number 17-9 Administrator Reiss stated this report and resolution will be presented to the Council on an annual basis. The Compliance Maintenance Annual Report showed that Glendale s grade was an A on the report. Based upon the recommendation of the City Services Director, motion was made by Ald. Daugherty, seconded by Ald. Schmelzling, to place the Compliance Maintenance Annual Report to the DNR on file and approve Resolution Number Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried III. Application for Special Gathering Permit filed by Bavarian Soccer Club City Administrator Reiss commented that the Special Gathering Permit filed by the Bavarian Soccer Club for July 8-9, 12, 21-22, and 29-30, 2017 from 6:00 PM to 9 PM is similar to those approved in years passed and all background checks have been approved by the Police Department. Motion was made by Ald. Gelhard, seconded by Ald. Vukovic, to approve the application for Special Gathering Permit filed by the Bavarian Soccer Club as presented. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling, and Shaw. Noes: None. Absent: None. Motion carried IV. Application for Special Gathering Permit for Glendale Fourth of July Celebration Motion was made by Ald. Gelhard, seconded by Ald. Vukovic, to approve the application for Special Gathering Permit for Glendale Fourth of July Celebration. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried 14741

3 V. Applications for Used Car Dealer and Secondhand/Pawnbrokers Licenses Administrator Reiss stated these licenses are cyclical beginning on July 1, 2017 and ending June 30, Background checks have been completed by the Police Department. Motion was made by Ald. Wiese, seconded by Ald. Daugherty, to approve the Renewal Applications for all Used Vehicle & Parts Dealer s and Pawnbrokers, Secondhand Article & Secondhand Jewelry Dealers Licenses, for the period beginning July 1, 2017 & ending June 30, 2018 as submitted. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried UNFINISHED BUSINESS: VI. Discussion and Action on Planned Development Agreement-1633 West Bender Road Attorney Fuchs stated the Planned Development Agreement is straight forward. There is no municipal participation in the agreement. The developer is granted to build the way they planned it. The attorney of David Hobbs Honda requested the language be changed from car automobile storage to motor vehicle parking storage and display. Attorney Fuchs did not see any issues with that change of language. Ald. Schmelzling asked if the project was planned this way. Attorney Fuchs responded yes. Ald. Daugherty stated that he was unpleased with the grass not being cut on the front of the property and doesn t comply with property maintenance codes. Administrator Reiss stated that Collin Johnson has notified the developers of the issue it will be resolved. If they don t, the City will contract a landscape company to cut the grass and bill the developers for the service. Motion was made by Ald. Wiese, seconded by Ald. Gelhard, to approve the Planned Development Agreement with Bender Townhomes and David Hobbs Honda with the change of language requested by the attorney of David Hobbs Honda. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried VII. Discussion and Action on Planned Development Agreement-7800 North Green Bay Avenue Motion was made by Ald. Daugherty, seconded by Ald. Gelhard, to approve the Planned Development Agreement with Silverado North Shore as presented. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried 14742

4 VIII. Review and approval of revisions to the Employee Handbook Administrator Reiss stated the current Employee Handbook was approved by the Council on September 9, 2013 and last revised August 22, Periodically, the handbook is reviewed by staff to ensure the integrity of the document. The change to health insurance coincides with the latest Labor Association Glendale Professional Police Officers Association contract. The changes to the holidays reflect the understanding that not all employees would like Good Friday off. Some employees may prefer to celebrate another holiday not reflected in the manual. Allowing employees a floating holiday allows them to choose their time off. Motion was made by Ald. Schmelzling, seconded by Ald. Gelhard, to approve the revisions to the City of Glendale Employee Handbook Shore as presented. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried IX. Update on Personal Property Tax Collection- Avaya Inc. Attorney Fuchs briefly informed the Council on how personal property taxes work pertaining to businesses. In many cases they are small tax bills but if not collected, the City is not made whole by the County like real estate taxes. In the case of Avaya Inc., the personal property tax bill was $92, The South Eastern Federal District Court in the State of New York ordered the amount to be paid. Mayor Kennedy asked if this money was budgeted for in our current year revenues. Administrator Reiss stated yes this was budgeted revenue. If the revenue is not collected, it is turned over to the City Attorney to pursue. X. Update on the progress at the Richard E. Maslowski Community Park Administrator Reiss stated this was the last council meeting until the grand opening at Richard E. Maslowski Community Park. The Veterans Memorial dedication that took place last Friday June 9 th went well with the exception with having an issue with the lights at the end. The light issue will be resolved before the grand opening. With Nicolet High School unable to assist with the beer garden, it will be the City s responsibility to staff and maintain the beer garden. There will be a soft opening to the park on Thursday and Friday, June 22 and 23 with the grand opening on Saturday, June 24 to follow. Attorney Fuchs added that the city is allowed to operate a beer garden under the governing of the City Council. He will follow up with the Department of Revenue to confirm all the details on the City s ability to serve. Administrator Reiss also stated staff is working on an interim agreement with Nicolet High School. She is hopeful a Agreement will be on the next Common Council Agenda

5 NEW BUSINESS: XI. Schedule Public Hearing for July 10, 2017: Vacation and Discontinuing of Right of Way Reserved for Cul de Sac as Created by CSM 8772 Ald. Wiese asked if the developer needs to go through another public hearing with the stated property since they have been through multiple public hearings already. Attorney Fuchs stated the a public hearing is mandated by the State for this action. There should not be a lot of opposition to this action. Motion was made by Ald. Wiese, seconded by Ald. Gelhard, to schedule a public hearing for July 10, 2017 at 6:00 p.m. to review the Vacation of Discontinuing of Right of Way Reserved for Cul de Sac as Created by CSM Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried XII. Schedule Public Hearing for July 10, 2017: Vacation and Discontinuing of Alley Reservation for 4655 N. Port Washington Road Attorney Fuchs stated the land in question is labeled as an alley but never has been utilized as an alley. This hearing to vacate the alley would officially make the land not an alley. Motion was made by Ald. Wiese, seconded by Ald. Gelhard, to schedule a public hearing for July 10, 2017 at 6:00 p.m. to review the Vacation of Discontinuing of Alley Reservation for 4655 N. Port Washington Road. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried XIII. Schedule Public Hearing for July 10, 2017: Change Zoning Code text regulation pertaining to parking use within the B-1, H1 District, 7575 N. Port Washington Road Motion was made by Ald. Gelhard, seconded by Ald. Daugherty, to schedule a public hearing for July 10, 2017 at 6:00 p.m. to review the Application to change Zoning Code text regulation pertaining to parking use within B-1, H1 District. XIV. Request for Proposal: Update of the City s Vision Plan Administrator Reiss stated in 2001, the City of Glendale Visioning Committee developed the Glendale 2021-Our Vision Pan. This plan as well as The Comprehensive Plan was utilized to develop the City of Glendale Smart Growth Update as it relates to the Comprehensive Plan as required by State Statute. Attached is Request for Proposal to hire a consultant to assist the City in updating the Vision Plan. This would be the first step in the process of updating the City s Smart Growth Plan. Motion was made by Ald. Schmelzling, seconded by Ald. Gelhard, to authorize staff to distribute the Request for Proposal for the Update of the City Vision Plan as presented. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried 14744

6 XV. Request for Proposal (RFP): Review and Analysis of Milwaukee River Hydraulic Analyses Administrator Reiss stated the attached RFP was drafted at the request of the Common Council after discussions relating to the City possibly seeking its own independent hydraulic analysis of the Milwaukee River. The RFP addresses the concerns outlined during Council discussion including an independent analysis of both the existing SEWRPC analysis and the more recent AECOM analysis. Ald. Schmelzling requested this item to be postponed until the next meeting to give Council members an opportunity to read through the RFP. Motion was made by Ald. Schmelzling, seconded by Ald. Daugherty to postpone approval of the RFP for Review and Analysis of Milwaukee River Hydraulic Analyses until the next Common Council Meeting on Monday June 26, Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried XVI. Jelinski. Proclamation Declaring August as Children s Vision and Learning Month Ald. Shaw asked who requested this proclamation. Administrator Reiss stated Kim Motion was made by Ald. Gelhard, seconded by Ald. Schmelzling, to place this proclamation on file. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried XVII. Resolution in Support of The Paris Agreement Mayor Kennedy stated this resolution has the same language as other resolutions passed by over 150 cities across the United States to take action against climate change. He also presented a statement from Johnson Controls showing support for the resolution. Discussion ensued among Council members and Mayor Kennedy regarding the proposed resolution. Ald. Daugherty, Wiese, and Shaw expressed concern about the resolution involving the City in national and world politics and unfunded mandates to making City Hall operate 100% on renewable energy. While supporting action against climate change, they were in favor of taking action on a local level. Ald. Vukovic, Gelhard, and Schmelzling showed support for the resolution. They stated if opposing Council members agree with the ideas to act against climate change, they should support the resolution

7 Attorney Fuchs stated the resolution is an intent and objective document that shows the City s support to act against climate change but does not present any legal pitfalls. Motion was made by Ald. Gelhard, seconded by Ald. Schmelzling, to adopt the Resolution in Support of The Paris Agreement. On Roll Call Vote Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried APPROVAL OF ACCOUNTS PAYABLE Motion was made by Ald. Gelhard, seconded by Ald. Wiese, to approve the accounts payable register dated June 12, 2017 for check numbers to totaling $214,582.39, and for prepaid checks numbered 1157 to 1175 and to totaling $5,934,193.46, and the water utility accounts payable register dated June 12, 2017 for check numbers 6049 to 6053 totaling $200,030.97, and for prepaid checks numbered 6037 to 6047 totaling $47, On Roll Call: Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling, and Shaw. Noes: None. Absent: None. Motion carried COMMISSION, COMMITTEE AND BOARD REPORTS. There were several updates from Council members on the activities of the various Commissions, Committees and Boards they serve on. CLOSED SESSION. Motion was made by Ald. Gelhard, seconded by Ald. Wiese, to convene in Closed Session per Section 19.85(1)(g) of the Wisconsin Statutes to confer with legal counsel concerning strategy to be adopted with respect to litigation in which the City is or is likely to become involved; (Mediation of Leitner Health Insurance Litigation). Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling, and Shaw. Noes: None. Absent: None. Motion carried Motion was made by Ald. Wiese, seconded by Ald. Gelhard, to reconvene to Open Session. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling, and Shaw. Noes: None. Absent: None. Motion carried REPORT OUT OF CLOSED SESSION. Motion was made by Ald. Gelhard, seconded by Ald. Wiese, to approve the agreement presented in closed session. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling, and Shaw. Noes: None. Absent: None. Motion carried ADJOURNMENT. There being no further business, motion was made by Ald. Wiese, seconded by Ald. Schmelzling, to adjourn the meeting. Ayes: Ald. Vukovic, Daugherty, Gelhard, Wiese, Schmelzling and Shaw. Noes: None. Absent: None. Motion carried unanimously and adjournment of the Common Council was ordered at 7:35 p.m. until Monday, June 26, 2017 at 6:00 p.m

8 Andrew Wescott-Barten Deputy City Clerk Recorded: June 14,