MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, JANUARY 15, 2013

Transcription

1 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, JANUARY 15, 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 Community Development Manager 2. An opening prayer was given by Pastor Steve Rogers. 3. Pledge of Allegiance 4. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve the December 18, 2012 Common Council minutes, as amended by including the following under Item #11(8), as requested by Alderperson Kastner, without objection. Alderperson Lubotsky indicated if the ordinance is adopted [ repealing Ordinance No and creating an ordinance regarding the salaries and expense allowances of the Mayor and Alderpersons,] she will not accept a $600 raise. After a discussion, the motion carried unanimously. 5. Mayor s Report a. Mayor Neitzke thanked the Police Department for helping the City of Wauwatosa following a tragedy in Wauwatosa. Mayor Neitzke stated the Mayor of Wauwatosa was incredibly grateful to all the agencies that assisted them so the Wauwatosa police officers could attend the service for their fallen officer. 6. Aldermanic Reports - None 7. Announcements Mayor Neitzke presented a Certificate of Appreciation to Roger C. Pyzyk who has actually worked for the City longer than 30 years and has been City Attorney for the City of Greenfield for 30 years as of January 18, He has served the City without a raise for a very, very long time. Roger Pyzyk has also served Greenfield as City Prosecutor for 39 years. At this time, the Council proceeded with Item # C.C.-1/15/13

2 8. Citizen Commentary - None 9. Public hearing for approval of a Special Use Amendment, requested by Boucher Nissan, 4141 South 108 th Street, to expand their vehicle display/storage area/parking lot onto the adjacent parcel at 4201 South 108 th Street, Tax Key Nos and Notice of hearing was published in the City s official newspaper on January 3, Chuck Erickson, Community Development Manager, presented diagrams of the property in question. As part of the request, there is a desire to retain the shed/garage on the property. He added staff has had some communication with the engineering firm on behalf of Boucher Nissan regarding the overall improvement, however, the basic item before the Council this evening is the idea of expanding the Boucher Nissan dealership onto the property at 4201 South 108 th Street. The details regarding site and landscaping elements will be discussed at a later date and there will still be a need for a certified survey map to combine the parcel. The Plan Commission had a favorable recommendation regarding the proposal. Chad Kemnitz, 300 Cottonwood Ave., Hartland, and Tony Karabon, 4141 South 108 th Street, representing the Boucher Group were present to answer any questions. Mike, Manager of Ken Michaels Furniture, contacted Mr. Erickson to register in favor of the proposal, but has natural concerns about storm water drainage. Mayor Neitzke received an through Alderperson Kastner from Kent Bieganski, West Cold Spring Road, who registered against the proposal because he feels demolishing the current structure in favor of yet another car lot is a bad idea. He said the current building has been there since the 1950s and to him is almost a landmark. Mayor Neitzke stated there is a very significant storm water project west of this site that involves trying to address some of the flooding issues that have occurred as the result of the large quantities of water that come down Wildcat Creek. It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to close the public hearing. Motion carried unanimously. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve a Special Use Amendment, requested by Boucher Nissan, 4141 South 108 th Street, to expand their vehicle display/storage area/parking lot onto the adjacent parcel at 4201 South 108 th Street, Tax Key Nos and After a discussion, on a roll call vote, the motion carried with Alderpersons Lubotsky, Kastner, Akers & Saryan voting yes; Alderperson Pietrowski voting no C.C.-1/15/13

3 10. Public hearing for approval of a Special Use to open a jewelry retail sales and repair business, including the buying/trading/upgrading of used jewelry at 6205 South 27 th Street which is the small building at the northeast corner of the Greenfield Emporium Square shopping center, Tax Key # Notice of hearing was published in the City s official newspaper on January 3, Mayor Neitzke stated the public hearing is open, however, based on discussions he has had with the City Attorney and on discussions the City Attorney has had with the applicant, he entertained a motion to recess the public hearing until the next Common Council meeting. It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to recess the public hearing until the next Common Council meeting. During a discussion, Alderperson Kastner expressed a concern that those who were notified of the hearing for this evening would not know it was recessed to another date. Attorney Pyzyk stated that although there was a notice for a public hearing this evening for approval of a Special Use to open a jewelry retail sales and repair business, including the buying/trading/ upgrading of used jewelry at 6205 South 27 th Street which is the small building at the northeast corner of the Greenfield Emporium Square shopping center, Tax Key # , there is no one virtually in the audience in response to this other than the applicant and the applicant s interpreter. On a roll call vote, the motion carried unanimously. 11. Plan Commission Meeting held January 8, 2013 At this time, the Council proceeded to Item #18 Item #4 It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve a Site & Building Review/Special Use Amendment for exterior building changes at Red Lobster, 4645 South 76 th Street, consider this a minor change not needing a public hearing, subject to Plan Commission and staff comments, Tax Key # On a roll call vote, the motion carried unanimously. 12. Finance & Human Resources Committee Meeting held January 9, 2013 After a discussion, it was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve the following: Item #3 Fund transfers among projects within the Engineering Division s capital improvement account group Item #4 Municipal Court entering into a contract with Stark Collection Agency, subject to a change being made as requested by the City Attorney C.C.-1/15/13

4 Item #5 Entering into a contract with New Dawn Technologies, Inc. to purchase an API for interface between Police and Court Software, and training for Court Justware JDA document software Item #6 Fill two positions of Laborer in the Public Works Division Item #7 Filling the position of Part-Time Clerk in the Finance Department due to a vacancy Item #8 Investments and reinvestments in the amount of $14,371, and $8,472, Item #9 Schedules of disbursements in the amounts of $198,486.85; $115,057.13; $514,892.69; $631,258.14; $258, and ($549.84) Item #10 Mileage reimbursements in the amount of $2, Item #11 Accept November 2012 financial statement Item #16 Hiring a Firefighter due to a vacant position in the Fire Department On a roll call vote, the motion carried unanimously. 13. City Clerk s Report: It was moved by Alderperson Saryan, seconded by Alderperson Lubotsky, to adopt Resolution No RESOLUTION NO RESOLUTION APPOINTING ADDITIONAL ELECTION OFFICIALS FOR WHEREAS, Wis. Stats. 7.30(4)(a) require the governing body to appoint Election Officials no later than the last regular meeting in December of each odd-numbered year for the election cycle; and WHEREAS, appointments were made at that time, but it has become necessary to appoint additional Election Officials 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 Election Officials for the election cycle. ADOPTED, 2013 APPROVED, 2013 Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor On a roll call vote, the motion carried unanimously C.C.-1/15/13

5 14. Appointments to various committees and commissions: Mayor appointments, confirmed by Council: It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to confirm the Mayor s appointment of Julie Degaro, 8217 West Waterford Avenue, as a member to the Fire & Police Commission for a term to expire May 1, After a discussion, on a roll call vote, the motion carried unanimously. The following 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 5/1/17 (Allen Shutta) (2) One alternate member to the Community Development Authority for a term to expire 2/19/13 (Robert Selin) (3) One member of Business Improvement Board #1 for a term to expire 2/17/14; at-large position (Patricia Nelson) (4) One member of Business Improvement Board #2 for a term to expire 2/17/15; at-large position (Julio Maldonado) b. Mayor appointments: (1) One alternate member to the Zoning Board of Appeals for a term to expire 5/1/15 (Donald Kopp) (2) One alternate member to the Plan Commission for a term to expire 5/1/15 (Brad Sponholz) (Note: Becky Rupel was appointed 9/18/12 to fill this position but has not been sworn in and has declined the appointment) 15. It was moved by Alderperson Akers, seconded by Alderperson Lubotsky, to approve the issuance of an operator license to each of the following: Nafzger, Dawn M W. Ramsey Ave. Schutte, Carmen M Diane Dr. Sell, Kristin R S. Moorland Rd. Schultz, Mindy S.-W198 S8539 Bendingbrae Dr. Seavers, Jessica L W. Manitoba St. Urbanek, Benjamin C E. Bolivar Ave. Motion carried unanimously. 16. Application for a Secondhand Jewelry Dealer license received from Corona Jewelry II, LLC for the property located at 6205 South 27 th Street (Corona Jewelry) is to be placed on the NEXT AGENDA C.C.-1/15/13

6 16a. 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 the 10 th Annual Premier Indoor Custom Bike Show on Friday, January 25, 2013 from 3:30 p.m. to 10:00 p.m. and Saturday, January 26, 2013 from 9:00 a.m. to 10:00 p.m. at 6221 West Layton Avenue. Motion carried unanimously. At this time, the Council proceeded with Item #17a 17. After a discussion, it was moved by Alderperson Kastner, seconded by Alderperson Akers, to enter into a Green Infrastructure Partnership Program Funding Agreement with Milwaukee Metropolitan Sewerage District (MMSD) to fund a portion of the City Hall parking lot reconstruction project. After a discussion, on a roll call vote, the motion carried unanimously. At this time, the Council proceeded with Item #9 17a. After a discussion during which Brad Wentlandt, Chief of Police, addressed the Council, it was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to fill a police officer position due to a resignation. On a roll call vote, the motion carried unanimously. 18. City Attorney s Report: At this time, the Council proceeded with Item #17 a. 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 7:34 p.m. for the following: Considering licensure, social or personal history, or medical information for purposes of issuing an operator license to Deborah A. Daniels On a roll call vote, the motion carried unanimously. b. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to adjourn closed session and reconvene into open session at 7:46 p.m. Motion carried unanimously. c. It was moved by Alderperson Lubotsky to deny the issuance of an operator license to Deborah A. Daniels, 6037 West Lapham Street. Motion died for lack of a second. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to approve the issuance of an operator license to Deborah A. Daniels, 6037 West Lapham Street. Motion carried with Alderperson Lubotsky voting no. 19. Items for future agenda Paramedic contract with Milwaukee County C.C.-1/15/13

7 20. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adjourn the meeting at 7:48 p.m. Motion carried unanimously. JG:slw Distributed: January 18, 2013 Jennifer Goergen, City Clerk C.C.-1/15/13

8 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, FEBRUARY 5, 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 Rick Sokol Chuck Erickson City Clerk City Attorney Director of Neighborhood Services Community Development Manager 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 January 15, 2013 Common Council minutes, as recorded. Motion carried unanimously. 5. Mayor s Report Mayor Neitzke announced that a dear friend of the City, Dorothy Seeley, passed away. He added that she has been involved in the City for a very long time. She was very generous with the proceeds from the United Senior Center on West Forest Home Avenue, was involved in the annual Memorial Day festivities, she founded Bicentennial Park in Aldermanic Reports - None 7. Announcements - None 8. Citizen Commentary - None 9. Recessed public hearing for approval of a Special Use to open a jewelry retail sales and repair business, including the buying/trading/upgrading of used jewelry at 6205 South 27 th Street which is the small building at the northeast corner of the Greenfield Emporium Square shopping center, Tax Key # (hearing recessed at January 15, 2013 Council meeting) It was noted that the applicant was not in attendance C.C.-2/5/13

9 Chuck Erickson, Community Development Manager, said the applicant was in attendance at the last Council meeting when the public hearing was recessed to this evening s meeting. Mr. Erickson said he hasn t talked with the applicant since the January 15, 2013 Council meeting. Roger Pyzyk, City Attorney, suggested the Council proceed with the remainder of the items on the agenda to see if the applicant will arrive during the meeting. The Council proceeded with Item #10 Attorney Pyzyk recommended that Items 9 & 13 be placed on the NEXT AGENDA and that Chuck Erickson, Community Development Manager, contact the applicant and advise the applicant that if they do not attend the next Council meeting, the items will be removed from the agenda. See Item #13 for NEXT AGENDA note 10. Board of Public Works Meeting held January 22, 2013 Item #11 Approve the installation of a three-way stop sign at South 64 th Street and West Plainfield Avenue with a traffic study being performed before and after the installation was referred to the MARCH 5, 2013 COUNCIL AGENDA Item #9 It was moved by Alderperson Lubotsky, seconded by Alderperson Pietrowski, to approve a resolution to release and extinguish the storm sewer and drainage easement from the property at 9744 West Plainfield Avenue, Tax Key # On a roll call vote, the motion carried unanimously. 11. Appointments to various committees and commissions: a. Mayor appointments, confirmed by Council: (2) It was moved by Alderperson Pietrowski, seconded by Akers, to confirm the Mayor s appointment of Robert Selin, 5621 South 45 th Street, and Troy Chowanec, 5420 South Honey Creek Drive, as alternate members to the Community Development Authority for a term to expire February 19, Motion carried unanimously. Per the Mayor s request, it was moved by Alderperson Kastner, seconded by Alderperson Akers, to reconsider the appointment of Robert Selin, 5621 South 45 th Street, and Troy Chowanec, 5420 South Honey Creek Drive, as alternate members to the Community Development Authority for a term to expire February 19, Motion carried unanimously. It was moved by Alderperson Kastner, seconded by Alderperson Saryan, to confirm the Mayor s appointment of Robert Selin, 5621 South 45 th Street, as an alternate member to the Community Development Authority for a term to expire February 19, Motion carried unanimously C.C.-2/5/13

10 (5) It was moved by Alderperson Kastner, seconded by Alderperson Akers, to confirm the Mayor s reappointment of James Hodson, 4928 South Imperial Circle, and appointment of Troy Chowanec, 5420 South Honey Creek Drive, as regular members to the Community Development Authority for a term to expire February 19, Motion carried unanimously. The following 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 5/1/17 (Allen Shutta) (2) One alternate member to the Community Development Authority for a term to expire 2/19/17 (Troy Chowanec) (3) One member of Business Improvement Board #1 for a term to expire 2/17/14; at-large position (Patricia Nelson) (4) One member of Business Improvement Board #2 for a term to expire 2/17/15; at-large position (Julio Maldonado) b. Mayor appointments: (1) One alternate member to the Zoning Board of Appeals for a term to expire 5/1/15 (Donald Kopp) (2) One alternate member to the Plan Commission for a term to expire 5/1/15 (Brad Sponholz) (Note: Becky Rupel was appointed 9/18/12 to fill this position but has not been sworn in and has declined the appointment) 12. It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the issuance of an operator license to each of the following: Malo, Ashley J S. 51 st St. Stansfield, Laura J N. 107 th St. Mathe, Taylor C th Ave. Motion carried unanimously. At this time, the Council proceeded with Item # Application for a Secondhand Jewelry Dealer license received from Corona Jewelry II, LLC for the property located at 6205 South 27 th Street (Corona Jewelry) This item was referred to the NEXT AGENDA. At this time, the Council proceeded with Item # C.C.-2/5/13

11 14. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, 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 Leprechaun Launch St. Patrick s Day March 16, 2013 Indoor 9:00 a.m.-4:00 p.m. Celebration Spring Bike Show Bike Show May 18, 2013 Outdoor 9:00 a.m.-7:00 p.m. Men s Shopping Night Customer Appreciation December 12, 2013 Indoor 6:00 p.m.-9:00 p.m. Motion carried unanimously. 15. It was moved by Alderperson Akers, 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 and wine at the Harley-Davidson 110 th Anniversary Celebration to be held outdoors at the area covered by the 110 th Anniversary Temporary Use Permit (6221 West Layton Avenue) from 9:00 a.m. to 9:00 p.m. on August 28, 2013 through September 2, Motion carried unanimously. 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 Ladies Shopping Night held indoors at House of Harley-Davidson, 6221 West Layton Avenue, on December 5, 2013 from 6:00 p.m. to 9:00 p.m. Motion carried unanimously. 17. After a discussion, it was moved by Alderperson Pietrowski, seconded by Alderperson Lubotsky, to fill the position of Assessment Clerk in the Assessor s Office due to a resignation. Motion carried unanimously. 18, 19 & 20. It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve the following: Investments and reinvestments in the amounts of $14,373, and $10,788, Schedules of disbursements in the amounts of $144,315.42; $161,072.49; $277,666.38; $25,950.30; $162,149.14; $18,343.75; $21,518.06; $29,218.40; $27,049.17; $31,511.28; $20,379.49; $31,675.56; $34,382.24; $29,671.69; $736.50; $57, and $7, Mileage reimbursements in the amount of $1, On a roll call vote, the motion carried unanimously. 20a. After a discussion, during which Fire Chief Jon Cohn was present, it was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to approve the Emergency Medical Services Agreement for Paramedic Services between Milwaukee County Department of Health and Human Services and the City of Greenfield, subject to the review of the City Attorney. On a roll call vote, the motion carried unanimously. At this time, the Council reverted back to Item # C.C.-2/5/13

12 21. City Attorney s Report: a. 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 7:32 p.m. for the following: Considering licensure, social or personal history, or medical information for purposes of issuing an operator license to Steven C. Moser On a roll call vote, the motion carried unanimously. b. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to adjourn closed session and reconvene into open session at 7:43 p.m. Motion carried unanimously. c. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve the issuance of an operator license to Steven C. Moser, 7324 West Imperial Drive. Motion carried unanimously. 22. Items for future agenda None 23. It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to adjourn the meeting at 7:48 p.m. Motion carried unanimously. JG:slw Distributed: February 7, 2013 Jennifer Goergen, City Clerk C.C.-2/5/13

13 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON WEDNESDAY, FEBRUARY 20, The meeting was called to order by Mayor Neitzke at 7:13 p.m. ROLL CALL: Alderperson Lubotsky Excused Alderperson Pietrowski Present Alderperson Kastner Present Alderperson Akers Present Alderperson Saryan Present Mayor Neitzke Present ALSO PRESENT: Jennifer Goergen Roger Pyzyk Rick Sokol Chuck Erickson City Clerk City Attorney Director of Neighborhood Services Community Development Manager 2. There was no opening prayer. 3. Pledge of Allegiance 4. It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to approve the February 5, 2013 Common Council minutes, as recorded. Motion carried unanimously. 5. Mayor s Report Mayor Neitzke indicated he will be unable to attend the Annual Park & Recreation Awards Banquet on February 22, 2013 due to a commitment at Elm Dale Elementary School. Items 6, 7 & 8 were not taken up 6. Aldermanic Reports 7. Announcements 8. Citizen Commentary At this time, the Council proceeded with Item #9 9. Public hearing for a proposed amendment to the Comprehensive Land Use Plan, adopted in 2008, to correctly identify the size of the area to be amended on the Comprehensive Land Use Plan map for the northwest corner of Arlington Cemetery, 4001 South 27 th Street, by including an additional 11.4 acres to the 5.1 acres approved by the Common Council on 12/4/12, so the corrected overall size is 16.5 acres changed from Mixed Residential to Community Facilities, with the balance of the 100 acre Arlington Cemetery parcel designation of Community Facilities remaining unchanged, and no rezoning is necessary, Tax Key # Notice of public hearing was published in the City s official newspaper on January 17, C.C.-2/20/13

14 Mayor Neitzke explained that there was an error in the notice for the initial public hearing held December 4, 2013 with regard to the size description. He said the hearing held this evening is purely an action to correct that issue. Chuck Erickson, Community Development Manager, presented diagrams of the property in question. He said the public hearing notice is the explanation of what has occurred with regard to the discrepancy in size of land that is involved. Mr. Erickson said this will make the correction to the precise size of acreage. The Plan Commission had a favorable recommendation on this matter. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to close the public hearing. Motion carried unanimously. It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve an amendment to the Comprehensive Land Use Plan, adopted in 2008, to correctly identify the size of the area to be amended on the Comprehensive Land Use Plan map for the northwest corner of Arlington Cemetery, 4001 South 27 th Street, by including an additional 11.4 acres to the 5.1 acres approved by the Common Council on 12/4/12, so the corrected overall size is 16.5 acres changed from Mixed Residential to Community Facilities, with the balance of the 100 acre Arlington Cemetery parcel designation of Community Facilities remaining unchanged, and no rezoning is necessary, Tax Key # On a roll call vote, the motion carried unanimously. At this time, the Council proceeded to Item # Recessed public hearing for approval of a Special Use to open a jewelry retail sales and repair business, including the buying/trading/upgrading of used jewelry at 6205 South 27 th Street which is the small building at the northeast corner of the Greenfield Emporium Square shopping center, Tax Key # (hearing recessed at January 15, 2013 Council meeting) (C.C. 2/5/13) Chuck Erickson, Community Development Manager, presented diagrams of the property in question. He stated the applicant, Guillermo Guerrero is present with an assistant to help him in his presentation. Mr. Erickson said the recommendation from the staff to the Plan Commission was to deny this matter and the recommendation from the Plan Commission was to deny the proposal as well. Mr. Erickson said the basis of the denial is not so much the nature of the business but the applicability of it working at the particular small site as a jewelry store. Mr. Erickson stated a couple of years ago, there was a jewelry repair business at that site and it evolved into an issue where the sales of product was causing issues with law enforcement. That is part of the staff recommendation relating to the negative recommendation. Mayor Neitzke stated one important comment from the Plan Commission is that the primary purpose of the business is to buy gold and jewelry. It is not a retail building where anyone can walk into the building. It was formerly a drive-thru coffee shop so the proposed business would be a type of business to drive-thru where jewelry and gold is sold. While there was discussion about jewelry retail sales and repair business, it was clear that based on what the applicant said at the Plan Commission meeting, that there is very little repair and retail sale. It is mostly the purchasing of gold and jewelry C.C.-2/20/13

15 Guillermo Guerrero, 6205 South 27 th Street, and Evelyn Agosto, 1770 South Muskego Avenue with Emprexel LLC were present. She stated she is not connected with Mr. Guerrero s business; she is just translating. Ms. Agosto said she has talked with Mr. Guerrero and what he wants to express to the Council is that he has already signed a lease for the location in question. Ms. Agosto said she explained all the documentation that has been received from the City of Greenfield and at this point, Mr. Guerrero is basically asking for an opportunity, maybe a short-time frame, where the permit can be approved because he already owns a business like this in the City of Milwaukee and he has not had any problems for the past three years. Mr. Guerrero has already invested and tonight he is asking for an opportunity for the Council to review the request. She said he understands what has happened in the past. At the request of the City Attorney, Ms. Agosto stated Mr. Guerrero s home address is 7816 West Bottsford Avenue. Attorney Pyzyk asked if the business Mr. Guerrero has in the City of Milwaukee is in a small building like the one proposed in Greenfield or is it more in a strip mall. Ms. Agosto stated it is in a small corner building, mixed use. Attorney Pyzyk asked if it was part of a mall or if it is a free-standing building. Ms. Agosto said it is a free-standing building. Attorney Pyzyk asked if it is a building that people can walk into and conduct business or is it of a smaller nature like the one in Greenfield. Ms. Agosto said the business is a walk in business. Alderperson Saryan asked what the primary function is of the business in Milwaukee. Ms. Agosto said it is the same type of business. Alderperson Saryan said then it is primarily for buying gold. Ms. Agosto said for buying and exchanging coins, gold, exactly what the plan of operation states. Mr. Guerrero wants to expand and he saw the opportunity because the location in question has been that type of business in the past and he thought it would be a good location at which to expand his business. Mayor Neitzke said when the previous business went into that location, the primary focus was suppose to be jewelry repair and watch repair. Initially, there was not a primary secondhand dealing component, therefore, there was no public hearing to request a special use for the location because it was represented that the property would be primarily a jewelry repair business. Alderperson Akers said there is a holding period when items are bought according to police rules. She asked where the items will be held if the police need access to the items if they are conducting an investigation for a theft. After discussing the question with Mr. Guerrero, Ms. Agosto said the items would be in a safe in that building and that Mr. Guerrero made sure there was room for a safe the size he needs when he did the walk-thru prior to signing a lease because anything he purchases he has to hold for one month. Ms. Agosto indicated it would C.C.-2/20/13

16 not be going to the other business location. Ms. Agosto said Mr. Guerrero does not want to bring anything negative to the City of Greenfield. He has run his business in a good manner in the City of Milwaukee and Milwaukee is happy with the support he brings to Milwaukee and he wants to do the same in Greenfield. It was moved by Alderperson Akers, seconded by Alderperson Saryan, to close the public hearing. Motion carried unanimously. It was moved by Alderperson Kastner, seconded by Alderperson Pietrowski, to deny approval of a Special Use to open a jewelry retail sales and repair business, including the buying/trading/upgrading of used jewelry at 6205 South 27 th Street which is the small building at the northeast corner of the Greenfield Emporium Square shopping center, on the basis that it was stated the primary use of the building is going to be for resale and it just is not suited for that size of the building, Tax Key # After a discussion, on a roll call vote, the motion carried unanimously. 11. Plan Commission Meeting held February 12, 2013 Item #4 It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve a Site & Building Review/Special Use Amendment for exterior building changes at Bakers Square, 4900 South 76 th Street, subject to Plan Commission and staff comments, and consider this a minor change not needing a public hearing, Tax Key # On a roll call vote, the motion carried unanimously. 12. Special Finance & Human Resources Committee Meeting held February 20, 2013 Item #2 It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to adopt Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $5,625,000 for the purpose of paying the cost of refunding the callable portion of the City s $7,840,000 General Obligation Corporate Purpose Bonds, Series 2007A, dated February 1, 2007, including bond issuance costs (Resolution No. 3440). RESOLUTION NO INITIAL RESOLUTION AUTHORIZING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $5,625,000 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 $5,625,000 for the purpose of paying the cost of refunding the callable portion of the City s $7,840,000 General Obligation Corporate Purpose Bonds, Series 2007A, dated February 1, 2007 including bond issuance costs. 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 March 19, 2013 ADOPTED, 2013 APPROVED, C.C.-2/20/13

17 Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor On a roll call vote, the motion carried unanimously. Item #3 It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to adopt Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $2,905,000 for the purpose of paying the cost of street improvements, related storm and sanitary sewer improvements, capitalized interest and bond issuance costs (Resolution No. 3441). RESOLUTION NO INITIAL RESOLUTION AUTHORIZING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $2,905,000 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 $2,905,000 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 March 19, ADOPTED, 2013 APPROVED, 2013 Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor On a roll call vote, the motion carried unanimously. Item #4 It was moved by Alderperson Kastner, seconded by Alderperson Akers, to approve a contract extension between the City of Greenfield and the Medical College of Wisconsin for Occupational Health Services. On a roll call vote, the motion carried unanimously. Item #5 It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to approve a contract between the City of Greenfield and Community Care. On a roll call vote, the motion carried unanimously. 13. City Clerk s Report: It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, that the first Council C.C.-2/20/13

18 meeting in April will be held Wednesday, April 3, 2013 due to the Spring Election scheduled on April 2, Motion carried unanimously. 14. Appointments to various committees and commissions: No appointments were made. Therefore, the following committee appointments will 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 5/1/17 (Allen Shutta) (2) One alternate member to the Community Development Authority for a term to expire 2/19/17 (Troy Chowanec) (3) One member of Business Improvement Board #1 for a term to expire 2/17/14; at-large position (Patricia Nelson) (4) One member of Business Improvement Board #2 for a term to expire 2/17/15; at-large position (Julio Maldonado) b. Mayor appointments: (1) One alternate member to the Zoning Board of Appeals for a term to expire 5/1/15 (Donald Kopp) (2) One alternate member to the Plan Commission for a term to expire 5/1/15 (Brad Sponholz) (Note: Becky Rupel was appointed 9/18/12 to fill this position but has not been sworn in and has declined the appointment) 15. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve the issuance of an operator license to Matthew G. Lutz, 5210 Balboa Dr. Motion carried unanimously. 16. Application for a Secondhand Jewelry Dealer license received from Corona Jewelry II, LLC for the property located at 6205 South 27 th Street (Corona Jewelry) No action was required because a Special Use to open a jewelry retail sales and repair business, including the buying/trading/upgrading of used jewelry at 6205 South 27 th Street was denied in Item #10 of these minutes. 17. It was moved by Alderperson Saryan, seconded by Alderperson Akers, to approve the 2013 Wisconsin Parks & Recreation Theme Park Ticket Agreement. On a roll call vote, the motion carried unanimously. 18, 19 & 20 It was moved by Alderperson Saryan, seconded by Alderperson Pietrowski, to approve the following: Disbursements in the amounts of $52,646.59; $521,451.61; $185,070.25; $144,368.05; $11,071.26; $4,736.37; $25,507, and ($5,406.85) Mileage in the amount of $ C.C.-2/20/13

19 Investments and reinvestments in the amounts of $24,790, and $10,781, On a roll call vote, the motion carried unanimously. 21. City Attorney s Report: At this time, the Council proceeded with Item #22 It was moved by Alderperson Pietrowski, seconded by Alderperson Saryan, to adopt Ordinance No ORDINANCE NO AN ORDINANCE TO AMEND THE COMPREHENSIVE LAND USE MAP OF THE CITY OF GREENFIELD WHEREAS, The Common Council of the City of Greenfield conducted a public hearing in the Common Council Chambers of the City Hall at Greenfield, Wisconsin, on Wednesday, the 20 th day of February, 2013 at 7:15 p.m. upon a proposal to amend Comprehensive Land Use Plan Ordinance No. 2629; and WHEREAS, Notice of said hearing has been duly published in the Greenfield NOW Newspaper, formerly known as MyCommunityNow.com, and a period of at least thirty (30) days has expired after the last publication before said hearing, 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 adopted on the 18 th day of November, 2008 related to the land use map is hereby amended. PART II. The land use designation for the approximately 5.1 acres of land at the northwest corner of Arlington Cemetery was changed from Mixed Residential to Community Facilities by the Common Council at its December 4, 2012 meeting: 4001 S. 27 th Street Tax Key # Lot 2 of Certified Survey Map No being a part of the Northeast 1/4 of Section 24, Township 6 North, Range 21 East, City of Greenfield, Milwaukee County, Wisconsin. PART III. The land use designation for an additional approximately 11.4 acres of land at the northwest corner of Arlington Cemetery is hereby also changed from Mixed Residential to Community Facilities for a total of 16.5 acres at this location: 4001 S. 27 th Street Tax Key # C.C.-2/20/13

20 All that part of the Northeast ¼ of Section 24, 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 Northeast corner of said ¼ Section; thence South E along the East line of said ¼ Section feet to a point; thence South West, feet to a point on the North right-of-way line of West Howard Avenue; thence South West on and along said North right-of-way line, feet more or less to the point of beginning of lands to be described; thence South West, feet more or less to a point; thence North West, feet more or less to a point, said point being on the East right-of-way line of South 35 th Street; thence North West on and along said East right-ofway line, feet more or less to a point, said point being on the Southeast right-of-way line of West Loomis Road (STH 36); thence North East on and along said Southeast right-of-way line, feet to a point, said point being on the South right-of-way line of West Howard Avenue; thence North East on and along said North right-of-way line, feet more or less to the point of beginning. PART IV. 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. PART V. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed. PART VI. This ordinance shall take effect from and after its passage and publication. ADOPTED, 2013 APPROVED, 2013 Jennifer Goergen, City Clerk Michael J. Neitzke, Mayor On a roll call vote, the motion carried unanimously. 22. Items for future agenda At this time, the Council proceeded with Item # C.C.-2/20/13

21 Mayor Neitzke provided materials from the Great Lakes and St. Lawrence Cities Initiative. He believes that membership in the organization is something worth considering. The group is made of representatives from Canadian and US cities and villages to provide a voice to Great Lakes issues. He believes that the Great Lakes and fresh water are a valuable resource, some would say more valuable than energy. He is going to try to have membership coordinated with some adjacent communities. 23. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to adjourn the meeting at 7:40 p.m. Motion carried unanimously. JG:slw Jennifer Goergen, City Clerk Distributed: February 25, C.C.-2/20/13

22 MINUTES OF THE COMMON COUNCIL MEETING HELD AT THE GREENFIELD CITY HALL ON TUESDAY, MARCH 5, 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 Rick Sokol City Clerk City Attorney 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 Kastner, to approve the February 20, 2013 Common Council minutes, as recorded. Motion carried unanimously. 5. Mayor s Report Mayor Neitzke stated work has started on planning a farmer s market. It is the expectation that it may begin sometime in June and run through October. More information will be forthcoming. 6. Aldermanic Reports - None 7. Announcements - None 8. Citizen Commentary - None 9. Board of Public Works Meeting held January 22, 2013 (action taken on Item #9 at 2/5/13 Council meeting) Item #11 Approve the installation of a three-way stop sign at South 64 th Street and West Plainfield Avenue with a traffic study being performed before and after the installation was REMOVED FROM THE AGENDA at this time and may appear on a future agenda. 10. Board of Public Works Meeting held February 26, 2013 It was moved by Alderperson Lubotsky, seconded by Alderperson Akers, to approve the following: C.C.-3/5/13

23 Item #4 Special Assessment and Utility and Street Improvements in the area of South 39 th Street, South 40 th Street, South 41 st Street at West Howard Avenue and West Plainfield Avenue at West Howard Avenue, Project 2006 #29 Item #5 Endorse the Private Property I/II initiative and information packet Item #15 Award the contract to Dan Larsen Landscaping for installation of Street Trees located at various locations not to exceed $24,281 Item #18 Three-party design engineering service contract for the reconstruction of West Edgerton Avenue from South 27 th Street to West Loomis Road On a roll call vote, the motion carried unanimously. 11. 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: (1) One member to the Board of Review for a term to expire 5/1/17 (Allen Shutta) (2) One alternate member to the Community Development Authority for a term to expire 2/19/17 (Troy Chowanec) (3) One member of Business Improvement Board #1 for a term to expire 2/17/14; at-large position (Patricia Nelson) (4) One member of Business Improvement Board #2 for a term to expire 2/17/15; at-large position (Julio Maldonado) b. Mayor appointments: (1) One alternate member to the Zoning Board of Appeals for a term to expire 5/1/15 (Donald Kopp) (2) One alternate member to the Plan Commission for a term to expire 5/1/15 (Brad Sponholz) (Note: Becky Rupel was appointed 9/18/12 to fill this position but has not been sworn in and has declined the appointment) 12. It was moved by Alderperson Akers, seconded by Alderperson Pietrowski, to approve the issuance of an operator license to each of the following: Jancich, Bryan M S. 113 th St. Kelly, Richard A S. 48 th St. Linski, Jill M W. Schlinger Ave. Jones, Kelsie L S. 56 th St. Lange, Erin N S. Miner St. Motion carried unanimously C.C.-3/5/13

24 13. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve the request of Quantum Leap Restaurants, Inc., 4638 South 76 th Street, for a change of agent from Michael C. Loporchio to Daniel A. Johnson, 4333 Hillcrest Drive. (T.G.I. Friday s). Motion carried unanimously. 14. It was moved by Alderperson Kastner, seconded by Alderperson Lubotsky, to approve the issuance of a Parade License to Badger Trails, Inc. for a hiking event to be held Saturday, April 27, 2013 from 8:00 a.m. until 3:00 p.m. as follows: Hikers will assemble from 8:00 a.m. to 10:00 a.m. at Scout Lake Park, with the hike starting at Scout Lake Park, 5902 West Loomis Road, in Greendale and proceeding south along West Loomis Road to the entrance of the Root River Parkway. They will turn west and head along the parkway going west to West College Avenue which they will cross and follow the parkway north to West Grange Avenue. After crossing West Grange Avenue, they will move northwest along the parkway crossing West Edgerton Avenue, West Layton Avenue, West Cold Spring Road, West Howard Avenue, West Morgan Avenue, West Oklahoma Avenue, and West Lincoln Avenue. At this point they will enter Greenfield Park picnic area #2 Pavilion where the hike ends. Motion carried unanimously. 15. It was moved by Alderperson Pietrowski, seconded by Alderperson Akers, to approve a Temporary Use Permit for El Beso, 5030 South 74 th Street, in conjunction with a Cinco de Mayo outdoor festival to be held on the parking lot east of their building from May 3 rd (Friday) to May 5 th (Sunday); approval from property owner-bonnie Mgt.-has been received. Tax Key Nos (El Beso) & (Bonnie Mgt.) Motion carried unanimously. 16. It was moved by Alderperson Akers, seconded by Alderperson Saryan, to approve the request of El Beso Mexican Restaurante LLC, Andreas Bouraxis, Agt., for an extension of their Combination Class B Beer & Liquor License and their Entertainment License for a Cinco de Mayo festival celebration to be held Friday, May 3, 2013; Saturday, May 4, 2013; and Sunday, May 5, 2013 from 12:00 noon to 10:00 p.m. The request is to extend the Combination Class B Beer & Liquor License to the tent area on the east side of El Beso Mexican Restaurante, 5030 South 74 th Street, and extend the Entertainment License to allow roaming acoustic performers and singing. Motion carried unanimously. 17. It was moved by Alderperson Saryan, seconded by Alderperson Akers, to renew a City Hall parking lot lease with the United States Postal Service. On a roll call vote, the motion carried unanimously. 18. It was moved by Alderperson Pietrowski, seconded by Alderperson Kastner, to fill a Clerk-Typist position in the Police Department due to a promotion. Motion carried unanimously. 19, 20 & 21. It was moved by Alderperson Saryan, seconded by Alderperson Kastner, to approve the following: Mileage reimbursements in the amount of $ Disbursements in the amounts of $33,628.52; $229,614.16; $46,080.51; $3,413.76; $180,682.12; $1,405.00; $8, and $5, Investments and reinvestments in the amounts of $24,790, and $10,781, On a roll call vote, the motion carried unanimously C.C.-3/5/13