MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, JANUARY 5, 2010

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1 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, JANUARY 5, 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 Roger Pyzyk City Clerk 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, 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 43 rd Street & West Howard Avenue to South 92 nd Street & West Howard Avenue) has been discontinued. However, she stated there is a van service available for elderly and disabled called ParaTransit ( ), 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 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 C.C.-1/5/10

2 Mardi Gras Gala that will be held Saturday, February 27, 2010 to benefit the Community Center. People may contact the Park & Recreation Department at 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 # 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 108 th 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 S. 44 th St. Hendryx, Amber R W. Fairview Ave. Planas, Jennifer F W. Manitoba St. Crowley, Patrick C.-W192 S6632 Hillendale Dr. Janecke, Ashlee A.-941 E. Eden Pl. 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, Mileage reimbursements in the amount of $ Investments and reinvestments in the amounts of $11,160, and $11,993, November, 2009 financial statement. On a roll call vote, the motion carried unanimously C.C.-1/5/10

3 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 RESOLUTION NO WHEREAS, THE CITY OF GREENFIELD hereby requests financial assistance under s , 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 (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 , 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 43 rd Street, Tax Key No ; also abutting 5325 South 43 rd Street, Tax Key No ; and 5305 South 43 rd Street, Tax Key No , was introduced C.C.-1/5/10

4 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. JG:slw Distributed: January 7, 2010 Jennifer Goergen, City Clerk C.C.-1/5/10

5 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, JANUARY 19, 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 Roger Pyzyk City Clerk 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, 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 C.C.-1/19/10

6 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 57 th 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 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 C.C.-1/19/10

7 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 # Item #5 A Special Use Amendment to shift wall signage square footage to a comparably sized monument sign at NAPA Auto Parts, 4600 South 108 th Street, subject to Plan Commission and staff comments, Tax Key # 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 108 th 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 # , 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, 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 108 th 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 # , 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 C.C.-1/19/10

8 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, and ($1,663.01) Item #10 Mileage reimbursements in the amount of $3, 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, 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 # C.C.-1/19/10

9 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 81 st Street, representing Greater Greenfield Lions Club Jim Sorensen, th Avenue, Band Leader for Mount Olive Denise Collins, 4439 South 38 th 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. 16. Engineering Division Report: The Council proceeded with Item #4 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 RESOLUTION AMENDING PRELIMINARY RESOLUTION NO 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 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 124 th Street from West Cold Spring Road to the South City Limit WHEREAS, said Resolution No includes a list of thirty-two (32) parcels of real estate identified by tax roll key numbers as follows: C.C.-1/19/10

10 WHEREAS, the improvements in South 124 th 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: 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 RESOLUTION NO Resolution to establish furlough days for the City of Greenfield in 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 C.C.-1/19/10

11 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 RESOLUTION NO 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 108 th 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 C.C.-1/19/10

12 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 15 th 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. JG:slw Distributed: January 21, 2010 Jennifer Goergen, City Clerk C.C.-1/19/10

13 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, FEBRUARY 2, 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 Roger Pyzyk Chuck Erickson City Clerk City Attorney Present at 7:05 p.m. 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. 5. Mayor s Report At this time, the Council proceeded with Item #15 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 C.C.-2/2/10

14 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 # Notice of public hearing was published in the City s official newspaper on January 21, 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 108 th Street location, Tax Key # Notice of public hearing was published in the City s official newspaper on January 21, Chuck Erickson, Community Development Manager, presented diagrams of the properties in question. He stated that an initial request for the Walgreens located at South 76 th 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 C.C.-2/2/10

15 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 36 th Street Mayor Neitzke read letters received from the following in opposition: A. Paul Sidhu, 4415 West Loomis Road Michael Karges, 4401 South 50 th 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 # The following registered in favor but did not speak: Mike Sunderlage representing Walgreens, 4688 South 108 th 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 C.C.-2/2/10

16 Item #10 Continue with public input regarding Walgreens at 4688 South 108 th 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 108 th 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 108 th 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 C.C.-2/2/10

17 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 108 th Street location, Tax Key # 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, West Layton Avenue, Tax Key # Notice of public hearing was published in the City s official newspaper on January 21, 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, West Chapman Avenue Holle & Robin Brunette, West Layton Avenue Thomas Young, West Chapman Avenue Jo Ann Timmers, 4631 South 123 rd Street Max Timmers, 4631 South 123 rd Street Lee Timmers, 4631 South 123 rd Street Matt Timmers, 4631 South 123 rd 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 received from Jason & Leslie Long, 4738 South 123 rd 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 116 th Street, in opposition C.C.-2/2/10

18 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, 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, 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, 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, West Layton Avenue, Tax Key # 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: C.C.-2/2/10

19 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 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 # ; the public hearing for a Special Use, requested by Walgreens, to be able to sell beer and wine at their 4688 South 108 th Street location, Tax Key # ; 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, West Layton Avenue, Tax Key # , 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, for the construction of West Morgan Avenue, Project 2002 # C.C.-2/2/10

20 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, for the reconstruction of South 59 th 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 and 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, for street repair, Group A projects in South 31 st 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, for street repair, Group A projects in South 31 st 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, for South 51 st 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 # 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 C.C.-2/2/10

21 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, Item #8 Mileage reimbursements in the amount of $ Item #9 Investments and reinvestments in the amounts of $41,695, and $11,920, 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 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 Premiere Indoor Bike Show Indoor Bike Show February 12 & 13, 2010 Indoor Feb. 12-5:00 p.m.-10:00 p.m. Feb. 13 9:00 a.m.-10:00 p.m. Leprechaun Launch Promotional St. Patty's Day 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: C.C.-2/2/10

22 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. 16a. City Attorney s Report: At this time, the Council proceeded with Item #5 a & b. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to adopt Ordinance Nos and ORDINANCE NO 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... $ 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 C.C.-2/2/10

23 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 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 $ $50,001 to $250,000 $ $250,001 to $500,000 $ $500,001 to $1,000,000 $ Over $1,000,000 $ Restaurant (Plus DHS Administrative Fees) Prepackaged $ Pre-inspection $ Re-inspection $ Simple $ Pre-inspection $ Re-inspection $ Moderate $ Pre-inspection $ Re-inspection $ C.C.-2/2/10

24 Complex $ Pre-inspection $ Re-inspection $ Additional Kitchen Facility $ Retail Food Establishment (Plus DATCP Administrative Fees) (Processing/Sale of Potentially Hazardous Foods) No Processing $ Pre-inspection $ Re-inspection $ Processes less than $100,000 $ Pre-inspection $ Re-inspection $ Processes $100,001 and Over $ Pre-inspection $ Re-inspection $ (b) Temporary Food and Drink Establishments No Processing $ Processing potentially hazardous foods $ Temporary DHS restaurant license $ (Plus State Administrative fee) Retail DATCP food license $ (Plus State Administrative fee) (c) Annual School Kitchen Inspection Fees Full Service Kitchen $ Satellite Kitchen $ Pre-Inspection $ Re-Inspection $ (d) Tattoo and/or Body Piercing Establishments (Plus DHS Administrative Fees) Tattoo or body piercing fee $ Combined tattoo and body piercing fee $ Temporary tattoo or body piercing fee $ Temporary tattoo and body piercing fee $ Pre-inspection $ Re-inspection $ (e) Hotel/Motel Permit (Am. #2405) 5 to 30 rooms $ to 99 rooms $ rooms $ Pre-inspection $ Re-inspection $ (f) Public Swimming Pool Permit (per pool) $ Pre-inspection $ Re-inspection $ (g) Animal Fancier Permit $ Re-inspection $ C.C.-2/2/10